Balochistan Act IX of 2003 · 20 pages
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THE BALOCHISTAN CONSUMER PROECTION
ACT, 2003
(Baln Act IX of 2003)
CONTENTS
Sections
Preamble.
1. Short title, extent and commencement.
2. Definitions.
3. Act not to supersede other laws.
4. Obligation of manufacturers.
5. Prices to be exhibited at business place.
6. Receipts to be issued to the purchaser.
7. Prohibition of false advertisement, etc.
8. The council.
9. Meeting of the Council.
9-A. Consumer Protection Fund.
10. Objects and functions of the Council.
11. Delegation of powers.
12. Establishment of Consumer Courts.
13. Jurisdiction of the Court.
14. Manner in which complaint shall be made.
15. Procedure on receipt of complaints.
16. Finding of the Court.
17. Penalties.
18. Appeals.
19. Finality of Orders.
20. Dismissal of frivolous or vexatious complaints.
21. Principal, liable for offence of agent and servants.
22. Aid to the Court.
22-A. Bar on inspection or search of premises.
23. Immunity.
24. Power to make rules.
25. Power to remove difficulties.
1
THE BALOCHISTAN CONSUMER PROECTION
ACT, 2003
(Baln Act IX of 2003)
[30th October, 2003]
An Act to provide for promotion and protection of the
interest of consumers.
Preamble. Where it is expedient to provide for healthy growth of
fair commercial practices, promotion and protection of
legitimate interests of consumers speedy redressal of consumers
complaints and for matters arising out or connected therewith;
It is hereby enacted as follows: −
PART- I PRELIMINARY
Short title, extent, 1. (1) This Act may be called the Balochistan
commencement and Consumers Protection Act, 2003.
application. (2) It shall extend to the whole of the Province of
Balochistan.
(3) It shall come into force at once.
(4) Save as otherwise expressly exempted by
Government through a notification, this act shall apply to all
goods and services.
Definitions. 2. In this Act, unless there is anything repugnant in the
subject or context.-
(a) “Authority” means the District Coordination
Officer of the District concerned;
(b) “Complainant” means:
(i) a consumer;
(ii) a voluntary consumers association subject
to such restriction as may be prescribed;
and
(iii) Government, concerned Council, District
Government or a local body or any person
or agency authorized by the aforesaid on
their behalf to lodge a complaint before
1
This Act was passed by the Balochistan Assembly on 11 th October, 2003: assented to by the Governor of Balochistan on th
October, 2003: published in
the Balochistan Gazette (Extraordinary) No. 79 dated 30th October, 2003.
the Court
(c) “Consumer” means any person who:-
(i) buys goods for a consideration which has
been paid or promised or partly paid and
partly promised to be paid or under any
system of deferred payment including
hire, purchase and leasing and includes
any user of such goods but does not
include a person who obtains such goods
for re-sale or for any commercial purpose;
or
(ii) hires any goods or services for a
consideration which has been paid or
promised or partly paid and partly
promised to be paid or under any system
of deferred payment including hire
purchase and leasing and includes any
beneficiary of such services.
