Section 14
Procedure for filing and hearing of appeal before National Commission-(1) A Memorandum shall be presented by the appellant or his authorised agent to the National Commission in person or sent by registered post addressed to the National Commission.
mil Nadu and Telangana.
North Eastern Region – to consist of the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim.
SCHEDULE II
[See rule 3 (4)]
The Union territories of the Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Jammu and Kashmir, Ladakh, Lakshadweep, Puducherry, the National Capital Territory of Delhi.
[F. No. J-10/2/2019-CPU]
AMIT MEHTA , Jt. Secy.
xxxGIDHxxx
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EXTRAORDINARY
II — 3 — —- (i)
PART II — Section 3 — Sub -section (i)
PUBLISHED BY AUTHORITY
. 348]
, , 15, 2020/ 24, 1942
No. 348]
NEW DELHI, WEDNESDAY, JULY 15, 2020/ASHADHA 24, 1942
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MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Consumer Affairs) NOTIFICATION
New Delhi, the 15th July, 2020
G.S.R. 452(E).—In exercise of the powers conferred by sections 29 and 43, read with clauses (n) and (w) of sub-section (2) of section 101 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government hereby makes the following rules, namely: -
Short title and commencement. — (1)These rules may be called the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020.
They shall come into force on the 20 th day of July, 2020.
Definitions. — (1) In these rules, unless the context otherwise requires, -
(a) "Act" means the Consumer Protection Act, 2019 (35 of 2019);
(b) "Selection Committee" means the Selection Committee referred to in sub-rule (1) of rule 6;
The words and expressions used herein, but not defined and defined in the Act shall have the same meaning assigned to them in the Act.
Qualifications for appointment of President and members of the State Commission . — (1) A person shall not be qualified for appointment as President, unless he is, or has been, a Judge of the High Court;
A person shall not be qualified for appointment as a member unless he is of not less than forty years of age and possesses--
(a) an experience of at least ten years as presiding officer of a district court or of any tribunal at equivalent level or combined service as such in the district court and tribunal:
Provided that not more than fifty percent of such members shall be appointed; or
(b) a bachelor's degree from a recognised university and is a person of ability, integrity and standing, and has special knowledge and professional experience of not less than twenty years in consumer affairs, law, public affairs, administration, economics, commerce, industry, finance, management, engineering, technology, public health or medicine:
At least one member or the President of the State Commission shall be a woman.
Qualifications for appointment of President and member of District Commission . — (1) A person shall not be qualified for appointment as President, unless he is, or has been , or is qualified to be a District Judge.
A person shall not be qualified for appointment as member unless he-
(a) is of not less than thirty-five years of age;
(b) possesses a bachelor's degree from a recognised University; and
(c) is a person of ability, integrity and standing, and having special knowledge and professional experience of not less than fifteen years in consumer affairs, law, public affairs, administration, economics, commerce, industry, finance, management, engineering, technology, public health or medicine .
At least one member or the President of the District Commission shall be a woman.
Disqualification for appointment of President or member of State Commission and District Commission. –– A person shall be disqualified for appointment as the President or a member of a State Commission or District Commission if he —
has been convicted and sentenced to imprisonment for an offence which involves moral turpitude; or
has been adjudged to be insolvent; or
is of unsound mind and stands so declared by a competent court; or
has been removed or dismissed from the service of the State Government or Central Government or a body corporate owned or controlled by such Government; or
has, in the opinion of the State Government, such financial or other interest as is likely to prejudicially affect his functions as the President or a member.
6. Procedure of appointment . — (1) The President and members of the State Commission and the District Commission shall be appointed by the State Government on the recommendation of a Selection Committee, consisting of the following persons, namely: –
(a) Chief Justice of the High Court or any Judge of the High Court nominated by himChairperson;
(b) Secretary in charge of Consumer Affairs of the State Government – Member;
(c) Nominee of the Chief Secretary of the State—Member.
The Secretary in charge of Consumer Affairs of the State Government shall be the convener of the Selection Committee.
No appointment of the President, or of a member shall be invalid merely by reason of any vacancy or absence in the Selection Committee other than a vacancy or absence of the Chairperson.
The process of appointments shall be initiated by the State Government at least six months before the vacancy arises.
