JAMMU AND KASHMIR CONSUMER PROTECTION RULES, 1987

[10th March, 1988]

PREAMBLE

In exercise of the powers conferred by section 24 of the Jammu and Kashmir Consumer Protection Act, 1987 (Act No. XVI of 1987), the Government hereby make the following rules, namely:-

Rule - 1.Short title and Commencement

(1)     These rules may be called the Jammu and Kashmir Consumer Protection Rules, 1987.

[1][(2) They shall come into force from the date of commencement of the Act.]

Rule - 2.Definitions

In these rules, unless the context otherwise requires-

(a)      "Act" means the Jammu and Kashmir Consumer Protection Act, 1987;

(b)      "Agent" means a person duly authorised by a party to present any complaint, appeal or reply on its behalf before the State Commission;

(c)      "Appellant" means a party which makes an appeal against the order of the Divisional Forum;

(d)      "Chairman" means the Chairman of the State Consumer Protection Council established under section 4 of the Act;

(e)      "Memorandum" means any memorandum of appeal filed by the appellant;

(f)       "Opposite party" means a person who answers complaint or claim;

(g)      "Respondent" means a person who answers any memorandum of appeal;

(h)     "Section" means section of the Act;

(i)       Words and expressions used in the rules but not defined herein shall have the same meanings as assigned to them in the Act.

Rule - 3.The Constitution of the State Consumer protection Council

(1)     The Government may, by notification in the Government Gazette, establish the State Consumer Protection Council which in addition to the Chairman shall consist of the following members namely:-

Rule - 4.Procedure of the State Council

(1)     The State Council shall observe the following procedure in regard to the transaction of its business:-

(a)      The meeting of the State Council shall be presided over by the Chairman, in his absence by the Vice-Chairman, in the absence of the Chairman and the Vice-Chairman the Council shall elect a member to preside over the meeting. 

(b)      Each meeting of the State Council shall be called by giving not less than 10 days notice in writing to every member.

(c)      The notice shall specify the place, the day, hour and statement of business to be transacted thereat.

(d)      No proceedings of the State Council shall be held invalid merely by reasons of any vacancy or defect in the constitution of the Council.

(e)      For the purpose of performing its functions under the Act, the State Council may constitute from amongst its members such working groups as it may deem necessary and every working group so constituted shall perform such functions as are assigned to it by the State Council. The findings of such working groups shall be placed before the State Council for its consideration.

(f)       The non-official members shall be entitled to A Class to and fro bus fare and an allowance of one hundred rupees per day for attending the meetings of the State Council or any working group. Members of Legislature shall be entitled to travelling and daily allowances at such rates as are admissible to such members under the Salaries and Allownaces of Members of Jammu and Kashmir State Legislature Act, 1966.

The resolution passed by the State Council shall be recommend­atory in nature.

Rule - 5.Term of office of the State Council

(i)       The term of the office members shall be three years.

(ii)      Any member may, in writing under his hand addressed to the Chairman of the State Council, resign from the Council. The vacan­cies, so caused or otherwise, shall be filled up from the same category by the Government and such member shall hold office so long as the member in whose place he is appointed would have been entitled to hold office had the vacancy not occured.

Rule - 6.The salary or honorarium and other allowance payable to the members of the Divisional Form

(i)       Under sub-section (3) of section 8 where the President of the Divisional Forum is a sitting judge of the Sessions Court, he shall enjoy all the benefits which he should have enjoyed as sitting judge of the Sessions Court. Where the President is not a sitting judge of the Sessions Court, he shall receive an honorarium equivalent to the amount of salary as he was drawing at the time of his retirement minus the pension per month. Other members, if sitting on whole time basis, shall receive a consolidated honorarium of [2][Rs. 4000/-] per month or if sitting on part-time basis, a consolidated honorarium of Rs. 50/- per day sitting.

[3][(i-a) In case of such members as are retired Government ser­vants and sitting on whole-time basis, the pension plus honorarium shall not exceed last pay drawn at the time of retirement.]

(ii)      The President and the members shall be entitled to travelling and daily allowances on official tours at the same rates as are admissible to [4][Class-I] Officers of the Government.

Rule - 7.Terms and Conditions or Service of the President and members of the Divisional Forum

(i)       Prior to appointment, the president and the members of the Divisional Forum shall have to give an undertaking to the effect that he does not and will not have any such financial or other interest as is likely to affect prejudicially his functions as such.

