Ordinance No. LXVII of 2007
to amend the Islamabad Consumers Protection Act, 1995
WHEREAS it is expedient to amend the Islamabad Consumer Protection Act.1995 (III of 1995), for the purposes hereinafter appearing; WHEREAS the National Assembly is not in session and the President is satisfied that circumstances exist which vender it necessary to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause V-) of Article 89 of the Constitution of the Islamic Republic of Pakistan read with the Proclamation of Emergency of the 3rd day of November, 2007 and the Provisional Constitution Order No.I of 2007;
the President is pleased to make and promulgate the following Ordinance:-
1. Short title and commencement:- (I) This Ordinance may be called the Islamabad Consumers Protection (Amendment) Ordinance, 2007.
2) It shall come into force at once.
2. insertion of new section 8A, Act Ill of 1995,- In the Islamabad Consumers Protection Act 1995 (III of 1995). after section 8, the following new section shall be inserted, namely:-
“SA Power to try summarily. (I) Without prejudice to the foregoing provisions and in addition to the powers exercisable by the Authority where any right of a consumer is infringed or contravened in respect of profiteering, hoarding, black marketing, adulteration, selling of expired items of food and other item unfit for human consumption or charging for goods and services in excess of the prices fixed by the competent authority under am law for the time being in force, it shall be tried by a Special Magistrate appointed under section 14A of the Code of Criminal Procedure, 1898. (Act VI of 1898) in a summary manner as provided in sections 262 to 265 of the said Code:
Provided that sub-section (2) of section 265 shall not apply.
(2) If a Special Magistrate has reason to believe that any infringement or contravention of any right of consumer as stated in sub-section (I) punishable under this Act has been committed by an person, he may enter the place or premises where the infringement or contravention has been committed and try the same on the spot and punish the defaulter with imprisonment which may extend to six months or fine which may extend to fifty thousand rupees or with both.
(3) Any person aggrieved by the order of special Magistrate may, within fifteen days prefer an appeal to the Authority.