Mauritius
Consumer Protection (Price and Supplies Control) Act
Act 12 of 1998
- Commenced on 7 September 1998
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Consumer Protection (Price and Supplies Control) Act.2. Interpretation
In this Act—"anhydrous ethanol" has the same meaning as in the Excise Act;"authorised officer" means a person designated by the Permanent Secretary under section 22;"certificate" means a certificate of registration granted under section 10;"Code of Practice" means the Code of Practice relating to the methods to be adopted in connection with the determination of maximum recommended retail prices and including—(a)the terms and conditions, including the maximum recommended retail price, on which or subject to which goods are supplied;(b)the manner in which those terms and conditions are communicated to consumers;(c)the way in which goods are packed, bottled, canned, labelled, marked or otherwise prepared for the purpose of being supplied;"consumer" means a person to whom goods are supplied;"controlled goods" means the goods specified in the First and Second Schedules;"cost price" means the price of any controlled goods calculated in such manner as shall be prescribed;"Court" means the Profiteering Court, the Intermediate Court or a District Court;"goods" means any article which may be the subject of trade or business;"information" includes accounts, estimates, returns, records, books or documents whether kept by electronic or other means;"mark-up" means such amount or percentage added to the cost price of any controlled goods;"Minister" means the Minister to whom responsibility for the subject of consumer protection is assigned;"Permanent Secretary" means the Permanent Secretary of the Ministry responsible for the subject of consumer protection;"Profiteering Court" means the Profiteering Division of the Supreme Court established under section 29;"supply", in relation to goods—(a)means any transaction by way of trade, whether for money or for money's worth;(b)includes supply by way of sale, lease, hire, hire purchase or credit sale;(c)includes an offer to supply, exposure for supply or being in possession for supply;"trade" means the manufacture, production, distribution, sale, transfer, import, export, use or other dealing in goods;"trader"—(a)means a person engaged in any trade;(b)includes the employee or agent of any such person;"VAT" has the same meaning as in the Value Added Tax Act.[S. 2 amended by s. 6 (a) of Act 14 of 2005 w.e.f. 21 April 2005; s. 9 (a) of Act 38 of 2011 w.e.f. 15 December 2011.]Part II – Price control
2A. Interpretation of Part II
In this Part—"exempt supply" has the same meaning as in the Value Added Tax Act;"registered person" means a person registered under the Value Added Tax Act;"taxable supply" has the same meaning as in the Value Added Tax Act.[S. 2A inserted by s. 11 (a) of Act 9 of 2015 w.e.f. 1 July 2015.]3. Maximum price
4. Maximum mark-up
5. Maximum recommended retail price
6. Illegal charging of VAT
A trader who, whilst selling or supplying any goods—7. Price label
8. Selling at a price higher than that displayed
9. Misleading price indication
Any registered person or other trader who gives, by any means whatever, to any consumer an indication which is misleading as to the price at which any goods are sold or supplied shall commit an offence.[S. 9 amended by s. 11 (d) of Act 9 of 2015 w.e.f. 1 July 2015.]Part III – Prevention of hoarding
10. Registration of warehouses
11. Certificate of registration
12. Restriction on storage
13. Prohibition on storage
A trader who keeps any goods specified in the Third Schedule on any premises other than—14. Restriction on removal
15. Notice of warehouse
16. Closure of premises
17. Duty to expose
18. Goods that cannot be exposed
19. Refusing to sell
A trader who refuses to sell—20. Obligation to keep records for purposes of costing and mark-up
21. Duty to produce register
Part IV – Powers of authorised officers
22. Authorised officers
The Permanent Secretary may designate any public officer to be an authorised officer for the purpose of ensuring that the provisions of this Act are being complied with.23. Power of search
For the purpose of ensuring that the provisions of this Act are being complied with, an authorised officer may at all reasonable times enter any premises or place where any trade is carried on or anything is done in connection with the trade and examine any goods.24. Inspection of documents
25. Seizure
An authorised officer may seize and detain any goods—26. Warrant
The Magistrate may issue to an authorised officer for the discharge of his functions under this Part, a warrant in the prescribed form for—27. Return of goods and documents
No goods or documents shall be seized under section 25 or 26 unless such seizure is reasonably necessary for any examination or investigation and any goods or documents so seized shall be returned to the person from whom they were seized when no longer required.28. Protection from liability
No liability, civil or criminal, shall attach to the Permanent Secretary or an authorised officer in respect of anything done in good faith in the exercise of his powers under this Act.Part IVA – Import and export of goods
[Part IVA inserted by s. 11 (e) of Act 9 of 2015 w.e.f. 14 May 2015.]28A. Interpretation of Part IVA
In this Part—"Director-General" has the same meaning as in the Mauritius Revenue Authority Act;"effective date of receipt", in relation to an application, means the date on which all the information, particulars and documents specified in the application form or guidelines are submitted;"guidelines" means guidelines issued by the Ministry or Government agency concerned—(a)setting out the requirements, the applicable law and the procedure for an application for a permit, licence, approval, authorisation or clearance;(b)available for consultation at the Ministry or Government agency; and(c)posted on the website of the Ministry or Government agency.[S. 28A inserted by s. 11 (e) of Act 9 of 2015 w.e.f. 14 May 2015.]28B. Import or export permit
Part V – Prosecution before Court
[Heading repealed and replaced by s. 6 (d) of Act 14 of 2005 w.e.f. 21 April 2005.]29. Jurisdiction of Courts
30. Procedure of Court
31. Offences and penalties
32. Powers of Court
Where a person is convicted of an offence under this Act, the Court may, in addition to any penalty imposed, order—33. Appeal
34. Rules
The Chief Justice may make rules to regulate the practice and procedure of the Profiteering Court and of appeals from its decisions.[S. 34 amended by s. 6 (i) of Act 14 of 2005 w.e.f. 21 April 2005.]Part VI – Miscellaneous
35. Regulations
36. Powers of Minister
The Minister may disregard any document where he is satisfied that the value of any article as stated in the document is not the true value of the article at the time and place of exportation.37. ***
38. ***
39. ***
History of this document
30 June 2017 this version
Consolidation
07 September 1998
Commenced