National Incomes And Pricing Commission Act [Chapter 14:32]

 

 

Chapter 14:32

National Incomes And Pricing Commission Act

Act 2/2007, 2/2008. SI 159A/2007.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title.

2A.   State to be bound.

PART II

NATIONALINCOMES AND PRICING COMMISSION

3. Establishment of National Incomes and Pricing Commission.
4. Composition of Commission.
5. Functions of Commission.
6. Powers of Commission.
7. Policy directions.
8. Execution of contracts and instruments by Commission.
9. Reports of Commission and supply of information to Minister. PART III

SECRETARIAT OF COMMISSION

10. Secretariat of Commission.
11. Chief Executive Officer.
12. Employees of Commission.

PART IV

FINANCIALPROVISIONS

13. Funds of Commission.
14. Investment of moneys not immediately required by Commission.
15. Accounts of Commission.
16. Audit of Commission’s accounts.
17. Powers of auditors.

PART IVA

CONTROL OFINCOMES, RENTALS ANDSERVICE CHARGES

17A. Interpretation in Part IVA.

17B. Remuneration.

17C. Leases.

17D. Service charges.

17E. Commission may fix standard for rentals and service charges.

17F. Application of Part IVA to statutory bodies.

17G. Offences against Part IVA.

PART V

GENERAL

18. Power to obtain information.
20. Powers of entry and inspection.

20A. Prices of goods.

20B. Commission may fix standard for prices of goods.

21. Refusal to sell goods.
22. Display of prices of goods on sale.
23. Conditional selling.
24. Preservation of secrecy.
25. Exemption of Commission from liability.
26. General offences and penalties.
27. Regulatory powers of the Commission.
28. Amendment of Cap. 14:05 and Statutory instrument 334 of 2001.

SCHEDULES

First Schedule: Provisions applicable to the Commission. Second Schedule: Powers of Commission.

AN ACT to establish a National Incomes and Pricing Commission and to confer powers and functions on such a Commission in relation to incomes and pricing issues; to regulate the implementation of policies related to the determination of incomes and prices; to amend the Control of Goods Act [Chapter 14:05]; and to provide for matters connected therewith or incidental thereto.

[Date of commencement : 21st May, 2007.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the National Incomes and Pricing Commission Act [Chapter 14:32].

                       2    Interpretation

In this Act—

“chairperson” means the chairperson of the Commission designated in terms of paragraph 5 of the First Schedule and includes the deputy chairperson of the Commission when performing the chairperson’s functions;

“Commission” means the National Incomes and Pricing Commission established in terms of section 3;

“commissioner” means a member of the Commission, including the chairperson and deputy chairperson;

“consumer” includes any person who purchases or offers to purchase goods otherwise than for the purpose of resale, but does not include a person who purchases any goods for the purpose of using them in the production or manufacture of any other goods or articles for sale;

“customer” means a person who purchases goods or services from another person;

“document” includes—

• a book, plan, paper, parchment or other material on which there is writing or painting, or on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them;
• a disc, tape, paper, or other device from which sounds or messages are capable of being reproduced; and
• any other record of information;

“financial year”, in relation to the Commission, means the period of twelve months ending on the 31st December;

“goods” means articles or things of any kind whatsoever that are capable of being owned or possessed including—

• anything capable of being imported or exported; and
• any kind of manufactured or unmanufactured commodity; and
• any kind of animal or plant life;

“inspector” means a person designated as an inspector in terms of section 19;

“local industry” means the persons who in Zimbabwe are engaged in the business of producing or providing, otherwise than by importation, goods or services for consumption in or export from Zimbabwe, and includes any class of such persons;

“Minister” means the Minister of Industry and International Trade or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“premises” includes land, or any building, structure, vehicle, ship, boat, vessel, aircraft or container;

“price” includes—

• a charge of any description; and
• in relation to goods or services, any pecuniary benefit, whether direct or indirect, received by a person for or in connection with the supply by the person of the goods or services;

“price monitored or controlled goods and services” means goods and services whose prices are monitored or controlled by the Control of Goods Act [Chapter 14:05] or any other enactment;

“pricing violations” means violations of any enactment relating to price monitored or controlled goods and services;

“regulatory authority” means an entity established in terms of an enactment responsible for regulating an industry;

“respondent” means a person against whom a complaint of a prohibited practice has been initiated in terms of this Act;

“sale” includes an agreement to sell or offer for sale and includes the exposing of goods for sale, the furnishing of a quotation, whether verbally or in writing, and any other act or notification by which willingness to enter into any transaction for sale is expressed;

“services” includes the rights or benefits provided under an agreement for the performance of work (otherwise than under a contract of service), whether with or without the supply of goods.

2A State to be bound

This Act shall bind the State.

[Section inserted by Act 2 of 2008]

PART II

NATIONALINCOMES AND PRICING COMMISSION

                       3     Establishment of National Incomesand Pricing Commission

There is hereby establish a commission, to be known as the National Incomes and Pricing Commission, which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all acts that a body corporate may by law perform.