Consumer Protection Act Section 101 — Power of Central Government to make rules

CHAPTER VIII MISCELLANEOUS

Civil

Summary

Sub-section (1) gives the Central Government the power to create rules, through an official notification, for the purpose of implementing any of the provisions of this Act.

Sub-section (2) clarifies that this general power is broad, and lists specific matters for which rules may be made. Under clause (a), rules may identify additional classes of persons, including public utility entities, as defined in section 2, clause (19). Under clause (b), rules may specify which contests, lotteries, games of chance, or games of skill are exempted under the relevant part of section 2, clause (47). Under clause (c), rules may set the manner for issuing bills, cash memos, or receipts for goods sold or services provided, as referenced in section 2, clause (47), sub-clause (vii).

Under clause (d), rules may determine the number of other official or non-official members of the Central Council, as per section 3, sub-section (2), clause (b). Under clause (e), rules may set the time and place of Central Council meetings and the procedure for conducting its business, as per section 4, sub-section (2). Under clause (f), rules may fix the number of Commissioners in the Central Authority, as per section 10, sub-section (2). Under clause (g), rules may cover qualifications, recruitment method, appointment procedure, term of office, salaries, allowances, resignation, removal, and other service conditions for the Chief Commissioner and other Commissioners of the Central Authority, as per section 11.

Under clause (h), rules may set the salaries, allowances, and other service conditions for officers and employees of the Central Authority, as per section 13, sub-section (2). Under clause (i), rules may specify qualifications and appointment procedures for the Director General, Additional Director General, Director, Joint Director, Deputy Director, and Assistant Director, as per section 15, sub-section (2). Under clause (j), rules may set the manner for taking copies or extracts of documents, records, or articles that were seized or produced, before they are returned to the person, as per section 22, sub-section (3). Under clause (k), rules may designate the officer and the manner for disposing of articles that are subject to speedy or natural decay, as per section 22, sub-section (4).

Under clause (l), rules may set the form and manner for preparing the annual statement of accounts by the Central Authority, in consultation with the Comptroller and Auditor-General of India, as per section 26, sub-section (1). Under clause (m), rules may set the form and time for preparing an annual report, other reports, and returns by the Central Authority, as per section 27, sub-section (1). Under clause (n), rules may cover qualifications, recruitment method, appointment procedure, term of office, resignation, and removal of the President and members of the District Commission, as per section 29. Under clause (o), rules may specify other values of goods and services for which the District Commission has jurisdiction to hear complaints, as per the proviso to section 34, sub-section (1).

Under clause (p), rules may set the manner for electronically filing a complaint, as per the proviso to section 35, sub-section (1). Under clause (q), rules may set the fee, electronic form, and manner of paying the fee for filing a complaint, as per section 35, sub-section (2). Under clause (r), rules may identify cases that may not be referred for settlement by mediation, as per section 37, sub-section (1). Under clause (s), rules may set the manner of authenticating goods sampled in cases before the National Commission, as per section 38, sub-section (2), clause (c). Under clause (t), rules may cover any other matter that is to be prescribed under section 38, sub-section (9), clause (f).

Under clause (u), rules may specify the fund where amounts obtained are to be credited and the manner of utilising such amounts, as per section 39, sub-section (2). Under clause (v), rules may set the form and manner for preferring an appeal to the State Commission, as per section 41. Under clause (w), rules may cover qualifications, recruitment method, appointment procedure, term of office, resignation, and removal of the President and members of the State Commission, as per section 43. Under clause (x), rules may specify other values of goods and services for which the State Commission has jurisdiction, as per the proviso to section 47, sub-section (1), clause (a), sub-clause (i).

Under clause (y), rules may set the form and manner of filing an appeal to the National Commission, and the manner of depositing fifty per cent of the amount before filing the appeal, as per section 51, sub-section (1). Under clause (z), rules may set the number of members of the National Commission, as per section 54, clause (b). Under clause (za), rules may cover qualifications, appointment, term of office, salaries, allowances, resignation, removal, and other service conditions of the President and members of the National Commission, as per section 55, sub-section (1). Under clause (zb), rules may set the salaries, allowances, and other service conditions for officers and employees of the National Commission, as per section 57, sub-section (3).

