THE CONSUMER
PROTECTION RULES, 1987
|
|
1.
|
Short title,
extent and commencement
|
2.
|
Definitions
|
2A.
|
State Governments
to recognize a laboratory as an appropriate Laboratory
|
3.
|
The Constitution
of the Central Consumer Protection Council and the Working Groups
|
4.
|
Procedure of the
Central Council
|
5.
|
Place of the
National Commission
|
6.
|
Working days and
office hours of the National Commission
|
7.
|
Seal and emblem
|
8.
|
Sitting of the
National Commission
|
9.
|
Staff of the
National Commission
|
9A.
|
Fee for making
complaints before District Forum
|
10.
|
Additional powers
of the National Commission, State Commission and District Forum
|
10A.
|
Credit of the
fine into the Consumer Welfare Fund when consumers are not identified
conveniently
|
10B.
|
Number of Members
in the National Commission
|
11.
|
Salaries,
honorarium and other allowances of the President and Members of the National
Commission
|
12.
|
Terms and
conditions of service of the President and members of the National
Commission
|
12A.
|
Procedure for
selection of members
|
13.
|
Removal of
President or members from office in certain circumstances
|
14.
|
Procedure to be
followed by the National Commission
|
14A.
|
Appeals before
National Commission
|
15.
|
Procedure for
hearing the appeal
|
15A.
|
Sitting of the
National Commission and signing of orders
|
16.
|
Manner of deposit
of amount in appeals before Supreme Court
|
The
principal rules were published in the Gazette of India vide number GSR 398(E)
dated 15th April, 1987 and subsequently amended vide; 1.
GSR 533(E) dated 14.8.1991, 2. GSR 800(E) dated 30.12.1993, 3. GSR 522(E)
dated 22.6.1994, 4. GSR 605(E) dated 30.8.1995, 5.
GSR 759(E) dated 21.11.1995, 6. GSR 95(E) dated 27.2.1997, 7. GSR 88(E)
dated 24.2.1998, 8. GSR 175(E) dated 5.3.2004. 9. GSR 50(E) dated 1.2.2005,
10. GSR 64(E) dated 10.2.2005, 11. GSR 67(E) dated 11.2.2005, 12. GSR 273(E)
dated 5.5.2006, 13. GSR 462(E) dated 4.8.2006 and 14. GSR 637(E) dated
13.10.2006.
|
|
THE CONSUMER
PROTECTION RULES 1987
(Amended up to
13.10.2006)
|
In
exercise of the powers conferred by sub-section (1) of section 30 of the
Consumer Protection Act, 1986 (68 of l986), the Central Government hereby
makes the following rules, namely:
|
|||
1.
|
Short title,
extent and commencement:-
|
||
(1)
|
These rules may be
called the Consumer Protection (Second Amendment) Rules, 2006.
|
||
(2)
|
They shall come
into force on the date of their publication in the Official Gazette.
|
||
2.
|
Definitions:-
|
||
in these
rules, unless the context otherwise requires-
|
|||
(a)
|
"Act' means the Consumer Protection Act l986 (68 of
1986);
|
||
(b)
|
"agent”
means a person duly authorised by a party to present any
complaint, appeal or reply on its behalf before the National Commission;
|
||
(c)
|
"appellant” means a party which makes an
appeal against the order of the State Commission;
|
||
(d)
|
"chairman" means a chairman of the
Central Consumer Protection Council established under sub-section (1 ) of the
section 4 of the Act;
|
||
(e)
|
"memorandum" means any memorandum of
appeal filed by the appellant;
|
||
(f)
|
"opposite party" means a person who
answers complaint or claim;
|
||
(g)
|
"president” means the President of the
National Commission;
|
||
(h)
|
“respondent” means the person who answers any
memorandum of appeal;
|
||
(i)
|
“section" means section of the Act;
|
||
(j)
|
“state” includes Union territories also;
|
||
(k)
|
Words and expressions used in the rules
and not defined but defined in the Act shall have the meanings respectively
assigned to them in the Act.
