The Consumer Protection Act, 1986
[Repealed][1]
[Act 68 of 1986 as amended up to Act 7 of 2017]
?[24 December 1986]
An Act to provide
for better protection of the interests of consumers and for that purpose to
make provision for the establishment of consumer councils and other authorities
for the settlement of consumers' disputes and for matters connected therewith
Be it enacted by
Parliament in the Thirty-seventh Year of the Republic of India as follows:?
Statement
of Objects and Reasons.?
1.
The Consumer
Protection Bill, 1986 seeks to provide for better protection of the interests
of consumers and for that purpose, to make provision for the establishment of
Consumer Councils and other authorities for the settlement of consumer disputes
and for matters connected therewith.
2.
It seeks, inter
alia, to promote and protect the rights of consumers such as?
(a)
the right to be
protected against marketing of goods which are hazardous to life and property;
(b)
the right to be
informed about the quality, quantity, potency, purity, standard and price of
goods to protect the consumer against unfair trade practices;
(c)
the right to be
assured, wherever possible, access to variety of goods at competitive prices;
(d)
the right to be
heard and to be assured that consumers' interests will receive due
consideration at appropriate forums;
(e)
the right to seek
redressal against unfair trade practices or unscrupulous exploitation of
consumers; and
(f)
right to consumer
education.
3.
These objects are
sought to be promoted and protected by the Consumer Protection Councils to be
established at the Central and State levels.
4.
To provide speedy
and simple redressal to consumer disputes, a quasi-judicial machinery is sought
to be set up at the district, State and Central levels. These quasi-judicial
bodies will observe the principles of natural justice and have been empowered
to give reliefs of a specific nature and to award, wherever appropriate,
compensation to consumers. Penalties for non-compliance of the orders given by
the quasi-judicial bodies have also been provided.
5.
The Bill seeks to
achieve the above objects. The notes on clauses explains in detail the
provisions of the Bill.
Chapter I
PRELIMINARY
Section - 1. Short title, extent, commencement and application.?
(1)
This Act may be
called the Consumer Protection Act, 1986.
(2)
It extends to the
whole of India except the State of Jammu and Kashmir.
(3)
It shall come into
force on such date as the Central Government may, by notification, appoint and
different dates may be appointed for different States and for different
provisions of this Act.
(4)
Save as otherwise
expressly provided by the Central Government by notification, this Act shall
apply to all goods and services.
Date
of Enforcement.?
(1)
Chapters I, II and
IV came into force on 15-4-1987 in whole of India, except J&K
[Vide S.O. 390(E), dated 15-4-1987].
(2)
Chapter III came
into force on 1-7-1987 in whole of India, except J&K [Vide S.O.
568(E), dated 10-6-1987].
Section - 2. Definitions.?
(1)
In this Act,
unless the context otherwise requires,?
(a)
[2][?appropriate
laboratory? means a laboratory or organisation?
(i)
recognised by the
Central Government;
(ii)
recognised by a
State Government, subject to such guidelines as may be prescribed by the
Central Government in this behalf; or
(iii)
any such
laboratory or organisation established by or under any law for the time being
in force, which is maintained, financed or aided by the Central Government or a
State Government for carrying out analysis or test of any goods with a view to
determining whether such goods suffer from any defect;]
[3][(aa)
?branch office? means?
(i)
any establishment
described as a branch by the opposite party; or
(ii)
any establishment
carrying on either the same or substantially the same activity as that carried
on by the head office of the establishment;]
(b)
?complainant?
means?
(i)
a consumer; or
(ii)
any voluntary
consumer association registered under the Companies Act, 1956 (1 of 1956), or
under any other law for the time being in force; or
(iii)
the Central
Government or any State Government, who or which makes a complaint;
(iv)
[4][one
or more consumers, where there are numerous consumers having the same
interest;]
(v)
[5][in
case of death of a consumer, his legal heir or representative;]
(c)
?complaint? means
any allegation in writing made by a complainant that?
(i)
[6][an
unfair trade practice or a restrictive trade practice has been adopted by any
trader [7][or
service provider];]
(ii)
[8][the
goods bought by him or agreed to be bought by him] suffer from one or more
defects;
(iii)
[9][the
services hired or availed of or agreed to be hired or availed of by him] suffer
from deficiency in any respect;
(iv)
[10][a
trader or the service provider, as the case may be, has charged for the goods
or for the services mentioned in the complaint, a price in excess of the price?
(a)
fixed by or under
any law for the time being in force;
(b)
displayed on the
goods or any package containing such goods;
(c)
displayed on the
price list exhibited by him by or under any law for the time being in force;
(d)
agreed between the
parties;
(v)
goods which will
be hazardous to life and safety when used are being offered for sale to the
public,?
(a)
in contravention
of any standards relating to safety of such goods as required to be complied
with, by or under any law for the time being in force;
(b)
if the trader
could have known with due diligence that the goods so offered are unsafe to the
public;
(vi)
services which are
hazardous or likely to be hazardous to life and safety of the public when used,
are being offered by the service provider which such person could have known
with due diligence to be injurious to life and safety.]
with
a view to obtaining any relief provided by or under this Act;
(d)
?consumer? means
any person who,?
(i)
buys any goods for
a consideration which has been paid or promised or partly paid and partly
promised, or under any system of deferred payment and includes any user of such
goods other than the person who buys such goods for consideration paid or
promised or partly paid or partly promised, or under any system of deferred
payment when such use is made with the approval of such person, but does not
include a person who obtains such goods for resale or for any commercial
purpose; or
(ii)
[11][hires
or avails of] any services for a consideration which has been paid or promised
or partly paid and partly promised, or under any system of deferred payment and
includes any beneficiary of such services other than the person who [12][hires
or avails of] the services for consideration paid or promised, or partly paid
and partly promised, or under any system of deferred payment, when such
services are availed of with the approval of the first mentioned person [13][but
does not include a person who avails of such services for any commercial
purpose];
[14][Explanation.?For
the purposes of this clause, ?commercial purpose? does not include use by a
person of goods bought and used by him and services availed by him exclusively
for the purposes of earning his livelihood by means of self-employment;]
(e)
?consumer dispute?
means a dispute where the person against whom a complaint has been made, denies
or disputes the allegations contained in the complaint;
(f)
?defect? means any
fault, imperfection or shortcoming in the quality, quantity, potency, purity or
standard which is required to be maintained by or under any law for the time
being in force or [15][under
any contract, express or implied, or] as is claimed by the trader in any manner
whatsoever in relation to any goods;
(g)
?deficiency? means
any fault, imperfection, shortcoming or inadequacy in the quality, nature and
manner of performance which is required to be maintained by or under any law
for the time being in force or has been undertaken to be performed by a person
in pursuance of a contract or otherwise in relation to any service;
(h)
?District Forum?
means a Consumer Disputes Redressal Forum established under clause (a) of
Section 9;
(i)
??goods? means goods as defined in the Sale of
Goods Act, 1930 (3 of 1930);
(j)
[16][?manufacturer?
means a person who?
(i)
makes or
manufactures any goods or parts thereof; or
(ii)
does not make or manufacture
any goods but assembles parts thereof made or manufactured by others; or
(iii)
puts or causes to
be put his own mark on any goods made or manufactured by any other
manufacturer;]
Explanation.?Where
a manufacturer despatches any goods or part thereof to any branch office
maintained by him, such branch office shall not be deemed to be the
manufacturer even though the parts so despatched to it are assembled at such
branch office and are sold or distributed from such branch office;
[17][(jj)
?member? includes the President and a member of the National Commission or a
State Commission or a District Forum, as the case may be;]
(k)
?National
Commission? means the National Consumer Disputes Redressal Commission
established under clause (c) of Section 9;
(l)
?notification?
means a notification published in the Official Gazette;
(m)
?person?
includes,?
(i)
a firm whether
registered or not;
(ii)
a Hindu undivided
family;
(iii)
a cooperative
society;
(iv)
every other
association of persons whether registered under the Societies Registration Act,
1860 (21 of 1860) or not;
(n)
?prescribed? means
prescribed by rules made by the State Government, or as the case may be, by the
Central Government under this Act;
[18][(nn)
?regulation? means the regulations made by the National Commission under this
Act;
(nnn)
?restrictive trade practice? means a trade practice which tends to bring about
manipulation of price or its conditions of delivery or to affect flow of
supplies in the market relating to goods or services in such a manner as to
impose on the consumers unjustified costs or restrictions and shall include?
(a)
delay beyond the
period agreed to by a trader in supply of such goods or in providing the
services which has led or is likely to lead to rise in the price;
(b)
any trade practice
which requires a consumer to buy, hire or avail of any goods or, as the case
may be, services as condition precedent to buying, hiring or availing of other
goods or services;]
(o)
?service? means
service of any description which is made available to potential users and
includes [19][,
but not limited to,] the provision of facilities in connection with banking,
financing, insurance, transport, processing, supply of electrical or other
energy, board or lodging or both, [20][housing
construction,] entertainment, amusement or the purveying of news or other
information, but does not include the rendering of any service free of charge
or under a contract of personal service;
[21][(oo)
?spurious goods and services? mean such goods and services which are claimed to
be genuine but they are actually not so.]
(p)
?State Commission?
means a Consumer Disputes Redressal Commission established in a State under
clause (b) of Section 9;
(q)
?trader? in
relation to any goods means a person who sells or distributes any goods for
sale and includes the manufacturer thereof, and where such goods are sold or
distributed in package form, includes the packer thereof;
(r)
[22][?unfair
trade practice? means a trade practice which, for the purpose of promoting the
sale, use or supply of any goods or for the provision of any service, adopts
any unfair method or unfair or deceptive practice including any of the
following practices, namely:
(1)
the practice of
making any statement, whether orally or in writing or by visible representation
which,?
(i)
falsely represents
that the goods are of a particular standard, quality, quantity, grade,
composition, style or model;
(ii)
falsely represents
that the services are of a particular standard, quality or grade;
(iii)
falsely represents
any re-built, second-hand, renovated, reconditioned or old goods as new goods;
(iv)
represents that
the goods or services have sponsorship, approval, performance, characteristics,
accessories, uses or benefits which such goods or services do not have;
(v)
represents that
the seller or the supplier has a sponsorship or approval or affiliation which
such seller or supplier does not have;
(vi)
makes a false or
misleading representation concerning the need for, or the usefulness of, any
goods or services;
(vii)
gives to the
public any warranty or guarantee of the performance, efficacy or length of life
of a product or of any goods that is not based on an adequate or proper test
thereof:
Provided that
where a defence is raised to the effect that such warranty or guarantee is
based on adequate or proper test, the burden of proof of such defence shall lie
on the person raising such defence;
(viii)
makes to the
public a representation in a form that purports to be?
