Wednesday, March 13, 2019
Consumer Protection Law of Uae
Consumer Protection police force of UAE In United Arab Emirates a bracing federal consumer defense law has been promulgated. Under which a consumer defense committee formed to monitor the prices of consumer goods. The edible of the laws advocate the principle of florid competition and fighting monopoly and commercial fraudulence. The new legislation is complementing other laws concerning civic affairs, commercial fraudulence, commercial agencies, industry organization and trading in unique gems and metals.Disregarding either viands of these laws could lead to violation of other related laws and this itself is replete to ensure strict enforcements. The law no(prenominal) 6 of 2006 covers and tackles issues relating to the rights of consumer, responsibilities and liabilities and specifying penalties to be compel on people for selling substandard goods. Under the law, a consumer security measures higher committee willing be constituted under the chairmanship of the minist er of religion of deliverance. The delegacy will to a fault comprise of correctative of the Consumer Protection Societies.The Committee formation and determination of its powers will be decided by a resolution of the cabinet. In case of a crisis or extraordinary spate in the market leading to price hikes, the minister will commend procedures to curb much(prenominal) price increases and cling to consumers interests. A new Consumer Protection Department (CPD) will in any case established at the Ministry of Economy (MOE) with a man come across to supervise the execution of the general policy for the security measures of consumer in cooperation with the governance.The Key responsibilities of CPD includes 1. To supervise the implementation of policies designed to protect Consumers in cooperation with the concerned authorities in the pronounce. 2. To coordinate with the concerned authorities in the State in order of magnitude to cope with the unlawful commercial practices des tructive to the Consumer. 3. To coordinate with the concerned authorities to heighten Consumer aw beness in the State ab out(p) the commodities and Services, along with having the Consumers acquainted with their rights and the methods of the claims thereof. 4.To monitor legal injury movements and curb Price increases. 5. To achieve the principle of the honest competition and fight monopoly. 6. To incur complaints from Consumers and colligate them to the concerned authorities or otherwise take the prerequisite action(s) visit in the Departments man eon. A Complaint may be filled directly by the Consumer or through the consumer protection association, when such acts as the representative of the particular Consumer. 7. To publish and distribute the decision and recommendations designed to raise Consumer sensation.The key responsibilities of the (CPD) includes increasing the consumers awareness, monitor the movement of prices and authorisation their increase, combat monopoly, to receive consumers complaints and adopt appropriate action. The law states that the Provider sh completely upon fling any good to consumers shall conspicuously display in the cover of the commodity or on the packet a label the particulars of the overlap including date of production,or packing, net weight, country of origin, expiry date, compnents and particular propositionations of product etc.The Provider shall also prominently display the price of the product either in the label or at the place where the commodity is displayed. The consumer shall also lease the right to receive a dated bill for the product with paticlulars such as price, causa etc. The laws warrants the conformity of the product or the service reserved to the consumer with the declared and approved standardized specifications. As per the law, the supplier is prohibited to display or heighten counterfeited commodities that would inflict damages or losses on consumers.According to the new law, a consumer will b e entitled to be indemnified against personal or fiscal damages in accordance with the general rules in force. Any placement in contravention therewith be null and void. Concerning commercial and manage agencies, the law says that each commercial ingredient or distributor shall note all guidance provided by the manufacturer or the trade agent of the commodity. The law also obliges the provider to provide for repair, maintain or provide service to the product after sales and to exchange a product if a defect is strand in the product at heart a specific time period.The law also confer legal capcity to CPD to represent the Consumers before the Courts and any other body prescribed by law. Without prejudicing the rights of the parties to go to the Court, the department end also proceed with any settlement to protect the consumers interest. According to law, those found guilty of violating the provision will face a fine of not les than Dhs. 1,000/-. In case a supplier or a distrib utor fails to unequivocally warn against the hazards associated with use of the commodity or the service causing damages penalty will be not less than Dhs. 0,000/-. The new law is a milestone in suffice the interests of the consumers in protecting their basic rights against unfair trade practices, unscrupulous victimization etc and their right to seek redressal against such practices. The law guarantee the consumers right to be heard and to be assured that consumers interests will receive due retainer at the appropriate forum. environmental Law in the UAE The body of environmental Law in the UAE comprises national Laws and local anesthetic vows issued at municipal direct within certain of the Emirates.The UAE also recognises certain international conventions and protocols. A number of the Laws is provided in the appendix to this article. In this article we deal broadly with the provisions of national Law nary(prenominal) (24) of 1999 for the Protection and maturation of the Environment (Law none 24) which forms the backbone of the Environmental Law within the UAE. We also deal more specifically with Environmental Impact Assessments, the procedure relating to that and the institutions charged with the responsibility for implementing the Law. Law no 24The objectives and general principles of this Law are the following Protection and conservation of the quality and instinctive balance of the environment. manage of all forms of pollution and avoidance of any immediate or long-run destructive effects resulting from planning for economic, agricultural or