(ii)      The President and the members shall hold office for a period not exceeding 5 years or up to the age of 62 years whichever is earlier, but shall not be eligible for re-appointment.

(iii)     Notwithstanding anything contained in sub-rule (ii) the president or a member may;

(a)      by writing under his hand addressed to the Government resign his office at any time;

(b)      be removed from his office in accordance with the provisions of rule 13.

(iv)    The terms and conditions of service of the President and the members shall not be varied to their disadvantage during their tenure of office.

(v)      A casual vacancy caused by resignation or removal of the President or any member of the Divisional Forum shall be filled by fresh appointment.

(vi)    Where any such casual vacancy occurs in the Office of the President of the Divisional Forum, the senior most member (in order of appointment) holding office for the time being shall discharge the functions of the President until a person appointed to fill such vacancy assumes the Office of the President of the Divisional Forum.

(vii)   When the President of the Divisional Forum is unable to discharge the functions owing to absence, illness or any other cause, the senior most member (in order of appointment) shall discharge the functions of the President until the day on which the president resumes the charge of his functions.

(viii)  No act or proceeding of the Divisional Forum shall be held invalid by reason of any vacancy of its President or Member or any defect in the constitution thereof.

(ix)    In case of a difference of opinion among the members of the Divisional Forum, the opinion of the majority shall prevail.

(x)      The President or any Member ceasing to hold office as such shall not hold any appointment in or be connected with the manage­ment or administration of an organisation which has been the subject of any proceedings under the Act during his tenure for a period of 5 years from the date on which he ceases to hold such office.

Rule - 8.Manner prescribed under clause (c) of Section 11(1)

(1)     Samples of goods for test or analysis shall be sent by the Divisional Forum by registered post in a sealed packet, enclosed, together with a memorandum in Form-1, in a outercover addressed to the ________________ .

(2)     The packet as well as the outer cover, shall be marked with a distinguishing number.

(3)     A copy of the memorandum in Form 1 and a specimen impression of the seal used to seal the packet shall be sent separately by registered post to the ________________ .

(4)     On receipt of the packet it shall be opened by an officer authorised in writing in that behalf by the ________________ who shall record the condition of the seal on the packet. 

(5)     After test or analysis, the result of the test or analysis, together with full protocols of the tests applied shall be supplied forthwith to the Divisional Forum, in Form 2.

Rule - 9.Procedure of the Divisional Forum

(i)       Under sub-section (3) of section (12) of the Act, the Office of the Divisional Forum shall be located in two divisions i.e. Jammu/Kashmir. working days and office hours of the Divisional Forum shall be the same as that of the State Government.

(ii)      The Divisional Forum shall observe the following procedure in regard to the transaction of its business.

(iii)     The meeting of the Divisional Forum shall be presided over by the President. In his absence the senior most member (in order of appointment) shall preside over the meeting.

(iv)    Each meeting of the Divisional Forum shall be called by giving not less than 10 days' notice in writing to every member.

(v)      The notice shall specify the place, the day, hour and statement of business to be transected thereat.

Rule - 10.Procedure for hearing the appeal

(i)       Under section 13 of the Act memorandum shall be presented by the appellant or his agent to the State Commission in person or be sent by registered post addressed to the commission.

(ii)      Every memorandum filed under sub-rule (1) shall be in legible handwriting preferably typed and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consequentively.

(iii)     Each memorandum shall be accompanied by a certified copy of the order of the Divisional Forum appealed against and such of the documents as may be required to support grounds of the memorandum.

(iv)    When the appeal is presented after the expiry of the period of limitation as specified in the Act, the memorandum of appeal shall be accompanied by an application supported by an affidavit setting forth the facts on which the appellant relies to satisfy the State Commission that he has sufficient cause for not preferring the appeal within the period of limitation. 

(v)      The appellant shall submit six copies of the memorandum of appeal to the Commission for official purpose.

(vi)    On the date of hearing or on any other day to which hearing may be adjourned, it shall be obligatory for the parties or their agents to appear before the state Commission. If appellant or his agent fails to appear on such date, the State Commission may, on its discretion, either dismiss the appeal or decide ex-parte on merits. If the respondent or his agent fails to appear on such date, the State Commission shall proceed ex-parte and shall decide the appeal on merits of the case.

