Price Control and Anti-Profiteering (Marking of Service Charge for Hotel and Restaurant) Order 2015
P.U. (A) 79 of 2015; Federal Subsidiary Legislation; Issuing Authority: Minister of Domestic Trade, Co-operatives and Consumerism
23 April 2015 (Date of Publication in Gazette: 23 April 2015; Effective Date: 01 May 2015) | Source: Attorney General’s Chambers E-Federal Gazette

PRICE CONTROL AND ANTI-PROFITEERING ACT 2011

PRICE CONTROL AND ANTI-PROFITEERING (MARKING OF SERVICE CHARGE FOR HOTEL AND RESTAURANT) ORDER 2015

In exercise of the powers conferred by section 10 of the Price Control and Anti-Profiteering Act 2011 [Act 723], the Minister makes the following order:

Citation and commencement

1. (1) This order may be cited as the Price Control and Anti-Profiteering (Marking of Service Charge for Hotel and Restaurant) Order 2015.

(2) This Order comes into operation on 1 May 2015.

Interpretation

2. In this Order-

"service charge", in relation to a hotel or restaurant, means any fee or amount which is charged on a customer for the services provided by the employees of the hotel or restaurant whether in the form of a service charge, service fee, tip or otherwise howsoever described;

"hotel" means any premises, including inns, boarding-houses, rest-houses and lodging houses which offer lodging for hire or any other form of reward, whether or not food or beverages are also offered;

"restaurant" means any premises where food or beverages are prepared and served to a customer.

Marking of service charge

3. (1) Any owner, manager or operator of a hotel or restaurant who imposes a service charge shall mark the service charge as follows:

(a) if the prices of goods or charges for services determined by the owner, manager or operator of the hotel or restaurant are subject to a service charge, by using the expression "ALL PRICES OR CHARGES ARE SUBJECT T0 ______% SERVICE CHARGE"; or

(b) if the prices of goods or charges for services determined by the owner, manager or operator of the hotel or restaurant are inclusive of a service charge, by using the expression "ALL PRICES OR CHARGES ARE INCLUSIVE OF ______% SERVICE CHARGE".

(2) The owner, manager or operator of the hotel or restaurant shall insert the percentage of the service charge imposed in the expression referred to in subsubparagraph (1)(a) or (b), as the case may be.

(3) The mark using the expression referred to in subsubparagraph (1)(a) or (b) shall be displayed at the entrance of the hotel or restaurant, or at any other conspicuous place at the hotel or restaurant.

(4) The expression referred to in subsubparagraph (1)(a) or (b) shall be-

(a) in the national languange or in the national language followed by a translation of the expression in any other language; and

(b) handwritten or printed in capital letters with the height of lettering of not less than five centimetres.

(5) Any owner, manager or operator of a hotel or restaurant who fails to comply with subparagraph (1), (2), (3) or (4) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.

Made 23 April 2015
[KPDN(BUU)PU2/26/5/81; PN(PU2)695/IX]

DATO' SRI HASAN BIN MALEK
Minister of Domestic Trade, Co-operatives and Consumerism

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