(d) “Council” means Consumers Protection Council
established under section 8 of this Act;
(e) “Court” means the Consumer Courts constituted
under this Act;
(f) “Defect” means any fault, imperfection or
shortcoming in the quality, quantity, potency
purity or standard which in relation to the goods
is required to be maintained by or under any law
for the time being in force or is claimed by the
manufacturer or the trader in any manner what so
ever;
(g) “Deficiency” means a deficiency or shortcoming in
the standard of performance quality and nature of
a service which has been undertaken by a person
providing the service to a consumer in pursuance
of a contract or otherwise or is required to be
maintained by or under any law while providing a
particular service;
(h) “Goods” means goods as defined in the Sale of
Goods Act, 1930 (III of 1930);
(i) “Government” means the Government of
Balochistan;
(j) “Laboratory” means a laboratory or organization
recognized by Government including the Federal
Government and includes any such laboratory or
organization established by or under any law for
the time being in force, which is maintained,
financed or aided by Government including the
Federal Government for carrying out analysis or
test of any goods with a view to determining
whether such goods suffer from any defect;
(k) “Manufacturer” includes a person who-
(i) makes or manufacturers any goods or
parts thereof; or
(ii) does not make or manufacture any goods
but assembles parts thereof made or
manufactured by other and claims the end
product to be goods manufactured by
himself or
(iii) puts or causes to be put his own mark on
any goods made or manufactured by any
other manufacturer and claims such goods
to be goods made or manufactured by
himself;
Explanation.- A branch office of a
manufacturer shall not be deemed to be a
different manufacturer even though an
assembly operation, distributions and sale
goods are carried out such branch office;
(l) “Notification” means a notification issued by the
Government and published in the official Gazette;
(m) “Prescribed” means prescribed by rules under this
Act;
(n) “Services” include services of any description
which are made available to potential users and
includes the provision of facilities in connection
with baking, financing, insurance, transport,
manufacturing, processing, accountancy, supply
of electrical, mechanical or any other form of
energy, boarding or lodging, entertainment,
medicine, education, construction work,
amusement, catering, security or surveying news
or other information, and similar other services,
but does not include the rendering of any service
free of charge or under the contract of personal
services; and
(o) “Unfair trade practice” means a trade practice
which a person for the purpose of sale, use or
supply of any goods or provision of any service or
for their promotion, adopts one or more of the
following practices, causes loss or injury through
hoarding, black-marketing , adulteration, selling
of expired drugs, food items and commodities
unfit for human or animals consumption, or
charging for the goods and services in excess of
the prices fixed by an authority authorized to do
so under any law for the time being in force or in
furtherance of such sale use or supply makes any
statement, whether orally or in writing or by
chalking on walls or through sing boards or neon
sign or by distributing pamphlets or by
publication in any manner, including electronic
media, by;
(i) falsely representing that the goods or, as
the case may be, services are of a
particular standard, quality, quantity,
grade composition, model, style or mode;
(ii) falsely representing any rebuilt, second
hand, renovated, reconditioned or old
goods as new goods;
(iii) falsely representing that the goods or, as
the case may be, services have
sponsorship or approval of the competent
agency or authority or possesses specified
characteristics, performance, accessories,
use or benefits which such goods or
services do not have;
(iv) falsely representing that the goods or
services offered fulfil the prescribed
standard fixed by local or international
authorities;
(v) giving misleading representation of the
need for, or the usefulness of any goods or
services;
(vi) falsely giving to the public any warranty
or guarantee of the performance,
specification, required ingredients,
efficacy or length of life of a product or
any goods that is not based on an adequate
or proper tests thereof;
(vii) falsely offering for sale or on lease any
premises, house, apartment, shop or
building with specified facilities or with
the promise to deliver possession thereof
within a specified period or without any
escalation in price or by falsely
representing that such premises, house,
apartment, shop or building is being sold,
built or constructed in accordance with the
approval plans, specification and approval
of the concerned authorities;
(viii) misleading the public concerning the price
at which a product or products goods or
services have been or are ordinarily sold
or provided;
(ix) giving false or misleading facts regarding
facilities, available in the private
educational institutions or falsely
representing that such institutions have
proper approval of the concerned
authorities or affiliated with any private or
foreign organizations;
(x) falsely representing for provision of
services by professionals and experts
including medical practitioners, engineers
architects, advocates, mechanics, teachers,
Hakeems and spiritual healers;
(xi) giving false or misleading facts
disparaging the goods, services or trade of
another person, firm, company or business
concern;
(xii) advertising for the sale or supply, at a
bargain price, of goods or services which
are not intended to be offered for sale or
supply at such price;
(xiii) offering of gifts, prizes or other items with
the intention of not providing them as
offered or creating the impression that
something is being given or creating the
impression that something is being given
offered free of charge when it is fully or
partly covered by the amount charged in
the transaction; and
(xiv) falsely give, description of commodities
and service offered through mail order.
Act not to 3. The provision of this Act shall be in addition to and not
supersede other in derogation or supersession of the provisions of any other law
laws. for the time being in force.