(vii)   The appellant shall not, except by leave of the State Com­mission, argue or be heard in support of any objection not set forth in the memorandum. But the State Commission, while deciding an appeal, may not confine to the grounds of objection set forth in the memorandum:

Provided that the Commission shall not rest its decision on any other ground other than those specified in memorandum unless the party who may be affected thereby, has been given, an opportunity of being heard by the State Commission.

(viii)  The State Commission, on such terms as it may think fit and at any stage, adjourn the hearing of the appeal, but not more than one adjournment shall ordinarily be given and the appeal should be decided as far as possible, within 90 days from the first date of hearing.

(ix)    The order of the State Commission on appeal shall be signed and dated by the members of the State Commission and shall be communicated to the parties free of charge.

Rule - 11.Salaries honorarium and other allownaces of the President and Members of the State Commission

(i)       Where the President of the State Commission is an acting judge of the Hon'ble High Court, he shall enjoy all the benefits which he should have enjoyed as sitting judge of the Hon'ble High Court. He shall receive [5][a salary of twenty six thousand rupees per mensum provided that the amount of pension and commuted portion of pension shall be deducted from such salary.] Other members, if sitting on whole time basis, shall receive a consolidated honorarium of [6][Rs. 6,000/-] per month or if sitting on part time basis, a consoli­dated honorarium of Rs. 100/- per day per sitting.

[7][(i-a) In case of such members as are retired Govt. servants and sitting on whole-time basis, the pension plus honorarium shall not exceed last pay drawn at the time of retirement.]

(ii)      The President and the members shall be entitled to travelling and daily allowances on official tours at the same rates as one admissible to Class-I officer of the Government.

(iii)     The honorarium or the salary, as the case may be, and other allowances shall be defrayed out of the contingency fund of the Govt.

Rule - 12.Terms and conditions of service of the President and the members of the State Commission

(i)       Prior to their appointment, the president and the members of the State Commission shall have to give an undertaking to the effect that he does not and will not have any financial or other interests as is likely to affect prejudicially his function as such.

[8][(ii) The President and the members shall hold office for a term of five years from the date on which he enters upon his office, or such term as may be specified by the Government in the notification:

Provided that nothing hereinabove shall apply to members ap­pointed before the issue of this notification.]

(iii)   Notwithstanding anything contained in sub-rule (ii) the President or a member may:-

(a)      by writing under his hand addressed to the Government resign his office at any time;

(b)      be removed from his office in accordance with the provisions of rule 13.

(iv)   The terms and conditions of service of the President and the member shall not be varied to their disadvantage during their tenure of office.

(v)   Any casual vacancy caused by resignation or removal of the President or any other member of the State Commission under sub-rule (3) or otherwise shall be filled of by fresh appointment.

(vi)   Where any such casual vacancy occurs in the Office of the President of the State Commission, the senior-most member (in order of appointment) holding office for the time being, shall discharge the functions of the President until a person appointed to fill such vacancy assumes the Office of the President of the State Commission.

(vii) When the President of the State Commission is unable to discharge the functions owing to absence, illness or any other cause, the senior most member (in order of appointment) shall discharge the functions of the President until the day on which the President resumes the charge of his functions.

(vii) No act or proceedings of the State Commission shall be held invalid by reason of any vacancy of its President or members or any defect in the constitution thereof.

(ix)   In case of any difference of opinion among the member of the State Commission, the opinion of the majority shall prevail.

(x)   The President or any member ceasing to hold office as such shall not hold any appointment in or be connected with the manage­ment or administration of an organisation which has been the subject of any proceedings under the Act during his tenure for a period of 5 years from the date on which he ceases to hold such office.

Rule - 13.Removal of President or members from office in certain circumstances

(1)     The Government may remove from office, the President or any member who:-

(a)      has been adjudged an insolvent; or

(b)      has been convicted of an offence which in the opinion of the Government involves moral turpitude; or

(c)      has become physically or mentally incapable of acting as the President or the member; or

(d)      has acquired such financial or other interests as is likely to affect prejudicially his functions as the president or a member; or 

(e)      has so abused his position as to render his continuance in office prejudicial to the public interest.

[9][(f) has persistantly made default in the performance of functions imposed on him by or under the Act].

(2)     Notwithstanding anything contained in sub-rule (1) the President or any member shall not be removed from his office on the grounds specified in clauses (d) and (e) of sub-rule except on an inquiry held by the Government in accordance with such procedure as it may specify in this behalf.