(1) An authority called the Consumer Affairs Authority (hereinafter referred to as the "Authority") is hereby established which shall consist of the persons who are for the time being members of the Authority under section 3.

(2) The Authority shall, by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

(1) The Authority shall consist of a Chairman and not less than ten other members who shall be appointed by the Minister from among persons who possess recognized qualifications, have had wide experience and have distinguished themselves in the field of industry, law. economics, commerce, administration, accountancy, science or health.

(2) The Chairman and three of the members, selected by the Minister from among the members appointed under subsection (1), shall be full time members (hereinafter referred to as "full time members of the Authority").

(3) The members of the Authority other than the Chairman and the three full time members of the Authority shall be paid such remuneration as may be determined by the Minister in consultation with the Minister in charge of the subject of Finance.

(4) The provisions of the Schedule to this Act, shall have effect in relation to the term of office of the members of the Authority, the meetings and seal of the Authority.

(a) to protect consumers against the marketing of goods or the provision of services which are hazardous to life and property of consumers ;

(b) to protect consumers against unfair trade practices and guarantee that consumers interest shall be given due consideration ;

(c) to ensure that wherever possible consumers have adequate access to goods and services at competitive prices ; and

(d) to seek redress against unfair trade practices, restrictive trade practices or any other forms of exploitation of consumers by traders.

(a) control or eliminate-

(b) investigate or inquire into anti-competitive practices and abuse of a dominant position ;

(c) maintain and promote effective competition between persons supplying goods and services ;

(d) promote and protect the rights and interests of consumers, purchasers and other users of goods and services in respect of the price, availability and quality of such goods and services and the variety supplied ;

(e) to keep consumers informed about the quality, quantity, potency, purity, standards and price of goods and services made available for purchase ;

(f) carry out investigations and inquiries, in relation to any matter specified in this Act ;

(g) promote competitive prices in markets where competition is less than effective ;

(h) undertake studies, publish reports and provide information to the public relating to market conditions and consumer affairs ;

(i) undertake public sector and private sector efficiency studies ;

(j) promote consumer education with regard to good health, safety and security of consumers ;

(k) promote. the exchange of information relating to market conditions and consumer affairs with oilier institutions ;

(l) promote, assist and encourage the establishment of consumer organizations ;

(m) charge such fees in respect of any services rendered by the Authority ;

(n) appoint any such committee or committees as may be necessary to facilitate the discharge of the functions of the Authority ; and

(o) do all such other acts as may be necessary for attainment of the objects of the Authority and for the effective discharge of the functions of such Authority.

(a) undertake such studies in respect of the sale or supply of any class of goods and services as would ensure the availability to the consumer of such goods and services of satisfactory quality at reasonable prices and in adequate quantities ;

(b) promote, assist and encourage the State or other organizations including organizations of consumers, for the purposes described in paragraph (a); and

(c) assist and encourage associations of traders to enter into agreements with the Authority for the purposes described in section 14.

(1) The Authority may, for the protection of the consumer

(2) Every direction issued by the Authority under subsection (1) shall he published in the Gazette and in at least one Sinhala, one Tamil and one English newspaper.

(3) Any manufacturer or trader who fails to comply with any direction issued under subsection (1) shall be guilty of an offence under this Act.

(4) Any person who removes, alters, obliterates, erases or defaces any label, description or price mark on any goods in respect of which a direction under subsection (1) has been issued, or sells or offers for sale any such goods from or on which the label, description or price mark has been removed. altered, obliterated, erased or defaced, shall be guilty of an offence under this Act.

(1) The Authority may for the purpose of protecting the consumer and ensuring the quality of goods sold or services provided, by Notification published in the Gazette, from time to time, determine such standards and specifications relating to the production, manufacture, supply, storage, transportation and sale of any goods, and to the supply of any services.

(2) The Authority may by Notification published in the Gazette adopt such standards and specifications. prescribed by the Sri Lanka Standards Institution established by the Sri Lanka Standards Institution Act, No; 6 of 1984, relating to the production, manufacture, supply, storage, transportation and sale of any goods, and to the supply of any services, as standards and specifications, to be determined under subsection (1).