|
||
2A
|
State Governments
to recognize a laboratory as an appropriate Laboratory:-
|
||
(1)
|
For the purpose
of obtaining recognition as an appropriate laboratory, the applicant shall
send application, in triplicate, in the proforma prescribed by the
Bureau of Indian Standards with the relevant details to the Department
concerned with the consumer protection work in the State Government.
|
||
(2)
|
The State
Government on receiving the application from the applicant, shall forward its
two copies to the Bureau of Indian Standards to assess the suitability of the
laboratory from the standards prescribed by them (Bureau of Indian
Standards). The fee charged by the Bureau of Indian Standards, for this
purpose, shall be paid by the applicant.
|
||
(3)
|
The State Government on receiving the recommendations and
approval of the Bureau of Indian Standards shall notify that
laboratory as an “appropriate laboratory" for the purpose of Consumer
Protection Act, 1986 for a period of three years.
|
||
3.
|
The Constitution of the Central
Consumer Protection Council and the Working Groups:-
|
||
(1)
|
The Central
Government shall, by notification in the Official Gazette constitute the
Central Consumer Protection Council (herein after referred to as the
Central Council) which shall consist of the following members, not
exceeding 35, namely:—
|
||
(a)
|
The Minister in-charge of Consumer Affairs
in the Central Government who shall be the Chairman of the Central Council;
|
||
(b)
|
the Minister of State (where he is not holding independent
charge) or Deputy Minister in charge of Consumer Affairs in the Central
Government who shall be the Vice-Chairman of the Central
Council;
|
||
(c)
|
the Minister in-charge of Consumer Affairs of two of the
States from each region as mentioned in Schedule I to be changed by rotation
on expiration of the term of the Council on each occasion;
|
||
(ca)
|
an administrator (whether
designated as administrator or Lieutenant Governor), of a Union Territory, to
represent a Union Territory, as mentioned in Schedule II, to be changed by
rotation on expiration of the term of the Council on each occasion;
|
||
(d)
|
Two Members of
Parliament one from the Lok Sabha and one from the Rajya Sabha;
|
||
(f)
|
representatives of the Central Government Departments and autonomous organizations concerned with consumer
interests—not exceeding five;
|
||
(fa)
|
The Registrar, National Consumer Disputes Redressal
Commission, New Delhi.
|
||
(g)
|
representatives
of the Consumer Organisations from amongst the Indian members of
the International Organisation, namely, Consumer International –
not exceeding six, to be nominated by the Central Government;
|
||
(ga)
|
representatives
with proven expertise and experience who are capable of representing consumer
interests, drawn from amongst consumer organizations, consumer activists,
women, farmers trade and industry – not exceeding five, one from each of the
regions specified in Schedule annexed to these rules;
|
||
(j)
|
the Secretary in-charge of Consumer Affairs in the State to be
nominated by the Central Government – not exceeding three;
|
||
(k)
|
the Secretary
in-charge of Consumer Affairs in the Central Government shall be the member –
secretary of the Central Council.
|
||
(2)
|
The term of the Council shall be three years.
|
||
(3)
|
Any member may, by writing under his hand to the Chairman of
the Central Council, resign from the Council. The vacancies so caused or otherwise, shall be
filled from the same category by the Central Government and such person shall
hold office so long as the member whose place he fills would have been
entitled to hold office, if the vacancy had not occurred.
|
||
4.
|
Procedure of the Central Council:-
|
||
Under sub-section
(2) of section 5, the Central Council shall observe the following procedure
in regard to the transaction of its business,—
|
|||
(1)
|
The meeting of
the Central Council shall be presided over by the Chairman. In the absence of
the Chairman, the Vice-Chairman shall preside over the meeting of the Central
Council. In the absence of the Chairman and the Vice-Chairman, the Central
Council shall elect a member to preside over that meeting of the Council.
|
||
(2)
|
Each meeting of
the Central Council shall be called by giving, not less than ten days from
the date of issue, notice in writing to every member.
|
||
(3)
|
Every notice of a
meeting of the Central Council shall specify the place and the day and hour
of the meeting and shall contain statement of business to be transacted
thereat.
|
||
(4)
|
No proceedings of
the Central Council shall be invalid merely by reasons of existence of any
vacancy in or any defect in the constitution of the Council.
