Part 3
Other Types of Consumer Protection

Section 36. When there is a reasonable cause to suspect that any goods may be harmful to the consumers, the Board may order the businessman to have such goods tested or verified. If the businessman does not proceed to test or verify the goods or delays in so doing without justification, the Board may arrange for the verification at the expenses of the businessman.

If the result of the test or verification appears to be that the goods may be harmful to consumers and the harm which may be caused by the goods cannot be prevented by means of the requirement of the label under section 30 or under any other law, the Board shall have the power to prohibit the sale of such goods and, if it thinks fit, may order the businessman to modify the goods in accordance with the conditions prescribed by the Board. In the case where the goods cannot be modified or it is doubtful as to whether the businessman would keep the goods for sale, the Board shall have the power to order the businessman to destroy the goods or arrange for the destruction thereof at the expenses of the businessman.

In case of necessity and urgency, if the Board has reason to believe that any goods may be harmful to the consumers, the Board shall have the power to prohibit the sale of such goods for the time being until the test or verification under paragraph one of paragraph two has been carried out. The prohibition of sale of goods under paragraph two and paragraph three shall de published in the Government Gazette.

Section 37. (Repealed)

Section 38. (Repealed)

Section 39. In the case where the Board thinks fit to institute legal proceedings in the infringement of the consumer’s rights or upon receipt of complaints from the consumers whose rights were infringed and the Board is of the option that the institution of such legal proceedings will be beneficial to the consumers as a whole, the Board has the power to appoint a public prosecutor with the approal of the Director-General of the Department of Public Prosecutions, or an office of the Consumer Protection Board whose qualification is not below the Bachelor of Laws degree the consumer protection official having the duty to institute civil and criminal proceedings in the court against the persons infringing the consumer’s rights, and when the Board has notified the Ministry of Justice in order to inform the court of the matters, the consumer protection official shall then have the power to institute legal proceeding as entrusted by the Board.

In the legal proceedings in the court, the consumer protection official shall also have the power to claim property or damages for the complainant and, for this purpose, all the costs will be exempted.

Section 40. Any association which has as its object the protection of consumers or opposition against unfair trade competition and whose regulations with respect to the board, members and methods of operation of the association are in accordance with the conditions prescribed in the Ministerial Regulation, may file the application to the Board for its recognition so that the association has the right and power to institute legal proceedings under section 41.

The filing of the application under paragraph one shall be in accordance with the rules and procedure prescribed in the Ministerial Regulation. The recognition of the association under paragraph one shall be published in the Government Gazette.

Section 41. In the legal proceedings for infringement of the consumer’s rights, the association which has been recognized by the Board under section 40 has the right to institute civil and criminal proceedings or bring any legal proceedings for the protection of the consumers and shall have the power to sue for the recovery of damages on behalf of its member if it has obtained the power of attorney to claim damages from its member.

In the legal proceeding under paragraph one, the association shall not withdraw the action without the approval of the court unless the court is of the opinion that such withdrawal will not adversely affect the protection of consumers as a whole in the civil withdrawal of the case or passing of judgment in the case where the parties agree or compromise may be made only with the written consent of the empowering member presented to the court.

Section 42. Apart from complying with the provision of the Civil and Commercial Code and of the other laws, the association recognized by the Board under section 40 shall comply with the rules prescribed by the Board.

When it appears that any association recognized by the Board under section 40 fails to comply with the rules prescribed by the Board or when the circumstances arise to make it appear that such association mala fide proceeds to institute legal proceedings in the court, the Board shall have the power to revoke the recognition of that association.

The revocation of recognition of any association under this section shall be published in the Government Gazette.
In the case where the association the recognition of which is revoked under this Act has instituted any legal proceeding in the court and the case is still in sub judice, the Court shall order the disposition of such case.

Chapter III
Appeal

Section 43. In the case where a person is not satisfied with the order issued by an ad hoc committee under section 27 or section 28 paragraph two, he shall have the right to appeal to the Board.

Section 44. The appeal under section 43 shall be filed with the Board within ten days from the date the appellant is aware of the order of the ad hoc committee, unless the ad hoc committee has issued a temporary order to the contrary before the appeal s decided.

The decision of the Board shall be final.

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