(1) The Authority may inquire into complaints regarding

(2) A complaint under subsection (1) which relates to the sale of any goods or to the provision of any service shall be made to the Authority in writing within three months of the sale of such goods or the provisions of such service, as the case may be.

(3) At any inquiry held in to a complaint under subsection (1), the Authority shall give the manufacturer or trader against whom such complaint is made an opportunity of being heard either in person or by an agent nominated in that behalf.

(4) Where after an inquiry into a complaint, the Authority is of opinion that a manufacture or sale of any goods or the provision of any services has been made which does not conform to the standards or specifications determined or deemed to be determined by the Authority, or that a manufacture or sale has been made of any goods not conforming to any warranty or guarantee given by implication or otherwise by the manufacturer or trader, it shall order the manufacturer or trader to pay compensation to the aggrieved party or to replace such goods or to refund the amount paid for such goods or the provision of such service, as the case may be.

(5) An order under subsection (4) shall be made in writing and be communicated to such manufacturer or trader by registered post.

(6) Where any manufacturer or trader fails or refuses to comply with an order made under subsection (4) of this section, such manufacturer or trader shall be guilty of an offence under this Act, and the sum of money due on the order as compensation or refund may, on application being made in that behalf by the Authority to the Magistrate's Court having jurisdiction over the place of business or residence of such manufacturer or trader as the case may be, be recovered in like manner as a fine imposed by such court, notwithstanding that such sum may exceed the amount of a fine which that court may, in the exercise of its ordinary jurisdiction, impose.

(1) The Authority may enter into such written agreements as it may deem necessary, with any manufacturer or trader or with any association of manufacturers or traders to provide for -

(2) Every written agreement entered into under subsection (1) between the Authority and any manufacturer or trader or with any association of manufacturers or traders, shall be binding on every authorized distributor of such manufacturer or trader and every member of such association, as though he was a party to such agreement and whether or not he was a member at the time of entering into the agreement.

(3) Every manufacturer or trader or any authorized distributor of such manufacturer or trader or any association of manufacturers or traders or any member thereof, who contravenes any provision of any agreement entered into with the Authority under subsection (1), shall be guilty of an offence under this Act.

(4) Every agreement entered into with the Authority under subsection (1), shall be registered with the Authority and shall contain a schedule giving the name and description of each authorized distributor of such manufacturer or trader or members of such association, as the case may be.

(5) Every agreement entered into with the Authority under subsection (1), shall come into force from the date of such agreement, unless such agreement provides that the agreement shall come into force on any subsequent date.

(6) Where the Authority thinks fit, it may cause any agreement made under this section to be published in the Gazette. Where an agreement is published in the Gazette, the production of a copy of the Gazette in which such agreement is published shall, until the contrary is proved, be proof of the contents of such agreement.

(7) For the purpose of any prosecution under this section, a certificate given by the Authority that any person is an authorized distributor of any manufacturer or trader or is a member of any association of traders or manufacturers shall be admissible and be prima facie proof in a court of law that such person is an authorized distributor of such manufacturer or trader or a member of such association.

(1) No trader who has in his possession or custody or under his control any goods for purpose of trade within Sri Lanka, shall refuse to sell such goods.

(2) In any prosecution of any trader for the contravention of the provisions of subsection (1) it shall be a sufficient defence for the accused to prove that

(a) deny the possession of such goods ; or

(b) offer such goods for sale subject to a condition requiring the purchase of any other goods or the making of any payment in respect of any service or to any other condition, other than the condition that the buyer shall pay the price of such goods forthwith.

(1) No trader shall conceal in his place of business or in any other place, any goods in such quantity as is in excess of the normal trading requirements of such trader.

(2) No trader shall have in his possession or custody or under his control in his place of business or in any other place. any goods in such quantity in excess of

(3) No person other than a trader shall have in his possession or custody or under his control any goods in such quantity in excess of the normal personal requirements of such person.