|
||
(5)
|
For the purpose
of performing its functions under the Act, the Central Council may constitute
from amongst its members, such working groups as it may deem necessary and
every working group so constituted shall perform such functions as are
assigned to it by the Central Council. The findings of such working groups
shall be placed before the Central Council for its consideration.
|
||
(6)
|
In connection
with the journey undertaken to and fro by the non-official members for
attending the meeting of the Central Consumer Protection Council or its
working group, they shall be entitled to avail first class or two-tier air-
conditioned class of railway accommodation by all trains (including Rajdhani Express) and claim such fare or
cost of actual mode of travel, whichever is less. The non-official members
from Island territories shall be entitled to; to and fro air
journey (economy class) in domestic airlines from the Islands to the nearest main-land airport and thereafter rail
fare by entitled class. The non-official members who are senior citizens
shall be entitled to, to and fro air-journey (economy class) in domestic
airlines on availing senior citizen concessional air fare for their journeys provided the distance being travelled is 1000 kms or above. The non-official members
shall be entitled to a sum of Rs.1000 per day as incidental charges to cover
the expenditure towards their daily allowance, lodging, local conveyance from
residence to the station/airport and from station/airport to the venue of
meeting and vice-versa. Every claim made under this sub-rule shall be subject
to certifying that the member will not claim any benefit from any other
Central Government Ministry, Department or Organization during his visit for
attending the meeting of the Central Consumer Protection Councilor any of its
Working Group. Local non-official members residing at the place of the venue
of the meeting, shall be paid consolidated conveyance, hire charges and
incidental charges to cover the daily allowances, to the tune of Rs.200 per
diem irrespective of the classification of the city'. Members of Parliament
attending meetings of the Councilor its Working Group shall be entitled to travelling and daily allowances at such rates
as are admissible to such members".
|
||
(7)
|
The resolution
passed by the Central Council shall be recommendatory in nature.
|
||
5.
|
Place of the National Commission:-
|
||
The office of the National Commission
shall be located in the Union Territory of Delhi.
|
|||
6.
|
Working days and office hours of
the National Commission.—
|
||
The working days and office hours of
the National Commission shall be the same as that of the Central Government.
|
|||
7.
|
Seal and emblem:-
|
||
The official seal and emblem of the
National Commission shall be such as the Central Government may specify.
|
|||
8.
|
Sitting of the National Commission:-
|
||
The sitting of the National Commission
as and when necessary, shall be convened by the President.
|
|||
9.
|
Staff of the National Commission: -
|
||
The Central
Government shall appoint such staff as may be necessary to assist the
National Commission in its day to day work and to perform such other
functions as are provided under the Act and these rules or assigned to it by
the President. The salary payable to such staff shall be defrayed out of the
Consolidated Fund of India.
|
|||
9A
|
Fee for making
complaints before District Forum: -
|
||
(1)
|
Every complaint
filed under sub-section (1) of section 12, sub-section (1) of section 17 and
clause (a) in sub-clause (i) of section 21 of the Act shall be
accompanied by a fee as specified in the table given below in the form of crossed
Demand Draft drawn on a nationalized bank or through a crossed Indian
Postal Order drawn in favour of the Registrar of the State
Commission and payable at the respective place where the State Commission or
the National Commission is situated.
|
||
(2)
|
The concerned
authority referred to in sub-rule (1) shall credit the amount of fee received
by it into the Consumer Welfare Fund of the respective State and where such
fund is not established into the Receipt Account of the State Government and
in the case of the National Commission, to the Consumer Welfare Fund of the
Central Government.
|
||
(3)
|
The complainants who are under the
Below Poverty Line shall be entitled for the exemption of payment of fee only
on production of an attested copy of the Antyodaya Anna Yojana cards.
|
||
TABLE
Sr. No.
|
Total Value of goods or services and the compensation claimed
|
Amount of fee payable
|
(1)
|
(2)
|
(3)
|
District
Forum
|
||
(1)
|
Upto one lakh rupees – For
complainants who are under the Below Poverty Line holding Antyodaya Anna Yojana Cards
|
Nil
|
(2)
|
Upto one lakh rupees – For
complainants other than Antyodaya Anna Yojana card holders.
