This Act was repealed on 2017-06-23 by National Competitiveness Commission Act.
Zimbabwe
National Incomes and Pricing Commission Act
Chapter 14:32
- Commenced on 21 May 2007
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
- [Repealed by National Competitiveness Commission Act (Act 6 of 2017) on 23 June 2017]
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)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;(b)a disc, tape, paper, or other device from which sounds or messages are capable of being reproduced; and(c)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—(a)anything capable of being imported or exported; and(b)any kind of manufactured or unmanufactured commodity; and(c)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)a charge of any description; and(b)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 – National Incomes and Pricing Commission
3. Establishment of National Incomes and 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.4. Composition of Commission
5. Functions of Commission
The functions of the Commission shall be to—6. Powers of Commission
Subject to this Act, for the better exercise of its functions, the Commission shall have power to do or cause to be done, either by itself or through its agents, all or any of the things specified in the Second Schedule, either absolutely or conditionally and either solely or jointly with others.7. Policy directions
8. Execution of contracts and instruments by Commission
An agreement, contract or instrument approved by the Commission may be entered into or executed on the Commission’s behalf by any person generally or specifically authorised by the Commission for that purpose.9. Reports of commission and supply of information to Minister
Part III – Secretariat of Commission
10. Secretariat of Commission
The Secretariat of the Commission shall consist of the Chief Executive Officer and other employees of the Commission appointed in terms of this Act.11. Chief Executive Officer
12. Employees of Commission
Part IV – Financial provisions relating to Commission
13. Funds of Commission
The funds of the Commission shall consist of—14. Investment of moneys not immediately required by Commission
Moneys not immediately required by the Commission may be invested in such manner as the Commission in consultation with the Minister may approve.15. Accounts of Commission
16. Audit of Commission’s accounts
17. Powers of auditors
Part IVA – Control of incomes and service charges
17A. Interpretation in Part IVA
[Part IVA, sections 17A to 17G inserted by Act 2 of 2008]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
Any person who—Part V – General
18. Power to obtain information
19. Inspectors
20. Powers of entry and inspection
20A. Prices of goods
20B. Commission may fix standard for prices of goods
21. Refusal to sell goods
Any person carrying on business in the course of which any price monitored or controlled goods and services are supplied, and who has in his or her possession any quantity of the goods, and who—22. Display of prices of goods on sale
23. Conditional selling
Any trader, manufacturer, producer, commission agent or retailer to whom an offer to buy price monitored or controlled goods has been made and who imposes any condition of sale other than a condition—24. Preservation of secrecy
25. Exemption of Commission from liability
No liability shall attach to the Commission or to a commissioner or any committee or employee of the Commission for any loss or damage sustained by any person as a result of the bona fide exercise or performance of any function which by or in terms of this Act is conferred or imposed upon the Commission or a committee or employee of the Commission:Provided that this section shall not be construed so as to prevent any person from recovering compensation for any loss or damage sustained by him or her which was caused by gross negligence or fraud.26. General offences and penalties
27. Regulatory powers of the Commission
28. Amendment of Cap. 14:05 and Statutory Instrument 334 of 2001
History of this document
23 June 2017
Repealed by
National Competitiveness Commission Act
31 December 2016 this version
Consolidation
21 May 2007
Commenced