(SB. 26) C000 CONSUMER PROTECTION COUNCIL (AMENDMENT) BILL, 2004 ARRANGEMENT OF CLAUSES. Clause:

Transcription

1 (SB. ) CONSUMER PROTECTION COUNCIL (AMENDMENT) BILL, 00 ARRANGEMENT OF CLAUSES C000 Clause: Part I Establishment and Composition of the Consumer Protection Council. Amendment of No. of. Amendment of Section. Insertion of Section A. Insertion of paragraphs (jj) and (kk). Amendment of Section. Substitution for Section. Substitution for Section. Substitution for Section A. Substitution for Section. Amendment of Section. Amendment of Section. Substitution for Section. Insertion of Section 0A. Amendment of certain words. Amendment of Section. Amendment of the schedule. Citation. Part II State Branch Offices, Duties, etc. Part III Appointment of Secretary and Other Staff Part V Legal Proceedings and Miscellaneous Provisions

2 C000

3 A BILL FOR C000 An Act to Amend the Consumer Protection Council Act No. of to Modify its Composition, Widen its Functions and Powers in Order to Provide for a Broader and More Effective Council; and for Related Matter 0 Sponsor: Senator Jonathan S. Zwingina. [ ] Be it Enacted by the National Assembly of the Federal Republic of Nigeria. The Consumer Protection Council Act, No. of (in this Act referred to as the Principal Act ) is amended as set out in this Act.. Section of the Principal Act is amended by substituting for the existing Section, a new Section Establishment composition of Consumer Protection Council.. () There is established a council to be known as the Consumer Protection Council (in this Act referring to as the Council ) which shall be a body corporate with perpetual succession and a common seal and with power to sue and be sued in its corporate name. () The Council shall have its principal office at the Federal Capital Territory, Abuja and a branch office at the capital city of each state of the Federation, and a Federal Unit at the Federal Capital Territory. () The Council shall consist of (a) a chairman (who shall be a person not employed in the public service) and shall be (i) a suitable qualified person by reason of his profession, academic or administrative qualifications or by his attainment in any field of human endeavour; (ii) appointed by the President, subject to confirmation Commencement. Amendment of No. of. Amendment of Section.

4 C No. Insertion of Section A. 0 0 Schedule Proceedings of the Council. by the Senate; and (iii) the chief executive officer of the Council; (b) thirty seven persons, not employed in public service, who shall (i) represent each state of the Federation and the Federal Capital Territory; (ii) be known as state branch coordinators, and Federal unit coordinators of the Council; (iii) be persons of unquestionable integrity and experience in matters relating to trade, commerce and industry; (iv) be recommended by the respective state Governor of each state of the Federation and as the case may be, the Minister of the Federal Capital Territory; (v) be appointed by the President subject to confirmation by the Senate; (c) four persons, not below the rank of a Director to represent each of the following Federal Ministries (i) Commerce, trade and tourism; (ii) Industries; (iii) Health; and (iv) Justice. (d) one representative of a voluntary consumer group or association for consumers. () A member of the Council, other than an ex officio member, shall not while holding office, hold any other office of emolument whether in private business or in the Federal or State Public Service. () The supplementary provisions contained in the schedule to this Act shall have effect with respect to the proceedings of the Council and other matters contained therein.. Insert section A immediately after the existing Section of the

5 0 0 Principal Act Tenure and removal from office A. () subject to Subsection () of this section, a member of the Council, who not an ex officio member (a) shall hold office for a period of four years from the date of his appointment and shall be eligible for re appointment for further term of four years and no more; (b) may resign his appointment by writing under his hand, a letter addressed to the President, and his membership shall terminate on the date of the receipt of his letter of resignation; and (c) shall be paid such remuneration and allowances as the Revenue Mobilization Allocation and Fiscal Commission may, from time to time, determine. () A member of the Council other than an ex officio member, may only be removed from office by the President acting on the recommendation supported by two thirds majority of the Senate for inability of such a member to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct. () Without prejudice to Subsection () of this section (a) any member who is absent from three consecutive meetings of the Council in any particular year shall file in explanation to the Chairman of the Council for consideration by other members of the Council, and if his explanation is not accepted by the Council; or (b) where the Council is satisfied that the continued presence on the Council of any member is not in the interest of overall objectives and functions of the Council, the Council may recommend to the President, through the Minister that the member be removed and to declare the office of that member vacant. () Any member appointed to any vacant position, resulting