Obligation of 4. (1) Every manufacturer shall publish or mark on
manufacturers. every packet or container the maximum retail price, the nature,
standard or type and other specifications of the good, therein, the
weight, size or volume and date of manufacture and expiry
where appropriate, as the case may be having regard to the
commercial practice in relation to those goods, the name and
address of the manufacturer or in the case of a packer or
importer, the trade thereof;
Provided that if any goods are not sold in packed form or
in container, it shall be sufficient for the purpose of this sub-
section if the required information is exhibited conspicuously in
the shop where the sale is being made;
Provided further that if price or catalogue or vendor
instructions for the consumer is issued in relation to any goods,
it shall be sufficient compliance for the purpose of this sub-
section if the required information is published or marked on
such catalogue or vendor instructions.
(2) Any trader who sells any goods not marked with
information required under sub-section (1) shall incur the
liabilities of the disregard of sub-section(1), unless he proves
that the manufacturer of the goods or some other person
identified by him is responsible for the offence and the onus of
proof shall lie on such trader.
Prices to be 5. In the absence of a price catalogue for the consumer,
exhibited at every trader shall exhibit conspicuously in his shop or display
business place. Center a notice specifying the retail or wholesale price, as the
case may be, of all goods available for sale in that shop or
display center.
Receipts to be 6. Every trader who sells any goods shall on demand by a
issued to the purchaser, whether he is a consumer or otherwise, issue to the
purchaser. purchaser a receipt setting out:-
(a) the date of sale;
(b) the specifications and other identifying particulars
of the goods sold;
(c) the quantity and price of the goods;
(d) the nature of sale, that is to say, whether
wholesale or retail, and
(e) the name and address of the seller:
Provided that if a trader uses an electronic
machine for preparation of receipt in respect of the sales made
such receipt shall be taken as sufficient compliance with the
requirements of this section.
Prohibition of false 7. (1) Notwithstanding anything contained in any other law
advertisement, etc. for the time being in force, no company, firm or person shall
advertise in any manner not authorized by law for the sale or
hiring of goods or services or any property, movable or
immovable, or solicit deposits for repayment at higher rates of
profit or interest and thereby causes loss to any consumer,
whether financial or otherwise.
(2) Notwithstanding any punishment provided for
making misrepresentation, false or misleading advertisement in
any other law for the time being in force, the company, firm or a
person or undertaking making such advertisement shall be liable
to pay such compensation as the Court may direct for causing
loss to the person affected by such advertisement.
PART- II
THE CONSUMER PROTECTION COUNCIL
The council. 8. (1) As soon as may be, after the commencement of this
Act, Government may, by notification in the Official Gazette,
establish a Consumer Protection Council on the Provincial level
and District level, as it may deem necessary, to devise policies
for protecting the consumers from unfair trade practices.
(2) The Council shall consist of a Chairman and such
other members as Government may, by notification in the
official Gazette, specify.
2
[(2-A) The Council be a body cooperate with perpetual
succession and a common seal and may sue and be sued in its
own name.]
(3) The existence of vacancy in, or defect in the
constitution of the council shall not invalidate any act or
proceedings of the Council.
(4) The Council shall observe procedure for
conducting its business as may be prescribed.
3 4
[Staff and [8-A. The Council with the prior approval of the Government
Inspectors etc to may from time to time employ officers/officials Inspectors and
carry out the other employee on such terms and conditions as may be
purposes of this prescribed in the rules.]
Act.]
Meeting of the 9. (1) The Council shall meet as and when necessary
Council. and at such time and place as the Chairman may determine;
Provided that not more than a period of two
months shall intervene between the two meetings of the Council.
(2) In the absence of the Chairman, the Members
present in the meeting shall elect one of the members to act as
Chairman.
(3) The quorum of the meeting of the Council shall
be two third of the total members.
5
[Consumer 9-A. The Council shall establish, administer and control a
Protection Fund. Fund to be known as Consumer Protection Fund.