|
Rs.100
|
(3)
|
Above one lakh and upto five lakh rupees
|
Rs.200
|
(4)
|
Above five lakh and upto ten lakh rupees
|
Rs.400
|
(5)
|
Above ten lakh and upto twenty lakh rupees
|
Rs.500
|
State Commission
|
||
(6)
|
Above twenty lakh and upto fifty lakh rupees
|
Rs.2000
|
(7)
|
Above fifty lakh and upto one crore rupees
|
Rs.4000
|
National Commission
|
||
(8)
|
Above one crore rupees
|
Rs.5000
|
TABLE
Sr. No.
|
Value of goods or services and
the compensation claimed
|
Amount of fee payable
|
(1)
|
(2)
|
(3)
|
District
Forum
|
||
(1)
|
(1) Upto one lakh rupees
|
Rs.100
|
(2)
|
One lakh rupees and above but less than five lakh rupees
|
Rs.200
|
(3)
|
Five lakh rupees and above but less than Rs.10 lakh
|
Rs.400
|
(4)
|
Ten lakh rupees and above but not exceeding
twenty lakh rupees
|
Rs.500
|
10.
|
Additional powers
of the National Commission, State Commission and District Forum:-
|
|
(1)
|
The National
Commission, the State Commission and the District Forum shall have power to
require any person,—
|
|
(a)
|
to produce
before, and allow to be examined and kept by an officer of the National
Commission, the State Commission or the District Forum, as the case may be,
specified in this behalf, such books, accounts, documents or commodities in
the custody or under the control of the person so required as may be
specified or described in the requisition, if the examination of such books,
accounts, documents or commodities are required for the purpose of this Act;
|
|
(b)
|
to furnish to an
officer so specified, such information as may be required for the purpose of
this Act.
|
|
(2)(a)
|
Where during any
proceedings under this Act, the National Commission, the State Commission or
the District Forum, as the case may be, has any ground to believe that any
book, paper, commodity or document which may be required to be produced in
such proceedings, are being or may be, destroyed, mutilated, altered,
falsified or secreted, it may, by written order, authorise any officer to exercise the power
of entry and search of any premises. Such authorised officer may also seize such books, papers, documents or
commodities as are required for the purpose of this Act:
|
|
Provided that
such seizure shall be communicated to the National Commission, the State
Commission or the District Forum, as the case may be, as soon as it is made
or within a period not exceeding 72 hours of making such seizure after
specifying the reasons in writing for making such seizure.
|
||
(b)
|
The National
Commission, the State Commission or the District Forum, as the case may be,
on examination of such seized documents or commodities, as the case may be,
may order the retention thereof or may return it to the party concerned.
|
|
10A.
|
Credit of the fine into the
Consumer Welfare Fund when consumers are not identified conveniently:-
|
|
(1)
|
Where an order is passed by the National Commission in
exercise of the powers vested under clause (hb) of sub-section
(1) of section 14 directing the opposite party to pay such amount as determined
by it on account of loss or injury suffered due to defects in goods
complained ~gains~ or alleged deficiency of service to a large number of
consumers, who are not identifiable conveniently;
|
|
Such sum shall be
credited by the National Commission in the Consumer Welfare Fund established
by the Central Government under section 12 (C) of the Central Excise Act,
'1944 (1 of 1944).
|
||
(2)
|
Any amount
credited to the said Fund shall be utilized in accordance with the provisions
of the Consumer Welfare Fund Rules, 1992.
|
|
10B.
|
Number of Members in the National
Commission: -
|
|
The National
Commission shall consist of not less than four members and not more than nine
members and at least one of them shall be a woman.
|
||
11.
|
Salaries, honorarium and other allowances
of the President and Members of the National Commission:-
|
|
(1)
|
The President of
the National Commission shall be entitled to salary, allowances and other
perquisites as are available to a sitting Judge of the Supreme Court.
