[Consumer Protection (Qualification
for appointment, method of recruitment, procedure of appointment, term of
office, resignation and removal of the President and members of the State
Commission and District Commission) Rules, 2020][1] [15th
July, 2020] In exercise of the powers
conferred by sections 29 and 43, read with clauses (n) and (w) of sub-section
(2) of section 101 of the Consumer Protection Act, 2019 (35 of 2019), the
Central Government hereby makes the following rules, namely. (1) These rules may be called
the Consumer Protection (Qualification for appointment, method of
recruitment, procedure of appointment, term of office, resignation and removal
of the President and members of the State Commission and District Commission) Rules,
2020. (2) They shall come into force
on the 20th day of July, 2020. (1) In these rules, unless the
context otherwise requires, (a)
“Act”
means the Consumer Protection Act, 2019 (35 of 2019); (b)
“Selection
Committee” means the Selection Committee referred to in sub-rule (1) of rule 6; (2) The words and expressions
used herein, but not defined and defined in the Act shall have the same meaning
assigned to them in the Act. (1) A person shall not be
qualified for appointment as President, unless he is, or has been, a Judge of
the High Court; (2) A person shall not be
qualified for appointment as a member unless he is of not less than forty years
of age and possesses. (a)
an
experience of at least ten years as presiding officer of a district court or of
any tribunal at equivalent level or combined service as such in the district
court and tribunal: Provided that not more than
fifty percent of such members shall be appointed; or (b)
a
bachelor's degree from a recognised university and is a person of ability,
integrity and standing, and has special knowledge and professional experience
of not less than twenty years in consumer affairs, law, public affairs,
administration, economics, commerce, industry, finance, management,
engineering, technology, public health or medicine: (3) At least one member or the
President of the State Commission shall be a woman. (1) A person shall not be
qualified for appointment as President, unless he is, or has been, or is
qualified to be a District Judge. (2) A person shall not be
qualified for appointment as member unless he. (a)
is
of not less than thirty-five years of age; (b)
possesses
a bachelor's degree from a recognised University; and (c)
is
a person of ability, integrity and standing, and having special knowledge and
professional experience of not less than fifteen years in consumer affairs,
law, public affairs, administration, economics, commerce, industry, finance,
management, engineering, technology, public health or medicine. (3) At least one member or the
President of the District Commission shall be a woman. A person shall be
disqualified for appointment as the President or a member of a State Commission
or District Commission if he. (1) has been convicted and
sentenced to imprisonment for an offence which involves moral turpitude; or (2) has been adjudged to be
insolvent; or (3) is of unsound mind and
stands so declared by a competent court; or (4) has been removed or
dismissed from the service of the State Government or Central Government or a
body corporate owned or controlled by such Government; or (5) has, in the opinion of the
State Government, such financial or other interest as is likely to
prejudicially affect his functions as the President or a member. (1) The President and members
of the State Commission and the District Commission shall be appointed by the
State Government on the recommendation of a Selection Committee, consisting of
the following persons, namely. (a)
Chief
Justice of the High Court or any Judge of the High Court nominated by him-
Chairperson; (b)
Secretary
in charge of Consumer Affairs of the State Government − Member; (c)
Nominee
of the Chief Secretary of the State—Member. (2) The Secretary in charge of
Consumer Affairs of the State Government shall be the convener of the Selection
Committee. (3) No appointment of the
President, or of a member shall be invalid merely by reason of any vacancy or
absence in the Selection Committee other than a vacancy or absence of the
Chairperson. (4) The process of appointments
shall be initiated by the State Government at least six months before the
vacancy arises. (5) If a post falls vacant due
to resignation or death of a member or creation of a new post, the process for
filling the post shall be initiated immediately after the post has fallen
vacant or is created, as the case may be. (6) The advertisement of a
vacancy inviting applications for the posts from eligible candidates shall be
published in leading newspapers and circulated in such other manner as the
State Government may deem appropriate. (7) After scrutiny of the
applications received till the last date specified for receipt of such
applications, a list of eligible candidates along with their applications shall
be placed before the Selection Committee. (8) The Selection Committee
shall consider all the applications of eligible applicants referred to it and
if it considers necessary, it may shortlist the applicants in accordance with
such criteria as it may decide. (9) The Selection Committee
shall determine its procedure for making its recommendation keeping in view the
requirements of the State Commission or the District Commission and after
taking into account the suitability, record of past performance, integrity and
adjudicatory experience. (10) The Selection committee
shall recommend a panel of names of candidates for appointment in the order of
merit for the consideration of the State Government. (11) The State Government shall
