Sri Lanka Consolidated Acts

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Consumer Affairs Authority Act (No. 9 of 2003) - Sect 73

Repeal of Consumer Protection Act, No. 1 of 1979. Fair Trading Commission Act. No. 1 of 1987, Control of Prices Act, (Chapter 173) and savings

73.
(1)
(a) The Consumer Protection Act, No. I of 1979 is hereby repealed.
(b) Notwithstanding the repeal of the aforesaid Act
(i)
(ii) all moneys lying to the credit of the Consumer Protection Fund established under section 33A of the repealed Act on the day immediately prior to the date of commencement of this Act, shall stand transferred with effect from that date, to the Fund established under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(iii) every regulations made by the Minister under section 34 of the repealed Act and in force on the date of commencement of this Act and which is not inconsistent with the provisions of this Act. shall be deemed to be regulations made under this Act, and may accordingly be amended, added to or rescinded, by regulations made under this Act;
(iv) all suits and prosecutions instituted under the repealed Act by or against the Attorney-General as representing the Department of Internal Trade in his official capacity, in any court or tribunal and pending on the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) ail 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 No. 1 of 1987 is hereby repealed.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(i) all moneys lying to the credit of the Fund established under section 30 of the repealed Act, on the day immediately prior to the date of commencement of this Act.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 dale 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 dale 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 dale 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 dale of commencement of this Act
(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.


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