(l) Where the Minister is of opinion that any goods or any service is essential to the life of the community or part thereof, the Minister in consultation with the Authority may by Order published in the Gazelle prescribe such goods or such service as specified goods or specified service as the case may be.

(2) No manufacturer or trader shall increase the retail or wholesale price of any goods or any service specified under subsection (1), except with the prior written approval of the Authority.

(3) A manufacturer or trader who seeks to obtain the approval of the Authority under subsection (2), shall make an application in that behalf to the Authority, and the Authority shall, after holding such inquiry as it may consider appropriate :

and inform the manufacturer or trader of its decision thirty days of the receipt of such application.

(4) Where the Authority fails to give a decision within thirty days of the receipt of an application as required under subsection (3), the manufacturer or trader who made the application shall be entitled to, notwithstanding the provisions of subsection (1), increase the price :

Provided however, where the delay in giving its decision within the stipulated period was due to the failure of the manufacturer or trader to give any assistance required by the Authority in carrying; out its inquiry into the application, the Authority shall have the power to make an interim order preventing the said manufacturer or trader from increasing the price, until the Authority makes its decision on the application.

(1) Where it appears to the Director-General that any goods are being sold or any services are being provided by a manufacturer or trader at an excessive price or any market manipulation or other market imperfection exists in respect of such goods or services provided by such manufacturer or trader, the Director-General may, in consultation with the Authority as he may deem necessary and having regard to whether

refer such matter to the Council for investigation and report.

(2) The Council shall conclude its investigation and submit its report to the Director-General within two months of such reference being made to it by the Director-General.

(1) Where any reference is made to the Council by the Director-General under section 19, the Council shall cause such reference to be brought to the notice of such persons, who in the opinion of the Council would have an interest in the proposed investigation to be carried out by it on such reference, and shall further give such persons adequate notice of the date on which the investigation is scheduled to commence.

(2) For the purpose of. carrying out an investigation, the Council may by notice in writing require any person or any one authorized by such person, to produce such documents as may be specified in the notice, and at such time and place as mentioned therein, which are under the custody or control of such person and which relates to the matter under investigation.

(3) At the conclusion of an investigation, the Council shall, subject to the provisions of section 21, cause its decision with its reasons to be published in such manner as it shall consider appropriate, and submit a report on such investigation to the Director-General as required under subsection (2) of section 19.

(4) Where the Council concludes that the goods are being sold or the services are being provided at an excessive price, it shall recommend to the Authority in writing the maximum price above which such goods should not be sold or such services should not be provided or the price structure in accordance with which such maximum price shall be fixed.

(5) On receipt of the recommendations of the Council under subsection (4), the Authority shall, by order published in the Gazette, fix the maximum price above which the goods shall not be sold or the services shall not be provided. Every order made under this subsection shall come into operation on the date of publication of such Order in the Gazette.

(6) Nothing in this section shall be construed as precluding the Council from proceeding with a subsequent investigation which relates wholly or partly to the same matter which was the subject matter of a previous investigation carried out under this section.

(7) Any person aggrieved by an order made by the Authority under subsection (5) may appeal against such decision to the Court of Appeal.

(8) Any document produced in compliance with a notice issued under subsection (2) shall be considered confidential, and nothing contained in such document shall be disclosed to any person by the Council, except where it ;is required to do so under any law.

(1) At anytime before making a recommendation under subsection (4) of section 20, the (council) may accept any undertaking offered by a manufacturer or trader, in respect of whom the investigation is being carried out, regarding the price at which the goods shall be sold or services shall be provided as the case may be, by such manufacturer or trader .

(2) Where an undertaking given under subsection (1) is accepted, it shall be the duty of the Council to

(3) Where the Council is of the view what action should be taken under paragraph (c) of subsection 2). the Council shall issue a notice to the person when entered into the undertaking, informing such person

(4) The Council shall, after issue of a notice under subsection (3), make a fresh decision

(5) Where an undertaking given by a manufacturer or trader is accepted by the Council under this section, any violation of such undertaking by the manufacturer or trader, shall be an offence under this Act.

(1) Where goods are being sold or services are being provided at an excessive price' and any member of the public or any association of persons or any organization wish the Council to investigate into the matter, such member of the public, association or organization, as the case may be, may request the Director-General to refer the matter to the Council For investigation.

(2) On receipt of a request under subsection (1) the Director-General may, where he is of the opinion that it is a matter which, having regard to the provisions of section 19 should be investigated into by the Council, refer the matter to the Council for investigation and the provisions of sections 20 and 21 shall, mutatis mutandis, apply to and in relation to, such investigation.

(1) Every trader shall exhibit conspicuously in his place of business, a notice specifying the maximum retail or wholesale price, as the case may be, of goods available for sale in his place of business other than the price of any goods, the price of which is marked on the goods itself or on the wrapper or pack containing it or marked in any other manner as may be required by any law.

(2) A complete list of the price of goods, available for sale shall be kept within the place of business at all times for inspection whenever required.

(a) the date of the sale;

(b) the quantity of goods sold ;

(c) the price paid for such quantity;

(d) nature of the transaction, that is to say, whether the sale was wholesale or retail; and

(e) any other requirements that may be imposed under any law relating to the issue of receipts by a trader.

(1) Every trader shall keep in conspicuous place in his place of business, a notice board for the display of any notice, direction or warning issued by the Authority under this Act.

(2) Every trader shall affix or cause to be affixed on such notice board any notice, direction or warning issued to such trader by the Authority under this Act.

(3) Any person who removes, alters, obliterates, erases or defaces such notice, direction or Warning other than a person acting under the direction or authority of the Authority, shall be guilty of an offence under this Act.

(a) falsely represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model ;

(b) falsely represents that goods are new ;

(c) represents that goods or services have sponsorship, approval, performance, characteristics accessories, uses or benefits they do not have ;

(d) represents that such trader has a sponsorship approval or affiliation he does not have ;

(e) makes false or misleading statements concerning the existence of, or amounts of price reduction or price increase ;

(f) makes false or misleading statements concerning the need for any goods, services, replacements or repairs ; or

(g) makes false or misleading statements concerning the existence or effect of any warranty or guarantee

(1) In every contract for the supply of goods or for the provision of services by any person in the course of a business of supply of such goods or provisions of such services to a consumer, there is an implied warranty that

(2) Where a trader or any person other than a trader supplies any goods or provides any service to a consumer in the course of a business and the consumer, expressly or by implication, makes known to the trader or other person of any particular purpose for which the goods or services are required or the result that he desire the service to achieve, there is an implied warranty that the services provided under the contract for the provision of such services and any materials supplied in connection with those services will be reasonably fit for that purpose or are of such a nature and quality that they might reasonably be expected to achieve that result, except where circumstances show the consumer does not rely, or that it is unreasonable for him to rely, on the trader's or such other person's skill or judgment.

(3) A consumer aggrieved by the breach of an implied warranty as provided for in subsection (1) or (2) may make a complaint to the Authority in writing against such breach within one month of the supply of such goods or the provision of such services as the case may be ,or the supply of materials supplied in connection with the provision of those services.

(4) At any inquiry held into a complaint made under subsection (3), the Authority shall give the trader or other person against whom the complaint is made, an opportunity of being heard either in person or by an agent on his behalf.

(5) Where after the inquiry the Authority is of opinion that a breach of an implied warranty has taken place, it shall order the trader or other person to pay compensation to the aggrieved party or refund the amount paid for the supply of such goods or provision of such services as the case may be, and for the supply of any materials in connection with the provision of those services, within such period as shall be specified in the order.

(6) An order under subsection (5) shall be made in writing and communicated to such trader or other person by registered post.