(i)
a warranty or
guarantee of a product or of any goods or services; or
(ii)
a promise to
replace, maintain or repair an article or any part thereof or to repeat or
continue a service until it has achieved a specified result,if such purported
warranty or guarantee or promise is materially misleading or if there is no
reasonable prospect that such warranty, guarantee or promise will be carried
out;
(ix)
materially
misleads the public concerning the price at which a product or like products or
goods or services, have been or are, ordinarily sold or provided, and, for this
purpose, a representation as to price shall be deemed to refer to the price at
which the product or goods or services has or have been sold by sellers or
provided by suppliers generally in the relevant market unless it is clearly
specified to be the price at which the product has been sold or services have
been provided by the person by whom or on whose behalf the representation is
made;
(x)
gives false or
misleading facts disparaging the goods, services or trade of another person.
Explanation.?For
the purposes of clause (1), a statement that is?
(a)
expressed on an
article offered or displayed for sale, or on its wrapper or container; or
(b)
expressed on
anything attached to, inserted in, or accompanying, an article offered or
displayed for sale, or on anything on which the article is mounted for display
or sale; or
(c)
contained in or on
anything that is sold, sent, delivered, transmitted or in any other manner
whatsoever made available to a member of the public,shall be deemed to be a
statement made to the public by, and only by, the person who had caused the
statement to be so expressed, made or contained;
(2)
permits the
publication of any advertisement whether in any newspaper or otherwise, for the
sale or supply at a bargain price, of goods or services that are not intended
to be offered for sale or supply at the bargain price, or for a period that is,
and in quantities that are, reasonable, having regard to the nature of the
market in which the business is carried on, the nature and size of business,
and the nature of the advertisement.
Explanation.?For
the purposes of clause (2), ?bargaining price? means?
(a)
a price that is
stated in any advertisement to be a bargain price, by reference to an ordinary
price or otherwise; or
(b)
a price that a
person who reads, hears or sees the advertisement, would reasonably understand
to be a bargain price having regard to the prices at which the product
advertised or like products are ordinarily sold;
(3)
permits?
(a)
the offering of
gifts, prizes or other items with the intention of not providing them as
offered or creating impression that something is being given or offered free of
charge when it is fully or partly covered by the amount charged in the
transaction as a whole;
(b)
the conduct of any
contest, lottery, game of chance or skill, for the purpose of promoting,
directly or indirectly, the sale, use or supply of any product or any business
interest;
[23][(3-A)
withholding from the participants of any scheme offering gifts, prizes or
other items free of charge, on its closure the information about final results
of the scheme.
Explanation.?For
the purposes of this sub-clause, the participants of a scheme shall be deemed
to have been informed of the final results of the scheme where such results are
within a reasonable time published, prominently in the same newspapers in which
the scheme was originally advertised;]
(4)
permits the sale
or supply of goods intended to be used, or are of a kind likely to be used, by
consumers, knowing or having reason to believe that the goods do not comply
with the standards prescribed by competent authority relating to performance,
composition, contents, design, constructions, finishing or packaging as are
necessary to prevent or reduce the risk of injury to the person using the
goods;
(5)
permits the
hoarding or destruction of goods, or refuses to sell the goods or to make them
available for sale or to provide any service, if such hoarding or destruction
or refusal raises or tends to raise or is intended to raise, the cost of those
or other similar goods or services;]
(6)
[24][manufacture
of spurious goods or offering such goods for sale or adopting deceptive
practices in the provision of services.]
(2)
Any reference in
this Act to any other Act or provision thereof which is not in force in any
area to which this Act applies shall be construed to have a reference to the
corresponding Act or provision thereof in force in such area.
Section - 3. Act not in derogation of any other law.?
The provisions of
this Act shall be in addition to and not in derogation of the provisions of any
other law for the time being in force.
Chapter II
CONSUMER
PROTECTION COUNCILS
Section - 4. The Central Consumer Protection Council.?
(1)
The Central
Government [25][shall],
by notification, establish with effect from such date as it may specify in such
notification, a Council to be known as the Central Consumer Protection Council
(hereinafter referred to as the Central Council).
(2)
The Central
Council shall consist of the following members, namely:?
(a)
the Minister in
charge of [26][consumer
affairs] in the Central Government, who shall be its Chairman, and
(b)
such number of
other official or non-official members representing such interests as may be
prescribed.
Section - 5. Procedure for meetings of the Central Council.?
(1)
The Central
Council shall meet as and when necessary, but [27][at
least one meeting] of the Council shall be held every year.
(2)
The Central
Council shall meet at such time and place as the Chairman may think fit and
shall observe such procedure in regard to the transaction of its business as
may be prescribed.
Section - 6. Objects of the Central Council.?
The objects of the
Central Council shall be to promote and protect the rights of the consumers
such as,?
(a)
the right to be
protected against the marketing of goods [28][and
services] which are hazardous to life and property;
(b)
the right to be
informed about the quality, quantity, potency, purity, standard and price of
goods [29][or
services, as the case may be,] so as to protect the consumer against unfair
trade practices;
(c)
the right to be
assured, wherever possible, access to a variety of goods [30][and
services] at competitive prices;
(d)
the right to be
heard and to be assured that consumers' interests will receive due
consideration at appropriate forums;
(e)
the right to seek
redressal against unfair trade practices [31][or
restrictive trade practices] or unscrupulous exploitation of consumers; and
(f)
the right to
consumer education.
Section - 7. The State Consumer Protection Councils.?
(1)
The State
Government [32][shall],
by notification, establish with effect from such date as it may specify in such
notification, a Council to be known as the Consumer Protection Council for?
(hereinafter referred to as the State Council).
(2)
[33][The
State Council shall consist of the following members, namely:
(a)
the Minister
in-charge of consumer affairs in the State Government who shall be its
Chairman;
(b)
such number of
other official or non-official members representing such interests as may be
prescribed by the State Government;
(c)
[34][such
number of other official or non-official members, not exceeding ten, as may be
nominated by the Central Government.]
(3)
The State Council
shall meet as and when necessary but not less than two meetings shall be held
every year.
(4)
The State Council
shall meet at such time and place as the Chairman may think fit and shall
observe such procedure in regard to the transaction of its business as may be
prescribed by the State Government.].
Section - 8. Objects of the State Council.?
The objects of
every State Council shall be to promote and protect within the State the rights
of the consumers laid down in clauses (a) to (f) of Section 6.
Section - [35][8-A. The District Consumer Protection Council.?
(1)
The State
Government shall establish for every district, by notification, a council to be
known as the District Consumer Protection Council with effect from such date as
it may specify in such notification.
(2)
The District
Consumer Protection Council (hereinafter referred to as the District Council)
shall consist of the following members, namely:?
(a)
the Collector of
the district (by whatever name called), who shall be its Chairman; and
(b)
such number of
other official and non-official members representing such interests as may be
prescribed by the State Government.
(3)
The District
Council shall meet as and when necessary but not less than two meetings shall
be held every year.
(4)
The District
Council shall meet at such time and place within the district as the Chairman
may think fit and shall observe such procedure in regard to the transaction of
its business as may be prescribed by the State Government.
Section - 8-B. Objects of the District Council.?
The objects of
every District Council shall be to promote and protect within the district the
rights of the consumers laid down in clauses (a) to (f) of Section 6.]
Chapter III
CONSUMER DISPUTES
REDRESSAL AGENCIES
Section - 9. Establishment of Consumer Disputes Redressal Agencies.?
There shall be
established for the purposes for this Act, the following agencies, namely:?
(a)
a Consumer
Disputes Redressal Forum to be known as the ?District Forum? established by the
State Government [36][*
* *] in each district of the State by notification:
[37][Provided
that the State Government may, if it deems fit, establish more than one
District Forum in a district;]
(b)
a Consumer
Disputes Redressal Commission to be known as the ?State Commission? established
by the State Government [38][*
* *] in the State by notification; and
(c)
a National
Consumer Disputes Redressal Commission established by the Central Government by
notification.
Section - 10. Composition of the District Forum.?
(1)
[39][Each
District Forum shall consist of,?
(a)
a person who is,
or has been, or is qualified to be a District Judge, who shall be its
President;
(b)
[40][two
other members, one of whom shall be a woman, who shall have the following
qualifications, namely:
(i)
be not less than
thirty-five years of age.
(ii)
possess a
bachelor's degree from a recognised university.
(iii)
be persons of
ability, integrity and standing, and have adequate knowledge and experience of
at least ten years in dealing with problems relating of economics, law,
commerce, accountancy, industry, public affairs or administration:
Provided that a
person shall be disqualified for appointment as a member, if he?
(a)
has been convicted
and sentenced to imprisonment for an offence which, in the opinion of the State
Government, involves moral turpitude; or
(b)
is an undischarged
insolvent; or
(c)
is of unsound mind
and stands so declared by a competent court; or
(d)
has been removed
or dismissed from the service of the Government or a body corporate owned or
controlled by the Government; or
(e)
has, in the
opinion of the State Government, such financial or other interest as is likely
to affect prejudicially the discharge by him of his functions as a member; or
(f)
has such other
disqualifications as may be prescribed by the State Government.]
[41][(1-A)
Every appointment under sub-section (1) shall be made by the State Government
on the recommendation of a selection committee consisting of the following,
namely:?
(i) |
the
President of the State Commission |
Chairman; |
(ii) |
Secretary,
Law Department of the State |
Member; |
(iii) |
Secretary
in charge of the Department dealing with consumer affairs in the State |
Member:] |
[42][Provided
that where the President of the State Commission is, by reason of absence or
otherwise, unable to act as Chairman of the Selection Committee, the State
Government may refer the matter to the Chief Justice of the High Court for
nominating a sitting Judge of that High Court to act as Chairman.]
(2)
[43][Every
member of the District Forum shall hold office for a term of five years or up
to the age of sixty-five years, whichever is earlier:
Provided that a
member shall be eligible for re-appointment for another term of five years or
up to the age of sixty-five years, whichever is earlier, subject to the
condition that he fulfils the qualifications and other conditions for
appointment mentioned in clause (b) of sub-section (1) and such re-appointment
is also made on the basis of the recommendation of the Selection Committee:
Provided further
that a member may resign his office in writing under his hand addressed to the
State Government and on such resignation being accepted, his office shall
become vacant and may be filled by appointment of a person possessing any of
the qualifications mentioned in sub-section (1) in relation to the category of
the member who is required to be appointed under the provisions of sub-section
(1-A) in place of the person who has resigned:
Provided also that
a person appointed as the President or as a member, before the commencement of
the Consumer Protection (Amendment) Act, 2002, shall continue to hold such
office as President or member, as the case may be, till the completion of his
term.]
