44. In this Act, unless the context otherwise requires-"Act" means an Act of parliament ;"annual report" means annual report prepared under section 37 :"Central Environmental Authority" means the Central Environmental Authority established by the National Environmental Act, No. 47 of 1980 :"Chairman" includes the Deputy Chairman appointed under section 8 (6) :"connected person" in relation to any person means a spouse, child, brother or sister of that person :"Constitutional Council" means the Constitutional Council established under Article 41A of the Constitution of the republic of Sri Lanka :"Consumer" means any person who buys or avails of any goods or services, as the case may be, for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes-
| (i) any user of such goods or beneficiary of such services other than the person who buys or avails of such goods or services, as the case may be, for consideration paid or promised, or under any system of deferred payment when such use is made or services are availed of with the approval of the first mentioned person ; |
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| (ii) any prospective buyer or beneficiary of such goods or services, as the case may be ; |
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"Financial year" means the calendar year :"industry Act" means an Act that governs any specific public utilities industry the regulation of which is vested in or assigned to the Commission :"Minister" means the Minister in charge of the subject of policy Development and implementation :"notice" means notice in writing :"prescribed' means prescribed by the Minister or Commission, as the case may be, by regulation :"prescribed percentage" in relation to the provision of a utility network or utility services means the greater of forty per centum or the percentage prescribed, if any, by regulations made by the Minister in charge of the subject of Commerce ;"public utilities industry" for the purpose of this Act, means any public utilities industry the regulation of which has been vested in or assigned to the commission ;"regulated entity" means a company or undertaking which, subject to the provisions of any industry Act, is engaged in the provision of public utilities services under a valid licence, exemption, concession, or contract granted by the Commission ;"relevant Act" means the Consumer Protection Act, No. 1 of 1979, the Fair Trading Commission Act, No. 1 of 1987 and the Control of prices Act (Chapter 173) or any Act replacing any of them, or such other Act containing equivalent competition regulation provisions for industries other than the public utilities industries ;"Telecommunication regulatory Commission" means the Telecommunication Regulatory Commission established by the Sri Lanka Telecommunications Act, No. 25 of 1991 ; "unfair trade practice" means a trade practice which for the purpose of promiting the sale, use or supply of any goods or for the provision of any service adopts an unfair or deceptive practice including any of the following practices, namely-
| (1) the practice of making any statement, whether orally or in writing or by visible representation which-
| | (a) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model ; | | |
| | (b) falsely represents that the services are of a particular standard, quality or grade ; | | |
| | (c) makes a false or misleading representation concerning the need for, or the usefulness of any goods or services; | | |
| | (d) gives false or misleading facts disparaging the goods, services or trade of another person ; and | | |
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| (2) permits the sale or supply of goods intended to be used, or are of a kind likely to be used, by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by any industry Act or any regulation made thereunder relating to performance, composition, contents, design, construction, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods ; |
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"Urban Development Authority" means the Urban Development Authority established by the Development Authority law,No.41 of 1978. - |
Sri Lanka Consolidated Acts