In exercise of the powers conferred by sections 30, 44
and sub-section (1) of section 102 of the Consumer Protection Act, 2019 (35 of
2019), read with Government of India's Notifications issued in S.O. 2351(E),
dated 15th July, 2020 and S.O. 3997(E), dated 3rd November, 2020 of the
Ministry of Consumer Affairs, Food and Public Distribution (Department of
Consumer Affairs), Government of India, New Delhi; and in supersession of the
Puducherry Consumer Protection (Appointment, Salary, Allowances and Conditions
of Service of President and Members of the State Commission and District Forum)
Rules, 2018 notified vide G.O. Ms. No. 3, dated 24-10-2018 of the Department of
Civil Supplies and Consumer Affairs, Puducherry, save as respects things done
or omitted to be done before such supersession, the Lieutenant-Governor,
Puducherry, is hereby pleased to make the following rules, namely:- (1) These
rules may be called "the Puducherry Consumer Protection (Salary,
Allowances and Conditions of Service of President and Members of the State
Commission and District Commission) Rules, 2021" . (2) They shall
come into force on the date of their publication in the Official Gazette. (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; (d) 'State
Government' means, the Lieutenant-Governor of the Union territory of
Puducherry, appointed under Article 239 of the Constitution except in rule 11. (2) The words
and expressions used herein and not defined herein and defined in the Act shall
have the same meaning respectively assigned to them in the Act. (1) The
President shall be entitled to the salary and allowances as are admissible to a
District Judge in the Super Time Scale of Pay. (2) A Member
shall receive a pay equal to the pay at the minimum of the Scale of Pay of a
Deputy Secretary of the Union territory of Puducherry and other allowances as
admissible to such officer. (3) The pay of
a person appointed as President or Member, who is in receipt of any pension,
shall be reduced by the gross amount of pension drawn by him. (4) There
shall be an annual upward revision of the pay of the President and Member at
the rate of 3%. (1) The President
of the State Commission shall receive the salary and other allowances as are
admissible to a sitting Judge of the High Court of Judicature at Madras. (2) A Member
of the State Commission shall receive a pay equivalent to the pay at the
minimum of the Scale of Pay of an Additional Secretary of the Union territory
of Puducherry and other allowances as are admissible to such officer. (3) The pay of
a person appointed as President or Member, who is in receipt of any pension,
shall be reduced by the gross amount of pension drawn by him. (4) There
shall be annual upward revision of the pay of the President and Member at the
rate 3%. No Person shall be appointed as President or Member
unless he is declared medically fit by an authority specified by the State
Government in this behalf. In case of a casual vacancy in the office of President in
the State Commission or District Commission, as the case may be, the State
Government shall have the power to appoint the senior most Member to officiate
as President. The President or Member shall be entitled to house rent
allowance at the same rate as are admissible to Group 'A' Officer of the Union
territory of Puducherry of a corresponding status. The President or Member shall be entitled to transport
allowance at the same rate as are admissible to Group 'A' Officer of the Union
territory of Puducherry of a corresponding status. The President and Members of the State Commission and the
District Commission shall be entitled to leave, leave travel concession,
medical treatment and hospital facilities as per the provisions applicable to
the Group 'A' Officers in the Union territory of Puducherry. The President or Member shall, before entering upon his
office, declare his assets and his liabilities and financial and other
interests. (1) The terms
and conditions of service of the President or Member with respect to which no
express provision has been made in these rules, shall be, such as admissible to
a Group 'A' Officer of the Union territory of Puducherry of a corresponding
status. (2) The
President or Member shall not practice before the National Commission, the
State Commission or the District Commission after retirement from the service
of the State Commission or the District Commission, as the case may be. (3) The President
or Member shall not undertake any arbitration work while functioning in these
capacities in the State Commission or the District Commission, as the case may
be. (4) The
President or Member of the State Commission or the District 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 State Commission or the District Commission: Provided that nothing contained in this rule 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 or Member
shall, before entering upon his office, make and subscribe an oath of office in
Form-I and oath of secrecy in Form-II annexed to these rules. The salary, remuneration and other allowances shall be
defrayed out of the Consolidated Fund of the Union territory of Puducherry. 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. ANNEXURE (See Rule 12) FORM-I FORM OF OATH OF
OFFICE For the President/Member of the State Commission and
District Commission I, ........................... having been appointed as
the President/Member in the State Consumer Disputes Redressal Commission
................... /District Consumer Disputes Redressal Commission,
..............................do solemnly affirm/do swear in the name of God
that I will faithfully and conscientiously discharge my duties as the
President/Member of the State Commission/District Commission to the best of my
ability, knowledge and judgment, without fear or favour, affection or ill-will
and that I will uphold the Constitution and the laws of land. FORM II FORM OF OATH OF
SECRECY For the
President/Member of the State Commission and District Commission I, ........................................ having been
appointed as the President/Member of the State Consumer Disputes Redressal
Commission, ....................... /District Consumer Disputes Redressal
Commission, .............................. do solemnly affirm/do swear in the
name of God that I will not directly or indirectly communicate or reveal to any
person or persons any matter which shall be brought under my consideration or
shall become known to me as President/Member of the State Commission/District Commission
except as may be required for the due discharge of my duties as the
President/Member. (......................)PUDUCHERRY
CONSUMER PROTECTION (SALARY, ALLOWANCES AND CONDITIONS OF SERVICE OF PRESIDENT
AND MEMBERS OF THE STATE COMMISSION AND DISTRICT COMMISSION) RULES, 2021
PREAMBLE