If a post falls vacant due to resignation or death of a member or creation of a new post, the process for filling the post shall be initiated immediately after the post has fallen vacant or is created, as the case may be.
The advertisement of a vacancy inviting applications for the posts from eligible candidates shall be published in leading newspapers and circulated in such other manner as the State Government may deem appropriate.
After scrutiny of the applications received till the last date specified for receipt of such applications, a list of eligible candidates along with their applications shall be placed before the Selection Committee.
The Selection Committee shall consider all the applications of eligible applicants referred to it and if it considers necessary, it may shortlist the applicants in accordance with such criteria as it may decide.
The Selection Committee shall determine its procedure for making its recommendation keeping in view the requirements of the State Commission or the District Commission and after taking into account the suitability, record of past performance, integrity and adjudicatory experience.
The Selection committee shall recommend a panel of names of candidates for appointment in the order of merit for the consideration of the State Government.
The State Government shall verify or cause to be verified the credentials and antecedents of the recommended candidates.
Every appointment of a President or member shall be subject to submission of a certificate of physical fitness as indicated in the annexure appended to these rules, duly signed by a civil surgeon or District Medical Officer.
Before appointment, the selected candidate shall furnish an undertaking that he does not and will not have any such financial or other interest as is likely to affect prejudicially his functions as a President or member.
Resignation by President or Member of State Commission or District Commission . — The President or any member may, by writing under his hand addressed to the State Government, resign his office at any time:
Provided that the President or member shall, unless he is permitted by the State Government to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as a successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
Removal of President or Member of State Commission or District Commission from office. — (1) The State Government shall remove from office any President or member, who—
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or
(e) has so abused his position as to render his continuance in office prejudicial to public interest:
Provided that where a President or member is proposed to be removed on any ground specified in clauses (c) to (e), the President or member shall be informed of the charges against him and given an opportunity of being heard in respect of those charges.
Procedure for inquiry of misbehavior or incapacity of President or Member of State Commission or District Commission . — (1) If a written complaint is received by the State Government, alleging any definite charge of misbehavior or incapacity to perform the functions of the office in respect of the President or a Member of the State Commission or District Commission, the State Government shall make a preliminary scrutiny of such complaint.
If on preliminary scrutiny, the State Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any misbehavior or incapacity of the President or a Member of the State Commission or District Commission, it shall make a reference to the National Commission in the case of State Commission and to the State Commission in the case of District Commission to conduct the inquiry.
The National Commission or the State Commission, as the case may be, shall complete the inquiry within three months or such further time as may be specified by the National Commission.
After the conclusion of the inquiry, the National Commission or the State Commission, as the case may be, shall submit its report to the State Government stating therein its findings and the reasons therefor on each of the charges separately with such observations on the whole case as it may think fit.
The National Commission or the State Commission, as the case may be, shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own procedure, including the fixing of date, place and time of its inquiry.
Term of office of President or Member . — The President and every member of the State Commission and the District Commission shall hold office for a term of four years or up to the age of sixty-five years, whichever is earlier and shall be eligible for reappointment for another term of four years subject to the age limit of sixtyfive years, and such reappointment is made on the basis of the recommendation of the Selection Committee.
[F . No. J -10/7/2018 -CPU]
AMIT MEHTA , Jt . Secy .
ANNEXURE
[ See rule 6 (12)]
CERTIFICATE OF PHYSICAL FITNESS
I hereby certify that I have examined Shri/Smt./Ms…………………………………………….. and that I have not discovered that he/she has any disease ( communicable or otherwise) , constitutional weakness or bodily infirmity, except…………………………… I do not consider this a disqualification for his/her for employment as member in the State/District Consumer Disputes Redressal Commission for a period of four years or up to the age of sixty five years, whichever is earlier.
Date……….
Signature of candidate
Signature Designation (Civil Surgeon/District Medical Officer)
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EXTRAORDINARY
II — 3 — - (i)
PART II — Section 3 — Sub -section (i)
PUBLISHED BY AUTHORITY
. 347]
, , 15, 2020/ 24, 1942
No. 347]
NEW DELHI, WEDNESDAY , JULY 15, 2020/ASADHA 24, 1942
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MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
( Department of Consumer Affairs)
NOTIFICATION
New Delhi, the 15th July, 2020
G.S.R. 451 (E).––In exercise of the powers conferred under proviso to sub-section (1) of section 102 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government hereby makes the following rules, namely: -
Short title and commencement. — (1) These rules may be called the Consumer Protection (Salary, allowances and conditions of service of President and Members of the State Commission and District Commission) Model Rules, 2020.
