The Government of Bihar, in exercise
of the powers conferred by Section-6 and 8 of the Consumer Protection Act, 2019
(Act No. 35 of 2019), makes the following Rules:- (1)
These rules may be called as Consumer
Protection (State Consumer Protection Council and District Consumer Protection
Council) Rules, 2021. (2)
It shall extend to the whole of the State of
Bihar. (3)
It shall come into force from the date of its
publication in the official Gazette. (1)
In these rules, unless the context otherwise
requires, (a)
Act means the Consumer Protection Act, 2019
(Act No. 35 of 2019); (b)
'State Council means the State Consumer
Protection Council established under sub-section-1 of section 6 of the Act: (c)
District Council means the District Consumer
Protection Council established under sub-section-1 of section 8; (d)
Chairperson means the Chairperson of the State
Council and the District Council; (e)
The words and expression used herein, but not
defined, and defined in the Act shall have the meaning assigned to them in the
Act. (a)
State Consumer Protection Council (i)
Composition of State Consumer Protection
Council- The State Consumer Protection Council
shall have a maximum of 30 members. The composition of the said council shall
be as follows: A.
Minister, Department of Food and Consumer
Protection, Bihar, Patna who shall be Chairperson of the State Consumer
Protection Council. B.
(i) Principal Secretary/Secretary, Finance
Department. (ii) Principal Secretary/Secretary,
Health Department. (iii) Principal Secretary/Secretary,
Industries Department. (iv) Principal Secretary/Secretary,
Agriculture Department. (v) Principal Secretary/Secretary,
Panchayati Raj Department. (vi) Principal Secretary/Secretary,
Urban Development and Housing Department. (vii) Principal Secretary/Secretary,
Commercial Taxes Department. (viii) Food Safety Commissioner,
Health Department. (ix) President, State Level Banker's
Committee, Bihar. (x) President, Bihar Industries
Association. (xi) Director, Directorate of Consumer
Protection. (xii) Controller, Weights &
Measure, Agriculture Department, Bihar. (xiii) Director, Information and
Public Relations Department, Bihar. C.
Registrar, State Consumer Disputes Redressal
Commission, Bihar, Patna. D.
Not more than 4 representatives with proven
expertise and experience who are capable of representing consumer interests,
drawn from amongst consumer organizations, consumer activists, research and
training organizations, academicians, farmers, trade and industry organizations
(of whom at least one shall be woman) to be nominated by the State government. E.
Such number of other official or non-official
members, not exceeding ten, as may be nominated by the Central Government. F.
Secretary, Food and Consumer Protection
Department, Bihar, Patna shall be the Member Secretary of State Consumer
Protection Council. (b)
District Consumer Protection Council (a)
Composition of District Council - Each
District Consumer Protection Council shall have a maximum of 15 members. The
composition of the said council will be as follows:- A.
District Magistrate who shall be Chairperson
of District Consumer Protection Council. B.
(i) Deputy Development Commissioner. (ii) President, District Consumer
Disputes Redressal Commission. (iii) District Education Officer. (iv) District Civil Surgeon-cum-Chief
Medical Officer. (v) District Supply Officer. (vi) District Welfare Officer. (vii) District Agriculture Officer. (viii) District Panchayati Raj
Officer. (ix) General Manager, District
Industries Center. (x) District Program Officer (ICDS). (xi) District Weights & Measure
Officer. (xii) Manager, District Lead Bank. C.
Not more than 2 representatives with proven
expertise and experience who are capable of representing consumer interests,
drawn from amongst consumer organizations, consumer activists, research and
training institutions, academicians, farmers, trade and industry organizations
(of whom at least one shall be woman) to be nominated by the State government. (c)
Unless otherwise required in this context,
the Consumer Protection Council in this notification means the State Consumer
Protection Council/District Consumer Protection Council. The term of the Consumer Protection
Council shall be of three years, provided the Consumer Protection Council shall
continue to function for a further period of three months or till its
reconstitution, whichever is earlier. Any member may, by notice in writing
under his hand addressed to the Chairperson of the Consumer Protection Council,
resign from the Consumer Protection Council. (1)
The vacancy arising on account of resignation
of a member under clause 3 (a) and (b) above shall be filled through fresh
appointment from the same category of members. (2)
The person appointed to fill a vacancy
arising on account of resignation of a member under clause 3 (a) and (b) above
shall hold the office only for the period of time that the original member
would have been entitled to hold office, had the vacancy not occurred. (1)
For the purpose of performing its functions
under the Act, the Consumer Protection Council may constitute from amongst its
members, such working group as it may deem necessary, and each working group so
constituted shall perform such task as are assigned to it by the Consumer Protection
Council. (2)
The Consumer Protection Council shall entrust
to each Working Group clearly defined tasks which are specified through the
terms of reference, and which shall also include the time period within which
such task are to be completed. (3)
The Working Group shall report to the
Chairperson of the Consumer Protection Council. (4)
The findings of each working group shall be
placed before the Consumer Protection Council for its consideration. (5)
The working group shall cease to function
after the completion of the task for which it was constituted. (1)
The meeting of State Consumer Protection
Council shall ordinarily be held in the capital territory of Patna and the
meeting of District Consumer Protection Council shall be held at the respective
district headquarters. Provided the Consumer Protection
Council may also hold its meeting at any other place in the State or the
District as the case may be, wherever in the opinion of the Chairperson, it
expedient so to do. (2)
The meetings of the Consumer Protection
Council shall be presided over by the Chairperson, or in his absence by a
member of the Consumer Protection Council elected for this purpose. (3)
The meeting of the Consumer Protection
Council may be called with the approval of the Chairperson by issuing a notice
in writing to every member at least fifteen days before the intended date of
the meeting by post, or through e-mail to facilitate speedy communication. (4)
The notice of every meeting of the Consumer
Protection Council shall intimate the time, date, and place of the meeting and
the items of agenda for the meeting. (5)
Any business not included in the agenda shall
not be transacted at a meeting of the Consumer Protection Council except with
the permission of the Chairperson or the member presiding over the meeting, as
the case may be. (6)
The draft of the minutes of each meeting of
the Consumer Protection Council shall be prepared as soon as possible and not
later than one week from the conclusion of each meeting and the same shall be
submitted to the Chairperson or the member presiding over the meeting for his
approval. (7)
The draft of the minutes of each meeting of
the Consumer Protection Council approved by the Chairperson or the member
presiding over the meeting shall be forwarded to each member of the Consumer
Protection Council as soon as possible for adoption at the next meeting. (8)
No proceeding of the Consumer Protection
Council shall be invalid merely by reasons of existence of any vacancy in or
any defect in the constitution of the Consumer Protection Council. Members of the Consumer Protection
Council shall be entitled to the following: (a)
Traveling Allowance of Members:- Members of State Legislative Assembly
or Legislative Council attending meeting of Consumer Protection Council and
Government officials/employees shall be entitled to Traveling Allowance at the
rate which is admissible to them and shall be charged from the salary head. (b)
Every claim made under sub-rule (a) shall be
subject to the member of the Consumer Protection Council certifying that he
shall not claim any benefit from any other department or organization of the
State Government during his visit for the purpose of attending the meeting of
the Consumer Protection Council or any of its working groups. (c)
No travel allowance shall be payable to local
members. Other non-government members shall be entitled to such travel
allowance and daily allowance which is admissible to the Class-I officials of
the State Government and will be payable from the 'head' 3456 'Nagrik Purti
Yojna'.CONSUMER PROTECTION (STATE
CONSUMER PROTECTION COUNCIL AND DISTRICT CONSUMER PROTECTION COUNCIL) RULES,
2021
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