(7) Where a trader or any other person against whom an order is made under subsection (5) fails or refuses to pay such compensation or to refund the amount required to be paid us the case may be, within the period specified in the order, such sum may, on application being made in that behalf by the Authority to the Magistrate's Court having jurisdiction over the place of business or residence of the trader or such other person against whom the order was made, be recovered in like manner as a fine imposed by such court, notwithstanding that such sum may exceed the amount of a fine which that Court may, in the exercise of its ordinary jurisdiction impose.

(1) The Authority may either of its own motion or on a complaint or request made to it by any person, any organization of consumers or an association of traders, carry out an investigation with respect to the prevalence of any anticometitive practice.

(2) It shall be the duly of the Authority to complete an investigation under subsection (1), within one hundred days of its initiation.

(1) The Authority may give to all persons including representatives of associations or organizations of consumers interested in a matter which forms the subject of an investigation under section 34, an opportunity of being heard and of producing such evidence, oral or documentary, as in the opinion of the Authority is relevant to such matter.

(2) For the purpose of conducting an investigation under section 33. the Authority shall have. all the powers of a District Court

(3) Where any person

such person shall be guilty of an offence of contempt against or in disrespect of the Authority and shall be punishable for such offence by the Court of Appeal.

(4) Where the Authority determines that a person had committed any offence of contempt against or in disrespect of its authority, the Authority may cause the Director-General to transmit to the Court of Appeal a certificate setting out its determination and every such certificate shall be signed by the Chairman of the Authority.

(5) In any proceedings for the punishment of an offence of contempt which the Court of Appeal may think fit to take cognizance of as provided in subsection (3), any document purporting to be a certificate signed and transmitted to the Court of Appeal under subsection (4), shall be prima facie evidence of the facts stated in the determination set out therein, and be conclusive evidence that such determination was made by the Authority.

(1) Upon the conclusion of an investigation under section 34, the Authority may make an application to the Council for purpose of determining on such matter.

(2) The application referred to in subsection (1), shall be made in writing and shall be in such form as may be prescribed for that purpose.

(a) call upon the Authority to submit to the Council its report on the investigation ; and

(b) hear and determine such application, where the Council is of opinion that there is sufficient material in the report to warrant the Council to lake up such application for determination.

(1) There shall be established for the purpose of this Act a Council to be known as the "Consumer Affairs Council".

(2) The Council shall consist of the following persons who shall be appointed by the Minister :-

(3) The members of the Council shall hold office for a period of three years and the Minister shall nominate one of the members to be its Chairman.

(4) The members of the Council shall be paid such remuneration as may be determined by the Minister, in consultation with the Minister in charge of the subject of Finance.

(5) There shall be appointed a Secretary to the Council who shall be responsible for maintaining records of all proceedings of the Council, and for sending out any notices required to be sent by the Council under this act.

(1) The function of the Council shall be to hear and determine all applications and references made to it under this Act.

(2) Where a decision of the Council is not unanimous, the decision of the majority of the members shall be deemed to be the decision of the Council'.

(1) Where an application is made to the Council under on section 37 or section 38, as the case may be, the Council shall, on being satisfied that

(2) In determining for the purposes of this section, whether any anti-competitive practice operates, or is likely to operate, against public interest, the Council shall lake into account all matters which appear to the Council to be relevant to the matter under investigation and shall have special regard to the desirability of

(3) Where an application is made to the Council under section 37 or section 38, as the case may be, it shall be the duty of the Council to make its order on such application, within one month of its receipt.

(1) The Council shall have the power to issue notices and examine witnesses at any inquiry or investigation conducted by the Council. Every notice shall be issued under the hand of the Secretary to the Council.

(2) A notice may be issued by delivering it to the person named therein, or if that is not practicable, by leaving it at the last known place of abode of that person.

(3) Every person to whom a notice is issued shall attend before the Council at the time and place mentioned therein, and shall give evidence or produce such documents, records or other things as are required of him and are in his possession or power, according to the tenor of the notice.

(1) The Council shall for the purpose of any inquiry or investigation under this Act have power

(2) In the conduct of proceedings under this Act, the Council shall not be bound by any of the provisions of the Evidence Ordinance.