They shall come into force on the 20 th day of July, 2020.
Definitions. ---(1) In these rules, unless the context otherwise requires, —
(a) 'Act' means the Consumer Protection Act, 2019 (35 of 2019);
(b) 'Member' means a Member of the District Commission or the State Commission, as the case may be;
(c) ‘President’ means the President of the District Commission or the State Commission, as the case may be;
(d) 'State Government' includes an administrator of a Union territory appointed under article 239 of the Constitution except in rule 13.
The words and expressions used herein and not defined and defined in the Act shall have the same meaning respectively assigned to them in the Act.
Salaries and allowances payable to President and members of District Commission. – (1) The President shall be entitled to the salary and allowances as are admissible to a District Judge in the super time scale of pay .
A Member shall receive a pay equal to the pay at the minimum of the scale of pay of a Deputy Secretary of the State Government and other allowances as admissible to such officer.
The pay of a person appointed as President or member, who is in receipt of any pension, shall be reduced by the gross amount of pension drawn by him.
There shall be an annual upward revision of the pay of the President and member at the rate of 3%.
Salaries and allowances payable to President and members of the State Commission.--- (1) President of the State Commission shall receive the salary and other allowances as are admissible to a sitting judge of the High Court of the State.
A Member of the State Commission shall receive a pay equivalent to the pay at minimum of the scale of pay of an Additional Secretary of the State Government and other allowances as are admissible to such officer.
The pay of a person appointed as President or member, who is in receipt of any pension, shall be reduced by the gross amount of pension drawn by him.
There shall be an annual upward revision of the pay of a member at the rate of 3%.
Medical fitness. —N —No person shall be appointed as President or Member unless he is declared medically fit by an authority specified by the State Government in this behalf.
Casual vacancy.— In case of a casual vacancy in the office of President in the State Commission or District Commission, as the case may be, the State Government shall have the power to appoint the senior most Member to officiate as President.
House rent allowance. — The President or member shall be entitled to house rent allowance at the same rate as are admissible to Group 'A' Officer of the State Government of a corresponding status.
Transport allowance . — The President or member shall be entitled to transport allowance at the same rate as are admissible to Group 'A' Officer of the State Government of a corresponding status.
Leave and medical treatment and hospital facilities.—The President and members of the State Commission and the District Commission shall be entitled to leave, Leave Travel Concession, medical treatment and hospital facilities as per the provisions applicable to Group A Government servants in the State Government.
Declaration of Financial and other Interests. — The President or member shall, before entering upon his office, declare his assets, and his liabilities and financial and other interests.
:
Other conditions of service. — (1) The terms and conditions of service of the President or member with respect to which no express provision has been made in these rules, shall be such as are admissible to a Group 'A' Officer of the State Government of a corresponding status.
The President or member shall not practice before the National Commission, the State Commission or the District Commission after retirement from the service of the State Commission or the District Commission, as the case may be.
The President or member shall not undertake any arbitration work while functioning in these capacities in the State Commission or the District Commission, as the case may be.
The President or member of the State Commission or the District Commission, as the case may be, shall not, for a period of two years from the date on which they cease to hold office, accept any employment in, or connected with the management or administration of, any person who has been a party to a proceeding before the State Commission or the District Commission:
Provided that nothing contained in this rule shall apply to any employment under the Central Government or a State Government or a local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).
Oaths of office and secrecy.—Every person appointed to be the President or member shall, before entering upon his office, make and subscribe an oath of office in Form I and oath of secrecy in Form II annexed to these rules.
The salary, remuneration and other allowances shall be defrayed out of the Consolidated Fund of the State Government and in the case of the Union Territories, from the Consolidated Fund of India.
The terms and conditions of the service of the President and the members of the District Commission and the State Commission shall not be varied to their disadvantage during their tenure of office.
[F.No.J-10/8/2018-CPU]
AMIT MEHTA, Jt . Secy .
