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RULES, 2011

ISLAMABAD CAPITAL TERRITORY (CONSUMERS PROTECTION) RULES, 2011

[Gazette of Pakistan, Extraordinary, Part-II, 31st December, 2011]

S. R. O. 1157(I)/2011, dated 12.10.2011.—In exercise of the powers conferred by Section 12 of the Consumers Protection Act, 1995 (III of 1995), the Federal Government is pleased to make the following rules, namely:—

1.         Short title and commencement:—(1) These rules may be called the Islamabad Capital Territory (Consumers Protection) Rules, 2011.

(2)  They shall come into force at once.

2.         Definition:—(1) In these rules, unless the context otherwise requires,

(a)        "Act" means the Islamabad Capital Territory Consumers Protection Act, 1995 (III of 1995):

(b)        "person" means any natural or artificial person;

(c)        "chairman" means a chairman of the Council:

(d)       "convener" means the convener of an ACA to be nominated by the IC A under Rule 7:

(e)        "Islamabad Consumers Association" or "ICA" means the Islamabad Consumers Association constituted for the Islamabad Capital Territoryunder Rule 4;

(f)        "Area Consumers Association" or "ACA" means an Area Consumers Association constituted for any specified area or sector of Islamabadunder Rule 7;

(g)        "respondent" means a person against whom a complaint has been filed;

(h)        "rule" means rule of these rules;

(i)         "damage" means any damage caused by any product or service including damage to the product itself or economic loss arising from a deficiency in or loss of use of the product or the service;

(j)         "manufacturer" includes a person who–

            (i)         is in the business of manufacturing a product for the purpose of trade or commerce;

            (ii)        labels a product as his own or who otherwise presents himself as manufacturer of the product;

            (iii)       as a seller exercises control over the design, construction or quality of a product;

            (iv)       assembles a product by incorporating into his product any component or part manufactured by another manufacturer;

            (v)        is a seller of a product of a foreign manufacturer, or is affiliated with the foreign manufacturer by way of partial or complete ownership or control; or

            (vi)       modifies or prepares the product for sale or distribution and assumes or administers warranty obligations of the product;

(k)        "manufacturing a product" means and includes producing, fabricating, constructing, designing, remanufacturing, reconditioning or refurbishing a product.

(l)         "product" has the same meaning as assigned to the word "goods" in the Sale of Goods Act, 1930 (III of 1930).

(m)       Islamabad Consumer Association or "ICA" means the Islamabad Consumer Association set up under Rule 4;

(n)        Area Consumer Association or "ACA" means an Area Consumer Association set up under Rule 7;

(o)        "Provincial Government" means the Chief Commissioner, Islamabad Capital Territory, specified in the Islamabad Capital Territory (Administration) Order, 1980 (PO 18 of 1980) and invested, vide Notification No. 17(2)/80-Pub, dated the 31st December, 1980, with the powers and duties conferred or imposed on the Provincial Government under any law for the time being in force in the Islamabad Capital Territory;

(2)        Words and expressions used in these rules and not defined shall have the meanings respectively assigned to them in the Act.

3.  Procedure of the Council:—(1) The chairman of the council shall be sanctioning authority of all activities of the council.

(2)        The council shall elect one of its members to be its secretary who shall be responsible for running its affairs.

(3)        The Secretary shall call meeting of the council after seeking approval from the chairman.

(4)        The secretary shall maintain and put up all complaints and other record received during the period, for discussion and disposal, on a format as the Provincial Government may specify.

(5)        The secretary shall convey the agenda and working paper to all members of the council, at least a week prior to the meeting of the council.

(6)        The secretary shall circulate minutes of the meeting to all members after seeking approval from the chairman.

(7)        The council may require the ICA to brief the council about the details of any complaint, before referring it to the Authority.

(8)        The decision in meeting of the council shall be taken by simple majority of the members present and in case of tie, the chairman shall have the powers to decide the issue either way in accordance with the law.

(9)        The secretary shall be assisted by an authorized officer and such staff as may be provided by the Provincial Government. He shall maintain record of all complaints received by the council and working thereto, coordinate with the council, ICA and the ACA(s) and represent the council before the Authority.

(10)      There shall be a monthly meeting to be held on first working day of every forthcoming month.

(11)      The council shall hold its meeting at such place and with such facilities as the Government may specify.

Explanation: Only the complaints involving any issue of general public interest shall be referred to the council for action into the matter.

4.         Islamabad Consumer Association (ICA):—(1) The council shall constitute an ICA, comprising of:—

(a)        a prominent social worker to be chairman of the ICA;

(b)        a lady social worker of repute;

(c)        three representatives from the ACA's;

(d)       three representatives from the shop keepers, vendors and manufacturers;

(e)        a representative from the office of Chief Commissioner. ICI;

(f)        a representative from the health department, CDA;

(g)        a representative from the agriculture industries and labour directorate, ICT;

(h)        a representative from the health department, ICT;

(i)         an expert in accounts and fiscal policies;

(j)         a representative from food department, ICT; and

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