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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

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

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

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:-

Rule - 1. Short title and commencement.--

(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.

Rule - 2. Scope and applicability.--

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.

Rule - 3. Definitions.--

(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.

Rule - 4. Salaries payable to President of District Commission.--

(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.

Rule - 5. Remuneration/honorarium payable to members of District Commission.--

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.

Rule - 6. Salaries payable to President of the State Commission.--

(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.

Rule - 7. Remuneration/honorarium payable to members of State Commission.--

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.

Rule - 8. Medical fitness.--

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.

Rule - 9. House rent allowance.--

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.

Rule - 10. Travelling and daily allowance.--

(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.

Rule - 11. Leave and medical treatment and hospital facilities.--

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.

Rule - 12. Declaration of Financial and other Interests.--

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.

Rule - 13. Other conditions of service.--

(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).

Rule - 14. Oaths of office and secrecy.--

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.

Rule - 15.

The salary, remunerations and other allowances shall be defrayed out of the Consolidated Fund of the State.

Rule - 16.

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.