Consumer Protection Act Section 102 — Power of State Government to make rules
CHAPTER VIII MISCELLANEOUS
Civil
Summary
Sub-section (1) allows State Governments to create rules, through an official notification, to carry out the purposes of this Act. However, the Central Government may first frame model rules on any matter that a State Government could make rules on. If such model rules exist, they apply to the State until the State Government makes its own rules on that matter, and when the State does make its own rules, it must, as far as possible, follow the model rules.
Sub-section (2) lists the specific matters for which the State Government's rules may provide, without limiting the general power given in sub-section (1).
Under clause (a) of sub-section (2), the rules may specify additional classes of persons, including public utility entities, as referred to in clause (19) of section 2.
Under clause (b) of sub-section (2), the rules may specify which contests, lotteries, games of chance, or games of skill are exempted, as referred to in item (b) of sub-clause (iii) of clause (47) of section 2.
Under clause (c) of sub-section (2), the rules may specify the number of other official or non-official members of the State Council, as referred to in clause (b) of sub-section (2) of section 6.
Under clause (d) of sub-section (2), the rules may specify the time and place of State Council meetings and the procedure for conducting its business, as referred to in sub-section (4) of section 6.
Under clause (e) of sub-section (2), the rules may specify the number of other official and non-official members of the District Council, as referred to in clause (b) of sub-section (2) of section 8.
Under clause (f) of sub-section (2), the rules may specify the time and place of District Council meetings and the procedure for conducting its business, as referred to in sub-section (4) of section 8.
Under clause (g) of sub-section (2), the rules may specify the number of members of the District Commission, as referred to in clause (b) of sub-section (2) of section 28.
Under clause (h) of sub-section (2), the rules may specify the salaries, allowances, and other terms and conditions of service for the President and members of the District Commission, as referred to in section 30.
Under clause (i) of sub-section (2), the rules may specify the salaries, allowances, and other terms and conditions of service for the officers and other employees of the District Commission, as referred to in sub-section (3) of section 33.
Under clause (j) of sub-section (2), the rules may specify the manner of authenticating goods sampled by the State Commission and the District Commission, as referred to in clause (c) of sub-section (2) of section 38.
Under clause (k) of sub-section (2), the rules may specify the manner of depositing fifty percent of the amount before filing an appeal, as referred to in the second proviso to section 41.
Under clause (l) of sub-section (2), the rules may specify the number of members of the State Commission, as referred to in sub-section (3) of section 42.
Under clause (m) of sub-section (2), the rules may specify the salaries, allowances, and other terms and conditions of service for the President and members of the State Commission, as referred to in section 44.
Under clause (n) of sub-section (2), the rules may specify the salaries, allowances, and other terms and conditions of service for the officers and other employees of the State Commission, as referred to in sub-section (3) of section 46.
Under clause (o) of sub-section (2), the rules may specify the form in which the State Commission must furnish information to the State Government, as referred to in sub-section (5) of section 70.
Under clause (p) of sub-section (2), the rules may specify the persons in the consumer mediation cell, as referred to in sub-section (3) of section 74.
Under clause (q) of sub-section (2), the rules may cover any other matter that is to be or may be prescribed, or for which provisions are to be or may be made by rules.
Official Text
(1) The State Governments may, by notification, make rules for carrying out the provisions of this Act:
Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the State until the rules in respect of that matter is made by the State Government and while making any such rules, so far as is practicable, they shall conform to such model rules.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(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 number of other official or non-official members of the State Council under clause (b) of sub-section (2) of section 6;
(d) the time and place of meeting of the State Council and the procedure for the transaction of its business under sub-section (4) of section 6;
(e) the number of other official and non-official members of District Council under clause (b) of sub-section (2) of section 8;
(f) the time and place of meeting of the District Council and procedure for the transaction of its business under sub-section (4) of section 8;
(g) the number of members of the District Commission under clause (b) of sub-section (2) of section 28;
(h) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the District Commission under section 30;
(i) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the District Commission under sub-section (3) of section 33;
(j) the manner of authentication of goods sampled by the State Commission and the District Commission under clause (c) of sub-section (2) of section 38;
(k) the manner of depositing fifty per cent. of the amount before filing appeal under second proviso to section 41;
(l) the number of members of the State Commission under sub-section (3) of section 42;
(m) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the State Commission under section 44;
(n) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the State Commission under sub-section (3) of section 46;
(o) the form in which the State Commission shall furnish information to the State Government under sub-section (5) of section 70;
(p) the persons in the consumer mediation cell under sub-section (3) of section 74;
(q) 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.