Section 6. In the performance of duties under section 5 (3), which is not urgent, the competent official shall, by a written notice, give the owner or occupier of the premises or vehicle a reasonable time in advance and acts must be done in the presence of the owner or occupier of premises or vehicle or, if he not present, the presence of at least two other persons whom the competent official has asked to act as witnesses. The search under section 5 (2) shall be carried out by the competent official only during sunrise and sunset

Section 7 In the performance of duties under this Act, the competent official must produce his identity card at the request of person concerned. The identity card of competent official shall be in the form prescribed in the Ministerial Regulation.

Section 8 The Prime Minister shall have charge and control of the execution of this Act and shall have the power to appoint competent officials and issue Ministerial Regulation for the execution of this Act.

Such Ministerial Regulation shall come into force upon their publication in the Government Gazette

Chapter 1
Consumer Protection Board

Section 9. There shall Board called the "Consumer Protection Board" consisting of the Prime Minister as Chairman, Secretary-General to the Prime Minister, Permanent Secretary of the Office of the Prime Minister, Permanent Secretary of the ministry of Agriculture and Cooperative, Permanent Secretary of the Ministry of Commerce permanent Secretary of the Ministry of Interior, Permanent Secretary of the Ministry of Industry, Permanent Secretary of the Ministry of Transport and Communication s, Secretary-

General of the Food and Drug Board and not more than eight qualified members appointed by the council of Ministers as members and the Secretary-General of the consumer Protection Board shall be a member and secretary.

Section 10. The Board shall have the following powers and duties;
(1) to consider the complaints from the consumers who suffer hardship or injury resulting from the acts of the business man;
(2) to proceed with the goods which may be harmful to the consumer under section 36;
(3)to issue or publicize information concerning goods or services which may case damage to or be prejudicial to the right of the consumers and for this purpose, the names of such goods or service or the name of the business man may be specifically
(4) to give recommendation and advice to the ad hoc committees, and consider and determine appeals against order of the ad hoc committees;
(5) to lay down rules concerning the performance of duties the ad hoc committees and sub-committees
(6) to scrutinize and expedite the execution of powers and duties of the competent officials, government offices or other state agencies in accordance with the laws as well as to expedite the legal proceeding by the competent officials for the offences regarding the infringement of the consumer’s right;
(7) to institute legal proceedings regarding the infringement of the consumer’s right as Board thinks fit or when there is a request under section 39;
(8) to recognize an association under section 40;
(9) to submit opinion to the Council of Ministers concerning the policy and measure for the protection of the consumer, and consider and give opinion in any matter regarding the consumer protection as entrusted by the Council of Ministers of Minister
(10) to do any other act as prescribed by laws to be the function of the Board. In the performance of duties under this section, the Board may entrust the Office of the Consumer Protection Board to carry out or prepare proposals to be submitted to the Board for consideration.

Section 11. A member appointed by the Council of ministers shall hold office for a term of three year An outgoing member may be re-appointed

Section 12. Apart from vacating office at expiration of the term under section 11, a member appointed by the Council of Ministers vacates office upon;
(1) death;
(2) resignation;
(3) being removed by the Council of Minister;
(4) being a bankrupt;
(5) being an incompetent or quasi-incompetent person;
(6) being imprisoned by final judgment to a term of imprisonment, except for offence committed through negligence or petty offence.

In the case where a member vacates office before the expiration of his term, the Council of Ministers may appoint another person to replace him, and the appointee shall hold office the remaining term of the member he replaces.

Section 13. At a meeting of the Board, if the Chairman dose not attend or is not present at the meeting, the members present shall select one among themselves to preside over the meeting.

At every meeting of the Board, the presence of not less than one-half of the total number of members is required to constitute a quorum. The decision of the meeting shall be by majority of votes.

Each member shall have one vote. In case of an equality of, the person presiding over the meeting shall have an additional vote as the casting vote.

Section 14. There shall be ad hoc committees as follows:
The Committee on Advertisement;
The Committee on labels.
The Committee on Contract

An ad hoc committee shall consist of not less than seven but not more than thirteen members qualified in the relevant fields appointed by the Board.

Next Page
[1]  [2]  [3]  [4]  [5]  [6]  [7]