6 Insertion of paragraph (jj) and (kk). Amendment of Section. Substitution for Section. 0 0 from the application of the provision of this section shall represent the same interest which the predecessor represented, and shall only complete the term which, if the predecessor had continued in office, he would have completed.. Insert immediately after the existing paragraph (i) of Section of the Principal Act the following new paragraphs (jj) and (kk) as follows (jj) carry on a regular research study and analysis of consumer products standard, and services rendered to consumer s and publish its observations, findings and recommendation in a quarterly journal for the benefit and general information of consumers; (kk) act generally to reduce the risk and injuries which may occur from consumption of certain consumer items and other services rendered to consumers.. () Insert immediately after the existing paragraph (e) Section of the Principal Act the following new paragraph (f), (g) (h) and (i) as follows (f) issue guidelines from time to time, for the control over food additives and dangerous herbicides and pesticides; (g) establish and maintain an injury information centre; (h) seeks compensation or redress for persons who suffer injuries and those who die from acts of negligence or professional incompetence from any surgeries or medicaments rendered to any patient by any person purporting to be medical practitioner, physician or pharmacist, as the case may be; (j) establish a special research unit to monitor and report on consumer products standards and services rendered to consumers in the market place and publish its observations, findings and recommendations in a quarterly journal for the benefit and general information of consumers; Composition of branch offices. () Renumber the existing paragraph (f) as paragraph (j).. Substitute for the existing Section, a new Section. () Each of the State branch offices and Federal unit established pursuant to Section () of this Act shall

7 0 0 comprise (a) the State branch coordinator appointed pursuant to Section () (b) of this Act who shall (i) be the head of the State branch office; (ii) coordinate the activities of the State branch office; (iii) disburse the funds of the State branch office; (iv) carry on the general administration of the State branch office and implementation of the functions of the council in the State or Federal Capital Territory, as the case may be, (b) a deputy state branch coordinator who shall be appointed by the Council; (c) such other members of staff as the Council may deem necessary to appoint from time to time for each State branch office, including persons on secondment or transfer from the public service of the Government of the Federation or of a State. () The Council may, if it considers it necessary for due and proper execution of the functions under this Act, appoint a secretary for each State branch office and the federal unit at the Federal Capital Territory. Duties. of Substitute for the existing Section a new Section State Branch. Each state branch office shall, subject to the general Office. direction and control of the Council, have responsibility to (a) initiate, on its own, and receive any, inquiry into the causes and circumstances of any product used or services rendered to such a consumer by any business enterprise, trading company, firm, manufacturing company or an individual; (b) carry on the role of arbiter between parties concerned in any dispute connected with the functions of the Council Substitution for Section.

8 Insertion of Section A. Substitution 0 0 for the purpose of bringing about a settlement; and (c) seek redress or compensation sought by any injured consumer or group of consumers from an offending body corporate or individual.. Insert Section A immediately after the existing Section of the Principal Entry Warrant Act Search and A. () Without prejudice to the provision of Section removal of articles, etc. of this Act, an inspecting officer may in the course of his duty only enter upon a building or premises, on the authority of an entry warrant issued by a Judge of the Federal High Court or by a Magistrate with jurisdiction in the area where the building or premises is situated. () The warrant shall only be issued if it appears to the Judge or Magistrate from information on oath that there are reasonable grounds to believe that an article or thing to which the subject of an inquiry by the inspecting officer is in such a building or premises. () Any warrant issued subject to the provision of Subsection () of this section shall (a) specify the article or thing being sought; and (b) be executed by day unless the person who issues it authorises the execution at another time which shall be reasonable. () Any inspecting officer executing any warrant issued pursuant to Subsection () of this section shall have regard for the right of (a) any person encountered in any such premises to respect and protection of his dignity; (b) a person to freedom and security; and (c) a person to his personal privacy. () An inspecting officer shall immediately before

9 0 0 commencing with the execution of a warrant (a) identify himself by displaying his certificate of designation to the person in control of the building or premises, if such a person is present, hand to such a person a copy of the warrant, or if such a person is not present, affix such copy to a prominent place on the premises; and (b) supply such a person at his request with particulars regarding his authority to execute such a warrant. () An inspecting officer at the request of the Council or the Minister may, without a warrant enter upon any building or premises, other than a private dwelling and search for, seize or remove any article or thing being sought for, if upon reasonable grounds such inspecting officer believes that (a) required warrant will be issued if he were to apply for it; and (b) delay caused by the procedure for obtaining any such warrant would defeat the object of the entry, search, seizure or removal. () A warrant obtained pursuant to the provision of this section, may be issued on any day and shall be in force until (a) it is executed; or (b) if it is canceled by the person who issued it, if such person is not available, by any person with like authority; or (c) the expiry of one month from the day of its issue; or (d) the purpose for the issuing of the warrant has lapsed, which ever may occur first. () Subject to the provision of this Act, no article or information obtained pursuant to the exercise of the powers granted to an inspecting officer in this section, shall be made public and no person except a member of the Council or the Minister shall have access to such article or information until

