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As enacted
Contents

Part VII · General

73. Repeal of Consumer Protection Act…

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

(a)

The Consumer Protection Act, No. 1 of 1979

is hereby repealed.

(b)

Notwithstanding the repeal of the aforesaid Act—

(i)

(aa)

every scheme of distribution published under section 3 of the repealed Act ;

(bb)

every general direction issued by the

Commissioner of Internal Trade under section 6 of the repealed Act ;

(cc)

every standard and specification determined by the Commissioner of

Internal Trade under section 8 of the repealed Act ; and

(dd)

every written agreement entered into by the

Commissioner of Internal Trade with any manufacturer, trader or any association of manufacturers or traders under section 10

of the repealed Act, and in force on the day prior to the date of commencement of this Act, shall be deemed to be a scheme published, direction issued, standard and specification determined and written agreement entered into by the Authority ;

(ii)

all moneys lying to the credit of the Consumer

Protection Fund established under section 33A of the repealed Act on the day immediately prior to the date of commencement of this Act, shall stand transferred with effect from that date, to the Fund established under this Act ;

(iii)

every regulations made by the Minister under section 34 of the repealed Act and in force on the date of commencement of this Act and which is not inconsistent with the provisions of this Act, shall be deemed to be regulations made under this Act, and may accordingly be amended, added to or rescinded, by regulations made under this Act ;

(iv)

all suits and prosecutions instituted under the repealed Act by or against the Attorney-General as representing the Department of Internal Trade in his official capacity, in any court or tribunal and pending on the day prior to the date of commencement of this Act, shall be deemed to be suits and prosecutions instituted by or against the Authority and may be continued accordingly ;

(v)

all decrees and orders entered or made by any competent court in favour of or against the Attorney-General as representing the Department of Internal

Trade in his official capacity and remaining unsatisfied on the date of commencement of this Act, shall be deemed to have been entered or made in favour of or against the Authority and may be enforced accordingly ; and

(vi)

all debts, obligations, assets and liabilities incurred and all matters and things engaged to be done by with or on behalf of the Department of Internal Trade shall be deemed to have been incurred, and engaged to be done by, with or on behalf of the Authority.

(2)

(a)

The Fair Trading Commission Act, No. 1 of 1987

is hereby repealed.

(b)

Notwithstanding the repeal of the aforesaid Act—

(i)

all moneys lying to the credit of the Fund established under section 30 of the repealed Act, on the day immediately prior to the date of commencement of this Act, shall be transferred to the Fund of the

Authority established under this Act ;

(ii)

all inquiries and investigations pending before the

Fair Trading Commission on the day prior to the date of commencement of this Act, shall be deemed to be inquiries and investigations pending before the

Authority under the provisions of this Act, and may accordingly be continued and concluded before such

Authority under the provisions of this Act ;

(iii)

all requests made under section 18 of the repealed

Act and all questions referred to the Fair Trading

Commission under the repealed Act and pending before such Commission, on the day prior to the date of commencement of this Act, shall be deemed to be requests made and questions referred to the

Authority under this Act, and may accordingly be inquired into and examined by the Authority under the provisions of this Act ;

(iv)

all orders made and reports submitted by the Fair

Trading Commission under the provisions of the repealed Act, shall be deemed to be orders made, and reports submitted by the Authority under the provisions of this Act ;

(v)

all suits and prosecutions instituted by or against the Fair Trading Commission in any court or tribunal and pending on the day prior to the date of commencement of this Act shall be deemed to be suits and prosecutions instituted by or against the Authority and may be continued accordingly ;

(vi)

all decrees and orders entered or made by any competent court in favour of or against the Fair

Trading Commission and remaining unsatisfied on the date of commencement of this Act, shall be deemed to have been entered or made in favour of or against the Authority as the case may be, and may be enforced accordingly ;

(vii)

every regulation made by the Minister under the repealed Act and in force on the date of commencement of this Act and which is not inconsistent with the provisions of this Act, shall be deemed to be a regulation made under this Act and may accordingly be amended, added to, or rescinded by regulations made under this Act ;

(viii)

all officers and servants of the Commission on the day immediately preceding the date of commencement of this Act—

(a)

who are offered employment with the

Authority and accepts such offer, shall be employed therein on such terms and conditions as are not less favourable than the terms and conditions of employment that were applicable to them on the day immediately preceding the date of commencement of this Act ; or

(b)

who are not offered employment with the

Authority or who are offered such employment and who do not accept such offer, shall be entitled to the payment of such compensation as may be determined by the Minister ; and

(ix)

all debts, obligations, assets and liabilities incurred and all contracts and agreements executed or entered into and all matters and things engaged to be done by, with or for the Fair Trading Commission shall be deemed to have been incurred, executed, entered into and engaged to be done by, with or for the

Authority.

(3)

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