Consumer protection legislation

1. HELLO EVERYONE

2. By Krishna Gupta
PRESENTATION

3. Consumer Protection Legislation

4. 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, 2002
6. Patient, design and trademark
Act,(PPDTA)

6. 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.

7. Continue….
International crime affecting US interest.
Terrorism.
Drug trafficking.
Alien smuggling.
Trafficking in women and children.
Sensations violations.
Arms trafficking.
Some of them are listed below :

8. 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.

9. RULES UNDER THE ACT
1. 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.

10. 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.
Continue….

11. 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 procedure
5.Penalty
6.Government of Nepal to be plaintiff
7.Case may be filed under prevailing condition

12. 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.

13.  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….

14. 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.

15. 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.

16. 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

17. • 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….

18. 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,

19. • Power to Prescribe Standards of
Goods Meant for Export or import,
• Inspectors,
• Penalties,
• Power to frame rules.
Conti….

20. 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

21. 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

22. Copyright Protection in Nepal
Introduction

23. 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.

24. 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

25. 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….

26.  Conclusion:
Lacks effective implementation.
Till 1998, a total of 189 books, 204 audio
cassettes, 5 films and 9 painting were
registered for copyright.
Conti….

28. 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

29. 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

30. Lect. Bhabisya Misra
All the viewers