(a) fails without cause which in the opinion of the Council is reasonable, to appear before the Council at the time and place mentioned in the notice ;

(b) refuses to be sworn in or affirmed, or having been duly sworn in or affirmed, refuses or fails without cause which in the opinion of the Council is reasonable, to answer any questions put to him relating to the matters being inquired or investigated into by the Council ; or

(c) refuses or fails without cause, which in the opinion of the Council is reasonable, to produce to the Council any document or other thing which is in his possession or power and which is in the opinion of the Council necessary for arriving at the truth of the matters to be inquired or investigated into,

(1) Any act or omission in contravention of the provisions of section 45 shall constitute an offence of contempt against, or In disrespect of the Council, if such act or omission would if done or omitted to be done in relation to the Court of Appeal, have constituted an offence of contempt against. or in disrespect of the authority of such Court.

(2) Where the Council determines that a person has committed an offence of contempt against or in disrespect of its authority, the Council may cause its Chairman to transmit to the Court of Appeal a certificate setting out such determination. Every such certificate shall be signed by the Chairman of the Council.

(3) In any proceedings for the punishment of an offence of contempt which the Court of Appeal may think fit to take cognizance of as provided for in this section, any document purporting to be a certificate signed and transmitted to such Court under subsection (2), shall

(4) In any proceeding taken as provided for in this section for the punishment of any alleged offence of contempt against or in disrespect of the Council, any member of the Council may be summoned or examined as a witness and any such proceeding shall be heard and disposed of within three months of the receipt of the certificate referred to in subsection (2).

(1) The Authority shall have its own Fund.

(2) There shall be paid into the Fund of the Authority

(3) There shall be paid out of the Fund

(1) The Financial year of the Authority shall be the calendar year.

(2) The Authority shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Authority.

(3) The provisions of Article 154 of the Constitution relating to the audit of the accounts of public corporations shall apply to and in respect of the audit of the accounts of the Authority.

(1) The Authority may with the approval in writing of the Minister, appoint a Director-General to the Authority (in (his Act referred to as the "Director-General"').

(2) The Director-General appointed under subsection (1) shall be the chief executive officer of the Authority, and shall at all times act under the directions of the Authority.

(3) Director-General shall be paid such remuneration as may be determined by the Authority in consultation with the Minister.

(4) Whenever the Director-General is by reason of illness or absence from Sri Lanka or for any other cause, unable to perform the duties of his office, the Authority may, with the approval in writing to the Minister, appoint some other person to act in his place, during such absence.

(1) At the request of the Authority, any officer in the public service may, with the consent of that officer and the Secretary to the Ministry of the Minister in charge of the subject of Public Administration, be temporarily appointed to the staff of the Authority for such period as may be determined by the Authority, with like consent, or with like consent be permanently appointed to such staff.

(2) Where any officer in the public service is temporarily appointed to the staff of the Authority the provisions of subsection (2) of section 14 of the National Transport Commission Act, No. 37 of 1991. shall, mutatis mutandis apply and in relation to him.

(3) Where any officer in the public service is permanently appointed to the staff of the Authority, the provisions of subsection (3) of section 14 of the National Transport Commission Act, No. 37 of 1991. shall, mutatis mutandis, apply to, and in relation to him.

(4) Where the Authority employs any person who has agreed to serve the Government for a specified period, service to the Authority by that person shall be regarded as service to the Government for the purpose of discharging the obligations under such agreement.

(1) Notwithstanding anything to the contrary in any provisions of this Act, the Authority may. if it is satisfied after such inquiry as it may deem necessary that any person has contravened any of the provisions of this Act or any direction given thereunder, in the case of the first contravention, send to such person a warning in writing.

(2) A warning under subsection (1), shall be sent by the Authority by registered post.

(1) The Authority may, for the proper discharge of its functions under this Act, require the manufacturers, importers, distributors and exporters of any goods or services

(2) it shall be the duly of all manufacturers, importers, distributors and exporters who are required under paragraph (a) of subsection (1) to maintain records, to preserve the records being so maintained, for a period not exceeding six years.

