AUTOMOTIVE TRADES REGISTRATION AND FAIR PRACTICES

CHAPTER 50:05
AUTOMOTIVE TRADES REGISTRATION AND FAIR PRACTICES

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
ADMINISTRATION

A. The Automotive Trades Registration Board

    3.    Establishment of Automotive Trades Registration Board

    4.    Composition of the Board

    5.    Board may co-opt persons to attend meetings

    6.    Secretary/Registrar

    7.    Tenure of office of Board members

    8.    Remuneration of members of the Board

    9.    Meetings of the Board

    10.    Non-liability of members of the Board

    11.    Member to declare pecuniary interests

B. Functions and Duties of the Board

    12.    Functions of the Board

PART III
REGISTRATION OF COMMERCIAL GARAGE OWNERS AND COMMERCIAL GARAGES

    13.    Compulsory registration of garage owners and garages

    14.    Register of proprietors and garages

    15.    Application for registration

    16.    Applicant to furnish description of premises

    17.    Consideration by and report of the Board

    18.    Minister to decide application

    19.    Registration or refusal

    20.    Duration of registration

    21.    Annual renewal of registration

PART IV
SURRENDER, SUSPENSION AND CANCELLATION OF REGISTRATION

    22.    Surrender of registration

    23.    Complaints to and hearings by the Board

    24.    Minister to decide complaints

    25.    Implementation of decision of Minister under section 24

    26.    Board-initiated investigation

    27.    Minister to decide on report of the Board

    28.    Implementation of decision of Minister under section 27

    29.    Minister may direct investigation by the Board

    30.    Power of the Minister re registration

    31.    Effect of cancellation

    32.    Suspension of registration

PART V
MISCELLANEOUS

    33.    Duty of registered proprietor on repair of vehicle or engine

    34.    Duty of registered proprietor who is agent of manufacturer

    35.    Regulations

    36.    Exemptions

    37.    Registration not in lieu of licensing or registration, etc., under other written laws

    38.    Not applicable to Government or local authorities

19 of 1971
51 of 1971
G.N. 151/1972

    An Act to provide for the registration of persons engaged for profit or reward in the business of the assembly, sale or repair of motor vehicles or internal combustion or other motor vehicle engines or of any electrical or mechanical parts or accessories of such vehicles or engines or engaged in businesses incidental to the maintenance or repair thereof and to provide for the protection of the general public from unfair or unconscionable practices by such persons and for matters related or incidental to any of the purposes aforesaid

PART I
PRELIMINARY

1.    Short title, commencement and application

    This Act may be cited as the Automotive Trades Registration and Fair Practices Act, and shall come into operation on such date as the Minister may appoint by notice published in the Gazette:

    Provided that, by one notice or by separate notices, different dates may be appointed for the coming into operation of this Act in relation to different specified Regions, local authority areas, Districts or places in Malawi.

2.    Interpretation

    In this Act unless the context otherwise requires—

    “annual renewal of registration meeting” means that meeting of the Board, held annually, at which renewals of registration are considered pursuant to section 21;

    “automotive trade” means the commercial garage business operating throughout Malawi;

    “Board” means the Automotive Trades Registration Board established by section 3;

    “Chairman” means the Chairman of the Board, appointed and designated pursuant to section 4 (2) (a);

    “commercial garage” means any garage operated as a business for profit or reward;

    “date of commencement” means, in relation to any Region, Local Government Area, District or place in Malawi, the date of the coming into operation of this Act, in such Region, Area, District or place, by notice pursuant to section 1 ;

    “decision of the Minister” means any decision in respect of registration under this Act, made by the Minister under section 18, 24, 27 or 29;

    “garage” means any premises used for the purpose of the assembly, repair or renovation of motor vehicles or of internal combustion or other engines designed to be the propelling force of such vehicles; or used for the purpose of the assembly, repair or renovation of mechanical or electrical components, parts or accessories of such vehicles or engines; or used for the assembly, repair or renovation of motor vehicle bodies, or for the breaking-up of old or damaged motor vehicles for scrap or salvage; or for the sale of new or second-hand motor vehicles; or for the re-treading or re-capping or other such renovation of motor vehicle tyres; and includes premises used for the manufacture, assembly, repair or renovation of self-propelled farm machinery; but does not include premises used solely as a petrol service station;

    “investigation” means an investigation by the…