(3)
The salary or
honorarium and other allowances payable to, and the other terms and conditions
of service of the members of the District Forum shall be such as may be
prescribed by the State Government.
[44][Provided
that the appointment of a member on whole-time basis shall be made by the State
Government on the recommendation of the President of the State Commission
taking into consideration such factors as may be prescribed including the
workload of the District Forum.]
Section - 11. Jurisdiction of the District Forum.?
(1)
Subject to the
other provisions of this Act, the District Forum shall have jurisdiction to
entertain complaints where the value of the goods or services and the
compensation, if any, claimed [45][does
not exceed rupees [46][twenty]
lakhs].
(2)
A complaint shall
be instituted in a District Forum within the local limits of whose
jurisdiction,?
(a)
the opposite party
or each of the opposite parties, where there are more than one, at the time of
the institution of the complaint, actually and voluntarily resides or [47][carries
on business or has a branch office or] personally works for gain; or
(b)
any of the
opposite parties, where there are more than one, at the time of the institution
of the complaint, actually and voluntarily resides, or [48][carries
on business or has a branch office], or personally works for gain, provided
that in such case either the permission of the District Forum is given, or the
opposite parties who do not reside, or [49][carry
on business or have a branch office], or personally work for gain, as the case
may be, acquiesce in such institution; or
(c)
the cause of
action, wholly or in part, arises.
Section - [50][12. Manner in which complaint shall be made.?
(1)
A complaint in
relation to any goods sold or delivered or agreed to be sold or delivered or
any service provided or agreed to be provided may be filed with a District
Forum by?
(a)
the consumer to
whom such goods are sold or delivered or agreed to be sold or delivered or such
service provided or agreed to be provided;
(b)
any recognised
consumer association whether the consumer to whom the goods sold or delivered
or agreed to be sold or delivered or service provided or agreed to be provided
is a member of such association or not;
(c)
one or more
consumers, where there are numerous consumers having the same interest, with
the permission of the District Forum, on behalf of, or for the benefit of, all
consumers so interested; or
(d)
the Central
Government or the State Government, as the case may be, either in its
individual capacity or as a representative of interests of the consumers in
general.
(2)
Every complaint
filed under sub-section (1) shall be accompanied with such amount of fee and
payable in such manner as may be prescribed.
(3)
On receipt of a
complaint made under sub-section (1), the District Forum may, by order, allow
the complaint to be proceeded with or rejected:
Provided that a
complaint shall not be rejected under this sub-section unless an opportunity of
being heard has been given to the complainant:
Provided further
that the admissibility of the complaint shall ordinarily be decided within
twenty-one days from the date on which the complaint was received.
(4)
Where a complaint
is allowed to be proceeded with under sub-section (3), the District Forum may
proceed with the complaint in the manner provided under this Act:
Provided that
where a complaint has been admitted by the District Forum, it shall not be
transferred to any other court or tribunal or any authority set up by or under
any other law for the time being in force.
Explanation.?For
the purposes of this section, ?recognised consumer association? means any
voluntary consumer association registered under the Companies Act, 1956 (1 of
1956) or any other law for the time being in force.]
Section - 13. Procedure on[51][admission] of complaint.?
(1)
The District Forum
shall, on [52][admission]
of a complaint, if it relates to any goods,?
(a)
[53][refer
a copy of the admitted complaint, within twenty-one days from the date of its
admission to the opposite party mentioned in the complaint directing him to
give his version of the case within a period of thirty days or such extended
period not exceeding fifteen days as may be granted by the District Forum;]
(b)
where the opposite
party on receipt of a complaint referred to him under clause (a) denies or
disputes the allegations contained in the complaint, or omits or fails to take
any action to represent his case within the time given by the District Forum,
the District Forum shall proceed to settle the consumer dispute in the manner
specified in clauses (c) to (g);
(c)
where the
complaint alleges a defect in the goods which cannot be determined without
proper analysis or test of the goods, the District Forum shall obtain a sample
of the goods from the complainant, seal it and authenticate it in the manner
prescribed and refer the sample so sealed to the appropriate laboratory along
with a direction that such laboratory make an analysis or test, whichever may
be necessary, with a view to finding out whether such goods suffer from any
defect alleged in the complaint or suffer from any other defect and to report
its findings thereon to the District Forum within a period of forty-five days
of the receipt of the reference or within such extended period as may be
granted by the District Forum;
(d)
before any sample
of the goods is referred to any appropriate laboratory under clause (c), the
District Forum may require the complainant to deposit to the credit of the
Forum such fees as may be specified, for payment to the appropriate laboratory
for carrying out the necessary analysis or test in relation to the goods in
question;
(e)
the District Forum
shall remit the amount deposited to its credit under clause (d) to the
appropriate laboratory to enable it to carry out the analysis or test mentioned
in clause (c) and on receipt of the report from the appropriate laboratory, the
District Forum shall forward a copy of the report along with such remarks as
the District Forum may feel appropriate to the opposite party;
(f)
if any of the
parties disputes the correctness of the findings of the appropriate laboratory,
or disputes the correctness of the methods of analysis or test adopted by the
appropriate laboratory, the District Forum shall require the opposite party or
the complainant to submit in writing his objections in regard to the report made
by the appropriate laboratory;
(g)
the District Forum
shall thereafter give a reasonable opportunity to the complainant as well as
the opposite party of being heard as to the correctness or otherwise of the
report made by the appropriate laboratory and also as to the objection made in
relation thereto under clause (f) and issue an appropriate order under Section
14.
(2)
The District Forum
shall, if the complaint [54][admitted]
by it under Section 12 relates to goods in respect of which the procedure
specified in sub-section (1) cannot be followed, or if the complaint relates to
any services,?
(a)
refer a copy of
such complaint to the opposite party directing him to give his version of the
case within a period of thirty days or such extended period not exceeding
fifteen days as may be granted by the District Forum;
(b)
where the opposite
party, on receipt of a copy of the complaint, referred to him under clause (a)
denies or disputes the allegations contained in the complaint, or omits or
fails to take any action to represent his case within the time given by the
District Forum, the District Forum shall proceed to settle the consumer
dispute,?
(i)
on the basis of
evidence brought to its notice by the complainant and the opposite party, where
the opposite party denies or disputes the allegations contained in the
complaint, or
(ii)
[55][ex
parte] on the basis of evidence brought to its notice by the complainant where
the opposite party omits or fails to take any action to represent his case
within the time given by the Forum;
(c)
[56][where
the complainant fails to appear on the date of hearing before the District
Forum, the District Forum may either dismiss the complaint for default or
decide it on merits.]
(3)
No proceedings
complying with the procedure laid down in sub-sections (1) and (2) shall be
called in question in any court on the ground that the principles of natural
justice have not been complied with.
[57][(3-A)
Every complaint shall be heard as expeditiously as possible and endeavour shall
be made to decide the complaint within a period of three months from the date
of receipt of notice by opposite party where the complaint does not require
analysis or testing of commodities and within five months, if it requires
analysis or testing of commodities:
Provided that no
adjournment shall be ordinarily granted by the District Forum unless sufficient
cause is shown and the reasons for grant of adjournment have been recorded in
writing by the Forum:
Provided further
that the District Forum shall make such orders as to the costs occasioned by
the adjournment as may be provided in the regulations made under this Act:
Provided also that
in the event of a complaint being disposed of after the period so specified,
the District Forum shall record in writing, the reasons for the same at the
time of disposing of the said complaint.
(3-B) Where during
the pendency of any proceeding before the District Forum, it appears to it
necessary, it may pass such interim order as is just and proper in the facts
and circumstances of the case.]
(4)
For the purposes
of this section, the District Forum shall have the same powers as are vested in
a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying
a suit in respect of the following matters, namely:?
(i)
the summoning and
enforcing the attendance of any defendant or witness and examining the witness
on oath;
(ii)
the discovery and
production of any document or other material object producible as evidence;
(iii)
the reception of
evidence on affidavits;
(iv)
the requisitioning
of the report of the concerned analysis or test from the appropriate laboratory
or from any other relevant source;
(v)
issuing of any
commission for the examination of any witness; and
(vi)
any other matter
which may be prescribed.
(5)
Every proceeding
before the District Forum shall be deemed to be a judicial proceeding within
the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860), and
the District Forum shall be deemed to be a civil court for the purposes of
Section 195, and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of
1974).
(6)
[58][Where
the complainant is a consumer referred to in sub-clause (iv) of clause (b) of
sub-section (1) of Section 2, the provisions of Rule 8 of Order I of the First
Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject
to the modification that every reference therein to a suit or decree shall be
construed as a reference to a complaint or the order of the District Forum
thereon.]
(7)
[59][In
the event of death of a complainant who is a consumer or of the opposite party
against whom the complaint has been filed, the provisions of Order XXII of the
First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply
subject to the modification that every reference therein to the plaintiff and
the defendant shall be construed as reference to a complainant or the opposite
party, as the case may be.]
Section - 14. Finding of the District Forum.?
(1)
If, after the
proceeding conducted under Section 13, the District Forum is satisfied that the
goods complained against suffer from any of the defects specified in the
complaint or that any of the allegations contained in the complaint about the
services are proved, it shall issue an order to the opposite party directing
him to [60][do]
one or more of the following things, namely:
(a)
to remove the defect
pointed out by the appropriate laboratory from the goods in question;
(b)
to replace the
goods with new goods of similar description which shall be free from any
defect;
(c)
to return to the
complainant the price, or, as the case may be, the charges paid by the
complainant;
(d)
to pay such amount
as may be awarded by it as compensation to the consumer for any loss or injury
suffered by the consumer due to the negligence of the opposite party:
[61][Provided
that the District Forum shall have the power to grant punitive damages in such
circumstances as it deems fit;]
(e)
[62][to
remove the defects [63][in
goods] or deficiencies in the services in question;
(f)
to discontinue the
unfair trade practice or the restrictive trade practice or not to repeat them;
(g)
not to offer the hazardous
goods for sale;
(h)
to withdraw the
hazardous goods from being offered for sale;
[64][(ha)
to cease manufacture of hazardous goods and to desist from offering services
which are hazardous in nature;
(hb)
to pay such sum as may be determined by it, if it is of the opinion that loss
or injury has been suffered by a large number of consumers who are not
identifiable conveniently:
Provided that the
minimum amount of sum so payable shall not be less than five per cent of the
value of such defective goods sold or services provided, as the case may be, to
such consumers:
Provided further
that the amount so obtained shall be credited in favour of such person and
utilized in such manner as may be prescribed;
(hc)
to issue corrective advertisement to neutralize the effect of misleading
advertisement at the cost of the opposite party responsible for issuing such
misleading advertisement;]
(i)
to provide for
adequate costs to parties.]
