CHANDIGARH ADMINISTRAnON HOME DEPARTMENT (FOOD &SUPPLIES AND CONSUMER AFFAIRS &LEGAL METROLOGY BRANCH) NOTIFICATION Chandigarh, d<llod iho ,~ ~)Ju7L) No. 7f2l65(12444)-FS&CA_20201 36Cf..s In exercise of the powers conferred by sUb-Section (2) of Section 30 of the Consumer Protection Act, 1986 (68 of 1986), and in supersession of the rules, made to give effect to sections 10(1 )(a), 10(1 )(b), 10(3), 16(1)(a), 16(1)(b) . . d 1805.2018 passed by and 16(2) and In view of directions as contained in order date . H ' d th draft Model Rules on ble Supreme Court of India in Civil Appeal No. 2740 of 2007 an e . C urt of India and all prepared by Government of India dUly approved by Hon'ble supreme 0 h '. . h hereby makes the ot er powers In this behalf, the Administrator, Union Territory, Chandlgar , follOWing rules, namely:- 1. Short title, extent and commencement:- . t fon (Appointment, (1) These rules may be called the Chandigarh Consumer Pro ec I Salary, Allowances and Conditions of Service of President and Members of the State Commission and District Forum) Rules, 2020. (2) These rules shall come into force w.e.f. Slh September, 2018. 2. Definitions. -In these rules, unless the context otherwise requires,- (i) 'Act' means the Consumer Protection Act, 1986 (68 of 1986); (ii) 'District Forum' means the District Consumer Disputes Redressal Forum established under clause (a) of Section 9 of the Act; (iii) "High Court" means the Punjab and Haryana High Court. (iv) 'Member' means a Member of the District Forum appointed under sub-Section (1) (b) of Section 10 of the Act; or a Member of the State Commission appointed under sub-Section (1) (b) of Section 16 of the Act, as the case may be; (v) 'President' means the President of the District Forum appointed under sub-Section (1) (a) of Section 10 of the Act; or the President of the State Commission appointed under sub-Section (1) (a) of Section 16 of the Act, as the case may be; (vi) "State" means the Union Territory of Chandigarh. (vii) 'Selection Committee" means the Selection Committee constituted under Section 10(1A) or Section 16(1A) of the Act, as the case may be; (viii) 'State Commission' means the State Consumer Disputes Redressal Commission established under clause (b) of Section 9 of the Act; (ix) Words and expressions used in these rules and not defined but defined in the Act shall have the same meaning respectively assigned to them in the Act. 3. Mode of appointments in District Fora - (1) President of a District Forum shall be appointed either: (a) by direct appointment; or (b) on deputation from amongst the serving District judges. Provided that appointment of a serving District Judge shall not be made without the concurrence of the High Court. Provided further that where the pendency of complaints at the starting of the year before a District Forum does not exceed five hundred or the average number of complaints filed in the last three years does not exceed five hundred, the appointment may be made on part-time basis. Scanned with CamScanner N\'ltwHhst. nctil~9 tho provl:;1 I" In sub-lulu ('1 , If tho Gh. ndlgorh Administration Is of lhl i wth t tilt ,\ I"K Ml a n" tl~, lid by sslgnll19 Ilddition[ll chargo to a sorving l:llrt t Ju i, ,it 11\Ids wilh thQ n uft· n of tho Chief Justice of the High lllt ( ...1 M' Inb rs of tho Distri t FOl'1.lIn sh \I be 'i polntod on whole.tlme b sis or pnrt-Iime b,SIS, PI vid'd thntthe number of posts for wholi:'l.lime ppolntment sl1s11 be identified by th h" ndignrh Administration in con ultnti n with the President of the State Commission, Provided further that wh re the p ndency of complaints at the starting of the year before a District Forum does not e. ceed five hundred or the average number of campi ints filed in the last three years does not exceed five hundred, the appointment may be made on part time basis, (4) I th b fore a District n e event of pendency of complaints at the starting of the year e Forum e 'ceeding one thousand five hundred or the average number of complaints d . , tration filed in the last three years exceeding one thousand, the Chandigarh A miniS may establish an additional District Forum in the Union Territory, Chandigarh, (5) President(s) and Member(s) appoliited 011 part-lime basis shall function for such number of days in a week as may be decided by the President of the State Commission in consultation with the Chandigarh Administration, taking into consideration the work load of the District Forum, Provided that the number of working days shall not be less than two in a week and the President and Members, appointed on part·time basis, will observe regular office hours on their working days, (6) President(s) and Member(s) white acting or purporting to Act in pursuance of any of the provisions of this Act, shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 4. Mode of appointment in the State Commission. - (1) President of the State Commission may be appointed on whole time basis or by assigning additional charge to a silting judge of the High Court, Provided that appointment of a silting High Court Judge, either on whole time basis or on additional charge basis, shall not be made without the concurrence of the Chief Justice of the High Court, (2) Members of the State Commission shall be appointed either by (a) direct appointment; or (b) on deputation from amongst the Government servants, who are qualified