Consumer Protection Act Section 103 — Power of National Commission to make regulations
CHAPTER VIII MISCELLANEOUS
Civil
Summary
Sub-section (1) gives the National Commission the power to create regulations, but only with the prior approval of the Central Government and through a formal notification. These regulations must not contradict the Consumer Protection Act, and they can cover any matter needed to make the Act work effectively.
Sub-section (2) lists specific topics that these regulations may address, without limiting the general power given in sub-section (1).
Under clause (a) of sub-section (2), regulations may set the costs for adjournment that the District Commission can impose, as referred to in the second proviso to sub-section (7) of section 38.
Under clause (b) of sub-section (2), regulations may set the costs for adjournment that the State Commission or the National Commission can impose, as referred to in the second proviso to section 52.
Under clause (c) of sub-section (2), regulations may cover the maintenance of any other information by the consumer mediation cell, as mentioned in sub-section (4) of section 74.
Under clause (d) of sub-section (2), regulations may specify how the consumer mediation cell submits its quarterly report to the District Commission, the State Commission, or the National Commission, as referred to in sub-section (5) of section 74.
Under clause (e) of sub-section (2), regulations may cover the qualifications and experience needed for someone to be empanelled as a mediator, the procedure for empanelment, how empanelled mediators are trained, the fee payable to them, the terms and conditions of empanelment, the code of conduct for them, the grounds and manner for removing mediators or cancelling their empanelment, and other related matters, as referred to in sub-section (2) of section 75.
Under clause (f) of sub-section (2), regulations may set the conditions for re-empanelling mediators for another term, as referred to in sub-section (3) of section 75.
Under clause (g) of sub-section (2), regulations may cover the other facts that mediators must disclose, as referred to in clause (c) of section 77.
Under clause (h) of sub-section (2), regulations may specify the time within which and the manner in which mediation is conducted, as referred to in sub-section (3) of section 79.
Under clause (i) of sub-section (2), regulations may cover any other matter for which provision is to be, or may be, made by regulation.
Official Text
(1) The National Commission may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may make provisions for—
(a) the costs for adjournment to be imposed by the District Commission under the second proviso to sub-section (7) of section 38;
(b) the costs for adjournment to be imposed by the State Commission or the National Commission, as the case may be, under the second proviso to section 52;
(c) the maintenance of any other information by the consumer mediation cell under sub-section (4) of section 74;
(d) the manner of submission of quarterly report by consumer mediation cell to the District Commission, the State Commission or the National Commission under sub-section (5) of section 74;
(e) the qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empanelled mediator, the terms and conditions for empanelment, the code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and the other matters relating thereto under sub-section (2) of section 75;
(f) the conditions for re-empanelment of mediators for another term under sub-section (3) of section 75;
(g) the other facts to be disclosed by mediators under clause (c) of section 77;
(h) the time within which, and the manner in which, mediation may be conducted under sub-section (3) of section 79; and
(i) such other matter for which provision is to be, or may be, made by regulation.