(1) The Authority or any person authorized in that behalf by the Authority may, by notice in writing require any person within such period as shall be specified in the notice, to furnish any information or to produce any document as shall be specified in such notice, which the Authority may consider necessary for the proper discharge of its functions under this Act, and it shall be the duly of any person who receives such notice to comply with such requirement within the time 'specified in such notice, notwithstanding the provisions of any written law which may prohibit such person from disclosing such information or from producing such document :

Provided however, that nothing in this subsection shall be read and construed as enabling the Authority or any person authorized in that behalf by the Authority, by notice to require any person to furnish any information or to produce any document, if the disclosure of "such information or the production of such document is prohibited by any provision of any law providing for the imposition and recovery of any tax.

(2) No information contained in a return furnished under section 56 and no information furnished or the contents of a document produced in compliance with the terms of a notice issued under this section, shall be published or communicated by the Authority to any other person except with the consent of the person furnishing such return or information, or producing such document, as the case may be. or in the course of the discharge of its functions by the Authority.

(1) The Authority or any other officer authorized in writing in that behalf by the Authority may, for the purpose of ascertaining whether the provisions of this Act or any regulation made thereunder are being complied with, have the power on reasonable grounds and on production, if so required, his credentials

(2) Any goods seized and detained under paragraph (b) of subsection (1), shall be produced in court, and on conviction of such-manufacturer or trader, be forfeited and disposed of in such manner as may be determined by court, and any money realized shall be credited to the Fund of the Authority.

(1) Where any goods seized and detained under paragraph (b) of subsection (1) of section 58, is of such perishable nature, as in the opinion of the Authority render their immediate sale necessary or advisable, the Authority shall give not less than three days notice of the sale of such goods by an advertisement published in one Sinhala. Tamil and English newspaper each circulating in Sri Lanka and thereafter cause such goods to be sold.

(2) The proceeds, of a sale under subsection (1) of any goods, shall be credited to a special account to be maintained for that purpose by the Authority, and where the person from whom the goods were seized is acquitted or discharged subsequently by the court, the amount realized from the sale of such goods shall be given to such person.

(3) Where the court convicts the person from whom the goods were seized, the money realized from the sale of such goods and lying to the credit of the special account referred to in subsection (2), shall be credited to the Fund of the Authority.

(1) Any person who,-

shall be guilty of an offence under this Act, and shall on conviction after trial before a Magistrate, be liable

(2)

(3) Any person guilty of an offence under this Act by reason of a contravention of the provisions of section 15 or section 16 or section 17 shall, on conviction after trial before a Magistrate, be liable

(4) Any person guilty of an offence under this Act by reason of a contravention of the provisions of section 18 shall, on conviction after trial before a Magistrate, be liable

(5) Every person who acts in contravention of any provision of this Act, (other than the provisions referred to in subsections (1). (2), (3) and (4) of this section) or any requirements imposed under any such provision, or any regulations made under section 72, shall be guilty of an offence under this Act and shall, on conviction after trial before a Magistrate, be liable

(6) The Authority may publish or cause to be published in such manner as it shall deem fit, the names and addresses of all persons convicted under this Act.

(7) Where any offence under this Act is committed by a body of persons, then

shall be deemed guilty of that offence ;

Provided that no such director, officer or partner shall be deemed guilty of that offence if he proves that such offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(1) The Authority may where it has reason to believe that any goods that are being sold do not conform to the standards and specifications laid down under section 12 of this Act

(2) It shall be the duly of the officer who obtained the sample to forthwith submit it to an approved analyst for purpose of determining whether such goods conforms to the standards and specifications laid down under section 12, and the said approved analyst may, except in exceptional circumstances, submit his report to the Authority within a period not exceeding one month of the receipt of the sample.

(3) On receipt of the report of an approved analyst, the Authority shall

(4) Where any goods or consignment of goods are seized and detained under paragraph (b) of subsection (3) from any manufacturer or trader as the case may be, such manufacturer or trader shall be guilty of an offence under this Act.