10 for Section. Amendment of Section 0 0 such a time as the chairman of the Council or the Minister determine that it may be made public. () A person who contravenes the provisions of Subsection () of this section commits an offence and is liable on conviction to a fine of not exceeding x0,000 or to imprisonment for term not exceeding months, or to both. Appointment. Substitute for the existing Section, a new Section of Secretary and other. () The Council shall appoint a secretary, who shall staff. (a) have such qualifications and experience as are appropriate for a person required to perform the functions of such an office under this Act; (b) issue notices of meeting of the Council as directed by the Chairman or the Council; (c) be responsible for preparing the minutes of the meetings of the Council; (d) be responsible for keeping and securing the books and records of the Council; (e) be the head of the staff of the Council at its principal office, and be responsible for the administration and the control of the employees of the Council with the approval of the Chairman; (f) receive payment on such terms and conditions of service as may be specified in his letter of appointment, and (g) perform such other duties as may be determined by the Council. () The Government of the Federation or of a State by the Council second certain category of officers in the public service of the Federation or, of a State to assist the Council in the discharge of its functions under this Act. () The Council may, if it deems it necessary to do so appoint persons not in the public service to perform such duties as the

11 0 0 Council may direct. () The remuneration and terms of office of other employees of the Council shall be as determined by the Council with the terms and conditions approved by the Government of the Federation for public officers.. Section (), line of the Principal Act is amended by inserting a full stop immediately after the word constitution and by deleting the words of the Federal Republic of Nigeria, as amended. Annual estimates, Accounts and Audit.. Substitute for the existing Section, a new Section. () The Council shall cause to be prepared not later than six months before the end of each financial year, an estimate of the expenditure and income of the Council during the next succeeding year and when prepared it shall be submitted to the office of the President through the Minister. () The Council shall keep proper accounts and records, and shall prepare in respect of each financial year a statement of account in such form as the Chairman shall direct. () The Council shall, as soon as possible, after the end of the financial year to which the accounts mentioned in Subsection () of this section relates, cause its accounts to be audited by qualified auditors appointed by the Council from the list of auditors and in accordance with the guidelines laid down by the Auditor General of the Federation. () The auditors shall on completion of the audit of the accounts of the Council for each financial year, prepare and submit to the Council, the following two reports (a) general report setting out the observations and recommendations of the auditors on the financial affairs of the Council for the year, and on any important matters which the auditors may consider necessary to bring to the notice of the Council; and (b) a detailed report containing the observations and (). Substitution for Section. Substitution for Section.

12 Insertion of Section 0A. Amendment of certain words. 0 0 Annual report. Act Legal proceedings, service of documents, etc. recommendations of the auditors on all aspects of the operations of the Council for that year.. Substitute for the existing Section, a new Section. In addition to any other report specified under this Act, the Council shall prepare and submit to the President and the National Assembly, through the Minister, not later than the last day of June of a financial year, a report on the accounts of the Council during the immediately preceding financial year, and shall include in that report a copy of the audited accounts of the Council for that year together with the auditors report.. Insert Section 0A immediately after Section 0 of the Principal 0A. () No proceedings against the Council a member, officer, or servant of the Council in his capacity as such, shall lie or be instituted in any court unless it is commenced within the twelve months following the act, neglect or default complained of or, in the case of a continuance of damage or injury, within the twelve month following the cessation. () No proceedings shall be commenced against the Council or against any member, officer or servant of the Council in his capacity as such until one month at least after there has been served on the Council by or on behalf of the intending plaintiff written notice of intention to commence the proceeding, stating the (a) cause of action; (b) particulars of the claim; (c) name and place of abode of the intending plaintiff and the relief claimed. () The notice referred to in Subsection () of this section and any summons notice or other documents required or authorised to be served on the Council may, except where there is express provisions to the contrary, be served by

13 0 0 (a) delivering it to the Chairman or the Secretary; or (b) sending it by registered post addressed to the Secretary at the principal office of the Council. () In any proceeding, the Council without prejudice to any other right of representation, may be represented at any stage of the proceedings by any member, officer or servant of the Council who is duly authorised in writing by the Council in that behalf. () Where judgement is awarded by a court against the Council to pay certain sums of money, it shall be paid by the Council from its fund.. The phrase State Committee in the Principal Act is amended by substituting for the words state branch office, whenever it appears in the Principal Act.. Section of the Principal Act is amended by (i) inserting in alphabetical sequence the interpretation of the following words that is Act means any law made by the National Assembly and includes any law which takes effect under the provisions of the Constitution as an Act of the National Assembly; Constitution means the Constitution of the Federal Republic of Nigeria, ; Federation means the Federal republic of Nigeria; Function includes power and duty; National Assembly means the Senate and House of Representative established by the Constitution; and President means the President of the Federal Republic of Nigeria. (ii) Substituting for the existing interpretation of the word Council thereof the following new interpretation therefore, that is Council means the Consumer Protection Council established pursuant to Section A () of this Act.. The Schedule to the Principal Act is amended by substituting for Amendment of Section. Amendment of the schedule.

14 Citation. the existing inscription of Section () opposite the word schedule, a new inscription Section ().. This Act may be cited as the Consumer Protection Council (Amendment) Bill, 00. Explanatory Memorandum This Bill seeks to amend the Consumer Protection Council Act No. of to modify its composition, widen its functions and powers in order to provide for a broader and more effective council.