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Incomes and Pricing Commission Bill (H.B. 13, 2006)
in Government Gazette: October 27, 2006
Amended: February 21,
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shows the Bill as amended by the House of Assembly during the Committee
Stage on 21st February 2007. The amendments were to clauses 4 and
11 only. Deleted text is shown in strikethrough font, inserted text
in bold and underlined font.
the original National Incomes and Pricing Commission Bill, gazetted
27 October, 2006
Incomes and Pricing Commission Bill
This Bill will
establish a National Incomes and Pricing Commission whose mandate
is to develop pricing models for goods and services produced in
this country with a view to balancing the viability of producers
and the incomes and welfare needs of the people of Zimbabwe.
In more detail
the individual clauses of the Bill are as follows:-
Clause 1 sets out the Bill's short title and provides for
its date of commencement.
Clause 2 defines the terms used throughout the Bill.
Clause 3 establishes the National Incomes and Pricing Commission.
In terms of Clause 4 the Commission will be made up of
at least five and not more than eight commissioners and these will
be appointed by the President. The commissioners must be people
who have knowledge and experience in industry, law, finance, labour,
commerce and administration. The provisions relating to terms and
conditions of office, vacation of office, filling of vacancies,
meetings and procedures of the Commission are as set out in the
5 sets out the functions of the Commission, which include carrying
out research for the work related to pricing and production in all
sectors of the economy in order to come up with pricing policy models,
to monitor price trends of goods and services, to consider and approve
requests for price adjustments of monitored goods, to carry out
inspections and any other functions authorised under the Bill.
6 provides for powers of the Commission and the Second Schedule
lists the powers.
7 authorises the Minister to give policy directions to the
8 contracts approved by the Commission may be entered into
or executed on behalf of the Commission by persons authorised by
is obliged in Clause 9 to prepared and submit reports of
its activities to the Minister.
This Part provides for the Secretariat of the Commission which shall
consist of the Chief Executive Officer and any other employees appointed
in terms of this Bill. The Chief Executive Officer will be appointed
by the Commission with the approval of the Minister under Clause
11. The terms and conditions of the Chief Executive Officer
are also spelt out in the clause. The Commission will also employ
people who are necessary to conduct the business of the Commission.
Matters to deal with the suspension, discipline, or discharge of
the employees will be dealt with by the Commission.
The Commission will be funded by the State from moneys appropriated
by an Act of Parliament under Clause 13. The Commission
is authorised in Clause 14 to invest any moneys it does
not immediately require subject to the Minister's approval. In Clause
15 the Commission is required to keep proper books of accounts
and other records of its activities. Under Clause 16, the
Commission will appoint registered auditors to audit the accounts
of the Commission. Clause 17 provides powers of auditors
and the Commission and all staff are enjoined to produce all information
and records as may be required by the auditors for the purpose of
This Part deals with general provisions.
Clause 18 obliges any person to whom a notice has been
served to provide information which the Commission may require and
relating to an issue the Commission may be considering in pursuance
of its functions authorised in terms of this Act.
19 the Commission may designate any of its employees to be
inspectors for the purpose of this Act and issue them with certificates
which shall be produced upon demand by any interested person before
carrying out any functions under this Act.
gives inspectors powers of entry and inspection upon any premises
where there is reasonable suspicion that there are any violations
prohibited in terms of this Bill being done. Persons found guilty
will be liable to pay a fine not exceeding level twelve or imprisonment
not exceeding three years or both such fine and such imprisonment.
21 makes it an offence for any person carrying on the business
of selling goods to refuse to sell the goods upon tender of immediate
payment of the maximum price or falsely denies that he or she has
the goods or fails to expose them for sale. Every wholesaler or
retailer is obliged under Clause 22 to display the price
of goods offered for sale. A fine not exceeding level ten or imprisonment
not exceeding two years will be imposed on those found guilty.
Conditional selling not ordinarily authorised is prohibited under
Clause 23 and attracts a fine not exceeding level fourteen
or imprisonment not exceeding five years for those found guilty.
24 requires all employees working under the Commission to keep
secret all information and documents coming to their knowledge in
the course of their functions.
25, no liability will attach to the Commission or any employee
of it for any loss or damage incurred by any person as a result
of the actions done in good faith by the Commission or its employees
in carrying out its functions under this Bill except in circumstances
creates offences for certain contraventions under the Bill. Persons
found guilty of the offences will be liable to pay a fine not exceeding
level fourteen or imprisonment not exceeding five years.
gives the Commission power to make by-laws with the approval of
the Minister necessary in order to give effect to or carry out the
provisions of this Bill.
28 makes a few amendments to the Control of Goods Act and to
the general regulations made under that Act to harmonise the provisions
of the Bill with those of the existing Control of Goods Act and
Incomes and Pricing Commission Bill
1. Short title
and date of commencement.
NATIONAL INCOMES 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.
SECRETARIAT OF COMMISSION
10. Secretariat of Commission.
11. Chief Executive Officer.
12. Employees of Commission.
FINANCIAL PROVISIONS RELATING TO COMMISSION
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.
18. Power to obtain information.
20. Powers of entry and inspection.
21. Refusal to sell goods.
22. Display of prices of goods on sale.
23. Conditional selling.
24. Preservation of secrecy.
25. Exemption from liability for Commission.
26. General offences and penalties.
27. Regulatory powers of the Commission.
28. Amendment of Cap. 14:05 and S.I. 334 of 2001.
FIRST SCHEDULE: Provisions
applicable to the Commission.
SECOND SCHEDULE: Powers of Commission.
BY THE MINISTER OF INDUSTRY AND INTERNATIONAL TRADE
establish a National Incomes and Pricing Commission and to confer
powers on 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.
by the President and the Parliament of Zimbabwe.
title and date of commencement
(1) This Act may be cited as the National Incomes and Pricing Commission
Act [Chapter 14:32].
(2) This Act shall come into operation on a date to be fixed by
the President by statutory instrument.
Clause 25 actually excepts "loss or damage … caused by
gross negligence or fraud". Veritas
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