(2)
[65][Every
proceeding referred to in sub-section (1) shall be conducted by the President
of the District Forum and at least one member thereof sitting together:
[66][Provided
that where a member, for any reason, is unable to conduct a proceeding till it
is completed, the President and the other member shall continue the proceeding
from the stage at which it was last heard by the previous member.]
(2-A) Every order
made by the District Forum under sub-section (1) shall be signed by its
President and the member or members who conducted the proceedings:
Provided that
where the proceeding is conducted by the President and one member and they
differ on any point or points, they shall state the point or points on which
they differ and refer the same to the other member for hearing on such point or
points and the opinion of the majority shall be the order of the District
Forum.]
(3)
Subject to the
foregoing provisions, the procedure relating to the conduct of the members of
the District Forum, its sittings and other matters shall be such as may be
prescribed by the State Government.
Section - 15. Appeal.?
Any person
aggrieved by an order made by the District Forum may prefer an appeal against
such order to the State Commission within a period of thirty days from the date
of the order, in such form and manner as may be prescribed:
Provided that the
State Commission may entertain an appeal after the expiry of the said period of
thirty days if it is satisfied that there was sufficient cause for not filing
it within that period:
[67][Provided
further that no appeal by a person, who is required to pay any amount in terms
of an order of the District Forum, shall be entertained by the State Commission
unless the appellant has deposited in the prescribed manner fifty per cent of
that amount or twenty-five thousand rupees, whichever is less.]
Section - 16. Composition of the State Commission.?
(1)
Each State
Commission shall consist of,?
(a)
a person who is or
has been a Judge of a High Court, appointed by the State Government, who shall
be its President:
[68][Provided
that no appointment under this clause shall be made except after consultation
with the Chief Justice of the High Court;]
(b)
[69][not
less than two, and not more than such number of members, as may be prescribed,
and one of whom shall be a woman, who shall have the following qualifications,
namely:
(i)
be not less than
thirty-five years of age;
(ii)
possess a
bachelor's degree from a recognised university; and
(iii)
be persons of
ability, integrity and standing, and have adequate knowledge and experience of
at least ten years in dealing with problems relating to economics, law,
commerce, accountancy, industry, public affairs or administration:
Provided that not
more than fifty per cent of the members shall be from amongst persons having a
judicial background.
Explanation.?For
the purposes of this clause, the expression ?persons having a judicial
background? shall mean persons having knowledge and experience for at least a
period of ten years as a presiding officer at the district level court or any
tribunal at equivalent level:
Provided further
that a person shall be disqualified for appointment as a member, if he?
(a)
has been convicted
and sentenced to imprisonment for an offence which, in the opinion of the State
Government, involves moral turpitude; or
(b)
is an undischarged
insolvent; or
(c)
is of unsound mind
and stands so declared by a competent court; or
(d)
has been removed
or dismissed from the service of the Government or a body corporate owned or
controlled by the Government; or
(e)
has, in the
opinion of the State Government, such financial or other interest, as is likely
to affect prejudicially the discharge by him of his functions as a member; or
(f)
has such other
disqualifications as may be prescribed by the State Government.]
[70][(1-A)
Every appointment under sub-section (1) shall be made by the State Government
on the recommendation of a Selection Committee consisting of the following
members, namely:?
(i) |
President
of the State Commission |
Chairman; |
(ii) |
Secretary
of the Law Department of the State |
Member; |
(iii) |
Secretary
incharge of the Department dealing with Consumer Affairs in the State: |
Member: |
Provided that
where the President of the State Commission is, by reason of absence or
otherwise, unable to act as Chairman of the Selection Committee, the State
Government may refer the matter to the Chief Justice of the High Court for
nominating a sitting Judge of that High Court to act as Chairman.
(1-B)
(i) The jurisdiction, powers and authority of the State Commission may be
exercised by Benches thereof.
(ii)
A Bench may be constituted by the President with one or more members as the
President may deem fit.
(iii)
If the members of a Bench differ in opinion on any point, the points shall be
decided according to the opinion of the majority, if there is a majority, but
if the members are equally divided, they shall state the point or points on
which they differ, and make a reference to the President who shall either hear
the point or points himself or refer the case for hearing on such point or
points by one or more of the other members and such point or points shall be
decided according to the opinion of the majority of the members who have heard
the case, including those who first heard it.]
(2)
The salary or
honorarium and other allowances payable to, and the other terms and conditions
of service [71][*
* *] of, the members of the State Commission shall be such as may be prescribed
by the State Government:
[72][Provided
that the appointment of a member on whole-time basis shall be made by the State
Government on the recommendation of the President of the State Commission
taking into consideration such factors as may be prescribed including the
workload of the State Commission.]
(3)
[73][Every
member of the State Commission shall hold office for a term of five years or up
to the age of sixty-seven years, whichever is earlier:
Provided that a
member shall be eligible for re-appointment for another term of five years or
up to the age of sixty-seven years, whichever is earlier, subject to the
condition that he fulfils the qualifications and other conditions for
appointment mentioned in clause (b) of sub-section (1) and such re-appointment
is made on the basis of the recommendation of the Selection Committee:
Provided further
that a person appointed as a President of the State Commission shall also be eligible
for re-appointment in the manner provided in clause (a) of sub-section (1) of
this section:
Provided also that
a member may resign his office in writing under his hand addressed to the State
Government and on such resignation being accepted, his office shall become
vacant and may be filled by appointment of a person possessing any of the
qualifications mentioned in sub-section (1) in relation to the category of the
member who is required to be appointed under the provisions of sub-section
(1-A) in place of the person who has resigned.
(4)
Notwithstanding
anything contained in sub-section (3), a person appointed as the President or
as a member, before the commencement of the Consumer Protection (Amendment)
Act, 2002 shall continue to hold such office as President or member, as the
case may be, till the completion of his term.]
Section - 17. Jurisdiction of the State Commission.?
(1)
[74][Subject
to the other provisions of this Act, the State Commission shall have
jurisdiction,?
(a)
to entertain?
(i)
complaints where the
value of the goods or services and compensation, if any, claimed exceeds
rupees [75][twenty
lakhs but does not exceed rupees one crore]; and
(ii)
appeals against
the orders of any District Forum within the State; and
(b)
to call for the
records and pass appropriate orders in any consumer dispute which is pending
before or has been decided by any District Forum within the State where it
appears to the State Commission that such District Forum has exercised a
jurisdiction not vested in it by law, or has failed to exercise a jurisdiction
so vested or has acted in exercise of its jurisdiction illegally or with
material irregularity.
(2)
[76][A
complaint shall be instituted in a State Commission within the limits of whose
jurisdiction,?
(a)
the opposite party
or each of the opposite parties, where there are more than one, at the time of
the institution of the complaint, actually and voluntarily resides or carries
on business or has a branch office or personally works for gain; or
(b)
any of the
opposite parties, where there are more than one, at the time of the institution
of the complaint, actually and voluntarily resides, or carries on business or
has a branch office or personally works for gain, provided that in such case
either the permission of the State Commission is given or the opposite parties
who do not reside or carry on business or have a branch office or personally
works for gain, as the case may be, acquiesce in such institution; or
(c)
the cause of
action, wholly or in part, arises.]
Section - [77][17-A. Transfer of cases.?
On the application
of the complainant or of its own motion, the State Commission may, at any stage
of the proceeding, transfer any complaint pending before the District Forum to
another District Forum within the State if the interest of justice so requires.
Section - 17-B. Circuit Benches.?
The State
Commission shall ordinarily function in the State Capital but may perform its
functions at such other place as the State Government may, in consultation with
the State Commission, notify in the Official Gazette, from time to time.]
Section - 18. Procedure applicable to State Commissions.?
[The provisions of
Sections 12, 13 and 14 and the rules made thereunder][78] for
the disposal of complaints by the District Forum shall, with such modifications
as may be necessary, be applicable to the disposal of disputes by the State
Commission.
Section - 18-A. Vacancy in the office of the President.?
[79][*
* *]
Section - 19. Appeals.?
Any person
aggrieved by an order made by the State Commission in exercise of its powers conferred
by sub-clause (i) of clause (a) of Section 17 may prefer an appeal against such
order to the National Commission within a period of thirty days from the date
of the order in such form and manner as may be prescribed:
Provided that the
National Commission may entertain an appeal after the expiry of the said period
of thirty days if it is satisfied that there was sufficient cause for not
filing it within that period:
[80][Provided
further that no appeal by a person, who is required to pay any amount in terms
of an order of the State Commission, shall be entertained by the National
Commission unless the appellant has deposited in the prescribed manner fifty
per cent of the amount or rupees thirty-five thousand, whichever is less.]
Section - [81][19-A. Hearing of appeal.?
An appeal filed
before the State Commission or the National Commission shall be heard as
expeditiously as possible and an endeavour shall be made to finally dispose of
the appeal within a period of ninety days from the date of its admission:
Provided that no
adjournment shall be ordinarily granted by the State Commission or the National
Commission, as the case may be, unless sufficient cause is shown and the
reasons for grant of adjournment have been recorded in writing by such
Commission:
Provided further
that the State Commission or the National Commission, as the case may be, shall
make such orders as to the costs occasioned by the adjournment as may be
provided in the regulations made under this Act:
Provided also that
in the event of an appeal being disposed of after the period so specified, the
State Commission or the National Commission, as the case may be, shall record
in writing the reasons for the same at the time of disposing of the said
appeal.]
Section - 20. Composition of the National Commission.?
(1)
The National
Commission shall consist of,?
(a)
a person who is or
has been a Judge of the Supreme Court, to be appointed by the Central
Government, who shall be its President:
[82][Provided
that no appointment under this clause shall be made except after consultation
with the Chief Justice of India;]
(b)
[83][not
less than four, and not more than such number of members, as may be prescribed,
and one of whom shall be a woman, who shall have the following qualification,
namely:
(i)
be not less than
thirty-five years of age;
(ii)
possess a
bachelor's degree from a recognised university; and
(iii)
be persons of
ability, integrity and standing and have adequate knowledge and experience of
at least ten years in dealing with problems relating to economics, law,
commerce, accountancy, industry, public affairs or administration:
Provided that not
more than fifty per cent of the members shall be from amongst the persons
having a judicial background.
