An Act to amend the Islamabad Consumers Protection Act, 1995

[Gazette of Pakistan, Extraordinary, Part-I, 6th January, 2012]

No. F. 9 (22)/2011-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 31st December, 2011, is hereby published for general information:—

WHEREAS it is expedient to amend the Islamabad Consumers Protection Act, 1995 (III of 1995), for the purposes hereinafter appearing;

It is hereby enacted as follows:—

1.  Short title and commencement.—(1) This Act may be called the Islamabad Consumers Protection (Amendment) Act, 2011.

(2)  It shall come into force at once.

2.  Insertion of new Section 8A, Act III of 1995.—In the Islamabad Consumers Protection Act, 1995 (III of 1995), after Section 8, the following new section shall be inserted, namely:—

“8A. Power to try summarily.—(1) 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 by way of profiteering, hoarding, black-marketing, adulteration of food items, 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 any 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 (1) punishable under this Act has been committed by any 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.”.