CONTROL OF SUPPLIES REGULATIONS 1974

PU(A) 103/1974

In exercise of the powers conferred by section 6 of the Control of Supplies Act 1961, the Minister hereby makes the following regulations:

1.Citation, application and commencement.

(1) These regulations may be cited as the Control of Supplies Regulations, 1974.

(2) These Regulations shall come into force on such date as the Minister may, by notification in the Gazette, appoint, and different dates may be appointed for different States or parts of Malaysia in respect of different scheduled articles.

2. Interpretation.

(1) In these Regulations, unless the context otherwise requires, —

"licence" means a licence under these Regulations;

"manufacture" means any art, manner, process or act whatsoever described in Part II of the Schedule, regardless whether or not the same involves the use of any machinery or mechanically transmitted power;

"manufacturer" includes a person holding a valid licence to manufacture issued under these Regulations;

"place of manufacture" includes all manufacturing equipment therein;

"retailer" means a person holding a valid licence to deal in any scheduled article by retail issued under these Regulations;

"scheduled article" means any article —

(a) which is a controlled article as defined in section 2 of the Control of Supplies Act, 1961; and

(b) which is specified in Part I of the Schedule;

"wholesaler" means a person holding a valid licence to deal in any scheduled article by wholesale issued under these Regulations:

"working day" means a day other than a weekly holiday or a public holiday.

3. Licence required for dealing in scheduled articles, and for manufacturing.

(1) No person shall deal by wholesale or retail in any scheduled article or manufacture any scheduled article except under and in accordance with a licence issued under Regulation 4.

(2) Where a person has more than one place of business he shall take out a separate licence in respect of each place of business.

(3) For the purpose of this Regulation "place of business" means the place where the scheduled article is manufactured, or the place where it is sold by wholesale,or the place where it is sold by retail, as the case may be.

4. Issue, form and period of licences and licence fees.

(1) The Controller of Supplies may on application in writing in that behalf, issue and renew licences to deal in scheduled articles by wholesale or retail or licences to manufacture scheduled articles, which shall be in the form set out in either Part III or Part lIlA of the Schedule and shall be subject to such conditions as may be specified in the licence.

(2) A licence issued or renewed under this regulation shall be valid for any number of years but not exceeding five years from the date of issue or expiry of such licence and shall be valid for the period expressed therein.

(3) The Controller may include in a single licence in the form in either Part III or Part lIlA of the Schedule, the business of manufacture, of dealing by wholesale and of dealing by retail, or he may direct that a separate licence be issued in respect of one of these categories of businesses or in respect of each of these categories of businesses.

(4) The Controller may include in a single licence in the form in either Part III or Part lIlA of the Schedule more than one scheduled article.

(5) The fees for a new licence or for the renewal of a licence shall be as set out in Part V of the Schedule, and where the licence is —

(a) a licence to manufacture, the fees payable shall be in respect of the manufacture of each category of scheduled article; and

(b) a licence to sell by wholesale or retail, the fees payable shall be in respect of all categories of scheduled articles included in the licence.

The fees shall be chargeable separately regardless whether the above categories of businesses are included in a single or in separate licences and any fees paid shall not be refundable whether in part or in full unless such fees were paid in error.

(6) Notwithstanding anything to the contrary, the Controller may collect arrears of fees in respect of any licence issued under this regulation for any number of years but not exceeding five years.

(7) The Controller shall not renew any licence issued under this regulation if the licence has expired for a period of five consecutive years but the holder of such expired licence may apply for a new licence.

(8) The Controller may, on the application of the holder of any licence issued under this regulation, issue a certified copy of such licence on payment of the fee as set out in Part V of the Schedule.

SCHEDULE

(Regulations 2(1), 4 (1) and 18)

PART I

(Regulation 2 (1))

1. Wheat Flour.

2. Kerosene.

3. Sugar.

4. Fertiliser.

5. Cooking Oil.

6. Petrol, motor spirit and motor gasoline of all grades.

7. Diesel fuel.

8. Mild steel round bars.

9. Cement.

10. Liquified Petroleum Gas.

11. All types of bread, except the French loaf, where the weight ranges between 200 grammes and 1,000 grammes.

PART II

(Regulation 2 (1))

1. Milling of wheat into wheat flour.

2. Subjecting crude oil to any process or processes whatsoever, including the refining thereof, so as to produce kerosene, petrol, motor spirit, motor gasoline, diesel fuel or liquified petroleum gas, notwithstanding that other products may also be produced in the course of or by the same process or processes.

3. Subjecting sugar to any process or processes whatsoever which render it suitable for human consumption, including the refining of sugar but not including the manufacture of products containing sugar.

4. Any process or processes whatsoever, including the collecting of any substance, whereby any product or substance capable of being used as a fertiliser is produced, derived or collected, regardless whether such product or substance is a straight fertiliser or a compound of two or more substances and regardless whether such product or substance is a product or a by-product of such process or processes.

