consumer protection legislation

HELLO EVERYONE

By Krishna Gupta

PRESENTATION

Consumer Protection Legislation

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Contents

1. Black Market and Some Social Crime and Punishment Act, 1997.

2. Food Act, 1966.3. Nepal Standards Act, 1980.4. Consumer Protection Act, 1999.5. Copyright Act, 20026. Patient, design and trademark Act,

(PPDTA)

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Consumer Protection Legislation

BLACK MARKET & SOCIAL CRIME ACT

FOOD ACT

NEPAL STANDARD ACT

CONSUMER PROTECTION ACT

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BLACK MARKET ACT 1997

It is not a physical place rather than economic activity in which merchandise services are bought and sold illegally.

It is also termed as underground market.

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International crime affecting US interest.Terrorism. Drug trafficking.Alien smuggling.Trafficking in women and children.Sensations violations.Arms trafficking.

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Some of them are listed below :

SOME PUBLIC(CRIME AND PUNISHMENT ACT)1997

An act made to control some public crimes and to provide punishment to maintain peace and order in different

parts of Nepal and in order to maintain convenience,good conduct and morality

of general public.

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RULES UNDER THE ACT1. Prohibition to commit some public crime

To break public peace by committing riot in any public place

To break public peace or to make obscene show by using obscene speech , word or gesture in public place

To damage any public or private property by committing riot or pelting stone or by any other way….

To cause undue hindrance in the regular operation of postal service , communication , transportation , etc.

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To insult women in public place by committing molestation(Hatapata)

To threat or scold or tease or to commit any undue act or to express any undue thing to anyone through telephone , letter , etc.

To commit any act or express anything, which causes intimidation or terror in general public and breaks public peace, by entering or not entering in any public gathering, assembly or demonstration; or to show weapon.

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2.Power to arrest: The police staff may arrest the person without a warrant if he/she finds him/her on the spot committing any of the crimes mentioned in (1).

3.Limitation to file a case : Any case under this act shall be filed within a period of seven days from the date of the commission on an offence.

4.Adjudicating authority and procedure5.Penalty6.Government of Nepal to be plaintiff7.Case may be filed under prevailing condition

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FOOD ACT-1996 “An Act made to maintain purity in foodstuffs” "Foodstuffs" means the produced, processed,

semi-processed or raw foods or drinks which human beings generally consume or drink and this word also includes the spices, food additives, color to be used in foodstuffs or drinks.

His Majesty the King Mahendra Bir Bikram Shah Dev has enacted this Act on the advice and with the consent of the Rastriya Panchayat.

Food Act is legislation for protection of health of general public.

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This act prohibits the selling, disturbing, storing and producing any food item that is below the quality prescribed in the Rules framed under this Act.

The act prevent consumer health against adulterateration, undesirable actions, sub-standard foodstuffs.

Food act grants authority to chief District Officer to take cognizance, jurisdiction and action against violators.

Conti….

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Nepal Standard Act,1980(2037)

Nepal standard Act, 1980 is an act made for the arrangements for determining the standard of any goods for the welfare of the public and for the use of the marks certifying the standard on such goods. It was enacted in sept.11, 1980 and was later amended on oct.26,1988 for the first time and on may 30,1991 for the second time. Nepal Council of Standard was established as per the requirement of this act. Nepal Bureau of Standard was also established for the purpose of implementing the objectives of this act.

Introduction:

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Functions, Duties and Powers of the Nepal Council of standard:

• To determine standards in relation to any goods, service and process,

• To recognize standards prescribed by any local or foreign institution,

• To grant recognition to any governmental or nongovernmental laboratory for the purpose of determination of standards or tests, or suspend or cancel recognition which has once been granted,

• To prescribe the design and form of certificate of standard and of the certification mark.

• To prescribe fees for certificate of standards and certification mark and for services. • By Group D

Nepal Bureau of Standard (N.B.S): To execute the decision of the council i.e. for

the purpose of implementing the objective of this act Nepal Bureau of Standard was established in 1982.

Functions, Duties and power of N.B.S :• To issue licenses for the use of certification

marks or certificates of standards after standards have been prescribed by the Council,

• To appoint or designate inspectors• By Group D

• To inspect or arrange for inspection in connection with promotion of the standard of any goods, process, or service, and provide technical advice and directives,

• To renew, suspend or cancel licenses,• To conclude agreements prescribing

necessary conditions before issuing licenses,

• To perform the administrative functions of the Council.

Conti….

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Some contents of standard act:• Power to Delegate Authority,• Right to use certification mark,• Prohibition to make improper use of

Certification Mark,• Prohibition to use similar names to

those of council or office,• Power to prescribe standard of good

concerning public health and services,

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• Power to Prescribe Standards of Goods Meant for Export or import,

• Inspectors,• Penalties,• Power to frame rules.

Conti….

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Consumer Protection Act 1999• It is most comprehensive legislation in

the country for the protection of consumer’s rights

• A central consumer protection council formulates programmes and policies to protect the interest of general consumer

• All the operational level, the CDO empowered to hear and settle the disputes and determine compensation

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The following are the rights that are mentioned

in the Consumer Protection Act 1999: Rights to protect life, health and property from harmful

consumer goods Right to be informed about price, quantity and quality

of consumer goods to get protection from malpractice Right to be assured of the selection of goods in the

competitive prices Right to be assured of hearing by appropriate authority

on the protection of the interest of consumer Right to hearing and compensation Consumer education

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Copyright Protection in Nepal

Introduction

“Copyright Act, 2059 (2002)”

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Silent features

Protectable subject matter: Book, pamphlet, article, thesis, computer

programmes design, photography, painting, music and so on.

Non- protectable subject matter: Any thought, religion, news, method of

operation, concept, principle, court judgment, and so on.

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Conti….Economic Benefits:

Reproduction, Transaction, Revision , Change in the form, sales and renting of works.

Term of copyright:Life of author + fifty years after death.

Use of the copyright without permission:Personal, Reference, Teaching, Library purpose

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Unauthorized Publication: Selling copies for economic gain without permission. Gain advantage from the prestige of other’s work

through advertisement or publication. Create work by changing the structure or language of

other’s work for economic gain. Import of unauthorized publication is banned.

Penalty: Fine ranging from Rs 10,000 – Rs 1,00,000 or Six months imprisonment or both have been prescribed for unauthorized publication.

Conti….

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Conclusion: Lacks effective implementation.

Till 1998, a total of 189 books, 204 audio cassettes, 5 films and 9 painting were registered for copyright.

Conti….

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Patent ,design, & trade mark

Act 1965

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Patent• Acquisition of patent rights• Application for acquiring right over

patent• Investigation by the department• Circumstances in which patents can

not be registered• Registration of patents• Term of patent

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Trade mark• Acquisition of title trade mark• Application for registration of trade

mark• Registration of trade mark• Classification of goods and services

for trade mark registration• Punishment for illegal use of trade

mark

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Special Thanks to

And my Group Members

Vipra Jha Ekraj Koirala

Krishna GuptaBikash SharmaRupesh Niroula

Samiksha MainaliSushmita Khadka

Lect. Bhabisya Misra

All the viewers