|
|
(1A)
|
The other members
of the National Commission appointed on whole time basis shall be entitled to
the following honorarium and other allowances with effect from the 1st day of April, 2006, namely :-
|
|
(a)
|
the members shall
be paid twenty-three thousand rupees per month by way of honorarium:
|
|
Provided that the
members, who are retired Judges of High Courts or retired Secretaries to the
Government of India shall have the option to either receive consolidated
honorarium of twenty-three thousand rupees per month or receive remuneration
of last pay drawn less pension;
|
||
(b)
|
a woman who has
not held an office of profit earlier, on appointment as a member shall be
entitled to a pay in the scale of Rs.24050-26000 per month along with other
benefits;
|
|
(c)
|
the members shall
be provided with Government accommodation or receive house rent allowance of
eight thousand rupees per month in lieu thereof;
|
|
(d)
|
the members shall
be paid conveyance allowance at the rate of ten thousand rupees per month, if
no chauffeur driven government vehicle is provided in which event one hundred
fifty liters of petrol shall be supplied or the price thereof shall be paid;
|
|
(e)
|
the members shall
be entitled to one thousand free calls for the telephone installed at their
residence, with STD and ISD facilities; and
|
|
(f)
|
the members shall be entitled to
fifteen days casual leave in a year.
|
|
(2)
|
The members shall
be entitled to traveling and daily allowances on official tours at the same
rates as are admissible to group 'A' Officers of the
Central Government.
|
|
(3)
|
The honorarium or
the salary, as the case may be, and other allowances shall be defrayed out of
the Consolidated Fund of India.
|
|
12.
|
Terms and conditions of service of
the President and members of the National Commission:-
|
|
(1)
|
Before appointment,
the President and a member of the National Commission shall have to take an
undertaking that he does not and will not have any such financial or other
interest as is likely to affect prejudicially his functions as such member
|
|
(2)
|
in sub-rule the
President or a member may.
|
|
(3)
|
Notwithstanding anything contained
|
|
(a)
|
by writing under his hand and
addressed to the Central Government resign his office at any time but his
office shall become vacant only when such resignation is accepted by the
Central Government,
|
|
(b)
|
be removed from his office in
accordance with the provisions of rule 13.
|
|
(4)
|
The terms and
conditions of service of the President and the members shall not be varied to
their disadvantage during their tenure of office.
|
|
(5)
|
A casual vacancy
caused by resignation or removal of the President or any other member of the
National Commission under sub-rule (3) or otherwise shall be filled by fresh
appointment.
|
|
(6)
|
when the office of the President of the
National Commission is vacant or a person occupying such office is by reason
of absence or otherwise, unable to perform the duties of his office, the same
shall, save as otherwise provided in the proviso to section 22 D be performed
by the senior most member of the National Commission.
|
|
(7)
|
The President or
any member ceasing to hold office as such shall not hold any appointment in
or be connected with the management or administrations of an organisation which have been the subject of any
proceeding under the Act during his tenure for a period of 5 years from the
date on which he ceases to hold such office.
|
|
12A.
|
Procedure for selection of
members: -
|
|
(1)
|
Save as otherwise
provided in sub-rule (2), the process of appointment of a member shall be
initiated at least three months before the vacancy arises.
|
|
(2)
|
If a post falls
vacant due to resignation or death of a member or creation of a new post, the
process for filling the post shall be initiated immediately after the post
has fallen vacant or it’s created, as the case may be.
|
|
(3)
|
An advertisement
of a vacancy inviting applications from eligible candidates may be published
in leading newspapers in India or by vacancy
circulars or both, as may be decided by the Central Government.
|
|
(4)
|
After scrutiny of
the applications received till the last date specified for receipt of
applications, a list of eligible candidates along with their applications shall be placed before the Selection
Committee constituted under the third proviso to sub-section (1) of section
20.
|
|
(5)
|
The Selection
Committee shall consider all the applications of eligible applicants referred
to it.
|
|
(6)
|
The Selection
Committee shall, subject to the provisions of sub-rule (6A), assess the
suitability of the candidates for the post of Member.
|
|
Provided that the
Selection Committee may, if it considers necessary, depending on the number
of candidates, short list them on the basis of comparative merit and
experience of such candidates for selection.