5. Subjecting any substance or substances, whether of vegetable or animal origin, to any process or processes whatsoever whereby cooking oil is produced or derived.

6. Processing of iron ore and/or processing of steel scrap resulting in the production of mild steel round bars and/or high tensile deformed bars.

7. Any process or processes whatsoever, including production of clinker and mixing of clinker with gypsum, whereby cement is produced.

8. Bottling of liquefied petroleum gas.

PART III

(Regulation 4 (1))

No......

CONTROL OF SUPPLIES REGULATIONS 1974

(Regulation 4 (1))

Licence ...... No ......

Name ......

Address ......

(Place of business).

is hereby licensed by the Controller to

MANUFACTURE

......

DEAL WHOLESALE IN

......

DEAL RETAIL IN

......

1. This licence is not transferable.

2. This licence is subject to the special conditions endorsed hereon */ attached hereto *.

3. This licence is valid for the *manufacture/sale by wholesale/sale by retail of the scheduled articles specified above only at the following premises:

......

4. The licensee shall store the scheduled articles specified above only at the following premises:

1......

2......

3......

4......

5......

5. The licensee shall not have in his possession or under his custody or control or permit any person to have in his possession or under his custody or control on behalf of the licensee more than the quantity specified below of the scheduled articles to which this licence applies:

Scheduled Article. / Quantity.

6. The manufacturer shall carry out manufacturing operations at his place of manufacture for not less than ...... hours on each working day.

Date ...... / ......
Signature of Controller.

ENDORSEMENTS OF RENEWALS OF THIS LICENCE.

Date of Renewal. / Valid until. / Signature of Controller.
1...... / ...... / ......
2...... / ...... / ......
3...... / ...... / ......

This licence is subject to the following special conditions:

*Delete whichever is inapplicable.

PART lIlA

(Regulation 4 (1))

Expiry date of licence ......

CONTROL OF SUPPLIES REGULATIONS 1974

(Regulation 4 (1))

Licence ...... No ......

Name ......

Address ......

(Place of business).

is hereby licensed by the Controller to ......

1. This licence is valid for ...... of the scheduled articles specified above only at the following premises:

......

2. The licensee shall store the scheduled articles specified above only at the following premises:

......

3. This licence is not transferable.

4. This licence is subject to the special conditions endorsed hereon.

5. The licensee shall not have in his possession or under his custody or control or permit any person to have in his possession or under his custody or control on behalf of the licensee more than the quantity specified below of the scheduled articles to which this licence applies:

Scheduled Article. / Quantity.
...... / ......
...... / ......
...... / ......
...... / ......
Date ...... / Licence No ...... / Amount ......

6. The manufacturer shall carry out manufacturing operation at his place of manufacture for not less than ...... hours on each working day.

Effective date of licence ......

......

(Signature of Controller)

SPECIAL CONDITIONS

......

......

(Signature of Controller)

Issued by ...... / Receipt No ......

PART IV

(Regulation 18)

Column 1.
Description of trade or business. / Column 2.
Scheduled Article.
1. Bakeries manufacturing bread from wheat flour or from i ngredients which include wheat flour. / Wheat Flour.
2. Manufacturing of noodles (that is mee, kway teow or s imilar products) from wheat flour or from ingredients which include wheat flour. / Wheat Flour.
3. Manufacturing of biscuits, cakes or any item of c onfectionery from ingredients which include wheat flour, excluding the manufacturing of s uch items by a person in the course of and for the purpose of his business as a hawker or a stall-holder. / Wheat Flour.

PART V

(Regulations 4 (5), 4 (8))

Amount of fees RM
1. Licence to manufacture.
(i) valid for one year 50.00
(ii) valid for two years 100.00
(iii) valid for three years 150.00
(iv) valid for four years 200.00
(v) valid for five years 250.00 / 50.00
100.00
150.00
200.00
250.00
2. Licence to sell by wholesale.
(i) valid for one year 25.00
(ii) valid for two years 50.00
(iii) valid for three years 75.00
(iv) valid for four years 100.00
(v) valid for five years 125.00 / 25.00
50.00
75.00
100.00
125.00
3. Licence to sell by retail.
(i) valid for one year 10.00
(ii) valid for two years 20.00
(iii) valid for three years 30.00
(iv) valid for four years 40.00
(v) valid for five years 50.00 / 10.00
20.00
30.00
40.00
50.00
4. Certified copy of any licence. / 2.00

PART VI

(Regulation 19A (1))

(i) Cement

PART VII

(Regulation 19A (1))

Name of Supplier ......

Address ......

STATEMENT OF SALE

Quantity ......

Selling Price ......

Name and Address of Purchaser ......

Identity Card No ......

Date ......

......

(Signature of Seller).

Please retain for inspection.