36D. Powers which may be exercised by the commission inquiring into an unfair trade practice.

(1) The Commission may inquire into any unfair trade practice which may come before it for inquiry and, if after such inquiry, it is of opinion that the practice is prejudicial to the public interest, or to the interest of any consumer or consumers generally, it may, by order direct that -

(a) the practice shall be discontinued or shall not be repeated;

¹[ * * * ]

(b) any agreement relating to such unfair trade practice shall be void or shall stand modified in respect thereof in such manner as may be specified in the order;

²[(c) any information, statement or advertisement relating to such unfair trade practice shall be disclosed, issued or published, as the case may be, in such manner as may be specified in the order.]

(2) The Commission may, instead of making any order under this section, permit any party to carry on any trade practice, if it so applies and takes such steps within the time specified by the Commission as may be necessary to ensure that the trade practice is no longer prejudicial to the public interest or to the interest of any consumer or consumers generally, and, in any such case, if the Commission is satisfied that necessary steps have been taken within the time so specified, it may decide not to make any order under this section in respect of that trade practice.

(3) No order shall-be made under sub-section (1) in respect of any trade practice which is expressly authorised by any law for the time being in force.

Note:

1.   The word "and" omitted by Act No. 58 of 1991.

2. Inserted by Act No. 58 of 1991, w.e.f. 27th. September, 1991.