Consumer Affairs Authority Act

CONSUMER AFFAIRS AUTHORITY ACT

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT OF THE CONSUMER AFFAIRS AUTHORITY

2. Establishment of the Consumer Affairs Authority.

3. Constitution of the Authority.

4. Chairman and full time members.

5. Director-General to act as the Secretary to Authority.

6. Delegation of powers to public.

7. Objects of the Authority.

8. Functions Authority.

PART II

REGULATION OF TRADE

9. Authority may undertake studies on the distribution of goods and services.

10. Authority to issue directions to manufacturers or traders in respect of price marking, labelling and packeting of goods.

11. Selling or offering to sell above the marked price.

12. Determining standards and specifications relating to goods and supply of services.

13. Authority to inquire into complaints.

14. Agreement to provide for maximum price of goods.

15. Refusal to sell goods to be an offence.

16. Denial of possession of any goods for purposes of trade or the sale of such goods subject to any condition to be an offence.

17. Hoarding of goods by any trader or person to be an offence.

18. Increase of retail or wholesale price of certain goods and certain services.

19. Director-General to refer matters to the Council.

20. Investigation into a reference made under section 19.

21. Undertaking to be given on a reference made.

22. Members of the public, associations or organisations to refer certain matters to the Director-General.

23. Advisory reference.

24. Authority to review questions relating to prices of goods.

25. Publication of a report made under this Act.

26. Trader to display price list.

27. Registration of traders.

28. Trader to issue receipts to purchasers.

29. Trader to furnish notice board.

30. Misleading or deceptive conduct.

31. False representation.

32. Warranties in relation to the supply of goods or services.

33. Public efficiency reports.

PART III

PROMOTION OF COMPETITION AND CONSUMER INTEREST

34. Authority to carry out investigation into anti-competitive practices.

35. Anti-competitive practice.

36. Provisions relating to an investigation under section 34.

37. Authority to make an application to the Council.

38. Council to entertain applications made by any person or association of traders.

PART IV

CONSUMER AFFAIRS COUNCIL

39. Establishment and constitution of a Consumer Affairs Council.

40. Function of the Council.

41. Order to be made by the Council.

42. Publication of an order made under section 41.

43. Power to issue notices to witnesses.

44. Evidence.

45. Failure to obey a notice issued or to give evidence.

46. Punishment for offence of contempt.

47. Privileges of witnesses.

48. Procedure to be laid down by the Council.

PART V

FUND OF THE AUTHORITY

49. Fund of the Authority.

50. Financial year and the audit of accounts.

51. Application of Part II of the Finance Act, No. 38 of 1971.

PART VI

STAFF OF THE AUTHORITY

52. Director-General of the Authority.

53. Appointment of officers, servants and advisers to the Authority.

54. Appointment of public officers to the staff of the Authority.

PART VII

GENERAL

55. Power of authority to send warning.

56. Power to require maintenance of records and the furnishing of returns.

57. Power of Authority to call for information.

58. Power of entry, inspection and search.

59. Sale of perishable goods.

60. Offences and Penalties.

61. Obtaining samples for purposes of ensuring compliance with standards and specifications.

62. General forfeiture.

63. Priority to be given for cases under section 61.

64. Protection for action taken under this Act.

65. Expenses to be paid out of the Fund.

66. Members of the Authority and the Council and officers and servants of the Authority deemed to be public servants.

67. The Authority and the Council deemed to be Scheduled Institutions within the meaning of the Bribery Act.

68. Principal liable for offences or agents and servants.

69. Rewards to certain persons.

70. Offences to be cognisable offence.

71. Certain officers to be peace officers.

72. Regulations.

73. Repeal of Consumer Protection Act, No. 1 of 1979, Fair Trading Commission Act, No. 1 of 1987, Control of Prices Act, and savings.

74. Reference for “Price Control Inspector” to be a reference to relevant officer in the Authority.

75. Interpretation.

76. Sinhala text to prevail in the event of any inconsistency.

77. Exemption of existing agreements.

SCHEDULE

9 of 2003,

20 of 2021.

AN ACT to provide for the establishment of the Consumer Affairs Authority for the promotion of effective competition and the protection of consumers; for the regulation of internal trade for the establishment of a Consumer Affairs Council for the repeal of the consumer protection Act, No. 1 of 1979, the Fair Trading Commission Act, No. 1 of 1987 and the control of prices act and for all matters connected therewith or incidental thereto.

[Date of Commencement: 17th March, 2003]

1. Short title.

This Act may be cited as the Consumer Affairs Authority Act.

PART I

Establishment of the Consumer Affairs Authority.

2. Establishment of the Consumer Affairs Authority.

(1) An authority called the Consumer Affairs Authority (hereinafter referred to as the “Authority”) is hereby established which shall consist of the persons who are for the time being members of the Authority under section 3.

(2) The Authority shall, by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

3. Constitution of the Authority.

(1) The Authority shall consist of a Chairman and not less than ten other members who shall be appointed by the Minister from among persons who possess recognised qualifications, have had wide experience and have distinguished themselves in the field of industry, law, economics, commerce, administration, accountancy, science or health.

(2) The Chairman and three of the members, selected by the Minister from among the members appointed under subsection (1), shall be full time members (hereinafter referred to as “full time members of the Authority”).

(3) The members of the Authority other than the Chairman and the three full time members of the Authority shall be paid such remuneration as may be determined by the Minister in consultation with the Minister in charge of the subject of Finance.

(4) The provisions of the Schedule to this Act, shall have effect in relation to the term of office of the members of the Authority, the meetings and seal of the Authority.

4. Chairman and full time members.

The Chairman and the full time members of the Authority shall each hold office for a period of three years from the date of their respective appointments, and shall be paid for their services such remuneration as may be determined by the Minister in consultation with the Minister in charge of the subject of Finance.

5. Director-General to act as the Secretary to Authority.

The Director-General of the Authority appointed under section 52 shall act as the Secretary to the Authority.

6. Delegation of powers to public.

The Authority may for the purpose of discharging its functions under this Act, delegate to any public officer by name or office such functions vested in, or imposed upon, or assigned to the Authority by or under this Act, on such terms and conditions as may be agreed upon between such officer and the Authority.

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