Consumer Protection Act Section 104 — Power of Central Authority to make regulations
CHAPTER VIII MISCELLANEOUS
Civil
Summary
Sub-section (1) allows the Central Authority to create regulations, but only with the prior approval of the Central Government. These regulations must be issued through a formal notification and cannot contradict the main Act. Their purpose is to help put the provisions of the Act into practice.
Sub-section (2) clarifies that, without limiting the general power in sub-section (1), these regulations can specifically cover certain listed matters.
Under clause (a) of sub-section (2), regulations may set the procedure for engaging experts and professionals, as well as decide how many such experts and professionals are needed, as referred to in sub-section (3) of section 13.
Under clause (b) of sub-section (2), regulations may set the procedure for how the Chief Commissioner and Commissioner conduct their business and how that business is allocated among them, as referred to in sub-section (1) of section 14.
Under clause (c) of sub-section (2), regulations may specify the form, manner, and time within which the Director-General must submit inquiries or investigations to the Central Authority, as referred to in sub-section (5) of section 15.
Under clause (d) of sub-section (2), regulations may cover any other matter for which provision is required or allowed to be made by regulation under the Act.
Official Text
(1) The Central Authority may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act, 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 provide for all or any of the following matters, namely:—
(a) the procedure for engaging experts and professionals and the number of such experts and professionals under sub-section (3) of section 13;
(b) the procedure for transaction of business and the allocation of business of the Chief Commissioner and Commissioner under sub-section (1) of section 14;
(c) the form, manner and time within which, inquiries or investigation made by the Director-General shall be submitted to the Central Authority under sub-section (5) of section 15; and
(d) such other matter for which provision is to be, or may be, made by regulation.