verify or cause to be verified the credentials and antecedents of the
recommended candidates. (12) Every appointment of a
President or member shall be subject to submission of a certificate of physical
fitness as indicated in the annexure appended to these rules, duly signed by a
civil surgeon or District Medical Officer. (13) Before appointment, the
selected candidate shall furnish an undertaking that he does not and will not
have any such financial or other interest as is likely to affect prejudicially
his functions as a President or member. The President or any member
may, by writing under his hand addressed to the State Government, resign his
office at any time: Provided that the President
or member shall, unless he is permitted by the State Government to relinquish
office sooner, continue to hold office until the expiry of three months from
the date of receipt of such notice or until a person duly appointed as a successor
enters upon his office or until the expiry of his term of office, whichever is
the earliest. (1) The State Government shall
remove from office any President or member, who (a)
has
been adjudged as an insolvent; or (b)
has
been convicted of an offence which involves moral turpitude; or (c)
has
become physically or mentally incapable of acting as such member; or (d)
has
acquired such financial or other interest as is likely to affect prejudicially
his functions as a member; or (e)
has
so abused his position as to render his continuance in office prejudicial to
public interest: Provided that where a
President or member is proposed to be removed on any ground specified in clauses
(c) to (e), the President or member shall be informed of the charges against
him and given an opportunity of being heard in respect of those charges. (1) If a written complaint is
received by the State Government, alleging any definite charge of misbehavior
or incapacity to perform the functions of the office in respect of the
President or a Member of the State Commission or District Commission, the State
Government shall make a preliminary scrutiny of such complaint. (2) If on preliminary scrutiny,
the State Government is of the opinion that there are reasonable grounds for
making an inquiry into the truth of any misbehavior or incapacity of the
President or a Member of the State Commission or District Commission, it shall
make a reference to the National Commission in the case of State Commission and
to the State Commission in the case of District Commission to conduct the inquiry. (3) The National Commission or
the State Commission, as the case may be, shall complete the inquiry within
three months or such further time as may be specified by the National
Commission. (4) After the conclusion of the
inquiry, the National Commission or the State Commission, as the case may be,
shall submit its report to the State Government stating therein its findings
and the reasons therefor on each of the charges separately with such
observations on the whole case as it may think fit. (5) The National Commission or
the State Commission, as the case may be, shall not be bound by the procedure
laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided
by the principles of natural justice and shall have power to regulate its own
procedure, including the fixing of date, place and time of its inquiry. (1) The President of the State
Commission shall hold office for a term of four years or upto the age of
sixty-seven years, whichever is earlier and shall be eligible for reappointment
for another term of four years subject to the age limit of sixty-seven years,
and such reappointment shall be made on the basis of the recommendation of the
Selection Committee. (2) Every member of the State
Commission and the President and every member of the District Commission shall
hold office for a term of four years or upto the age of sixty-five years,
whichever is earlier and shall be eligible for reappointment for another term
of four years subject to the age limit of sixty-five years, and such
reappointment shall be made on the basis of the recommendation of the Selection
Committee.][2] ANNEXURE [See
rule 6(12)] CERTIFICATE
OF PHYSICAL FITNESS I hereby certify that I
have examined Shri/Smt./Ms…………………………………………….. and that I have not discovered
that he/she has any disease (communicable or otherwise), constitutional
weakness or bodily infirmity, except…………………………… I do not consider this a
disqualification for his/her for employment as member in the State/District
Consumer Disputes Redressal Commission for a period of four years or up to the
age of sixty five years, whichever is earlier. Date………. Signature of candidate Signature Designation (Civil Surgeon/District
Medical Officer) [1] Ministry of Consumer
Affairs, Food and Public Distribution, (Department of Consumer Affairs), G.S.R.
452(E), Extra., Part II, S. 3(i), dated 15-7-2020, published in the Gazette of
India, No. 348, dated 15-7-2020. [2] Subs. by G.S.R.
704(E), dated 15-9-2022 (w.e.f. 15-9-2022). Prior to substitution it read as: “10.
Term of office of President or Member. The President and every member of the
State Commission and the District Commission shall hold office for a term of
four years or up to the age of sixty-five years, whichever is earlier and shall
be eligible for reappointment for another term of four years subject to the age
limit of sixty-five years, and such reappointment is made on the basis of the
recommendation of the Selection Committee.”Consumer Protection (Qualification for
appointment, method of recruitment, procedure of appointment, term of office,
resignation and removal of the President and members of the State Commission
and District Commission) Rules, 2020