Explanation.?For
the purposes of this clause, the expression ?persons having a judicial
background? shall mean persons having knowledge and experience for at least a
period of ten years as a presiding officer at the district level court or any
tribunal at equivalent level:
Provided further that
a person shall be disqualified for appointment, if he?
(a)
has been convicted
and sentenced to imprisonment for an offence which, in the opinion of the
Central Government, involves moral turpitude; or
(b)
is an undischarged
insolvent; or
(c)
is of unsound mind
and stands so declared by a competent court; or
(d)
has been removed
or dismissed from the service of the Government or a body corporate owned or
controlled by the Government; or
(e)
has, in the
opinion of the Central Government, such financial or other interest as is
likely to affect prejudicially the discharge by him of his functions as a
member; or
(f)
has such other
disqualifications as may be prescribed by the Central Government:
Provided also that
every appointment under this clause shall be made by the Central Government on
the recommendation of a Selection Committee consisting of the following,
namely:?
(a) |
a person
who is a Judge of the Supreme Court, to be nominated by the Chief Justice of
India. |
Chairman; |
(b) |
the
Secrecy in the Department of Legal Affairs in the Government of India. |
Member; |
(c) |
Secretary
of the Department dealing with Consumer Affairs in the Government of India. |
Member. |
[84][(1-A)(i)
The jurisdiction, powers and authority of the National Commission may be
exercised by Benches thereof.
(ii) A Bench may
be constituted by the President with one or more members as the President may
deem fit.
(iii) If the
members of a Bench differ in opinion on any point, the points shall be decided
according to the opinion of the majority, if there is a majority, but if the
members are equally divided, they shall state the point or points on which they
differ, and make a reference to the President who shall either hear the point
or points himself or refer the case for hearing on such point or points by one
or more of the other members and such point or points shall be decided
according to the opinion of the majority of the members who have heard the
case, including those who first heard it.]
(2)
The salary or
honorarium and other allowances payable to and the other terms and conditions
of service [85][*
* *] of the members of the National Commission shall be such as may be
prescribed by the Central Government.
(3)
[86][Every
member of the National Commission shall hold office for a term of five years or
up to the age of seventy years, whichever is earlier:
Provided that a
member shall be eligible for re-appointment for another term of five years or
up to the age of seventy years, whichever is earlier, subject to the condition
that he fulfils the qualifications and other conditions for appointment
mentioned in clause (b) of sub-section (1) and such re-appointment is made on
the basis of the recommendation of the Selection Committee:
Provided further
that a person appointed as a President of the National Commission shall also be
eligible for re-appointment in the manner provided in clause (a) of sub-section
(1):
Provided also that
a member may resign his office in writing under his hand addressed to the
Central Government and on such resignation being accepted, his office shall
become vacant and may be filled by appointment of a person possessing any of
the qualifications mentioned in sub-section (1) in relation to the category of the
member who is required to be appointed under the provisions of sub-section
(1-A) in place of the person who has resigned.
(4)
Notwithstanding
anything contained in sub-section (3), a person appointed as a President or as
a member before the commencement of the Consumer Protection (Amendment) Act,
2002 shall continue to hold such office as President or member, as the case may
be, till the completion of his term.]
Section - 21. Jurisdiction of the National Commission.?
Subject to the
other provisions of this Act, the National Commission shall have jurisdiction,?
(a)
to entertain,?
(i)
complaints where
the value of the goods or services and compensation, if any, claimed exceeds
rupees [87][one
crore]; and
(ii)
appeals against
the orders of any State Commission; and
(b)
to call for the
records and pass appropriate orders in any consumer dispute which is pending
before or has been decided by any State Commission where it appears to the
National Commission that such State Commission has exercised a jurisdiction not
vested in it by law, or has failed to exercise a jurisdiction so vested, or has
acted in the exercise of its jurisdiction illegally or with material
irregularity.
Section - [88][22. Power and procedure applicable to the National Commission.?
(1)
The provisions of
Sections 12, 13 and 14 and the rules made thereunder for the disposal of
complaints by the District Forum shall, with such modifications as may be
considered necessary by the Commission, be applicable to the disposal of disputes
by the National Commission.
(2)
Without prejudice
to the provisions contained in sub-section (1), the National Commission shall
have the power to review any order made by it, when there is an error apparent
on the face of record.
Section - 22-A. Power to set aside ex parte orders.?
Where an order is
passed by the National Commission ex parte against the opposite party or a
complainant, as the case may be, the aggrieved party may apply to the
Commission to set aside the said order in the interest of justice.
Section - 22-B. Transfer of cases.?
On the application
of the complainant or of its own motion, the National Commission may, at any
stage of the proceeding, in the interest of justice, transfer any complaint
pending before the District Forum of one State to a District Forum of another
State or before one State Commission to another State Commission.
Section - 22-C. Circuit Benches.?
The National
Commission shall ordinarily function at New Delhi and perform its functions at
such other place as the Central Government may, in consultation with the
National Commission, notify in the Official Gazette, from time to time.
Section - 22-D. Vacancy in the office of President.?
When the office of
President of a District Forum, State Commission, or of the National Commission,
as the case may be, is vacant or a person occupying such office is, by reason
of absence or otherwise, unable to perform the duties of his office, these
shall be performed by the senior most member of the District Forum, the State
Commission or of the National Commission, as the case may be:
Provided that
where a retired Judge of a High Court is a member of the National Commission,
such member or where the number of such members is more than one, the senior
most person amongst such members, shall preside over the National Commission in
the absence of President of that Commission.]
Section - [89][22-E. Qualifications, terms and conditions of service of President and Member.?
Notwithstanding
anything contained in this Act, the qualifications, appointment, term of
office, salaries and allowances, resignation, removal and the other terms and
conditions of service of the President and other members of the National
Commission appointed after the commencement of Part XIV of Chapter VI of the
Finance Act, 2017, shall be governed by the provisions of Section 184 of that
Act:
Provided that the
President and member appointed before the commencement of Part XIV of Chapter
VI of the Finance Act, 2017, shall continue to be governed by the provisions of
this Act, and the rules made thereunder as if the provisions of Section 184 of
the Finance Act, 2017 had not come into force.]
Section - 23. Appeal.?
Any person,
aggrieved by an order made by the National Commission in exercise of its powers
conferred by sub-clause (i) of clause (a) of Section 21, may prefer an appeal
against such order to the Supreme Court within a period of thirty days from the
date of the order:
Provided that the
Supreme Court may entertain an appeal after the expiry of the said period of
thirty days if it is satisfied that there was sufficient cause for not filing
it within that period:
[90][Provided
further that no appeal by a person who is required to pay any amount in terms
of an order of the National Commission shall be entertained by the Supreme
Court unless that person has deposited in the prescribed manner fifty per cent
of that amount or rupees fifty thousand, whichever is less.]
Section - 24. Finality of orders.?
Every order of a
District Forum, State Commission or the National Commission shall, if no appeal
has been preferred against such order under the provisions of this Act, be
final.
Section - [91][24-A. Limitation period.?
(1)
The District
Forum, the State Commission or the National Commission shall not admit a
complaint unless it is filed within two years from the date on which the cause
of action has arisen.
(2)
Notwithstanding
anything contained in sub-section (1), a complaint may be entertained after the
period specified in sub-section (1), if the complainant satisfies the District
Forum, the State Commission or the National Commission, as the case may be,
that he had sufficient cause for not filing the complaint within such period:
Provided that no
such complaint shall be entertained unless the National Commission, the State Commission
or the District Forum, as the case may be, records its reasons for condoning
such delay.
Section - 24-B. Administrative control.?
(1)
The National
Commission shall have administrative control over all the State Commissions in
the following matters, namely:
(i)
calling for
periodical returns regarding the institution, disposal, pendency of cases;
(ii)
issuance of
instructions regarding adoption of uniform procedure in the hearing of matters,
prior service of copies of documents produced by one party to the opposite
parties, furnishing of English translation of judgments written in any
language, speedy grant of copies of documents;
(iii)
generally
overseeing the functioning of the State Commissions or the District Fora to
ensure that the objects and purposes of the Act are best served without in any
way interfering with their quasi-judicial freedom.
(2)
The State
Commission shall have administrative control over all the District Fora within
its jurisdiction in all matters referred to in sub-section (1).]
Section - [92][25. Enforcement of orders of the District Forum, the State Commission or the National Commission.?
(1)
Where an interim
order made under this Act is not complied with, the District Forum or the State
Commission or the National Commission, as the case may be, may order the
property of the person, not complying with such order to be attached.
(2)
No attachment made
under sub-section (1) shall remain in force for more than three months at the
end of which, if the non-compliance continues, the property attached may be sold
and out of the proceeds thereof, the District Forum or the State Commission or
the National Commission may award such damages as it thinks fit to the
complainant and shall pay the balance, if any, to the party entitled thereto.
(3)
Where any amount
is due from any person under an order made by a District Forum, State
Commission or the National Commission, as the case may be, the person entitled
to the amount may make an application to the District Forum, the State
Commission or the National Commission, as the case may be, and such District
Forum or the State Commission or the National Commission may issue a
certificate for the said amount to the Collector of the district (by whatever
name called) and the Collector shall proceed to recover the amount in the same
manner as arrears of land revenue.]
Section - [93][26. Dismissal of frivolous or vexatious complaints.?
Where a complaint
instituted before the District Forum, the State Commission or, as the case may
be, the National Commission, is found to be frivolous or vexatious, it shall,
for reasons to be recorded in writing, dismiss the complaint and make an order
that the complainant shall pay to the opposite party such cost, not exceeding
ten thousand rupees, as may be specified in the order.]
Section - 27. Penalties.?
(1)
[94][Where
a trader or a person against whom a complaint is made [95][or
the complainant] fails or omits to comply with any order made by the District
Forum, the State Commission or the National Commission, as the case may be, such
trader or person [96][or
complainant] shall be punishable with imprisonment for a term which shall not
be less than one month but which may extend to three years, or with fine which
shall not be less than two thousand rupees but which may extend to ten thousand
rupees, or with both.
[97][*
* *]
(2)
[98][Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the
District Forum or the State Commission or the National Commission, as the case
may be, shall have the power of a Judicial Magistrate of the first class for
the trial of offences under this Act, and on such conferment of powers, the
District Forum or the State Commission or the National Commission, as the case
may be, on whom the powers are so conferred, shall be deemed to be a Judicial
Magistrate of the first class for the purpose of the Code of Criminal
Procedure, 1973.
(3)
All offences under
this Act may be tried summarily by the District Forum or the State Commission
or the National Commission, as the case may be.]
Section - [99][27-A. Appeal against order passed under Section 27.?
(1)
Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an
appeal under Section 27, both on facts and on law, shall lie from?