industrial reading or other programs aimed at improving life standards. Co-ordination among the FEA, competent authorities and parties concerned with the protection of the environment and conservation and consolidation of environmental awareness and principles of pollution control.Development of natural resources and conservation of biological diversity in the UAE and evolution of such resources wit h consideration of present and future generations. Protection of society, the wellness of military man beings and other living creatures from any activities and acts which are environmentally harmful or impede authorised use of the environmental setting. Protection of the UAE environment from the harmful effects of activities undertaken outside the region of the UAE.Compliance with international and regional conventions ratified or approved by the UAE regarding environmental protection, control of pollution and conservation of natural resources. Law no(prenominal) 24 and the Executive nightspot published consistent to Cabinet Resolution No. (37) of 2001 deals comprehensively with all aspects of environmental protection relating to projects the marine environment and pollution thereof liability and compensation for environmental damage rotection of drinking and underground water air pollution governing body of hazardous waste disposal of medical waste, pesticides, agricultural fi xers and fertilisers nature militia the protection of wildlife, as well as the penalties imposed for contravention of any provisions of the aforesaid. The Environmental Impact Assessment (EIA) According to Law No. 24, any entity that wishes to undertake a project within the UAE which may have an impact upon the environment must apply to the Federal Environmental office (FEA) or the relevant competent local authority for a license.The FEA in co-ordination with the competent authority undertake the evaluation of the environmental impact of projects. The procedure is as follows The applicant shall attach with his application a complete bidding on the project or activity intended to be undertaken including all information required in accordance with the Executive Order and forms include therein. The FEA in coordination with the competent authority shall decide on the application within a period not exceeding one calendar month from the date of submission of the application.The applic ant shall be notified of the decision and reasons for rejection of his application if rejected. The period utter above may be extended by one month if the need arises. Owners of projects or establishments approved by license shall undertake the unconstipated analysis of waste and monitor the properties of discharge and pollutants generated from such projects, including degradable materials and keep monitor records as well as send reports with the results to the FEA and the competent authorities. Federal Environmental Agency (FEA) The Federal Environmental Agency was established pursuant to Federal Law No. 7) of 1993 for the Establishment of the Federal Environmental Agency.The Law sets out the objectives of the FEA being inter alia To protect and develop the environment To determine the necessary plans and policies to safeguard it from damaging activities, particularly Appendix The Environmental Laws in the UAE and internationalist Protocols Federal Laws Federal Law No. 7 of 1993 for the Establishment of the Federal Environmental Agency (as amended by Federal Law No. 30 of 2001). Federal Law No. 24 of 1999 for the Protection and Development of the Environment and its Executive Order. Federal Law No. 3 of 1999 concerning Exploitation, preservation and Development of Living Aquatic Resources. Federal Law No. 1 of 2002 for the Regulation and Control of the Use of Radiation Sources and Against Their Hazards Federal Law No. 11 of 2002 for Regulating and Controlling the International Trade in Species of dead Fauna & Flora. Abu Dhabi local anaesthetic Environmental Laws Law No. 16 of 2005 pertaining to the reorganisation of the Abu Dhabi Environment Agency. Law No. 21 of 2005 for dispel Management in the Emirate of Abu Dhabi. Law No. 28 of 2005 which is a Law Establishing the Abu Dhabi Authority for refinement & Heritage.The above local laws, reference to the federal laws and the protocols can be found on http//www. ead. ae/en Dubai Environmental Laws Local O rder No. 61 of 1991, a local order issued by the Municipal Council still governs environmental law at a local level. Federal Law will prevail in the event of conflict and contradiction. Local Order No. 11 of 2003 regarding Public Health and Safety of Society has replaced the specific provisions in Local Order 61 of 1991 relating to public health. Local Order No. 11 of 2003 supersedes Local Order No. 1 of 1991 in parts only (with the exception of specific provisions relating to public health and safety). We were informed by the Head of the Environment section in Dubai Municipality that a new Local Order will be issued soon. This local order will complement Local Order No. 11 of 2003 and replace Local Order 61 of 1991 in its entirety. The above local orders can be found on the below link http//vgn. dm. gov. ae/DMEGOV/dm-legislation-localorder-a and http//vgn. dm. gov. ae/DMEGOV/dm-legislation-order2004-a There were also amendments issued in 2004 to the Local Order No. 11 of 2003.This Local Order and its amendments can be found on Dubai Municipality s website in Arabic. enrapture see the above links. The Municipality is currently finalizing the Executive Regulations for Local Order No. 11 of 2003 as well as a separate Local Order to be drafted for Occupational Health and Safety in Dubai . Local Order No. 7 for the year 2002 on Management of Waste Disposal Sites in the Emirate of Dubai. Local Order No. 8 of 2002 regarding Sewerage, Irrigation and body of water Drainage in the Emirate of Dubai. The DMs technical guidelines and circulars can be found on the DMs website.Sharjah Environmental Laws Sharjah has issued Environmental guidelines pursuant to Law No. 24 of 1999 relating to specific industries, which are as follows Environmental Guidelines for the Paint and Varnishes Related Industries. Environmental Guidelines for the aluminium Industry. Environmental Guidelines for the Plastic and Melamine Industry Environmental Guidelines for Laundries. Environmental Gu idelines for the jewelry Industry. Environmental Guidelines for the Electroplating Industry. Environmental Guidelines for Garages and Car Wash Facilities.
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