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DR 13/2010
A BILL
i n t i t u l e d
An Act to amend the Direct Sales Act 1993.
[ ]
ENACTED by the Parliament of Malaysia as follows:
1. Short title and commencement
(1) This Act may be cited as the Direct Sales (Amendment) Act 2010.
(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
2. Amendment of long title
The Direct Sales Act 1993 [Act 500], which is referred to as the "principal Act" in this Act, is amended in the long title by inserting after the words "direct selling," the words "for prohibiting pyramid scheme or arrangement, chain distribution scheme or arrangement, or any similar scheme or arrangement,".
3. Amendment of short title
The principal Act is amended by substituting for the short title "Direct Sales Act 1993" the short title "Direct Sales and Anti-Pyramid Scheme Act 1993".
4. Reference to the principal Act
(1) All references to the Direct Sales Act 1993 in any written law or document shall, when this Act comes into operation, be construed as references to the Direct Sales and Anti-Pyramid Scheme Act 1993.
(2) All references to the Direct Sales Act 1993 in any criminal, civil or court proceedings shall continue to apply and not be affected as if it had not been amended by this Act.
5. Appointment made under the principal Act
The change of name provided in section 3 of this Act shall not affect or render defective the appointment of the Controller of Direct Sales, Deputy Controllers of Direct Sales, Assistant Controllers of Direct Sales and other officers made under the principal Act before the commencement of this Act.
6. Amendment of section 2
Section 2 of the principal Act is amended:-
(a) by inserting after the definition of "door-to-door sale" the following definition:-
‘ "electronic" means the technology of utilizing electrical, optical, magnetic, electromagnetic, biometric, photonic or other similar technology;’;
(b) by inserting after the definition of "prescribed" the following definition:
‘ "property" means movable property or immovable property of every description, whether tangible or intangible and includes an interest in any such movable property or immovable property, choses-in-action, negotiable instrument and money;’;
(c) in the definition of "direct sale", by substituting for the words "and a mail order sale" the words ", a mail order sale or a sale through electronic transaction";
(d) by inserting after the definition of "purchaser" the following definition:
‘ "sales through electronic transaction" means sales of goods or services through electronic means by using marketing networks with the purpose of getting commission, bonus or any other economic advantage;’;
(e) in the definition of "mail order sale", by inserting after the word "mail" the words "or any other means of mailing including through electronic means"; and
(f) in the definition of "services", by inserting after the word "goods" the words ‘and the performance of work under a contract of service, and a reference to the word "services" in this Act shall relate to direct sales and pyramid scheme’.
7. Amendment of section 4
Section 4 of the principal Act is amended:-
(a) in subsection (2), by inserting after the words "body corporate," wherever appearing the words "partnership or society,";
(b) in paragraph (2)(a):-
(i) by substituting for the words "two hundred and fifty thousand" the words "one million"; and
(ii) by substituting for the words "five hundred thousand" the words "two million";
(c) in paragraph (2)(b):-
(i) by substituting for the words "one hundred thousand" the words "two hundred and fifty thousand";
(ii) by substituting for the words "two hundred and fifty thousand" the words "five hundred thousand";
(iii) by substituting for the word "three" the word "five";
(iv) by substituting for the word "six" the word "ten"; and
(d) in subsection (3), by inserting after the words "a body corporate," the words "a partner in a partnership or an office-bearer of a society, as the case may be,".
8. Amendment of section 6
Section 6 of the principal Act is amended by inserting after subsection (3) the following subsection:
"(4) Any licensee who fails to comply with any conditions of the licence imposed by the Controller under subsection (1) shall be guilty of an offence.".
9. Deletion of section 7
The principal Act is amended by deleting section 7.
10. Amendment of section 11
Section 11 of the principal Act is amended:-
(a) by inserting after subsection (2) the following subsection:
"(2A) Notwithstanding subsection (2), if there is no representation made by the licensee after the expiry of the period of fourteen days from the date of service of the notice under subsection (1), the Controller may decide to continue with the proposed action under subsection (1)."; and
(b) in subsection (3), by inserting after the words "(2)" the words "or (2A)".
11. Amendment of section 12
Section 12 of the principal Act is amended by inserting after subsection (2) the following subsections:
"(3) Notwithstanding subsections (1) and (2), where a licence is revoked, the licensee shall surrender its licence by personal service to the Controller within fourteen days from the date on which the written notice is served on the licensee under subsection 11(3).