(a)
the order made by
the District Forum to the State Commission;
(b)
the order made by
the State Commission to the National Commission; and
(c)
the order made by
the National Commission to the Supreme Court.
(2)
Except as
aforesaid, no appeal shall lie to any court from any order of a District Forum
or a State Commission or the National Commission.
(3)
Every appeal under
this section shall be preferred within a period of thirty days from the date of
an order of a District Forum or a State Commission or, as the case may be, the
National Commission:
Provided that the
State Commission or the National Commission or the Supreme Court, as the case
may be, may entertain an appeal after the expiry of the said period of thirty
days, if, it is satisfied that the appellant had sufficient cause for not
preferring the appeal within the period of thirty days.]
Chapter IV
MISCELLANEOUS
Section - 28. Protection of action taken in good faith.?
No suit,
prosecution or other legal proceedings shall lie against the members of the
District Forum, the State Commission or the National Commission or any officer
or person acting under the direction of the District Forum, the State
Commission or the National Commission for executing any order made by it or in
respect of anything which is in good faith done or intended to be done by such member,
officer or person under this Act or under any rule or order made thereunder.
Section - [100][28-A. Service of notice, etc.?
(1)
All notices,
required by this Act to be served, shall be served in the manner hereinafter
mentioned in sub-section (2).
(2)
The service of
notices may be made by delivering or transmitting a copy thereof by registered
post acknowledgment due addressed to opposite party against whom complaint is
made or to the complainant by speed post or by such courier service as are
approved by the District Forum, the State Commission or the National
Commission, as the case may be, or by any other means of transmission of
documents (including Fax message).
(3)
When an
acknowledgment or any other receipt purporting to be signed by the opposite
party or his agent or by the complainant is received by the District Forum, the
State Commission or the National Commission, as the case may be, or postal
article containing the notice is received back by such District Forum, State
Commission or the National Commission, with an endorsement purporting to have
been made by a postal employee or by any person authorised by the courier
service to the effect that the opposite party or his agent or complainant had
refused to take delivery of the postal article containing the notice or had
refused to accept the notice by any other means specified in sub-section (2)
when tendered or transmitted to him, the District Forum or the State Commission
or the National Commission, as the case may be, shall declare that the notice had
been duly served on the opposite party or to the complainant:
Provided that
where the notice was properly addressed, pre-paid and duly sent by registered
post acknowledgment due, a declaration referred to in this sub-section shall be
made notwithstanding the fact that the acknowledgment has been lost or mislaid,
or for any other reason, has not been received by the District Forum, the State
Commission or the National Commission, as the case may be, within thirty days
from the date of issue of notice.
(4)
All notices
required to be served on an opposite party or to complainant shall be deemed to
be sufficiently served, if addressed in the case of the opposite party to the
place where business or profession is carried and in case of complainant, the
place where such person actually and voluntarily resides.]
Section - 29. Power to remove difficulties.?
(1)
If any difficulty
arises in giving effect to the provisions of this Act, the Central Government
may, by order in the Official Gazette, make such provisions not inconsistent
with the provisions of this Act as appear to it to be necessary or expedient
for removing the difficulty:
Provided that no
such order shall be made after the expiry of a period of two years from the
commencement of this Act.
(2)
Every order made
under this section shall, as soon as may be after it is made, be laid before
each House of Parliament.
(3)
[101][If
any difficulty arises in giving effect to the provisions of the Consumer
Protection (Amendment) Act, 2002, the Central Government may, by order, do anything
not inconsistent with such provisions for the purpose of removing the
difficulty:
Provided that no
such order shall be made after the expiry of a period of two years from the
commencement of the Consumer Protection (Amendment) Act, 2002.
(4)
Every order made
under sub-section (3) shall be laid before each House of Parliament.]
Section - [102][29-A. Vacancies or defects in appointment not to invalidate orders.?
No act or
proceeding of the District Forum, the State Commission or the National
Commission shall be invalid by reason only of the existence of any vacancy
amongst its members or any defect in the constitution thereof.]
Section - [103][30. Power to make rules.?
(1)
The Central
Government may, by notification, make rules for carrying out the provisions contained
in clause (a) of sub-section (1) of Section 2, clause (b) of sub-section (2) of
Section 4, sub-section (2) of Section 5, sub-section (2) of Section 12, clause
(vi) of sub-section (4) of Section 13, clause (hb) of sub-section (1) of
Section 14, Section 19, clause (b) of sub-section (1) and sub-section (2) of
Section 20, Section 22 and Section 23 of this Act.
(2)
The State
Government may, by notification, make rules for carrying out the provisions
contained in clauses (b) of sub-section (2) and sub-section (4) of Section 7,
clause (b) of sub-section (2) and sub-section (4) of Section 8-A, clause (b) of
sub-section (1) and sub-section (3) of Section 10, clause (c) of sub-section
(1) of Section 13, clause (hb) of sub-section (1) and sub-section (3) of Section
14, Section 15 and clause (b) of sub-section (1) and sub-section (2) of Section
16 of this Act.]
Section - [104][30-A. Power of the National Commission to make regulations.?
(1)
The National
Commission may, with the previous approval of the Central Government, by
notification, make regulations not inconsistent with this Act to provide for
all matters for which provision is necessary or expedient for the purpose of
giving effect to the provisions of this Act.
(2)
In particular and
without prejudice to the generality of the foregoing power, such regulations
may make provisions for the cost of adjournment of any proceeding before the
District Forum, the State Commission or the National Commission, as the case
may be, which a party may be ordered to pay.]
Section - [105][31. Rules and regulations to be laid before each House of Parliament.?
(1)
Every rule and
every regulation made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or regulation or both Houses agree that
the rule or regulation should not be made, the rule or regulation shall
thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule
or regulation.
(2)
Every rule made by
a State Government under this Act shall be laid, as soon as may be after it is
made, before the State Legislature.]
NOTIFICATIONS
Ministry of
Consumer Affairs, Food and Public Distribution (Deptt. of Consumer Affairs),
Noti. No. S.O. 974(E), dated August 31, 2004, published in the Gazette of
India, Extra., Part II, Section 3(ii), dated 31st August, 2004, p. 1, No. 758
In exercise of the
powers conferred by sub-section 22-C of the Consumer Protection Act, 1986 (68
of 1986), the Central Government, in consultation with the National Consumer
Disputes Redressal Commission, hereby notifies the following places as the
places other than New Delhi at which the said Commission shall perform its
functions, namely:?
1.
Ahmedabad
2.
Allahabad
3.
Bangalore
4.
Bhopal
5.
Chennai
6.
Hyderabad
7.
Jodhpur
8.
Kolkata
9.
Lucknow
10.
Nagpur
11.
Pune
Ministry of
Consumer Affairs (Food and Public Distribution (Deptt. of Consumer Affairs),
Noti. No. S.O. 2018(E), dated November 30, 2007, published in the Gazette of
India, Extra., Part II, Section 3(ii), dated 30th November, 2007, p. 1, No.
1481
In exercise of the
powers conferred by Section 22-C of the Consumer Protection Act, 1986 (68 of
1986), the Central Government, in consultation with the National Consumer
Disputes Redressal Commission, hereby notifies Kochi as the twelfth place other
than New Delhi at which the said Commission shall perform its functions.
Ministry of
Consumer Affairs, Food and Public Distribution (Deptt. of Consumer Affairs),
Noti. No. S.O. 10(E), dated January 1, 2009, published in the Gazette of India,
Extra., Part II, Section 3(ii), dated 1st January, 2009, p. 1, No. 10
In exercise of the
powers conferred by Section 22-C of the Consumer Protection Act, 1986 (68 of
1986), the Central Government, in consultation with the National Consumer
Disputes Redressal Commission, hereby notifies Jaipur as the thirteenth place
other than New Delhi at which the said Commission shall perform its functions.
Ministry of
Consumer Affairs, Food and Public Distribution (Deptt. of Consumer Affairs),
Noti. No. S.O. 24(E), dated January 1, 2016, published in the Gazette of India,
Extra., Part II, Section 3(ii), dated 5th January, 2016, p. 2, No. 23
In exercise of the
powers conferred by Section 22-C of the Consumer Protection Act, 1986 (68 of
1986), the Central Government, in consultation with the National Consumer
Disputes Redressal Commission hereby notifies Guwahati as the sixteenth place
other than New Delhi at which the said Commission shall perform its functions.
Ministry of
Consumer Affairs, Food and Public Distribution (Deptt. of Consumer Affairs),
Noti. No. S.O. 23(E), dated January 1, 2016, published in the Gazette of India,
Extra., Part II, Section 3(ii), dated 5th January, 2016, p. 2, No. 22
In exercise of the
powers conferred by Section 22-C of the Consumer Protection Act, 1986 (68 of
1986), the Central Government, in consultation with the National Consumer
Disputes Redressal Commission hereby notifies Shimla as the seventeenth place
other than New Delhi at which the said Commission shall perform its functions.
Ministry of
Consumer Affairs, Food and Public Distribution (Deptt. of Consumer Affairs), Noti.
No. G.S.R. 929(E), dated December 31, 2014, published in the Gazette of India,
Extra., Part II, Section 3(i), dated 31st December, 2014, pp. 3-4, No. 704
In exercise of the
powers conferred by sub-section (1) of Section 4 of the Consumer Protection Act,
1986 (68 of 1986) read with sub-rule (1) of Rule 3 of the Consumer Protection
Rules, 1987, the Central Government hereby constitutes the Central Consumer
Protection Council, consisting of the following members, for a period of three
years, with effect from the date of publication of this notification in the
Official Gazette, namely?