to hold the post. ProVided that a serving JudiCIal office shall not be appointed without the concurrence of the Chief Justice of the High Court. Provided further that where the pendency of complaints and appeals at the starting of the year before the State Commission does not exceed five hundred or the average number of complaints and appeals filed in the last three years does not exceed five hundred, the appointment may be made on part-time basis. (3) Members appointed on part-time basis shall function for such number of days in a week as may be decided by the President of the State Commission in consultation with the Chandigarh Administration, taking into consideration the work load of the State Commission. Scanned with CamScanner froVldllci II10t number of working <loy nil III not bo lonn IlInn two In n w ok ond tllo M~ll1bor5, oppelnt d on pnrl-tlm bonis, will obnorvo rcglllnr oHICO hour j on III Ir working c1nys. pr sldont(s) And Membor(s) whllo octlng or purporting to oclln pur u nco of ony of thO provIsions of this Act, shall b doom d to bo public B rvont within tht) monnlna of Section 21 of the Indian Penal Codo, s. Solectlon of the President nnd Membors of District Forn. _ (1) Mailers relating to appointment of President ond Membors of Dlatrlct Foro oholl bo processed by the President of the Stato Commission. (2) The process of appointments shall bo Initiated at least six monlha bofor tho vacancy arises. (3) If a post falls vacant due to resignation or death of a President or a Member or creation of a new post, the process for filling the post shall be Initialed Immediately after the post has fallen vacant or is created, as the caso may be (4) The Advertisement of a vacancy, Inviting applications for the posts from ollglble candidates will be pUblished in leading newspapers and also clrculatod In such other manner as the President of the State Commission may deem appropriate. (5) Selection of President and Members of District Fora shall be made by the Selection Commillee constituted under sub-Section (1 A) of Section 10 of the Act. (6) After scrutiny of the applications received till the last date specified for receipt of applications, a list of eligible candidates along with their applications shall be placed before the Selection Committee. (7) The Selection Commillee shall short-list the applicants in the following manner, namely - (a) In case of candidates having judicial background, on the basis of the judgments and other judicial orders passed by such candidates; (b) In case of candidates having experience of working under the Central Government or any State Government or an undertaking under the Central Government or the State Government, on the basis of their available Annual Confidential Reports for the last ten years and their experience relevant to the post applied for; (c) In other cases, on the basis of performance in a written test consisting of two papers as per the following scheme. The qualifying marks in each paper shall be 50%: Paper Topics Paper-I (a) General Knowledge and current affairs (b) Knowledge of Constitution of India (c) Knowledge of various Consumer related Laws as indicated in the schedule Nature of test Max.marks Duration Objective Type 100 2 hours Paper-II (a) One Essay on topics chosen from issues on trade & commerce, consumer related issues or Public Affairs. (b) One case study of a consumer case for testing the abilities of analysis and cogent drafting of orders, Descriptive 100 type 3 hours (8) The selection committee shall interview all shortlisted candidates in which marks may be awarded giving due weightage to the personality, relevant past experience, knowledge of law, special achievements, aptitude and vision for the assignment to be taken up. Scanned with CamScanner The selection committee shall recommend a panel of names of candidates for appointment as President or Member, as the case may be, from amongst the candidates in the order of merit for consideration of the Chandigarh Administration. (10) The Chandigarh Administration shall verify or cause to be verified the credentials and antecedents of the recommended candidates. (11) Every appointment of a President or Member shall be sUbject to submission of a certificate of physical fitness as indicated in the annexure signed by a civil surgeon or Medical Officer. (12) Before appointment, the selected applicant shall have to furnish an undertaking that . " "k Iy to affed he does not and Will not have any such financial or other Interest as IS I e prejudicially his functions as President or Member, 6. Selection of the President of the State Commission. - , h Administration at (1) The process of appointment shall be initiated by the Chand/gar least six months before the vacancy arises, 'II 'd t or creation of a ne (2) If a post falls vacant due to resignation or death of a Presl en h , .' ' d' tefy after the post as post, the process for filling the post shall be initiated ,mme /a fallen vacant or is created, as the case may be. . 