(a) The Fund shall consist of—
(i) such a fund as the provincial government
may grant;
(ii) the proceeds from any endowment
existing locally or aboard;
(iii) grants of money raised by the Council
from local or foreign sources including
from international, multinational agencies
and donors, for purposes of meeting any
of its obligations or discharging any of its
duties;
2
Ins. by Act V of 2007: passed by the Balochistan Assembly on 6 th August, 2007: assented to by the Governor of Balochistan on 18 th August, 2007 published
in the Balochistan Gazette (Extraordinary) No. 97 dated 20th August, 2007.
3
Ins. ibid.
4
Ins. ibid.
5
Ins. by Act V of 2007: passed by the Balochistan Assembly on 6th August, 2007: assented to by the Governor of Balochistan on 18th August, 2007 published
in the Balochistan Gazette (Extraordinary) No. 97 dated 20th August, 2007.
(iv) income from investments and all other
sums or property which may in any
manner become payable to or vested in the
Council in respect of any matter incidental
to the exercise of its functions and powers;
(v) Any punitive damage ordered by the Court
that the Court may order to be paid into
the Fund.
(2) Administration of the Fund. The Council may:
(i) allocate and re-appropriate Fund resources
for performance of its functions;
(ii) draw or authorize to draw Fund from the
bank accounts;
(iii) verify the annual and half yearly accounts
of the Fund.
(iv) approve investment policy and schemes
for investment of the Fund;
Provided that no scheme of investment for
in any entity of a company shall be approved
which is rated below A 1+ for short-term and
AAA for long term investment by an accredited
credit rating company within the preceding two
years;
(v) The Fund shall be operated through an
account to be opened in a bank as
authorized by the Council.
(vi) The Fund account shall be operated jointly
by the Secretary of the Council and one
other member nominated for this purpose
by the chairperson of the Council.
(vii) All planned expenditures, including funds
to be spent on any staffing needs
administration expenses, shall have to be
approved by the Council, or a special
committee approved by the council for
this purpose, in advance:
Provided that the Chairperson, in
consultation with the Secretary of the
Council, may sanction fund upto ten
thousand rupees, in advance.
(viii) The Council shall cause the accounts of
the Fund and the Council to be audited by
a Chartered Accountant every year. In
addition, the accounts of the Council and
use of the Fund money shall be subject to
routine audit by government auditors.
(ix) Balochistan Financial Rules shall be
observed in expenditure of all moneys of
the Fund.
(x) The accounts of the Council and the use of
the Fund money shall be reviewed by the
Council at least twice in a year.
(xi) In addition to the purpose outlined in the
Act, the Fund may be spent for hiring of
legal service or rendering of professional
opinion on behalf of a complainant, if in
the opinion of the Council public interest
may be advanced by such financial and
professional assistance.]
Objects and 10. (1) The object and functions of the Council shall be
functions of the to determine, promote and protect the rights of consumers,
Council. including:-
(a) the right to protection against marketing of
goods which are hazardous to life and
property;
(b) the right of information about the quality,
quantity, potency, purity, standard and
price of goods and services;
(c) the right to access to a variety of goods at
competitive prices;
(d) the right of redressal against unfair trade
practices of unscrupulous exploitation of
consumers;
(e) the right of consumer’s education;
(f) the right of easy availability of essential
services and commodities; and
(g) not to charge an excess price than printed
price of the good.
(2) The Council shall be responsible for formulation
of policies for the promotion and protection of the rights of
consumers, fair and honest trade practices by the manufacturers,
producers and suppliers of goods and services in relation to
interest of consumers and their effect implementation.
(3) For promotion and protection of the interests of
consumers, the Council shall coordinate between the
Government, manufacturers, producers, suppliers and
consumers.
(4) All persons, bodies or organizations, both official
and non-official shall comply with the directions of the council
and extend help in advancement of objects and functions.
(5) The Council may implement its policy and
direction under this Act through the Authority, for this purpose.
The Administration at District as well as Tehsil and Union
Council level, Police Department and other agencies of
Government shall act in aid of the Authority.
6
[(6) The Council may designate Specific registered
laboratories to carryout any one or more categories of tests based
on specialized capacity of laboratory and its proposed cost for
carrying out this analysis. Such laboratory shall be known as the
designated laboratory for the category of tests.]
Delegation of 11. (1) Government may by notification in the official
powers. Gazette direct hat all or any of the powers and functions
conferred on the Council shall, subject to such limitations or
conditions as it may from time to time impose, be exercised and
performed by such member or members of the council or the
Authority or by such officer or officer of Government as may be
specified.
(2) Government may appoint such officers and staff
as it may deem necessary to assist the Council in the
performance of its duties and functions, and may regulate their
duties.
Establishment of 12. Government shall by notification establish as many
Consumer Courts. Courts as necessary to exercise jurisdiction under this Act as
such place as it may deem necessary and appoint a Judge for
each of such Court or confer upon a Court of Judicial Magistrate
to exercise the power of the Court under this Act, in consultation
with the High Court of Balochistan.
PART-III
DISPOSAL OF COMPLAINTS
Jurisdiction of the 13. (1) Subject to the other provisions of this Act, the
Court. court shall have jurisdiction to entertain complaints within the
local limits for whose jurisdiction:
(a) the opposite party or each of the opposite
parties, where there are more than one, at
the time of the institution of the complaint,
actually and voluntarily reside or carries
on business or personally work for gain;
6
Ins. by Act V of 2007: passed by the Balochistan Assembly on 6th August, 2007: assented to by the Governor of Balochistan on 18th August, 2007 published
in the Balochistan Gazette (Extraordinary) No. 97 dated 20th August, 2007.
or
(b) any of the opposite parties, where thee are
more than one, at the time of the
institution of the complaint, actually and
voluntarily resides or carries on business,
or personally works for gain provided that
in such case either the permission of the
Court is given, or the opposite parties who
do not reside, or carry on business or
personally work for gain, as the case may
be acquiesce in such institution; and
(c) The cause of action wholly or in part
arises.
Manner in which 14. (1) A complaint in relation to any goods sold or
complaint shall be delivered or any service provided, may be filed with the Court
made. by:-
(a) the consumer to whom such goods are
sold or delivered or such article is
provided: (b) the concerned Council:
(c) any recognized consumers association,
notwithstanding that consumer to whom
the goods sold or delivered or services
provided is a member of such association
or not;
(d) an officer of Government authorized in
this behalf; and
(e) the authority.
Explanation. For the purpose of this section” recognized
consumer” means any voluntary consumer association registered under
the Companies Ordinance 1984 (XLV of 1984) or the Societies
Registration Act, 1860 (XXI of 1860) or the Voluntary Welfare
Agencies (Registration and Control) Ordinance, 1961 or any other law
for the time being in force and Consumer Cooperative Societies
registered under the Cooperative Societies Act, 1925 or such other
association as may be prescribed.
(2) A complaint under this section shall be submitted
within ten days of the sale, delivery or rendering of the service;
Provided that the Court having the jurisdiction to
hear the complaint may allow a complaint to be filed after ten
days and within such time as it may allow if it is satisfied that
there was sufficient cause for not filing, it within the aforesaid
period:
Provided further that such extension shall not be
allowed beyond: -
(i) a period of sixty days from the expiry of
the warranty or guarantee period specified
by the manufacturer of the goods or seller
of the services; and
(ii) if no such period is specified, one year of
the date of purchase of the goods or
services.
Procedure on 15. (1) The Consumer Court shall on receipt of a
receipt of complaint, if it relates to ay goods:
complaints. (a) refer a copy of the complaint to the
opposite party mentioned in the complaint
directing him to give his version of the
case within a period of thirty days or such
extended period not exceeding fifteen
days
(b) where the opposite party on receipt of
complaint referred to him under clause (a)
denies or disputes the allegations
contained in the complaint, or omits or
fails to present his case within the time
specified as the case may be, shall proceed
to settle the consumer dispute in the
manner specified hereinafter;
(c) where the complainant alleges a defect in
the goods which cannot be determined
without proper analysis or test of the
goods the court shall obtain a sample of
the goods from complainant seal it and
authenticate it in the manner prescribed
and refer the sample so sealed to a
laboratory along with a direction to make
an analysis or test, whichever may be
necessary, with a view to find out whether
such goods suffer from any defect and to
report its findings thereon to the Court
within a period of thirty days of the receipt
of the reference or within such period as
may be extended by the Court.
(d) before sample of the goods is referred to
ay laboratory under clause (c), the Court
may require the complainant to deposit to
the credit of the Court such fees as may be
specified, for payment to the laboratory
for carrying out the necessary analysis or
test in relation to the goods in question.
The fees so deposited by the complainant
shall be recovered from the opposite party
if the test/analysis supports the
complainant’s version and paid to the
complainant;
(e) on receipt of the report from the
laboratory, the Court shall forward a copy
of the report along with such remarks as
the Court may feel appropriate to the
opposite party ad the whole process shall
be completed within three months.
(f) if any of the parties disputes the
correctness of the findings of the
laboratory, or the methods of analysis or
test adopted by the laboratory, the Court
shall require the opposite party of the
complainant to submit in writing his
objections in regard to the report of the
laboratory;
(g) the Court shall give a reasonable
opportunity to both the parties or being
heard with regard to the correctness or
otherwise of the report of the laboratory
and also as to the objection made in
relation hereto under clause (f) before
making an order under section 16.
7
[(h) The Court may if it deem appropriate in
cases where the complainant is a private
person direct Authority of the district
where cause of action lies, to investigate
the matter and furnish a report to the court
within prescribed time.]
8
[(i) The court shall if the complainant received
relates to Services, qualifications of
Service provider or any other matter
ancillary to the provision of Services refer
a copy of the complaint to the apposite
party mentioned in the complaint directing
him to give his version of the case with in
a period of 30 days or such extended
period not exceeding 15 days as may be
granted.]
(2) The Court shall, if the complaint received relates
to goods in respect of which the procedure specified in sub-
section (1) cannot be followed, or if the complaint relates to any
service: -
(a) refer a copy of such complaint to the
7
Ins. by Act V of 2007: passed by the Balochistan Assembly on 6th August, 2007: assented to by the Governor of Balochistan on 18th August, 2007 published
in the Balochistan Gazette (Extraordinary) No. 97 dated 20th August, 2007.
8
Ins. Ibid.
opposite party directing him to give his
version within a period of thirty days or
such extended period not exceeding
fifteen days as may be granted by the
Court; and
(b) on receipt of the defense of the opposite
party, if any under clause (a) proceed to
settle the dispute on the basis of evidence
produced by the parties.
Provided that if the opposite party does not deny
or dispute the allegations made in the complaint, or fails to
present his case within the specific period, the dispute shall be
settled on the basis of evidence brought by the complainant.
(3) For purpose of this section the Court shall have
the same powers as are vested in a Civil Court under the code of
Civil Procedure, 1908 (V of 1908) while trying a suit, in respect
of the following matters, namely: -
(a) the summoning and enforcing attendance
of any defendant or witness and
examining him on oath;
(b) the discovery and production of any
document or other material object
produceable as evidence;
(c) the receiving of evidence on affidavits;
(d) requisitioning of the report of the
concerned analysis or text from the
laboratory or from any other relevant
sources;
(e) issuing of any commission for the
examination of any witness; and
(f) any other mater which may be prescribed.
(4) Every proceeding before the Court shall be
deemed to be judicial proceeding within the meaning of section
193 and 228 of the Pakistan Penal Code 1860 (XIV of 1860),
and the Court shall be deemed to be civil court for the purposes
of section 195 and Chapter XXXV of the Code of Criminal
Procedure 1898 (V of 1898). Presence of complainant before the
Court shall not be required till the accused/respondent has put up
appearance before the Court.