|
||
(6A)
|
The Selection
Committee shall assess the suitability of the candidates and where short
listing is done, from among the short-listed candidates, for the post of
Member in the Following manner, namely:-
|
|
(a)
|
in the case of
candidates having judicial background, by assessing them on the basis of the
judgments and other judicial orders passed by such candidates;
|
|
(b)
|
in the case of
candidates having experience of working under the Central Government or any
State Government or an undertaking under the Central Government or a State
Government, by assessing such candidates on the basis of their Annual
Confidential Reports and their experience relevant to the post applied for;
|
|
(c)
|
In other cases,
the suitability of the short listed candidates shall be assessed by the
Selection Committee on the basis of personal interview conducted by it:
|
|
Provided that
notwithstanding anything contained in this sub-rule, the Selection Committee
may, for assessing the suitability of a class or category of candidates, if
it considers necessary, call such class or category of candidates for
interview for assessing their suitability for the post of Member.
|
||
(7)
|
The Selection
Committee may, on the basis of its assessment made by it, recommend a panel
of names of candidates for appointment as members from amongst the applicants
referred to in sub-rule (5) in order of merit for the consideration of the
Central Government.
|
|
(8)
|
The Central
Government shall, before seeking approval of the Appointments Committee of
the Cabinet, verify or cause to be verified the credentials and antecedents
of the candidates selected by the Central Government from the panel
recommended by the Selection Committee and satisfy the suitability of such
candidates for appointment as members.
|
|
(9)
|
Every appointment
of a member shall be subject to his medical fitness.
|
|
13.
|
Removal of President or members
from office in certain circumstances:-
|
|
(1)
|
The Central
Government may remove from office, the President or any member, who,—
|
|
(a)
|
has been adjudged as an insolvent; or
|
|
(b)
|
has been convicted of an offence which,
in the opinion of the Central Government, involves moral turpitude; or
|
|
(c)
|
has become physically or mentally
incapable of acting as the President or the member; or
|
|
(d)
|
has acquired such financial or other
interest as is likely to affect prejudicially his functions as the President
or a member; or
|
|
(e)
|
has so abused his position as to render
his continuance in office prejudicial to the public interest ;or
|
|
(f)
|
remain absent in three consecutive
sittings except for reasons beyond his control.
|
|
(2)
|
Notwithstanding
anything contained in sub rule (1), the President or any member of the
National Commission shall not be removed from his office except by an
order made by the Central Government on the grounds specified in clauses (d),
(e) and (f) of that sub-rule and after an inquiry held by a sitting Judge of
the Supreme Court nominated by the Chief Justice of India in which the
President or member of the National Commission, as the case may be, has been
informed of the charges against him and given a reasonable opportunity of
being heard in respect of those charges and found guilty.
|
|
14.
|
Procedure to be followed by the
National Commission:-
|
|
(1)
|
A complaint
containing the following particulars shall be presented by the complainant in
person or by his agent to the National Commission or be sent by registered post, addressed
to the National Commission:
|
|
(a)
|
the name, description and the address
of the complainant;
|
|
(b)
|
the name, description and address of
the opposite party or parties, as the case may be, so far as they can be
ascertained;
|
|
(c)
|
the facts relating to the complaint and
when and where it arose;
|
|
(d)
|
documents in support of the allegations
contained in the complaint;
|
|
(e)
|
the relief which the complainant
claims.
|
|
(1A)
|
Every complaint
under sub-rule (1) shall be accompanied by the relevant fee as is specified in rule 9A.
|
|
(1B)
|
Every complaint under sub-rule (1) shall
be filed in quadruplicate or with such number of copies as may be required by
the National Commission.
|
|
(2)
|
The National
Commission shall, in disposal of any complaint before it, as far as possible,
follow the procedure and conditions including the provisions governing
adjournments as laid down in sections 12 and 13 in relation to the complaints
received by the District Forum, with such modification as may be considered
necessary by the Commission.