1. |
Minister
of Consumer Affairs, Food and Public Distribution |
Chairman |
2. |
Minister
of State, Consumer Affairs, Food and Public Distribution |
Vice-Chairman |
(A) Members under clause (c) of sub-rule (1) of Rule 3: |
||
3. |
Minister
in-charge of Consumer Affairs, Government of Gujarat, Gandhinagar |
Member |
4. |
Minister
in-charge of Consumer Affairs, Government of Maharashtra, Mumbai |
Member |
5. |
Minister
in-charge of Consumer Affairs, Government of Bihar, Patna |
Member |
6. |
Minister
in-charge of Consumer Affairs, Government of Chhatishgarh, Raipur |
Member |
7. |
Minister
in-charge of Consumer Affairs, Government of Haryana, Chandigarh |
Member |
8 |
Minister
in-charge of Consumer Affairs, Government of Uttar Pradesh, Lucknow |
Member |
9. |
Minister
in-charge of Consumer Affairs, Government of Andhra Pradesh, Hyderabad |
Member |
10. |
Minister
in-charge of Consumer Affairs, Government of Kerala, Thiruvananthapuram |
Member |
11. |
Minister
in-charge of Consumer Affairs, Government of Assam, Dispur |
Member |
12. |
Minister
in-charge of Consumer Affairs, Government of Meghalaya, Shillong |
Member |
(B) Member under clause (ca) of sub-rule (1) of Rule 3: |
||
13. |
Administrator
of Union Territory of Dadra & Nagar Haveli |
Member |
(C) Members of Parliament under clause (d) of sub-rule (1) of Rule 3: |
||
14. |
? |
Nomination
Awaited |
15. |
? |
Nomination
Awaited |
(D) Representatives of the Central Government Departments and
Autonomous organizations concerned with consumer interests under clause (f)
of sub-rule (1) of Rule 3: |
||
16. |
Chairman,
Food Safety and Standards Authority of India, FDA Bhawan, Kotla Road, New
Delhi |
Member |
17. |
Director
General, Bureau of Indian Standards, Manak Bhawan, New Delhi |
Member |
I8. |
Agricultural
Marketing Adviser, Directorate of Marketing & Inspection, A Block, CGO
Complex, NH-IV, Faridabad, Haryana |
Member |
19. |
Chairman,
Quality Council of India, Institution of Engineering Building, II Floor, 2,
Bahadur Shah Zafar Marg, New Delhi |
Member |
20. |
Director General,
Foreign Trade, Udyog Bhawan, New Delhi |
Member |
(E) Member under clause (fa) of sub-rule (1) of Rule 3: |
||
21. |
The
Registrar, National Consumer Disputes Redressal Commission, New Delhi or
Joint Registrar in case the post is vacant |
Member |
(F) Representatives of Consumer Organizations under clause (g) of
sub-rule (1) of Rule 3: |
||
22. |
Consumer
Unity Trust and Society (CUTS), Jaipur, Rajasthan |
Member |
23. |
Consumer
Association of India (CAI), Chennai, Tamil Nadu |
Member |
24. |
Consumer
Education and Research Centre (CERC), Ahmedabad, Gujarat |
Member |
25. |
Chair on
Consumer Law and Practice, National Law School of India University,
Bangalore, Karnataka |
Member |
(G) Representatives under clause (ga) of sub-rule (1) of Rule 3: |
||
26. |
Ms. Pushpa
Girimaji, 170, National Media Centre, Nathupura, Gurgaon |
Member |
27. |
Prof.
Suresh Mishra, Chair Professor, Centre for Consumer Studies, Indian Institute
of Public Administration (IIPA) |
Member |
28. |
Dr. Anant
Sharma, Jaipur |
Member |
29. |
Shri Y.G.
Murlidharan, Bangalore |
Member |
30. |
Shri Binod
Ashish, SAVERA, E-3, Milap Nagar, New Delhi |
Member |
(H) Members under clause (j) of sub-rule (1) of Rule 3: |
||
31. |
The
Secretary in-charge of Consumer Affairs, Government of Bihar, Patna |
Member |
32. |
The
Secretary in-charge of Consumer Affairs, Government of Tamil Nadu, Chennai |
Member |
33. |
The
Secretary in-charge of Consumer Affairs, Government of Punjab, Chandigarh |
Member |
(I) Member Secretary under clause (k) of sub-rule (1) of Rule 3: |
||
34. |
Secretary,
Department of Consumer Affairs, Ministry of Consumer Affairs Food and Public
Distribution, New Delhi |
Member-Secretary |
?(iv)
a trader has charged for the goods mentioned in the complaint a price in excess
of the price fixed by or under any law for the time being in force or displayed
on the goods or any package containing such goods;
(v)
??goods which will be hazardous to life
and safety when used, are being offered for sale to the public in contravention
of the provisions of any law for the time being in force requiring traders to
display information in regard to the contents, manner and effect of use of such
goods.?
?Explanation.?For
the purposes of sub-clause (i), ?commercial purpose? does not include use by a
consumer of goods bought and used by him exclusively for the purpose of earning
his livelihood, by means of self-employment;?
?(j)
?manufacturer? means a person who?
(i)
makes or
manufactures any goods or parts thereof; or
(ii)
does not make or
manufacture any goods but assembles parts thereof made or manufactured by
others and claims the end product to be goods manufactured by himself; or
(iii)
puts or causes to
be put his own mark on any goods made or manufactured by any other manufacturer
and claims such goods to be goods made or manufactured by himself.?
?(nn)
?restrictive trade practice? means any trade practice which requires a consumer
to buy, hire or avail of any goods or, as the case may be, services as a
condition precedent for buying, hiring or availing of other goods or services;?
?(b)
two other members, who shall be persons of ability, integrity and standing, and
have adequate knowledge or experience of, or have shown capacity in dealing
with, problems relating to economics, law, commerce, accountancy, industry,
public affairs or administration, one of whom shall be a woman.?
?(2)
Every member of the District Forum shall hold office for a term of five years
or up to the age of 65 years whichever is earlier, and shall not be eligible
for re-appointment:
Provided that a
member may resign his office in writing under his hand addressed to the State
Government and on such resignation being accepted, his office shall become vacant
and may be filled by the appointment of a person possessing any of the
qualifications mentioned in sub-section (1) in relation to the category of the
member who has resigned.?
?12. Manner
in which complaint shall be made.?A complaint in relation to any goods sold or
delivered or agreed to be sold or delivered or any service provided or agreed
to be provided may be filed with a District Forum, by?
(a)
the consumer to
whom such goods are sold or delivered or agreed to be sold or delivered or such
service provided or agreed to be provided;
(b)
any recognised
consumer association whether the consumer to whom the goods sold or delivered
or agreed to be sold or delivered or service provided or agreed to be provided
is a member of such association or not;
(c)
one or more
consumers, where there are numerous consumers having the same interest, with
the permission of the District Forum, on behalf of, or for the benefit of, all
consumers so interested; or
(d)
the Central or the
State Government.
Explanation.?For
the purposes of this section, ?recognised consumer association? means any
voluntary consumer association registered under the Companies Act, 1956 (1 of
1956), or any other law for the time being in force.?
?(a) refer a copy
of the complaint to the opposite party mentioned in the complaint directing him
to give his version of the case within a period of thirty days or such extended
period not exceeding fifteen days as may be granted by the District Forum.?
?Provided that
where the member, for any reason, is unable to conduct the proceeding till it
is completed, the President and the other member shall conduct such proceeding
de novo.?
?(3)
?Every member of the State Commission
shall hold office for a term of five years or up to the age of sixty-seven
years, whichever is earlier and shall not be eligible for re-appointment.
(4)
??Notwithstanding anything contained in
sub-section (3), a person appointed as a President or as a member before the
commencement of the Consumer Protection (Amendment) Act, 1993, shall continue
to hold such office as President or member, as the case may be, till the
completion of his term.?
?18-A. Vacancy
in the office of the President.?
When the office of
the President of the District Forum or of the State Commission, as the case may
be, is vacant or when any such President is, by reason of absence or otherwise,
unable to perform the duties of his office, the duties of the office shall be
performed by such person, who is qualified to be appointed as President of the
District Forum or, as the case may be, of the State Commission, as the State
Government may appoint for the purpose.?
?(3)
?Every member of the National Commission
shall hold office for a term of five years or up to the age of seventy years,
whichever is earlier and shall not be eligible for re-appointment.
(4)
??Notwithstanding anything contained in
sub-section (3), a person appointed as a President or as a member before the
commencement of the Consumer Protection (Amendment) Act, 1993, shall continue
to hold such office as President or member, as the case may be, till the
completion of his term.?
?22. Power of
and procedure applicable to the National Commission.?
The National
Commission shall, in the disposal of any complaints or any proceedings before
it, have?
(a)
the powers of a
civil court as specified in sub-sections (4), (5) and (6) of Section 13;
(b)
the power to issue
an order to the opposite party directing him to do any one or more of the
things referred to in clauses (a) to (i) of sub-section (1) of Section 14, and
follow such procedure as may be prescribed by the Central Government.?
?25. Enforcement
of orders by the Forum, the State Commission or the National Commission?
Every order made
by the District Forum, the State Commission or the National Commission may be
enforced by the District Forum, the State Commission or the National
Commission, as the case may be, in the same manner as if it were a decree or
order made by a Court in a suit pending therein and it shall be lawful for the
District Forum, the State Commission or the National Commission to send, in the
event of its inability to execute it, such order to the Court within the local
limits of whose jurisdiction,?
(a)
in the case of an
order against a company, the registered office of the company is situated, or
(b)
in the case of an
order against any other person, the place where the person concerned
voluntarily resides or carries on business or personally works for gain, is
situated, and thereupon, the court to which the order is so sent, shall execute
the order as if it were a decree or order sent to it for execution.?
?Provided that the
District Forum, the State Commission or the National Commission, as the case
may be, may, if it is satisfied that the circumstances of any case so require,
impose a sentence of imprisonment or fine, or both, for a term lesser than the
minimum term and the amount lesser than the minimum amount, specified in this
section.?
?30. Power to
make rules.?
(1)
The Central
Government may, by notification, make rules for carrying out the provisions
contained in [clause (a) of sub-section (1) of Section 2] clause (b) of
sub-section (2) of Section 4, sub-section (2) of Section 5, clause (vi) of
sub-section (4) of Section 13, Section 19, sub-section (2) of Section 20 and
Section 22 of this Act.
(2)
The State
Government may, by notification, make rules for carrying out the provisions
contained in [clause (b) of sub-section (2) and sub-section (4) of Section 7,]
sub-section (3) of Section 10, clause (c) of sub-section (1) of Section 13,
sub-section (3) of Section 14, Section 15 and sub-section (2) of Section 16.?
?31. Laying
of rules.?
(1)
Every rule made by
the Central Government under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
(2)
Every rule made by
a State Government under this Act shall be laid as soon as may be after it is
made, before the State Legislature.?
[1] Received the assent of the President on December 24, 1986 and
published in the Gazette of India, Extra., Part II, Section 1, dated 26th
December, 1986, pp. 1-12.
[2] Subs. by Act 50 of 1993, S. 2 (w.e.f. 18-6-1993).
[3] Ins. by Act 50 of 1993, S. 2 (w.e.f. 18-6-1993).
[4] Ins. by Act 50 of 1993, S. 2 (w.e.f. 18-6-1993).
[5] Ins. by Act 62 of 2002, S. 2 (w.e.f. 15-3-2003).
[6] ?Subs. by Act 50 of 1993, S.
2 (w.e.f. 18-6-1993).
[7] Subs. by Act 62 of 2002, S. 2 (w.e.f. 15-3-2003).