16 of the . b tion (1A) of seellon (3) The Selection Committee constituted under su -sec . the . rocess after assessing Act, shall recommend, through a search and seleclion P d'date , . ndidate with another can I suitability on the basis of merit and experience, a ca . , Ch d' rh Administration. in the waiting list, for consideration of the an Iga f m the vigilance angle, (4) The candidates under consideration shall be clear ro " 't the selected candidate after (5) The Chandigarh Administration shall apPOIn consultation with the Chief Justice of the High Court. . f . t b 'ssion of a certificate 0 (6) Every appointment of the President shall be subject 0 su ml , , d b Civil Surgeon or Medical physical fitness as indicated in the annexure slgne Ya Officer. d rt k' (7) Before appointment, the selected candidate shall have to furnish an u~ e a Ing that he does not and will not have any such financial or other interest as IS likely to affect prejudicially his functions as President. 7. Selection of Members of the State Commission. - (1) The process of appointment shall be initiated by the President of the State Commission at/east six months before the vacancy arises, (2) 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. (3) The Advertisement of a vacancy, inviting applications for the posts from eligible candidates will be published in leading newspapers and also circulated in such other manner as the President of the State Commission may deem appropriate, (4) Selection of Members of the State Commission shall be made by the Selection Committee constituted under sub-Section (1A) of Section 16 of the Act. (5) After scrutiny of the applications received till the last date specified for receipt of applications, a list of eligible candidates along with their applications shall be placed before the Selection Committee, (6) The Selection Committee shall short-list the applicants in the following manner, name/y- (a) In the case of candidates having judicial background, on the basis of the judgments and other judicial orders passed by such candidates' I Scanned with CamScanner (b) Broad features of the code of Civil Procedure (c) Knowledge of various Consumer rela'ed Laws as indicated in the schedu e (d) Knowledge of Constitution of India (b) In the cas~ of carn:F -,,.:: "'~ ~ , <l, __ 11<2 "9 expeie.~= of\"J : Go emment or any SlJ.'" G ' - ~ em :nt 0 an Ul erta . w undt the Ce- !fa Government or the State G.- _. " o em -= . 0 e [)~5 5 t tre:' ava:la Ie ,aa Confiden 'al Reports io' e I_- I - l!j~t Ie y=ars a dt e:r exp:: :e ,ee re::e a t to the post apprted for, (c) In other cases on th'" b . , - aSls of a • 'Llen les1 of till) papers as per the follm" Q scheme The -,... . - I w. w q <l,1 9 marks rn each paper s a1 he 50~, -:;---TT:.op:ics:------------------- paper. Nature oftest Max.. marl s paper-I (a) General Knowledge and current affairs Objective Type hoUrs 3 hours Descriptive 100 type Paper-II (a) One Essay on topics chosen from issues on trade &commerce, consumer related issues or Public Affairs, (b) One case study of a consumer case for testing the abilities of analysis and cogent drafting of orders. . didates and award (7) The Selection Committee shall interview all the shortJlsted can . "ence quality of the marks with due weightage to the personalrty, relevant past expen . . it de and vision for the judgments, knowledge of law, special achievements, apt u assignment to be taken up. f (8) The Selection Committee shall recommend a panel of names of candidates or 'd t "the order of merit for the appointment as Member from amongst the candl a es In consideration of the Chandigarh Administration. . t b verified the credentials (9) The Chandigarh Administration shall venfy or cause 0 e and antecedents of the recommended candidates. (10) Every appointment of a Member shall be subject to submission of a certificate of physical fitness as indicated in the annexure signed by a Civil Surgeon or Medical Officer, to his medical fitness. (11) Before appointment, the selected candidate shall have to 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 such Member. 8. Salaries/Remunerations of the whole-time President and Members of District Fora.- (1) A serving District Judge. appointed on deputation basis, shall be entitled to pay and allowances of a District Judge in the super time scale of pay. (2) A whole-time President other than serving or retired District Judge shall receive a consolidated remuneration equivalent to pay at the minimum of the scale of pay of a District Judge plus other allowances as admissible (3) A whole-time Member shall be paid a consolidated remuneration equal to the pay at the minimum of the scale of pay of a Deputy Secretary of the State Government plus other allowances as admissible. (4) Fixation of pay of the retired Government servants appointed to the posts of President or Members on whole time basis shall be on the basis of the pay last drawn reduced by the amount of pension plus other allowances as admissible to a re-employed pensioner; (5) There shall be an annual upward revision of the remuneration of whole-time appointees at the rate of 3%. Scanned with CamScanner 5313riesfRemunerations of the part·time President and Members of District Fora- (1) A part time President shall be paid a consolidated remuneration of Rupees Five Thousand in Class X Cities, Rupees Four Thousand in Class Y Cities and Rupees Three Thousand in other places, per day of silting. (2) A part time Member shall be paid a consolidated remuneration of Rupees Four Thousand in X Class Cities, Rupees Three Thousand and Five Hundred in Y ClasS Cities and Rupees Two Thousand and Five Hundred in other places, per day of sitting. (3) Remuneration of the part-time appointees shall be reviewed every three years laking into consideration the consumer price index. (4) Remuneration in the case of appointments made on additional charge basis shall be governed by the relevant provisions in the Financial Rules. 