Family Economics And Consumer Education 3 (2+1)

Lesson 22: Consumer Protection laws

Some Of The Consumer Protection Acts are

1. Indian Standards Institution (Certificate Marks) Act 1952

This act promulgated in 1952 was amended in 1961. This body was named the Indian Standards Institutions (ISI) and came under the preview of the ISI certification marks Act 1952. Its function was to provide standards of quality control for various raw materials, products practices and processes.
In 1987 the organization was renamed as Bureau of Indian Standards (BIS) Act-1986.
The Indian Standards are now set by the BIS although the certification mark still used on products is ISI, so that manufacturers /consumer is not confused as a result of change in the name of organization. The Act prohibits improper use of “ISI” mark. Officers are authorized by the Act to search and seize incase of reasonable doubt about standard marks measure.

2. Fruit Products order (1955)
The Act provides for compulsory licensing of manufacturers of fruit and vegetable products to ensure minimum standards relating to quality, packing, labeling and marketing periodic inspection and testing of sample is done.

3. The Agricultural Produce (Grading) marketing Act (1977)
This act stipulates that products like pure ghee, eggs etc should be graded. Graded foods are stamped with the official seal of AGMARK. Test of the agricultural products is made by quality control labs of different places.
4. Central Packaged Commodities (Regulation) order (1975)
The order stipulates for enlightening consumers on the contents, weights, price, month of manufacture and the name of the manufacture of several packaged commodities for retail sale.

5. Essential Commodities Act (1955):
The Act governs the production, procurement and distribution of all essentials commodities. The Act amended in 1974 and stipulates quick and effective action against antisocial practices carried by hoarders and black marketers.

6. Monopolies and Restrictive Practices Act (1969)
This has been amended in 1984 to safeguard consumers. They class to taking action against
1. False or misleading statements and publications of false and misleading advertisements relating to bargain sales.
2. Conducting and contest , lottery or game price scheme of chances or skill with the aim of sales production and not offering as promised
• Supply of goods not complying with standards as laid down by competent authorities
• Raising prices of goods by hoarding and creating shortages.
3. Manufacturers to prove correctness of their claims about their products.
4. Consumers associations to complain against unfair trade.
5. Monitor compensation to aggrieved consumers to be awarded.
7. The Drugs and Magic Remedies Act or Objectionable Advertisement Act (1954)
This act prohibits advertisements of drugs for certain diseases like blindness, heart diseases etc.

8. Prevention of Food Adulteration Act (PFA) 1954
Food is an essential need of consumers regardless of social/economic status. The Government has therefore enacted legislation to safe guard the life and health of the people.
The PFA Act protects consumers against adulterated and contaminated food, by laying down the guide lines for setting up standards for various food items-The PFA standards.

The Act provides punishment against food adulteration which are hazardous and dangerous.

9. The Dangerous Drug Act 1970
This Act empowers government to control sale, supply and distribution of drugs which are injurious and dangerous to life of consumers.

10. The Prevention of Black Marketing or Maintenance of Supplies of Essential Commodities Act 1980
The act curbs black marketing and maintains the supplies of essential commodities to the consumer. Offenders are strictly punishable under this act.

11. The Standards of Weights and Measures Act 1976
This Act was the result of governmental efforts to introduce uniform standards for weighing and measuring commodities to protect consumer interest.
The Act provides for
1. Establishment of an International system of units (Metric) for weighing and measuring.
2. Formulation of specifications for weights, measures and equipments used for weighing and measuring.
3. Approval of models of equipments before they are manufactured.
4. Regulation of procedure for verification and stamping of weights and measures sent from one state to another.
5. Establishment of an institute to provide training in legal metrology or for carrying out research in allied branches.
6. Regulation of packaged commodities sold in the course of inter –state trade

Under these rules, every package for retail sale must carry the following information on the package directly or on an affixed label;

1. The common name of the product in the package.
2. The name and address of the manufacturer /packer.
3. The net weight of the content.
4. Manufacturing /packaging date with month and year except in the case of certified specific commodities like liquid milk, bread, butter, ice-cream, fresh unbanned vegetables, fruits and the like products.
5. The sale price printed in the form of maximum Retail price (MRP). All the printed matter should be clear, legible definite and not vague and misleading.
6. The packs should offer qualities specified in the rules.
12. The Trade Merchandise Marks Act 1954
The Act provides for punishment for violation of the provisions of the Act relating to trade marks.

13. The Consumer Protection Act 1986
The Act ensures quick action and inexpensive arbitration on consumer complaints.
i The Act provides for establishment of consumer councils at central and state level for protecting consumer interests and rights.
ii The Act provides establishment of other authorities for settlement of consumer disputes through consumer redressal agencies viz
• Consumer Disputes Redressal Forum
• As the District Forum by the state Government at each district with prior approval of central government.
• State commission to be established at the state level and National consumer Disputes Redressal Commission established by the central Government by Notification.
• District Forum entertains complaints where the value of goods or services and compensation, if any , claimed is less than Rs 1 lakh.
• State commission will look into complaints of claim of Rs 1-10 lakhs and hear appeal against District Forum.
• National Commission receives complaints where the value of goods and services exceeds Rs 10 lakhs.

There is provision for imprisonment and fine also in the Act (for 1 month to 3 years) or with fine not less than Rs 2000/- or with both.

14. The AIR (Prevention and Control of Pollution) Act 1981

This Act provides for the prevention, control and removal of pollution from the air we breathe, contravention of any of the provision is liable for punishment and fine.

15. The Environment Protection Act-1986

Any complaints made by the public to the Government about the pollution, problems has to be acted upon within 60 days. If not, the complaint can go to court against the body under complaint as well as the Government, state or control as the case may be.
*If any solid, liquid or gas is present in the environment which is injurious to health, stringent penalties are imposed.
Punishment of violation of the Act can lead to 5 years imprisonment and one lakh rupees fine or both.

16. Standards of Weights and Measures (Enforcement) Act 1985

This Act was passed by parliament for the purpose of uniformity in the enforcement of the standards of weights and Measures Act. 1976.
It provides for more effective protection to consumers and covers all measuring instruments used in buying and selling, industrial production and those used for human health and safety. The Act contains provisions to defer offenders especially those indulging in under weight.

17. Electrical Appliances (Quality Control) Order, 1988
In May 1976, the government first notified the household electrical appliances (Quality Control).Order bringing 55 electrical items under compulsory quality control. The order was to come into effect from November that year, but under pressure from the industry, the government reduced in October, the number of items under compulsory quality control to 41. It also changed the date of implementation twice, giving manufacturers more time to improve the quality of their goods. Then in 1981, it issued another notification to bring down the number of items to 40.