(4) Any person who contravenes subsection (3) shall be guilty of an offence and shall, on conviction, be liable:-
(a) if such person is a body corporate, partnership or society, to a fine not exceeding two hundred thousand ringgit;
(b) if such person is not a body corporate, partnership or society, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(5) Where a person, being a director, manager, secretary or other similar officer of a body corporate, a partner in a partnership or an office-bearer in a society, as the case may be, is guilty of an offence under this section by virtue of section 38, he shall be liable to the penalty provided for under paragraph (4)(b).".
12. Amendment of Part III
The heading of Part III of the principal Act is amended by substituting for the words "MAIL ORDER SALES" the words ", MAIL ORDER SALES AND SALES THROUGH ELECTRONIC TRANSACTIONS".
13. New section 19A
The principal Act is amended by inserting after section 19 the following section:-
"19A. Sales through electronic transaction
(1) No person shall supply by sale, or advertise for the supply of, through electronic transaction, any goods or services except in accordance with this Act or the regulations.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.".
14. New Part VA
The principal Act is amended by inserting after "Part V" the following Part:-
"PART VA
PROHIBITION OF PYRAMID SCHEME
27A. Interpretation in relation to this Part
In this Part, unless the context otherwise requires:-
"promote", in relation to pyramid scheme prohibited by this Act, means:-
(a) to contrive, prepare, establish, plan, advertise, operate or conduct by using any medium, including electronic transaction; or
(b) to induce or attempt to induce other persons to be a participant in such scheme by using any medium, including electronic transaction;
"person" means an individual, body corporate, partnership or society;
"participant" means a person who participates or gets benefits in a pyramid scheme;
"pyramid scheme" means any scheme, arrangement, plan, operation or chain process having all or any of the features specified in the Schedule.
27B. Unlawful to promote or conduct pyramid scheme
(1) No person shall promote or cause to be promoted a pyramid scheme.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable:-
(a) where such person is a body corporate, partnership or society, to a fine of not less than one million ringgit and not more than ten million ringgit and, for a second or subsequent offence, to a fine of not less than ten million ringgit and not more than fifty million ringgit;
(b) where such person is not a body corporate, partnership or society, to a fine of not less than five hundred thousand ringgit and not more than five million ringgit or to imprisonment for a term not exceeding five years or to both and, for a second or subsequent offence, to a fine of not less than one million ringgit and not more than ten million ringgit or to imprisonment for a term not exceeding ten years or to both.
(3) Where a person, being a director, manager, secretary or other similar officer of a body corporate, a partner in a partnership or an office-bearer in a society, as the case may be, is guilty of an offence under this section by virtue of section 38, he shall be liable to the penalty provided for under paragraph (2)(b).".
15. Amendment of section 29
The principal Act is amended by substituting for section 29 the following section:-
"29. Search and seizure with warrant
(1) If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there is reasonable cause to believe that an offence under this Act or the regulations is being or has been committed on any premises, the Magistrate may issue a warrant authorizing any Assistant Controller named in the warrant to enter the premises at any reasonable time by day or by night, with or without assistance and if need be by force.
(2) A warrant issued under subsection (1) may authorize the Assistant Controller to:-
(a) search the premises for, and seize any property, document or computerized data that is reasonably believed to furnish evidence of the commission of such offence;
(b) remove from the premises any property, document or computerized data seized under paragraph (a) and detain it for such period as the Assistant Controller thinks necessary;
(c) search any person who is found on such premises, if the Assistant Controller has reason to suspect that such person has on his person any property, document or computerized data, including personal document, that is reasonably believed to furnish evidence of the commission of such offence and seize such property, document or computerized data;
(d) remove from a person searched under paragraph (c) such property, document or computerized data seized under that paragraph and detain it for such period as the Assistant Controller thinks necessary; and
(e) inspect, make copies of, or take extracts from, any property, document or computerized data seized and detained under paragraphs (b), (c) and (d).
(3) If it is necessary to do so, an Assistant Controller may in the exercise of his powers under subsection (1):-
(a) break open any door of any premises and enter such premises;
(b) forcibly enter any premises and every part of such premises;
(c) break open, examine and search any article, container or receptacle;
(d) remove by force any obstruction to such entry, search, seizure, detention or removal as he is empowered to effect; or
(e) detain any person found on any premises until the search is completed.