10. Salaries/Remunerations of lhe whole.time President and Members the state Commission. - (1) President of the State Commission shall receive the salary, allowances and other perquisites as are admissible to asitting judge of the High Court. (2) A whole-time Member of the State Commission shall paid a remuneration equivalent dd·t· I S retary in the State to the pay at minimum of the scale of pay of an A I lana ec Government and other allowances as admissible . . t d d utation basis shall be Provided that serving Government servants app0ln e on ep . . . t entitled to salary and allowances under the provisions applicable to depulatlOnls s. Fixation of pay of the persons retired from Government service, appointed to lhe posts of President or Member on whole time basis. shall be on lhe basis of the pay last drawn reduced by the amount of pension 11. Salaries/Remuneration of the part-time Members of the State Commission.- (1) A part-time Member of the State Commission shall be paid a consolidated remuneration of Rupees Five Thousand in Class X Cities, Rupees Four Thousand in YClass cities and Rupees Three Thousand in other places, per day of sitting (2) Remuneration of the part-time appointees shall be reviewed every three years taking into consideration the consumer price index. (3) Remuneration in the case of appointments made on additional charge basis shall be governed by the relevant provisions in the Financial Rules as amended. 12. Leave and Medical treatment and hospital facilities to the whole-time appointees: Whole-time appointees shall be entitled to leave, LTC, medical treatment and hospital facilities as per the provisions applicable to Group A Government servants in the Chandigarh Administration. 13. The salary, remuneration and other allowances shall be defrayed out of the Consolidated Fund of India 14. The terms and conditions of the service of the President and the Members of the District Forum and the State Commission shall not be varied to their disadvantage during their tenure of their office. 15. Removal of President and Members of State Commission and District F f office in certain circumstances.- ora rom (1) The Chandigarh Administration may remove from office, the President or any Member, who, - a) has been adjudged as an insolvent; or b) has .been convicted of an offence which, in the opinion of the Ch d' h Administration, Involves moral turpitude; or an Igar c) ~~~t:~~~e physically or mentally incapable of acting as the President or the Scanned with CamScanner r- cquired such financial or other Interest a . . ..., /las taOns as the President or a Member. or s IS likely to affect preJ d" VI (Unc I h"" . U IcialJy h' so abused IS position as to render his Conlin IS ) /las. " uance In offic e publiC mterest, 0: . ., e prejudicial to the remains absent In three consecutive sittings except with t I f) beyond his control. au eave or for reasons Notwithstanding anything contained in sub Rule (1) the Presid t (2) , en of the State Commission shall not be removed from his office on the grounds specified in clauses (d), (e) and (f) of that sub-Rule except after an inquiry held by a sitting Judge of the High Court nominated by the Chief Justice of the High Court In which the President of the State Commission has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and found guilty. (3) Notwithstanding anything contained in sub Rule (1) a Member of the State Commission, President or Member of the District Forum shall not be removed from his/her office on the grounds specified in clauses (d), (e) and (f) of that sub-Rule except after an inquiry held by a Member of the National Commission nominated by the President of the National Commission, in which the President or Member of the District Forum or the Member of the State Commission, as the case may be, has been 'informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and found guilty. Chandi~arh The 12..131,2020 Endst. No. 7/2/65(12444)-FS&CA-2020/ 35~11 Vinod P.Kavle, lAS Secretary Food & Supplies & Consumer Affairs & Legal Metrology Chandigarh Administration. Dated, Chandigarh the 1.2..1.31!J...a20 A copy is forwarded to the Secretary, Government of India, Ministry of Food and Civil Supplies (Department of Consumer Affairs), Krishi Shawan, New Delhi-110001, for information ~~ Joint Secretary (FS &CA), for Secretary Food & Supplies & Consumer Affairs & Legal Metrology Chandigar\Administration. Endst. No. 7/2165(12444)-FS&CA-2020/ 65CP Dated, Chandigarh the 1';.31 '-c2...0 A copy is forwarded to Sh. Arun Kumar Gupta, lAS, Home Secretary-cum- Secretary Law & Justice, Union Territory, Chandigarh. ~Sf0 Joint Secretarv (FS &CA), for Secretary Food & Supplies & Consu~er Affairs & Legal Metrology Chandlgarh t!ministration. Endst. No. 7/2/65(12444)-FS&CA-2020/ 36q-& Dated, Chandigarh the ( ~).;)?e2.0 .. A. copy i~ forwarded. to the .President, State Consumer Disputes Redressal CommISSion, Union Territory, Chandlgarh for Information and necessary action. Joint secr~:t;:s &CA), for Secretary Food & Supplies & Consumer Affairs & Legal Metrology Chandigarh ~dministration, Scanned with CamScanner
Document — The CONSUMER PROTECTION ACT, 1986 — Roop's Law Assist Statutes
Roop's Law Assist