[8] Subs.
by Act 50 of 1993, S. 2 (w.e.f. 18-6-1993).
[9] Subs. by Act 50 of 1993, S. 2 (w.e.f. 18-6-1993).
[10] Subs. for sub-clauses (iv) and (v) by Act 62 of 2002, S. 2 (w.e.f.
15-3-2003). Prior to substitution clauses (iv) and (v) read as:
[11] Subs.
by Act 50 of 1993, S. 2 (w.e.f. 18-6-1993).
[12] Subs. by Act 50 of 1993, S. 2 (w.e.f. 18-6-1993).
[13] Ins. by Act 62 of 2002, S. 2 (w.e.f. 15-3-2003).
[14] Subs. by Act 62 of 2002, S. 2 (w.e.f. 15-3-2003). Prior to
substitution it read as:
[15] Ins. by Act 50 of 1993, S. 2 (w.e.f. 18-6-1993).
[16] Subs. by Act 62 of 2002, S. 2 (w.e.f. 15-3-2003). Prior to
substitution it read:
[17] Ins. by Act 50 of 1993, S. 2 (w.e.f. 18-6-1993).
[18] Subs. by Act 62 of 2002, S. 2 (w.e.f. 15-3-2003). Prior to
substitution it read as:
[19] Subs. by Act 62 of 2002, S. 2 (w.e.f. 15-3-2003).
[20] Ins. by Act 50 of 1993, S. 2 (w.e.f. 18-6-1993).
[21] Ins. by Act 62 of 2002, S. 2 (w.e.f. 15-3-2003).
[22] Subs. by Act 50 of 1993, S. 2 (w.e.f. 18-6-1993).
[23] Ins. by Act 62 of 2002, S. 2 (w.e.f. 15-3-2003).
[24] Ins. by Act 62 of 2002, S. 2 (w.e.f. 15-3-2003).
[25] Subs. for ?may? by Act 62 of 2002, S. 3 (w.e.f. 15-3-2003).
[26] Subs. by Act 50 of 1993, S. 3 (w.e.f. 18-6-1993).
[27] Subs. by Act 50 of 1993, S. 4 for ?not less than three meetings?
(w.e.f. 18-6-1993).
[28] Ins. by Act 50 of 1993, S. 5 (w.e.f. 18-6-1993).
[29] Ins. by Act 50 of 1993, S. 5 (w.e.f. 18-6-1993).
[30] Ins. by Act 50 of 1993, S. 5 (w.e.f. 18-6-1993).
[31] Ins. by Act 50 of 1993, S. 5 (w.e.f. 18-6-1993).
[32] Subs.
for ?may? by Act 62 of 2002, S. 4 (w.e.f. 15-3-2003).
[33] Subs. for sub-section (2) by Act 50 of 1993, S. 6 (w.e.f.
18-6-1993).
[34] Ins. by Act 62 of 2002, S. 4 (w.e.f. 15-3-2003).
[35] Ins. by Act 62 of 2002, S. 5 (w.e.f. 15-3-2003).
[36] Words ?with the prior approval of the Central Government? omitted
by Act 50 of 1993, S. 7 (w.e.f. 18-6-1993).
[37] Ins. by Act 50 of 1993, S. 7 (w.e.f. 18-6-1993).
[38] Words ?with the prior approval of the Central Government? omitted
by Act 50 of 1993, S. 7 (w.e.f. 18-6-1993).
[39] Subs.
by Act 50 of 1993, S. 8 (w.e.f. 18-6-1993).
[40] Subs.
by Act 62 of 2002, S. 6 (w.e.f. 15-3-2003). Prior to substitution it read:
[41] Ins.
by Act 50 of 1993, S. 8 (w.e.f. 18-6-1993).
[42] Ins.
by Act 62 of 2002, S. 6 (w.e.f. 15-3-2003).
[43] Subs. by Act 62 of 2002, S. 6 (w.e.f. 15-3-2003). Prior to
substitution it read:
[44] Ins. by Act 62 of 2002, S. 6 (w.e.f. 15-3-2003).
[45] Subs.
by Act 50 of 1993, S. 8 (w.e.f. 18-6-1993).
[46] Subs. for ?five? by Act 62 of 2002, S. 7 (w.e.f. 15-3-2003).
[47] Subs. by Act 50 of 1993, S. 8 (w.e.f. 18-6-1993).
[48] Subs.
for ?is less than rupees one lakh? by Act 50 of 1993, S. 9 (w.e.f. 18-6-1993).
[49] Subs.
by Act 50 of 1993, S. 9 (w.e.f. 18-6-1993).
[50] Subs. by Act 62 of 2002, S. 8 (w.e.f. 15-3-2003). Prior to
substitution it read:
[51] Subs. for ?receipt? by Act 62 of 2002, S. 9 (w.e.f. 15-3-2003).
[52] Subs. for ?receipt? by Act 62 of 2002, S. 9 (w.e.f. 15-3-2003).
[53] Subs.
by Act 62 of 2002, S. 9 (w.e.f. 15-3-2003). Prior to substitution clause (a)
read:
[54] Subs. for ?received? by Act 62 of 2002, S. 9 (w.e.f. 15-3-2003).
[55] Subs. by Act 62 of 2002, S. 9 (w.e.f. 15-3-2003).
[56] Ins. by Act 62 of 2002, S. 9 (w.e.f. 15-3-2003).
[57] Ins. by Act 62 of 2002, S. 9 (w.e.f. 15-3-2003).
[58] Ins. by Act 50 of 1993, S. 11 (w.e.f. 18-6-1993).
[59] Ins. by Act 62 of 2002, S. 9 (w.e.f. 15-3-2003).
[60] Subs. for ?take? by Act 50 of 1993, S. 12 (w.e.f. 18-6-1993).
[61] Ins. by Act 62 of 2002, S. 10 (w.e.f. 15-3-2003).
[62] Ins. by Act 50 of 1993, S. 12 (w.e.f. 18-6-1993).
[63] Subs. by Act 62 of 2002, S. 10 (w.e.f. 15-3-2003).
[64] Ins. by Act 62 of 2002, S. 10 (w.e.f. 15-3-2003).
[65] Subs. by Act 34 of 1991, S. 2 (w.e.f. 15-6-1991).
[66] Subs. by Act 62 of 2002, S. 10 (w.e.f. 15-3-2003). Prior to
substitution it read:
[67] Ins. by Act 62 of 2002, S. 11 (w.e.f. 15-3-2003).
[68] Ins. by Act 50 of 1993, S. 13 (w.e.f. 18-6-1993).
[69] Subs. by Act 62 of 2002, S. 12 (w.e.f. 15-3-2003).
[70] Ins. by Act 62 of 2002, S. 12 (w.e.f. 15-3-2003).
[71] Words ?including tenure of office? omitted by Act 50 of 1993, S. 13
(w.e.f. 18-6-1993).
[72] Ins. by Act 62 of 2002, S. 12 (w.e.f. 15-3-2003).
[73] Subs. by Act 62 of 2002, S. 12 (w.e.f. 15-3-2003). Prior to
substitution it read:
[74] Renumbered as sub-section (1) by Act 62 of 2002, S. 13 (w.e.f.
15-3-2003).
[75] Subs. for ?five lakh but does not exceed rupees twenty lakhs? by
Act 62 of 2002, S. 13 (w.e.f. 15-3-2003).
[76] Ins. by Act 62 of 2002, S. 13 (w.e.f. 15-3-2003).
[77] Ins.
by Act 62 of 2002, S. 14 (w.e.f. 15-3-2003).
[78] Subs. by Act 50 of 1993, S. 15 (w.e.f. 18-6-1993).
[79] Omitted by Act 62 of 2002, S. 15 (w.e.f. 15-3-2003). Prior to
omission it read:
[80] Ins. by Act 62 of 2002, S. 16 (w.e.f. 15-3-2003).
[81] Ins. by Act 62 of 2002, S. 17 (w.e.f. 15-3-2003).
[82] Ins. by Act 50 of 1993, S. 16 (w.e.f. 18-6-1993).
[83] Subs. by Act 62 of 2002, S. 18 (w.e.f. 15-3-2003).
[84] Ins. by Act 62 of 2002, S. 18 (w.e.f. 15-3-2003).
[85] Words ?(including tenure of office)? omitted by Act 50 of 1993, S.
16 (w.e.f. 18-6-1993).
[86] Subs. by Act 62 of 2002, S. 18 (w.e.f. 15-3-2003). Prior to
substitution it read:
[87] Subs. for ?twenty lakhs? by Act 62 of 2002, S. 19 (w.e.f.
15-3-2003).
[88] Subs. by Act 62 of 2002, S. 20 (w.e.f. 15-3-2003). Prior to
substitution it read as:
[89] Ins.
by Act 7 of 2017, S. 177 (w.e.f. 26-5-2017).
[90] Ins. by Act 62 of 2002, S. 21 (w.e.f. 15-3-2003).
[91] Ss. 24-A and 24-B ins. by Act 50 of 1993, S. 19 (w.e.f. 18-6-1993).
Ordinance 24 of 1993 had specified ?one year? in sub-section (1) of S. 24-A.
[92] Subs. by Act 62 of 2002, S. 22 (w.e.f. 15-3-2003). Prior to
substitution it read:
[93] Subs. by Act 50 of 1993, S. 20 (w.e.f. 18-6-1993).
[94] S. 27 renumbered as sub-section (1) by Act 62 of 2002, S. 23
(w.e.f. 15-3-2003).
[95] Ins. by Act 50 of 1993, S. 21 (w.e.f. 18-6-1993).
[96] Ins.
by Act 50 of 1993, S. 21 (w.e.f. 18-6-1993).
[97] Omitted by Act 62 of 2002, S. 23 (w.e.f 15-3-2003). Prior to
omission it read as:
[98] Ins. by Act 62 of 2002, S. 23 (w.e.f. 15-3-2003).
[99] Ins. by Act 62 of 2002, S. 24 (w.e.f. 15-3-2003).
[100] Ins. by Act 62 of 2002, S. 25 (w.e.f. 15-3-2003).
[101] Ins. by Act 62 of 2002, S. 26 (w.e.f. 15-3-2003).
[102] Ins. by Act 34 of 1991, S. 4 (w.e.f. 15-6-1991).
[103] Subs. by Act 62 of 2002, S. 27 (w.e.f. 15-3-2003). Prior to the
substitution it read:
[104] Ins. by Act 62 of 2002, S. 28 (w.e.f. 15-3-2003).
[105] Subs. by Act 62 of 2002, S. 29 (w.e.f. 15-3-2003). Prior to
substitution it read: