Fair Trading Commission Act, 2009
Act 17 of 2009
- Commenced on 3 November 2009
- [This is the version of this document at 31 December 2015.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Fair Trading Commission Act, 2009.
2. InterpretationIn this Act—"Board" means the Board of Commissioners appointed under section 5(1)(a);"business"—(a)means the carrying on of any commercial activity for gain or reward; and(b)includes—(i)manufacturing, producing, transporting, acquiring, supplying, storing and otherwise dealing in goods for gain or reward; and(ii)acquiring, supplying and otherwise dealing in services for gain or reward;"Commission" means the Fair Trading Commission established under section 3(1);"Commissioner" means a member of the Board;"document" includes—(a)anything on which there is writing;(b)a map, plan, drawing or photograph;(c)anything from which sounds or visual images are capable of being reproduced;(d)any record created, stored, generated, received or communicated by electronic or electromagnetic means;"enterprise" means a person, firm, partnership, corporation, company, association or other juridical person, engaged in commercial activities for gain or reward, and includes its branches, subsidiaries, affiliates or other entities directly or indirectly controlled by it;"Minister" means the Minister responsible for Trade;"prescribed" means prescribed by regulations;"service provider" means an enterprise which provides a service;"Tribunal" means the Appeal Tribunal established under section 44(1).
Part II – Establishment of Fair Trading Commission
4. Functions and powers
5. Appointment of Board
6. Term of office
7. DisqualificationA person shall not be appointed as a Commissioner if he or she—
8. Removal from office
9. Filling of vacancies
10. Presiding officer
11. Disclosure of interest
12. Prohibition of publication or disclosure of information
15. QuorumThree Commissioners shall constitute a quorum for any meeting of the Board.
16. Duty to give reasonsThe Commission shall prepare and publish its decisions together with the reasons for such decisions.
18. ProceedingsThe Board may regulate its own proceedings.
19. RemunerationThe Commissioners are to be paid such remuneration out of the funds of the Commission as may be determined by the Minister.
Part III – Staff of Commission
20. Chief Executive OfficerThe President shall, upon the advice of the Minister appoint a Chief Executive Officer and a Deputy Chief Executive Officer on such terms and conditions of appointment as the President may determine.[section 20 amended by section 2(a) of Act 6 of 2015 with effect from 10 August 2015]
21. Functions of Chief Executive Officer
22. Appointment of other members of staffThe Commission shall employ such other members of staff as it considers necessary, on such terms and conditions as it considers fit.
23. Functions of staffThe members of staff employed under section 22 shall investigate such matters as are stipulated by the Chief Executive Officer and report their findings to him or her.
24. Appointment of experts
25. Disclosure of interestsA member of staff or an expert retained to assist the Commission having any direct interest in a matter under investigation shall not participate in any deliberations or any part of the investigation process in relation to the matter.
26. Confidential information
Part IV – Finances of Commission
28. Accounts and audit
29. Financial statement
Part V – Complaints to, investigations by and procedures before Commission
30. Initiation of complaint by Commission or any other person
31. Form of complaint
32. Evaluation of complaint
33. Investigative powers of Commission
34. Search and seizure
35. Copies of document or book of accountWhere a document or book of account has been seized, inspected or examined by an officer of the Commission under section 34, the officer may make or cause to be made one or more copies of it, and a document purporting to be certified by the officer to be a copy made pursuant to this section is admissible in evidence and has the same probative value as the original document.
36. Termination of investigation
37. Service of complaintWhere the Chief Executive Officer determines that there may be a breach of any written law relating to consumer protection, fair competition or other written law which the Commission has jurisdiction to administer, the Chief Executive Officer shall—
Part VI – Hearings before Commission
38. JurisdictionThe Commission shall have exclusive jurisdiction to hear and determine matters under any written law relating to consumer protection, fair competition or other written law which it has jurisdiction to administer.
39. Fixing of hearing
40. HearingsA hearing of the Commission shall take place in public but the Commission may—
42. Decision of Commission
43. Publication of decisionsThe Commission shall within one month of giving a decision publish that decision in writing with supporting reasons.
Part VII – Appeal Tribunal
Part VIII – Appeal from Tribunal
45. Appeal to Supreme Court
46. Powers of Supreme Court on appeal
47. Stay of execution on appealAn appeal shall not operate as a stay of an order or direction given by the Tribunal, except an order imposing a financial penalty on an enterprise.
Part IX – Miscellaneous
48. LiabilityAny person performing functions under this Act shall be deemed to be a public officer for the purposes of the Public Officers (Protection) Act and of sections 372 and 373 of the Penal Code.
49. Obstruction of investigationA person who, in any manner, impedes, prevents or obstructs any investigation by the Commission or any authorised officer in the execution of an inquiry commits an offence and is liable to a fine not exceeding 100, 000 rupees or to imprisonment for a term not exceeding two years or to both.
50. Obstruction of execution of warrantA person who obstructs the execution of a warrant issued under section 34(2)(b) commits an offence and is liable on conviction to a fine not exceeding 100, 000 rupees or to imprisonment for a term not exceeding two years or to both.
51. Destruction of records
52. Giving false or misleading information to CommissionA person who gives to the Commission or an authorised officer any information which he or she knows to be false or misleading commits an offence and is liable to a fine not exceeding 100,000 rupees or to imprisonment for a term not exceeding two years or to both.
53. Failure to comply
54. Non-compliance with order of Commission
55. Other contravention of Act
56. Contempt of CommissionA person who insults, interrupts or otherwise commits any contempt of the Commission commits an offence and is liable on conviction to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding two years.
History of this document
31 December 2015 this version
03 November 2009