(4) If, by reason of its nature, size or amount, it is not practicable to remove any property, document or computerized data seized under subsection (1), the Assistant Controller shall, by any means, seal such property, document or computerized data in the premises or container in which it is found.
(5) A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (4) or removes any property, document or computerized data under seal or attempts to do so shall be guilty of an offence.".
16. New sections 29A, 29B, 29C and 29D
The principal Act is amended by inserting after section 29 the following sections:
"29A. Search and seizure without warrant
Where an Assistant Controller in any of the circumstances referred to in section 29 has reasonable cause to believe that by reason of delay in obtaining a search warrant under that section, the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the Assistant Controller may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 29 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.
29B. Assistant Controller may take other persons
Any Assistant Controller entering any premises by virtue of section 29A may take with him such other persons and such equipment as may appear to him necessary, and on leaving any premises which he has entered in the exercise of his powers under this Part he shall, if the premises are unoccupied or where the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.
29C. Access to computerized data
(1) An Assistant Controller conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise.
(2) For the purpose of this section, "access":-
(a) includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of such computerized data; and
(b) has the same meaning assigned to it by subsections 2(2) and (5) of the Computer Crimes Act 1997 [Act 563].
29D. List of things seized
(1) Where any property, document or computerized data is seized under this Part, the Assistant Controller shall, as soon as practicable, prepare a list of the things seized and of the places in which they are respectively found and deliver a copy of the list signed by him to the occupier of the premises which has been searched, or to his agent or servant, at the premises.
(2) Where the premises are unoccupied, the Assistant Controller shall whenever possible post a list of the things seized conspicuously on the premises.".
17. Amendment of section 30
Subsection 30(1) of the principal Act is amended by deleting the words "if that person refuses to furnish his name and address or there are reasonable grounds for believing that he has furnished a false name and address".
18. Amendment of section 31
Section 31 of the principal Act is amended:-
(a) by substituting for subsection (1) the following subsection:
"(1) Any person who:-
(a) refuses any officer appointed under this Act or the other persons referred to in section 29B access to any premises, or fails to submit to a search of his person;
(b) assaults, obstructs, hinders or delays or otherwise interferes with an officer appointed under this Act or the other persons referred to in section 29B in effecting any entry which he is entitled to effect or in the performance of his duties under this Part;
(c) fails to comply with any lawful demands of any officer appointed under this Act in the performance of his duties under this Part;
(d) refuses to give to any officer appointed under this Act any property, document or computerized data which may reasonably be required of him and which he has in his power to give;
(e) fails to disclose any information or to produce to, or conceals or attempts to conceal from an officer appointed under this Act any property, document or computerized data which such officer requires;
(f) rescues or attempts to rescue any thing which has been duly seized;
(g) before or after any search or seizure, breaks or otherwise destroys any thing to prevent its seizure, or the securing of any property, document or computerized data;
(h) without lawful authority, breaks, tampers with or damages the seal referred to in section 29 or removes any thing under seal or attempts to do so; or
(i) obstructs in whatever manner any officer appointed under this Act acting in pursuance of this Act, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding six months or to both."; and
(b) by deleting subsection (3).
19. Amendment of section 32
Section 32 of the principal Act is amended by substituting for the words "goods or documents" the words "property, document or computerized data".
20. Amendment of section 33
Section 33 of the principal Act is amended:-
(a) by renumbering the existing provision as subsection (1) and inserting after the words "this Act" the words "or the regulations"; and
(b) by inserting after subsection (1) the following subsection:-
"(2) An Assistant Controller investigating the commission of an offence under this Act or the regulations may exercise all or any of the powers in relation to police investigation in seizable cases as provided for under the Criminal Procedure Code [Act 593].".
21. New sections 33A, 33B and 33C
The principal Act is amended by inserting after section 33 the following sections:-
"33A. Power to require attendance of person acquainted with case
(1) An Assistant Controller making an investigation under this Act or the regulations may, by order in writing, require the attendance before himself of any person who appears to him to be acquainted with the facts and circumstances of the case, and such person shall attend as so required.