Annexure
[See Rule 12]
FORM I
Form of Oath of Office for the President and Member of the State Commission and District Commission
I, A. B., having been appointed as the President/ Member in the State Consumer Disputes Redressal Commission, ……../ District Consumer Disputes Redressal Commission, …………..do solemnly affirm/do swear in the name of God that I will faithfully and conscientiously discharge my duties as the President/Member of the State Commission/District Commission to the best of my ability, knowledge and judgment, without fear or favour, affection or ill -will and that I will uphold the Constitution and the laws of land.
( )
FORM II
Form of Oath of Secrecy for the President and Member of the State Commission and District Commission
I, A. B., having been appointed as the President/Member of the State Consumer Disputes Redressal Commission, …………./ District Consumer Disputes Redressal Commission, …… do solemnly affirm/do swear in the name of God that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as President/Member of the State Commission/District Commission except as may be required for the due discharge of my duties as the President/Member.
( )
xxxGIDHxxx
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EXTRAORDINARY
II — 3 — —- (i)
PART II — Section 3 — Sub -section (i)
PUBLISHED BY AUTHORITY
, , 15, 2020/ 24, 1942 NEW DELHI, WEDNESDAY , JULY 15, 2020/ASHADHA 24, 1942
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,
MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Consumer Affairs) NOTIFICATION
New Delhi, the 15th July, 2020
G.S.R. 450(E).—In exercise of the powers conferred by sub-section (1) and clauses (r) and (zf) of sub -section (2) of section 101 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government hereby makes the following rules, namely:—
Short title and commencement. — (1) These rules may be called the Consumer Protection (Mediation) Rules, 2020.
They shall come into force on the 20 th day of July, 2020.
Definitions — (1) ln these rules, unless the context otherwise requires,—
(a) "Act" means the Consumer Protection Act, 2019 (35 of 2019);
(b) "Commission" means District Commission, State Commission or National Commission, as the case may be;
(c) "mediation cell" means a consumer mediation cell established in accordance with the provisions of section 74;
(d) "panel" means a panel of mediators prepared by the Commission under sub-section (1) of section 75;
(e) "Parties" means parties to a dispute;
(f) "Settlement" means a settlement arrived at in the course of mediation.
All other words and expressions used in the rules and not defined but defined in the Consumer Protection Act, 2019 (35 of 2019) shall have the meanings respectively assigned to them in the Act.
Mediation Cell. ---(1) Every Mediation Cell set up in a Commission, shall have a panel of mediators on the recommendation of a selection committee consisting of the President and a member of that Commission.
(2) The Mediation Cell shall have such support staff as may be decided by the President of that Commission in consultation with the concerned Government and that Government shall provide all administrative assistance and infrastructure facilities required by the Commission
Matters not to be referred to mediation. ---The following matters shall not be referred to mediation, namely:—
(a) the matters relating to proceedings in respect of medical negligence resulting in grievous injury or death;
(b) matters which relate to defaults or offences for which applications for compounding of offences have been made by one or more parties;
(c) cases involving serious and specific allegations of fraud, fabrication of documents, forgery, impersonation, coercion;
(d) cases relating to prosecution for criminal and non-compoundable offences;
(e) cases which involve public interest or the interest of numerous persons who are not parties before the Commission:
Provided that, in any case other than those mentioned in this rule, the Commission before which the case is pending may choose not to refer it to mediation if it appears to the Commission that no elements of a settlement exist which may be acceptable to the parties or that mediation is otherwise not appropriate having regard to the circumstances of the case and the respective positions of the parties.
Refund of fee. —W —Where the Commission refers the parties to mediation, the complainant shall be entitled to receive full amount of application fee paid in respect of such complaint, if a settlement is reached between such parties.
Resort to arbitral or judicial proceedings.—The parties shall not initiate any arbitral or judicial proceedings in respect of a matter which is the subject-matter of the mediation and also when such parties have expressly undertaken not to initiate any such proceeding.
Settlement agreement not to be discharged by death of party thereto . — (1) A settlement agreement shall not be discharged by the death of any party thereto and shall be enforceable by or against the legal representative of the deceased party.
Nothing in this rule shall affect the operation of any law by virtue of which any right of action is extinguished by the death of a person.
[F. No. J-10/2/2020-CPU]
AMIT MEHTA, Jt . Secy .
xxxGIDHxxx
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EXTRAORDINARY
III — 4
PART III — Section 4
PUBLISHED BY AUTHORITY
. 281]
, , 24, 2020