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Note: This Section provides you with an online version of the the Fair Competition Act (FCA). The marginal notes have been omitted from this version. For a copy of the entire document in PDF format, including the amendments and regulations click here. You will need Acrobat Reader software to view this document; download this software free from Adobe.


MAIN SECTIONS
THE FAIR COMPETITION ACT

Part I

PRELIMINARY

Part II

THE FAIR TRADING COMMISSION

Part III

CONTROL OF UNCOMPETITIVE PRACTICE

Part IV

RE-SALE PRICE MAINTENANCE

Part V

AUTHORIZATIONS

PART VI

EXCLUSIIVE DEALING, TIED SELLING and MARKET RESTRICTION

PART VII

OFFENCES AGAINST COMPETITION

PART VIII

ENFORCEMENT, REMEDIES, APPEALS

PART IX

GENERAL

SCHEDULE

SCHEDULE

FCA (AMENDMENT)
FAIR COMPETITION (AMENDMENT) ACT
REGULATIONS
THE FAIR COMPETITION REGULATIONS

SCHEDULE


1. (1) The commission shall consist of such number of persons not being less than three nor more than five as the Minister may from time to time appoint.

(2) The Executive Director shall be a member ex officio of the Commission.

 

2. (1) The members referred to in paragraph 1 (1) shall be appointed by the Minister by instrument in writing.

(2) A member other than the Executive Director, shall, subject to the provisions of this Schedule, hold office for such period not exceeding three years, as the Minister may specify in the instrument appointing the member and each member shall be eligible for reappointment.

 

3. The Minister shall appoint one of the members of the Commission referred to in paragraph 1(1) to be chairman thereof.

 

4. If the chairman or any other member of the Commission is absent or unable to act, the Minister may appoint any person to act in the place of the chairman or other member.

 

5. (1) Any member other than the chairman or the Executive Director may at any time resign his office by instrument in writing addressed to the Minister and transmitted through the chairman, and from the date of the receipt by the Minister of that instrument, that member shall cease to be a member of the Commission.

(2) The chairman may at any time resign his office by instrument in writing addressed to the Minister, and such resignation shall take effect as from the date on which the Minister receives that instrument.

 

6. The Minister may terminate the appointment of any member other than the Executive Director if such member -

(a) becomes of unsound mind or becomes permanently unable to perform his functions by reason of ill health;

(b) is convicted and sentenced to a term of imprisonment;

(c) fails without reasonable excuse to carry out any of the functions conferred or imposed on him under this Act; or

(d) engages in such activities as are reasonably considered prejudicial to the interest ofthe Commission.

 

7. The names of all members of the Commission as first constituted and every change of membership shall be published in the Gazette.

 

8. The Minister may, on the application of any member other than the Executive Director, grant leave of absence to the member.

 

9. (1) The seal of the Commission shall be kept in the custody of the Executive Director or the secretary and shall be affixed to instruments pursuant to a resolution of the Commission, in the presence of the Executive Director or any other member of the Commission, and the secretary thereof.

(2) The seal of the Commission shall be authenticated by the signatures of the Executive Director or any other member authorized to act in that behalf, and the secretary.

(3) All documents other than those required by law to be under seal, made by, and all decisions of, the Commission may be signified under the hand of the Executive Director or any other member of the Commission authorized t act in that behalf, and the secretary.

 

10. (1) The Commission shall meet as often as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times and on such days as the Commission may determine.

(2) The Chairman may at any time call a special meeting of the Commission, and shall call a special meeting to be held within seven days of receipt of a written request for that purpose addressed to him by any two members of the Commission.

(3) The Chairman shall preside at all meetings of the Commission, and if the chairman is absent from a meeting the members present and constituting a quorum shall elect one of their number to preside at the meeting.

(4) The Quorum of the Commission shall be three.

(5) The decisions of the Commission shall be by a majority of votes, and in addition to an original vote the chairman or other person presiding at the meeting shall have a casting vote in any case in which the voting is equal.

(6) Minutes in proper form of each meeting of the Commission shall be kept and shall be confirmed as soon as practicable thereafter at a subsequent meeting.

(7) Subject to the provisions of this Schedule the Commission may regulate its own proceedings.

 

11. A member who is directly or indirectly interested in any matter which is being dealt with by the Commission -

(a) shall disclose the nature of his interest at a meeting of the Commission; and
(b) shall not take part in any deliberation or decision of the Commission with respect to that matter.

 

12. No act done or proceeding taken under this Act shall be questioned on
the ground -

(a) of the existence of any vacancy in the membership of, or any defect in the constitution of the Commission; or
(b) of any omission, defect or irregularity not affecting the merits of the case.

 

13. (1) No action, suit or other proceedings shall be brought or instituted
personally against any member in respect of any act done bona fide in the course of carrying out the provisions of this Act.

(2) Where any member is exempt from liability by reason only of the provisions of this paragraph, the Commission shall be liable to the extent that it would be if that member were a servant or agent of the Commission.

 

14. There shall be paid from the funds of the Commission to the chairman and other members of the Commission such remuneration whether by way of honorarium, salary of fees, and such allowances as the Minister may determine.

 

15. The office of a member other than the Executive Director shall not be a public office for the purposes of Chapter V of the Constitution of Jamaica.




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