Finding of the 16. (1) If after the proceeding conducted under section
Court. 15, the Court is satisfied that the goods complaint against suffer
from any of the defects specified in the complaint or that any of
the allegations contained in the complaint about the services are
proved, it shall issue an order to the opposite party directing him
to take one or more the following actions, namely: -
(a) to remove defect from the foods in
question:
(b) to replace the goods with new goods of
similar description which shall be free
from any defect;
(c) to return to the complainant the price or as
the case may be the charges paid by the
complainant;
(d) to do such other thing as may be directed
by the Court for adequate and proper
compliance with the requirements of
section 4, 5 or 6; and
(e) to pay such amount as may be awarded by
it as compensation to the consumer for
any loss or negligence of the opposite
party.
(2) Every order made by the Court under sub-section
(1) shall be signed 9[and certified copies thereof shall be send to
the council after pronouncement of the judgement/order]
Penalties. 17. (1) Where any right of consumer required to be
protected under section 10 is in any way infringed, the person
responsible for such infringement shall be punished with
imprisonment which may extend to two years, or with fine
which may extend to fifty thousand rupees, or with both and
shall also be liable to provide such compensation/relief as ma be
determined by the Court.
(2) Whoever makes advertisement through print or
electronic media or by chalking on walls or in any other manner
in contravention of section 7, shall be punished with
imprisonment which may extend to two years, or with fine
which may extend to twenty five thousand rupees, or with both.
(3) The Court may, where it is deemed appropriate,
order for payment of compensation to the extent the consumer
has suffered any damage or loss through any unfair trade
practice.
(4) The Court may where it is deemed necessary for
protection of the right of other consumers, order for confiscation
of any goods or material or direct for their destruction.
(5) The Court may, where it is deemed appropriate,
order for removal of the defect(s) of the product involved or
replacement thereof.
9
Ins. by Act V of 2007: passed by the Balochistan Assembly on 6th August, 2007: assented to by the Governor of Balochistan on 18th August, 2007 published
in the Balochistan Gazette (Extraordinary) No. 97 dated 20th August, 2007.
Appeals. 18. (1) Any person aggrieved by an order may by the
Court may prefer an appeal against such order to the Session
Court or High Court as the case may be, with in a period of
thirty day from the date of the order, and the provisions of the
Code of Criminal Procedure, 1898(Act V of 1898), in respect of
appeals to the High Court shall, mutates mutandis, apply.
Finality of Orders. 19. Every order of the Court, if no appeal has been preferred
against such order under the provision of this Act shall become
final.
Dismissal of 20. Where a complaint instituted is found to be frivolous or
frivolous or vexatious, the Court may dismiss the complaint and after due
vexatious notice impose fine on complainant upto an amount not
complaints. exceeding ten thousand rupees. Appropriate compensation may
also be awarded to the respondent from the amount of fine so
realized.
Principal, liable for 21. Where any offence under this Act, is committed by an
offence of agent agent or servant of any manufacturer or trader, such offence
and servants. shall be deemed to have been committed by such manufacturer
or trader unless he proves that such offence was committed
without his knowledge.
PART-IV
MISCELLANEOUS
Aid to the Court. 22. All agencies of Government shall act in aid of the Court
for performance of its function under this Act.
10
[Bar on inspection 22-A. (1) Premises of any manufacturer or distributor or
or search of retailer shall not be inspected or searched by any official under
premises. this ordinance without direction in writing given by the Court.
(2) No public servant shall seek any record from any
person or commercial establishment under this ordinance
without prior permission of the court.]
Immunity. 23. No suit, prosecution or other legal proceedings shall lie
against the Council or any member thereof any functionary
under this Act or acting under the direction of the Council or
Government for anything which is in good faith done or
intended to be done under this Act.
Power to make 24. Government may by notification in the official Gazette,
rules. make rules for carrying out the purposes of this Act.
Power to remove 25. If any difficulties arise in giving affect to any of the
difficulties. provisions of this Act, Government may, make such order not
10
Inserted vide the Balochistan Consumer Protection (Amendment) Act, 2007 (Act V of 2007): passed by the Balochistan Assembly on 6th August,
2007: assented to by the Governor of Balochistan on 18th August, 2007 published in the Balochistan Gazette (Extraordinary) No. 97 dated 20th August, 2007.
inconsistent with the Provisions of this Act, as may appear to it
to be necessary or expedient for removing of the difficulty.
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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