rTSFFHTTt rTSTT farraa

rules · 2019 · State unknown

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Parent: THE CONSUMER PROTECTION ACT, 2019 (2174bd67f1e95992eed3df2cdcb6cf194615ac0f)

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rTSFFHTTt rTSTT farraa RAJASTHAN GAZETTE Extraordinary Hietr 4afiat Published by Authority Tru4a T4 H1G 17, JudR, 811& 1943-TaFTr 8, 2021 Bhadra 17, Wednesday, Saka 1943 - September 8,2021 HTTJT 4 (JT) 34-QuS(II) 7TJv FTR T41 3164 74 5fuaTfyf qaRT J1 f4 jY TTdmit 3181 <41 3f0HdaT Department of Consumer Affairs NOTIFICATION Jaipur, September 07, 2021 S.0.585 .-In exercise of the powers conferred by sub-section (1) and clauses (a), (b), (c), (d), (e); (f) , (g) , () , (k), (1), (0), (p), (4) of sub-section (2) of section 102 of the Consumer Protection Act; 2019 (Central Act No. 35 of 2019), the State Government hereby makes the following rules, namely: - 1. Short title and commencement - Protection Rules, 2021. These rules may be called the Rajasthan Consumer 2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions - (1) In these rules, unless the context otherwise requires, a) Act' means the Consumer Protection Act; 2019 (Central Act No. 35 of 2019); b) 'Appellant' means person who makes an appeal against the order of the District Commission in the State Commission; Authorized agent" means person duly authorized by a party to present any complaint, appeal, revision, application or to file written version or to file any written submissions and address O plead, as the case may be, for and on behalf of such party before the District Commission Or the State Commission; 'Central rules means the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020; 'Consumer Commission means a District Consumer Disputes Redressal Commission Or a State Consumer Disputes Redressal Commission, as the case may be; Consumer Welfare Fund' means the Consumer Welfare Fund established by the State Government O, as the case may be, by th

Rule TOC

1 · Short title and commencement - Protection Rules, 2021.

2 · Definitions - (1) In these rules, unless the context otherwise requires,

3 · Certain activities to be exempt from unfair trade practice. Permitting of the following activities carried out for promoting directly or indirectly the sale, use o supply of any product o any business interest shall be exempt from the purview of unfair trade practices, namely: (a) lotteries allowed under the Lotteries (Regulation) Act; 1998 (Central Act No. 17 of 1998); and (b) games of chance O skill not prohibited under the Public Gambling Act; 1867 (Central Act No. 3 of 1867), which are not gambling and wherein success depends on substantial degree of skill and not chance.

4 · The composition of the State Council and District Council _ (1) The State Government shall, by notification in the Official Gazette, establish the State Consumer Protection Council and District Consumer Protection Council:. (2) The State Consumer Protection Council shall consist of the following members, namely:-

5 · Meetings of the State Council and District Council for transaction of business. (1) The meetings of the State Council shall ordinarily be held in Jaipur and meetings of the District council shall be held at district headquarter or at any other place, wherever in the opinion of the Chairperson of Council, it is expedient so to do. (2) At least two meetings of the Council shall be held in a calendar year. (3) A_ meeting of the Council may be called; whenever necessary, with the approval of the Chairperson by issuing notice in writing to every member at least fifteen days before the intended date of the meeting by post or through e-mail to facilitate speedy communication. The notice of every meeting of the Council shall intimate the time, date, and place of the meeting and the items of agenda for the meeting: (5) Any business not included in the agenda shall not be transacted at a meeting of the Council except with the permission of the Chairperson: (6) The minutes of each meeting of the Council shall be approved by the Chairperson and same shall be forwarded to each member of the Council as soon as possible for adoption at the next meeting: No proceedings of the Council shall be invalid merely by reasons of existence of any vacancy in or any defect in the constitution of the Council

6 · Number of Members in District Commission:- Each District Commission shall consist 0f, 1) a President; and (ii) two Members, out of which one Member or the President of the District Commission shall be a woman_

7 · Number 0f Members in State Commission:- (1) The State Commission shall consist 0f,- (i) a President; and (ii) not less than four members and not more than ten members, out of which one member or the President of the State Commission shall be a woman.

8 · Manner of authentication of goods by the Consumer Commission for analysis and testing - (1) The Consumer Commission may direct the complainant to provide one Or more than one sample of the goods in clean containers with stopper properly fixed on them for the purposes of testing or analysis

9 · Manner of depositing the amount in appeals before State Commission - Where an appeal is filed before the State Commission under section 41, the amount to be deposited by the appellant as provided in the second proviso to the said section shall be remitted in the form of a crossed Demand Draft drawn on nationalized bank in favour of the Registrar; State Commission, payable at Jaipur Or by electronicldigital payment mode, if facility is available with the Commission:

10 · Furnishing of information by State Commission - The State Commission shall furnish information to the State Government on a quarterly basis in the form as specified in Schedule.

11 · Procedure in respect of complaints before District Commission - (1) A complaint shall be presented to the District Commission by the complainant in person or by his authorized agent, or be sent by a registered post o by electronic mode, if facility is available with the Commission, addressed to the District Commission, containing the following particulars, namely: (a) the name, description, address, email ID, mobile number of the complainant; b the name, description and address of the opposite party O parties, aS the case may be, so far as they can be ascertained; the facts relating to the complaint and when and where it arose; the documents in support of the allegations contained in the complaint along with Index; the relief which the complainant claims; and verification of the facts of the complaint:

13 · Mediation cell: - (1) Every mediation cell attached to the State Commission or District Commission; shall have panel of mediators prepared on the recommendations of selection committee consisting of the President and a member of that Commission: (2) The number of mediators in each mediation cell shall be such as may be determined by the State Commission in consultation with the State Government:

14 · Place of sitting, working days; office hours and other matters relating to District Commission - (1) The office of the District Commission shall be located at the headquarter of the District: If the State Government decides to establish a single District Commission having jurisdiction over more than one District, it shall notify the place and jurisdiction of the District Commission SO established:

15 · Place of sitting, working days; office hours and other matters relating to State Commission - (1) Office of the State Commission shall be located at the capital of the State.

4 · The official seal and emblem of the State Commission shall be such as the State Government may specify.

6 · Every proceeding of the State Commission shall be conducted by members of a Bench constituted by the President of the State Commission with one or more members as he may deem fit. If the bench is constituted by more than one member, preferably one member from judicial background must be included in such bench and the member from judicial background shall preside over the Bench and if the bench is constituted by a single member, preferably it shall be constituted with a member from the judicial background:

16 · Miscellaneous - If there is no specific provision in these rules to carry out the provisions of the Act; the provisions of the rules and regulations made by the Central Government or National Consumer Disputes Redressal Commission shall apply mutatis mutandis

17 · Repeal and savings - (1) The Consumer Protection (Rajasthan) Rules, 1987 is hereby repealed: Provided that the such repeal shall not affect, the previous operation of the rules so repealed or anything duly done o any action taken thereunder; or any right, liability or obligation or liability acquired, accrued or incurred under the rules so repealed: