In exercise of the powers
conferred by sections 30 and 44 and clauses (h) and (m) of sub-section (2) of
section 102 of the Consumer Protection Act, 2019 (35 of 2019), the Governor of
Himachal Pradesh is pleased to make the following rules, namely:- (1)
These rules may be called the
Himachal Pradesh Consumer Protection (Salary and other terms and conditions of
service of the President and Members of the District Commission/State
Commission) Rules, 2021. (2)
These rules shall come into force
on the date of publication in the Rajpatra (e-Gazette), Himachal Pradesh. These rules shall apply to
those incumbents who are appointed on or after coming into force of the
Consumer Protection Act, 2019 (35 of 2019) in the State of Himachal Pradesh. (1)
In these rules, unless the
context otherwise requires, -- (a)
'Act' means the Consumer
Protection Act, 2019 (35 of 2019); (b)
'Member' means a member of the
District Commission or the State Commission, as the case may be; (c)
'President' means the President
of the District Commission or the State Commission, as the case may be; and (d)
'State Government' means
Government of Himachal Pradesh. (2)
The words and expressions used in
these rules but not defined shall have the same meaning as assigned to them in
the Act. (1)
If a person who is District Judge
is appointed as the President of the District Commission then he shall be
entitled to receive the salary which he was getting on the date of his such
appointment. (2)
In case the retired District
Judge has been appointed as President of the District Commission then he shall
be entitled to such salary as is admissible to District Judge of the State reduced
by the gross amount of pension drawn by him. (3)
If the President of the District
Commission is a person qualified to be District Judge then he shall be entitled
to salary to the minimum of the pay scale of the District Judge of the State. The members of the
Commission shall be appointed on part- time basis and shall be paid a
consolidated remuneration/honorarium as may be prescribed from time to time by
the State Government. (1)
If a person who is Judge of the
High Court is appointed as President of the State Commission then he shall
receive the salary which he was receiving at the time of his such appointment. (2)
In case the retired Judge of the
High Court has been appointed as President of the State Commission then he
shall be entitled to such salary as is admissible to the sitting Judge of High
Court of the State reduced by the gross amount of pension drawn by him. The members of the State
Commission shall be appointed on part-time basis and shall be paid a
consolidated remuneration/honorarium of rupees two thousand five hundred per
sitting. No person shall be
appointed as President of the District Commission and State Commission unless
he/she is declared medically fit by an authority specified by the State
Government in this behalf. The President of the
District Commission and State Commission shall be entitled to house rent
allowance at the same rate as is admissible to 'Grade-I' officer of the State
Government of a corresponding status. (1)
The President and the members of
the District Commission and State Commission shall be entitled to travelling
and daily allowances on official tours equivalent to the entitlements of
'Grade-I' officers of the State Government of corresponding status. (2)
President of the District
Commission and State Commission shall be entitled to an attached vehicle. The President of the
District Commission and the State Commission shall be entitled to leave,
medical treatment and hospital facilities as per the provisions as are
applicable to the employees of the State Government. The President and Member
of the District Commission and State Commission shall, before entering upon
his/her office, declare his/her assets, and his/her liabilities and financial
and other interests. (1)
The terms and conditions of
service of the President with respect to which no express provision has been
made in these rules, shall be such as are admissible to a 'Grade-I' Officer of
the State Government of a corresponding status. (2)
The President shall not practise
before the National Commission, the State Commission or the District Commission
after demitting the office of the District Commission or the State Commission,
as the case maybe. (3)
The President or member shall not
undertake any arbitration work while functioning in these capacities in the
District Commission or the State Commission, as the case may be. (4)
The President of the District
Commission or the State Commission, as the case may be, shall not, for a period
of two years from the date on which they cease to hold office, accept any
employment in, or connected with the management or administration of, any
person who has been a party to a proceeding before the District Commission or
the State Commission: Provided that nothing
contained in these rules shall apply to any employment under the Central
Government or a State Government or a local authority or in any statutory
authority or any corporation established by or under any Central, State or
Provincial Act or a Government company as defined in clause (45) of section 2
of the Companies Act, 2013 (18 of 2013). Every person appointed to
be the President and Member shall, before entering upon his/her office, make
and subscribe an oath of office in Form I and oath of secrecy in Form II
appended to these rules. The salary, remunerations
and other allowances shall be defrayed out of the Consolidated Fund of the
State. The terms and conditions
of the service of the President and the members of the District Commission and
the State Commission shall not be varied to their disadvantage during their
tenure of office.HIMACHAL
PRADESH CONSUMER PROTECTION (SALARY AND OTHER TERMS AND CONDITIONS OF SERVICE
OF THE PRESIDENT AND MEMBERS OF THE DISTRICT COMMISSION/STATE COMMISSION)
RULES, 2021
PREAMBLE