(2) If any person refuses to attend as so required, the Assistant Controller may report such refusal to a Magistrate who shall issue a warrant to secure the attendance of such person as may be required by the order made under subsection (1).
33B. Examination of person acquainted with case
(1) An Assistant Controller making an investigation under this Act or the regulations may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.
(2) The person examined under subsection (1) shall be legally bound to answer all questions relating to such case put to him by the Assistant Controller, but such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.
(4) The Assistant Controller examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).
(5) A statement made by any person under this section shall, wherever possible, be reduced into writing and signed by the person making it or affixed with his thumbprint, as the case may be, after:-
(a) it has been read to him in the language in which he made it; and
(b) he has been given an opportunity to make any correction he may wish.
33C. Admissibility of statement in evidence
(1) Except as provided in this section, no statement made by any person to an Assistant Controller in the course of an investigation made under this Act or the regulations shall be used in evidence.
(2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the Assistant Controller in the course of the investigation under this Act or the regulations and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].
(3) Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.
(4) Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.
(5) When any person is charged with any offence in relation to:-
(a) the making; or
(b) the contents, of any statement made by him to an Assistant Controller in the course of an investigation made under this Act or the regulations, that statement may be used as evidence in the prosecution’s case.".
22. Substitution of section 34
(1) The principal Act is amended by substituting for section 34 the following section:
"34. Prosecution
No prosecution for or in relation to any offence under this Act or the regulations shall be instituted except by or with the written consent of the Public Prosecutor.".
(2) The amendment in subsection (1) shall not affect any criminal or civil proceedings pending in any court. Amendment of section 35 23. Section 35 of the principal Act is amended:-
(a) by substituting for the existing shoulder note the following shoulder note:-
"Forfeiture of property, etc";
(b) in subsections (1), (2), (3), (4) and (6), by substituting for the word "goods" wherever appearing the words "property, document or computerized data"; and
(c) by substituting for subsection (5) the following subsection:
"(5) On receipt of the notice under subsection (4), the Assistant Controller shall refer the notice to the Controller or Deputy Controller, who may, after such enquiries as may be necessary, direct that such property, document or computerized data be released or forfeited or refer the matter to a Magistrate for his decision.".
24. Amendment of section 36
Section 36 of the principal Act is amended by substituting for the word "goods" the words "property, document or computerized data".
25. New section 36A
The principal Act is amended by inserting after section 36 the following section:-
"36A. Cost of holding property, etc, seized
Where any property, document or computerized data seized in the exercise of any power under this Act is held in the custody of the Government pending the completion of any proceedings in respect of an offence under this Act or the regulations, the cost of holding it in custody shall, in the event of any person being found guilty of an offence under this Act or the regulations, be a debt due to the Government by such person and shall be recoverable accordingly.".
26. Amendment of section 38
Section 38 of the principal Act is amended:-
(a) by substituting for the existing shoulder note the following shoulder note:-
"Offences by body corporate, etc"; and
(b) in subsection (1):-
(i) by inserting after the words "body corporate" wherever appearing the words ", partnership or society"; and
(ii) by inserting after the words "other similar officer of the body corporate" the words ", a partner in the partnership or an office-bearer of the society, as the case may be,".
27. Amendment of section 39
Section 39 of the principal Act is amended:-
(a) in subsection (1):-
(i) by substituting for the words "twenty five thousand" the words "one hundred thousand"; and
(ii) by substituting for the words "fifty thousand" the words "two hundred and fifty thousand";
(b) in subsection (2):-
(i) by inserting after the words "body corporate" the words ", partnership or society";
(ii) by substituting for the words "one hundred thousand" the words "two hundred and fifty thousand"; and
(iii) by substituting for the words "two hundred and fifty thousand" the words "five hundred thousand"; and
(c) in subsection (3), by inserting after the words "a body corporate" the words ", a partner of a partnership or an office-bearer of a society, as the case may be,".
28. Amendment of section 41
Section 41 of the principal Act is amended by substituting for the words "court of a Magistrate of the First Class" the words "Sessions court".
29. Amendment of section 42
Section 42 of the principal Act is amended in paragraph (1)(b), by substituting for the words "handicapped person" the words "person with disability".
30. New section 43A
The principal Act is amended by inserting after section 43 the following section:-
"43A. Protection of informers
(1) Except as provided in this section, no witness in any civil or criminal proceedings shall be obliged or permitted to disclose the name or address of any informer or the substance and nature of the information received from him or to state any matter which might lead to his discovery.
(2) If any property, document or computerized data which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.
(3) If in a trial for any offence under this Act or the regulations, the court after full inquiry into the case believes that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.".
31. New section 45
The principal Act is amended by inserting after section 44 the following section:-
"45. Amendment of Schedule
The Minister may, by order published in the Gazette, amend the Schedule.".
32. New Schedule
The principal Act is amended by inserting after section 45 the following Schedule:-
"SCHEDULE
FEATURES OF PYRAMID SCHEME OR ARRANGEMENT
[Section 27A]
1. The promotion of a scheme or the payment of bonus or other benefits is solely or primarily through recruitment or introduction of participants, into the pyramid scheme, plan, operation or chain process rather than the sale of goods, services or intangible property by the participants.
2. The bonus is paid to the participants or the other benefits are received by the participants solely or primarily through the recruitment or introduction of other persons into the pyramid scheme, plan, operation or chain process rather than the sale of goods, services or intangible property by the participants or other persons.
3. A written contract or statement which describes the material terms of the agreement is not provided to participants who join the pyramid scheme, plan, operation or chain process.
4. A mandatory purchase of goods, services or intangible property or a minimum payment or sale requirement is imposed as a condition to satisfy the eligibility or start-up requirement for participation or payment of bonus or other benefits in the pyramid scheme, plan, operation or chain process.
5. The participants are required to purchase goods, services or intangible property in unreasonable amount which exceeds the expectation to be resold or consumed within a reasonable period of time. The participants may not be given full liberty in buying but they are pressured to purchase selected goods packages to meet sales requirements to qualify them for position or bonus in the pyramid scheme, plan, operation or chain process.
6. The refund policy for goods, services or intangible property purchased by participants or consumers is not provided.
7. The buy-back policy by the operator of the pyramid scheme, plan, operation or chain process for currently marketable goods, services or intangible property upon the request of participants within reasonable terms or agreement is not allowed or provided for.
8. A strict or unreasonable structural requirements of the pyramid scheme, plan, operation or chain process for the eligibility of participants to be paid bonus or other benefits.
9. Withdrawal by participants from the pyramid scheme, plan, operation or chain process is not allowed.
10. The participants are allowed or encouraged to buy up more than one position or right to participate in the pyramid scheme, plan, operation or chain process.
Explanation 1 - A reference to the word "bonus or other benefits" shall relate to return or profit gains from a pyramid scheme, plan, operation or chain process.
Explanation 2 - A reference to the words "material terms" shall include buy-back policy, cooling-off period, warranty and refund policy.
Explanation 3 - The goods or services shall not be considered as currently marketable and shall not be subject to the specified features if the goods or services are seasonal, discontinued or special promotional items which are disclosed to the participants at the time of sales.".
EXPLANATORY STATEMENT
This Bill seeks to amend the Direct Sales Act 1993 ("Act 500").
2. Clause 1 contains the short title and the power of the Minister to appoint the commencement date of the proposed Act.
3. Clause 2 seeks to amend the long title of Act 500 to extend the scope of Act 500 for the prohibition of pyramid schemes or arrangements.
4. Clause 3 seeks to amend subsection 1(1) of Act 500 to amend the short title of Act 500. The Act is to be known after this as the "Direct Sales and Anti-Pyramid Scheme Act 1993".
5. Clause 4 seeks to provide that any reference to the "Direct Sales Act 1993" in any written law or document, after the proposed Act comes into operation, be construed as references to the "Direct Sales and Anti-Pyramid Scheme Act 1993". However, any reference to the "Direct Sales Act 1993" in any criminal, civil or court proceedings shall continue to apply and not be affected as if it had not been amended by this Act.
6. Clause 5 seeks to clarify that the change of name of Act 500 does not affect the appointment of the Controller of Direct Sales and other officers under the Direct Sales Act 1993 before the commencement of this Act.
7. Clause 6 seeks to amend section 2 of Act 500 to introduce new definitions and to amend existing definitions used in the Act to include any direct sale or pyramid scheme through electronic means.
8. Clause 7 seeks to amend section 4 of Act 500 to include offences by partnership and society and to increase the penalty for offences in this Act.
