Section 31: Offences and penalties

31. Offences and penalties (1) Subject to subsection (2), any person who— (a) contravenes this Act or any regulations made under this Act; (b) for the purpose of, or in connection with this Act— (i) furnishes any information or produces any document which he knows or ought to have known to be false or misleading; (ii) obtains or retains a document to which he is not entitled; (iii) impersonates or falsely represents himself to be a person entitled to a document; (iv) makes or causes to be made, or without reasonable excuse has in his possession, any writing which so closely resembles a document as to be likely to deceive; (v) fraudulently alters a document; (vi) with intent to deceive, produces or makes use of a document which is false or misleading in a material particular or has been fraudulently altered; (vii) sells or otherwise transfers or lends a document issued to him under this Act; (viii) delivers, produces, furnishes, sends or otherwise makes use of, for the purpose of determining the price of any goods, any document required under this Act which is false or misleading in a material particular or which has been fraudulently altered; (c) is knowingly concerned in, or takes steps with a view to, the evasion or contravention, by him or any other person, of any provision of this Act, C42 – 10 (1) [Issue 7] Consumer Protection (Price and Supplies Control) Act shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 3 years. (2) Notwithstanding section 152 of the Criminal Procedure Act, any person convicted of an offence in breach of section 3, 4, 6, 8, 13 or 19 shall be liable in the case of— (a) a first conviction, to a fine of not more than 100,000 rupees and to imprisonment for a term not exceeding 3 years; continued on page C42 – 11 [Issue 7] C42 – 10 (2) Revised Laws of Mauritius (b) a second or subsequent conviction, to a fine of not more than 100,000 rupees together with imprisonment for a term which shall be not less than 7 days and not more than 3 years, and the Court shall, in addition to any penalty imposed, order the closure of the premises in relation to which the offence was committed or part of the premises for a period of not less than 7 days and not more than 3 months. (2A) Notwithstanding section 152 of the Criminal Procedure Act, any person convicted of an offence in breach of section 24 shall be liable, in the case of— (a) an individual— (i) on a first conviction, to a fine which shall be not less than 10,000 rupees, nor more than 25,000 rupees; (ii) on a second or subsequent conviction, to a fine which shall be not less than 25,000 rupees, nor more than 50,000 rupees and imprisonment for a term which shall be not less than 7 days, nor more than 3 years; (b) a body corporate— (i) on a first conviction, to a fine which shall be not less than 25,000 rupees, nor more than 50,000 rupees; (ii) on a second or subsequent conviction, to a fine which shall be not less than 50,000 rupees, nor more than 100,000 rupees. (3) Part X of the Criminal Procedure Act and the Probation of Offenders Act shall not apply to any conviction under this Act. [S. 31 amended by s. 6 (g) of Act 14 of 2005 w.e.f. 21 April 2005; s. 4 of Act 23 of 2011 w.e.f. 7 October 2011.]