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48 1931

MERCHANDISE MARKS ACT, 1931

PART II.

Merchandise marks commission.

Establishment of Merchandise Marks Commission.

2. —(1) As soon as conveniently may be after the passing of this Act, there shall be established a Commission (in this Act referred to as the Commission), which shall be styled the Merchandise Marks Commission, to fulfil the functions assigned to it by this Act.

(2) The Commission shall consist of three members, of whom one, who shall be chairman, shall be nominated by the Minister for Industry and Commerce, one shall be nominated by the Minister for Finance, and one shall be nominated by the Minister for Agriculture.

(3) Every member of the Commission shall hold office during the pleasure of the Minister by whom he is nominated.

Regulations for proceedings before Commission.

3. —The Commission shall make regulations for the governance of its proceedings and may by such regulations make provision for all or any of the following matters, that is to say:—

(a) the times and places of the sittings of the Commission;

(b) the persons to whom notice of the sittings of the Commission shall be given;

(c) the form and manner in which submissions shall be made and evidence given to the Commission, and in particular, whether such submissions and evidence shall be given viva voce or in writing;

(d) the attendance for viva voce examination or cross-examination of persons who have made submissions or given evidence in writing;

(e) the admission or exclusion of any person to or from the sittings of the Commission;

(f) such matters as appear to the Commission to be necessary or expedient for the proper conduct of its business.

Powers of Commission.

4. —(1) The Commission shall have all such powers, rights, and privileges for enforcing the attendance of witnesses and examining them on oath (which any member of the Commission is hereby authorised to administer) or otherwise, and for compelling the production of documents as are vested in the High Court, or a judge thereof in respect of the trial of an action, and a summons signed by any one or more members of the Commission shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses and compelling the production of documents.

(2) If any person—

(a) on being duly summoned as a witness before the Commission makes default in attending, or

(b) being in attendance as a witness refuses to take an oath legally required by the Commission to be taken, or to produce any document in his power and control legally required by the Commission to be produced by him, or to answer any question to which the Commission may legally require an answer, or

(c) does any other thing which would, if the Commission were a court of justice having power to commit for contempt of court, be contempt of such court,

the Commission may certify the offence of that person under their hands to the High Court and that Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said court.

(3) A witness before the Commission shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

Remuneration and staff of Commission.

5. —(1) Any member of the Commission may, if the Minister for Finance so directs, be paid such remuneration as the said Minister shall determine.

(2) The Minister for Finance may appoint such and so many persons as he shall consider necessary to be officers of the Commission, and such persons shall hold office upon such terms and be remunerated at such rates and in such manner as the said Minister shall direct.