(5) In a prosecution for an offence under this section, a certificate issued .under the hand of an officer authorized by the Director-General in writing to analyze any goods for the purpose of this section, staling the ingredients or the composition of the goods in relation to which the offence is alleged to have been committed, shall be admissible in evidence and shall be prima facie proof of the statements made therein

(6) A prosecution for an offence under this section shall not be instituted except by or with the written sanction of the Director-General.

(7) For the purpose of this section, an "approved analyst" means a person who is qualified to perform such function and approved by the Director-General.

(1) Where in a conviction for an offence under subsection (4) of section 61 it is proved that the non conformity with the standards and specifications has rendered the goods or consignment of goods unfit for any use or for consumption, then

the court shall order that such goods or consignment of goods he forfeited to the Stale to-be destroyed in such manner as the court may direct.

(2) Where in an action for an offence referred to in subsection (1), the accused is acquitted for the reason that it was not proved to the satisfaction of the court that the nonconformity with the standards and specifications has rendered the goods or consignment of goods unfit for any use or consumption, then

the court shall order the release of goods or consignment of goods seized.

(a) against the Authority for any act which in good faith is done or purported to be done by the Authority under this Act: or

(b) against any member Director-General, Director. Deputy Director, Assistant Director, officer, servant or adviser of the Authority or any member of the Council, for any act which in good faith is done or purported to be done by him under this Act or on the directions of the Authority or the Council as the case may be.

(1) Any expense incurred by the Authority in any suit or prosecution brought by or against the Authority before any court, shall be paid out of the Fund of the Authority, and any costs paid to or recovered by the Authority in any such suit or prosecution, shall be credited to the Fund of the Authority.

(2) Any expenses incurred by any member. Director-General, Director, Deputy Director, Assistant Director, officer, servant or adviser of the Authority or any member of the Council in any suit or prosecution brought by or against such person before any court, in respect of any act which is done or purported to be done by such person under this Act or on the directions of the Authority or Council shall, if the court holds that such act was done in good faith, be paid out of the Fund of the Authority, unless such expenses are recovered by him in such suit or prosecution.

(a) public servants within the meaning of, and for the purposes of the Penal Code ; and

(b) public servant within the meaning of section 136 of the Code of Criminal Procedure Act, No. 15 of 1979 for the purpose of instituting proceedings in respect of offences under this Act.

(a) to the person who provided the information leading to such conviction or the seizure and forfeiture of such goods ; and

(b) to any person who was concerned in the detection of such offence or effecting the seizure and forfeiture of such goods,

(1) The Minister may make regulations in respect of any matter required by this Act to be prescribed or in respect of which regulations are authorized by this Act to be made.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations in respect of all or any of the following matters :

(3) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in such regulation.

(4) Every regulation made by the Minister shall as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the dale of such disapproval, but without prejudice to anything previously done thereunder.

(5) Notification of the date on which any regulation made by the Minister is deemed to be rescinded, shall be published in the Gazette.

(1)

(2)

(3) The Control of Prices Act, (Chapter 173) is hereby repealed.

(a) makes any article or any goods ;

(b) assembles or joins any article, or any goods whether by chemical process or otherwise ;

(c) adapts for sale any article or any goods ;

(a) banking, financing, insurance, shipping and entertainment;

(b) the construction, production, manufacture, supply, storage, maintenance, repair, treatment, cleaning, processing or alteration of goods

(c) services in connection with the import, export 1 or distribution of goods ;

(d) the transportation of goods and passengers ;

(e) the cleaning of buildings and building premises ;

(f) the sale and supply of any utility services including electricity, water, gas and telecommunication ;

(g) the provision of information technology and communications ;

(h) professional services such as accounting, auditing, legal, medical and health, surveying, architecture and engineering.

(a) sells or supplies goods wholesale to other persons ;

(b) sells or supplies goods at retail rates to consumers ;

(c) imports goods for the purpose of sale or supply ;

(d) provides services for a consideration.