Under clause (zc), rules may specify other values of goods and services for which the National Commission has jurisdiction, as per the proviso to section 58, sub-section (1), clause (a), sub-clause (i). Under clause (zd), rules may set the manner of depositing fifty per cent of the amount, as per the second

Official Text

(1) The Central Government may, by notification, make rules for carrying out any of the provisions contained in this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for, —

(a) the other class or classes of persons including public utility entities under clause (19) of section 2;

(b) the contest, lottery, game of chance or skill which are to be exempted under item (b) of sub-clause (iii) of clause (47) of section 2;

(c) the manner of issuing bill or cash memo or receipt for goods sold or services rendered under sub-clause (vii) of clause (47) of section 2;

(d) the number of other official or non-official members of the Central Council under clause (b) of sub-section (2) of section 3;

(e) the time and place of meeting of Central Council and the procedure for the transaction of its business under sub-section (2) of section 4;

(f) the number of Commissioners in the Central Authority under sub-section (2) of section 10;

(g) the qualifications for appointment, method of recruitment, procedure of appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chief Commissioner and other Commissioners of the Central Authority under section 11;

(h) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Central Authority under sub-section (2) of section 13;

(i) the qualifications for appointment of Director General, Additional Director General, Director, Joint Director, Deputy Director and Assistant Director and the manner of appointment under sub-section (2) of section 15;

(j) the manner of taking copies or extracts of document, record or article seized or produced before returning to the person under sub-section (3) of section 22;

(k) the officer and the manner of disposing of articles which are subject to speedy or natural decay under sub-section (4) of section 22;

(l) the form and manner for preparing annual statement of accounts by the Central Authority in consultation with the Comptroller and Auditor-General of India under sub-section (1) of section 26;

(m) the form in which, and the time within which, an annual report, other reports and returns may be prepared by the Central Authority under sub-section (1) of section 27;

(n) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of President and members of the District Commission under section 29;

(o) the other value of goods and services in respect of which the District Commission shall have jurisdiction to entertain complaints under proviso to sub-section (1) of section 34;

(p) the manner of electronically filing complaint under the proviso to sub-section (1) of section 35;

(q) the fee, electronic form and the manner of payment of fee for filing complaint under sub-section (2) of section 35;

(r) the cases which may not be referred for settlement by mediation under sub-section (1) of section 37;

(s) the manner of authentication of goods sampled in case of the National Commission under clause (c) of sub-section (2) of section 38;

(t) any other matter which may be prescribed under clause (f) of sub-section (9) of section 38;

(u) the fund where the amount obtained may be credited and the manner of utilisation of such amount under sub-section (2) of section 39;

(v) the form and the manner in which appeal may be preferred to the State Commission under section 41;

(w) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of the President and members of the State Commission under section 43;

(x) the other value of goods and services in respect of which the State Commission shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of sub-section (1) of section 47;

(y) the form and manner of filing appeal to the National Commission, and the manner of depositing fifty per cent. of the amount before filing appeal, under sub-section (1) of section 51;

(z) the number of members of the National Commission under clause (b) of section 54;

(za) the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the President and members of the National Commission under sub-section (1) of section 55;

(zb) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the National Commission under sub-section (3) of section 57;

(zc) the other value of goods and services in respect of which the National Commission shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of sub-section (1) of section 58;

(zd) the manner of depositing fifty per cent. of the amount under the second proviso to section 67;

(ze) the form in which the National Commission and the State Commission shall furnish information to the Central Government under sub-section (4) of section 70;

(zf) the persons in the consumer mediation cell under sub-section (3) of section 74;

(zg) the measures to be taken by the Central Government to prevent unfair trade practices in e-commerce, direct selling under section 94;

(zh) the amount for compounding offences under sub-section (1) of section 96;

(zi) the fund to which the penalty and amount collected shall be credited under section 97; and

(zj) any other matter which is to be, or may be, prescribed, or in respect of which provisions are to be, or may be, made by rules