Chapter-4 Prohibited Activities

Chapter-4 Prohibited Activities

  1. Not to conduct unfair trade and business activities: (1) No one shall conduct or cause to conduct unfair trade and business activities.

                        (2) For the purpose of sub-section (1), if any of the following activities is conducted, an unfair trade and business activity shall be deemed to have been taken place:

  (a)        selling or providing the goods or services by lying, concealing, hiding or misleading the actual quality, quantity, price, measurement, format or composition etc. of such goods or services,

    (b)        releasing false or misleading advertisement, or selling the goods by making misleading advertisement,

   (c)        doing any of the following acts through oral, written or visual means in the case of goods or services:

  (1)        selling sub-standard goods by showing standard, quality, quantity, class, composition, design as if having specialty or quality,

  (2)        selling re-produced or old goods showing or misrepresenting that they are new one,

   (3)        advertising or notifying and disseminating, in false and misleading manner, while selling the goods or services even when no benefit is obtained as declared,

 (4)        claiming, guaranteeing or selling any goods through consumption or use of such goods without factual ground.

     (d)       determining price in a manner to shift burden upon the consumer price on the ground different than the ground of actual cost of any goods or services, or fixing the price by including the cost of any contest, lottery, occasion, or selling at such price,

 (e)        determining price by including the price or cost of other goods to be obtained as donation, gift or without charge upon the price of any goods or service, or selling such goods or service at such price,

     (f)        producing, mixing up or supplying or transporting or hoarding or selling the goods so as to become less or more than the quality or standard in any goods or service, or to inflict harm and injury upon the consumer from the use of such goods or service,

 (g)        creating artificial shortage of, hoarding or selling, any goods,

    (h)        selling the goods by including the price of goods destroyed by defective product or the price of goods contracted in the course of business transaction in the cost price of other goods,

 (i)         producing or importing fake goods or selling such goods to displace any goods,

 (j)         refusing to issue bill or invoice of the sold goods or service, or not issuing bill or invoice, or demanding additional amount while issuing bill, invoice,

(k)        using poison or any chemical so as to inflict harm and injury upon the consumer while using any goods, or selling the goods so used,

 (l)         selling the already expired goods by affixing new label on such goods which is not consumable or is not supposed to be used,

  (m)       importing, producing or selling sub-standard goods which cannot be used,

  (n)        providing service without specifying the price, quality of service, venue and time to provide service by a professional service provider,

  (o)        selling so as to become contrary to sub-section (1) of Section 17 in collusion with the producer, importer, carrier, hoarder or seller or such person and other person, organization and institution,

   (p)        selling or providing by setting up levels or series more than the business level prescribed while selling or providing any goods or services,

  (q)        selling without fulfilling the structure, measurement or standard if any, prescribed for selling or providing any goods or service.

  1. Not to cause adverse impact on demand, supply or price: (1) No one shall sell, distribute or transport or hinder the sale and distribution of any goods by taking profit higher than that prescribed and over the cost invested in the production, import, transport, hoarding or sale and distribution of that goods.

                        (2)        No one shall cause adverse impact on the demand, supply or price of any goods or service by doing any of the following acts, in association with any person, institution or anyone else:

    (a)        determining quota of the raw materials required for the manufacture of any goods, or reducing the production of any goods or doing any other such work,

    (b)        creating artificial shortage by hoarding any goods or service or by any other manner,

    (c)        selling the goods or service at the determined time or place only or doing other acts of similar nature.

  1. Other act not to be done regarding goods or service: No one shall do or cause to be done any of the following acts, regarding any goods or services:

  (a)        producing, selling or importing sub-standard goods knowingly,

   (b)        selling any goods or services by lying or deceiving that the goods or services are other goods or services and stating high standard goods for low standard goods or services,

 (c)        producing or selling the goods or service that cause adverse impact upon the health of consumer,

 (d)       affecting the price and supply system by creating shortage of the goods by accompanying with businesspersons or business groups in order to manufacture, import or sell various goods of the same nature,

(e)        operating service by adopting a circle system, quota system, rotational system, trip system or token system, in cooperation with more than one business persons or business groups that provide any service of the same nature,

                         (f)        making a provision requiring to purchase other goods too, while purchasing any goods.