9. Clause 8 seeks to amend section 6 to make an offence for licensee who fails to comply with any licence condition under Act 500.
10. Clause 9 seeks to delete section 7 of Act 500. Section 7 provides a type of direct sales business in respect of which a licence shall not be issued, namely a pyramid scheme. The proposed insertion of clause 14 renders this provision no longer necessary.
11. Clause 10 seeks to amend section 11 to allow the Controller to decide to continue the proposed action under subsection 11(1) of Act 500 if there is no representation made by the licensee after the expiry of the period of fourteen days from the date the notice is served on the licensee under subsection 11(1) of Act 500.
12. Clause 11 seeks to amend section 12 of Act 500 to require the licensee to surrender its licence by personal service upon revocation or cessation of business within two weeks from the date the notice is served on the licensee under subsection 11(3) of Act 500.
13. Clauses 12 and 13 seek to insert a new section 19A to regulate sales through electronic transaction.
14. Clause 14 seeks to introduce a new Part, namely Part VA which contains sections 27A to 27B into Act 500. The proposed provisions deal with matters relating to pyramid scheme, chain process or any other similar scheme or arrangement.
15. Clause 15 seeks to substitute section 29 of Act 500 to deal with search and seizure with warrant.
16. Clause 16 seeks to introduce new sections 29A, 29B, 29C and 29D into Act 500. The new section 29A, 29B and 29C respectively provide provisions to empower an Assistant Controller to search and seize without warrant, to allow the Assistant Controller to take other persons with him to enter any premises and to have access to computerized data. The new section 29D seeks to require the Assistant Controller to prepare a list of things seized.
17. Clause 17 seeks to amend section 30 of Act 500 to empower the Assistant Controller to arrest without warrant any person whom he believes has committed an offence under Act 500.
18. Clause 18 seeks to substitute section 31 of Act 500 to make it an offence for any person to obstruct the exercise of powers by an officer.
19. Clause 19 seeks to amend section 32 of Act 500 to include any property and computerized data seized under a warrant as valid and admissible in evidence notwithstanding defects, mistake or omission therein.
20. Clause 20 seeks to amend section 33 of Act 500 to provide for the power of investigation to an Assistant Controller.
21. Clause 21 seeks to introduce new sections 33A, 33B and 33C into Act 500. The new section 33A allows an Assistant Controller to order the attendance of person acquainted with a case under investigation. The new section 33B empowers an Assistant Controller to examine orally any person supposed to be acquainted with the facts and circumstances of the case and the new section 33C deals with provision relating to the admissibility of statement in evidence.
22. Clause 22 seeks to substitute section 34 of Act 500 on the institution of prosecution.
23. Clause 23 seeks to amend section 35 of Act 500 to require the Assistant Controller to refer a notice of claim by the owner of property, document or computerized data seized to the Controller or Deputy Controller before directing it to be released or forfeited or to refer the matter to a Magistrate for decision.
24. Clause 24 seeks to amend section 36 of Act 500 to include property, document or computerized data in respect of which no costs or damages arising from its seizure shall be recoverable in any proceedings unless the seizure was done without reasonable cause.
25. Clause 25 seeks to introduce a new section 36A into Act 500 to provide that the costs of holding any thing seized and held in the custody of the Government will be a debt due to the Government and shall be recoverable accordingly if that person is found guilty.
26. Clause 26 seeks to amend section 38 of Act 500 to include offences by partnership and society.
27. Clause 27 seeks to amend section 39 of Act 500 to include general penalty for partnership and society and to increase the general penalty for offences committed under Act 500.
28. Clause 28 seeks to amend section 41 of Act 500 to expand the court’s jurisdiction from Magistrate Court to Sessions Court.
29. Clause 29 seeks to amend section 42 to substitute the words "handicapped person" the words "person with disability".
30. Clause 30 seeks to introduce a new section 43A into Act 500 in respect of protection to informers.
31. Clause 31 seeks to introduce a new section 45 into Act 500 to empower the Minister to amend the Schedule by order published in the Gazette.
32. Clause 32 seeks to introduce Schedule into Act 500 to illustrate features of pyramid scheme or arrangement.
FINANCIAL IMPLICATIONS
This Bill will not involve the Government in any extra financial expenditure.