|
|
(3)
|
On the date of
hearing or any other date to which hearing could be adjourned, it shall be
obligatory on the parties or their agents to appear before the National
Commission. Where the complainant or his agent fails to appear before the
National Commission on such days, the National Commission may in its
discretion either dismiss the complaint for default or decide it on merits. Where the opposite party or its
agent fails to appear on the date of hearing the National Commission may
decide the complaint ex-parte.
|
|
(4)
|
The National
Commission may, on such terms as it deems fit and at any stage of the
proceedings, adjourn the hearing of the complaint but the complaint shall be
decided as far as possible within a period of three months from the date of
notice received by opposite party where complaint does not require analysis
or testing of commodities and within five months if it requires analysis or testing
of commodities.
|
|
(4A)
|
In the event of a
complaint being disposed of after the period specified in sub-rule (4), the
National Commission shall record in writing, the reasons for the delay in
such disposal.
|
|
(5)
|
If after the
proceedings conducted under sub-rule (3), the National Commission is
satisfied with the allegations contained in the complaint, it shall issue
orders to the opposite party or parties, as the case may be, directing him or
them to take one or more of the things as mentioned in sub-section (1) of
section 14. The National Commission shall also have the power to direct that
any order passed by it, where no appeal has been preferred under section 23
or where the order of the National Commission has been affirmed by the
Supreme Court under that section, be published in the Official Gazette or
through any other media and no legal proceedings shall lie against the
National Commission or any media for such publication.
|
|
14A.
|
Appeals before National Commission:-
|
|
Every appeal
filed in terms of section 19 shall be accompanied by such amount as
specified in the second proviso to the said section and such amount may be
remitted in the form of a crossed Demand Draft drawn on a nationalized
bank in favour of the Registrar, National
Commission, payable at Delhi. The National Commission
dealing with the appeals filed before them shall follow the provisions of
section 19 and 19A as may be required to hear the appeals filed
before the Commission.
|
||
Explanation.- In this rule, "nationalized
bank" means a corresponding new bank specified in the First Schedule to
the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5
of 1970) or a corresponding new bank specified in the First Schedule to the
Banking Companies (Acquisition and Transfer of Undertakings) Act,
1980 (40 of 1980).
|
||
15.
|
Procedure for hearing the appeal:-
|
|
(1)
|
Memorandum shall
be presented by the appellant or his agent to the National Commission in
person or be sent by registered post addressed to the Commission.
|
|
(2)
|
Every memorandum
filed under sub-rule (I) shall be in legible handwriting preferably typed and
shall set forth concisely under distinct heads, the grounds of appeal without
any argument or narrative and such grounds shall be numbered consecutively.
|
|
(3)
|
Each memorandum
shall be accompanied by a crossed demand draft as referred to in rule 14A and by a certified copy of the order of
the State Commission appealed against and such of the documents as may be
required to support grounds of objection mentioned in the memorandum.
|
|
(4)
|
When the appeal
is presented after the expiry of the period of limitation as specified in the
Act, the memorandum shall be accompanied by an application supported by an
affidavit setting forth the facts on which the appellant relies to satisfy
the National Commission that he has sufficient cause for not preferring the
appeal within the period of limitation.
|
|
(5)
|
The appellant
shall submit four copies or such number of copies of the memorandum to the Commission for official purpose.
|
|
(6)
|
On the date of
hearing or on any other day to which hearing may be adjourned, it shall be
obligatory for the parties or their agents to appear before the National Commission. If appellant or his agent fails to
appear on such date, the National Commission may in its discretion either
dismiss the appeal or decide ex-parte on merits. If the respondent or his
agent fails to appear on such date, the National Commission shall proceed ex-parte and shall decide the appeal on
merits of the case.
|
|
(7)
|
The appellant
shall not, except by leave of the National Commission, urge or be heard in
support of any ground of objection not set forth in the memorandum but the
National Commission, in deciding the appeal, may not confine to the grounds
of objection set forth in the memorandum:
|
|
Provided that the
Commission shall not rest its decision on any other ground other than those
specified in the memorandum unless the party who may be affected thereby, has
been given, an opportunity of being heard by the National Commission.
|
||
(8)
|
No adjournment
shall ordinarily be granted by the National Commission, unless sufficient
cause is shown and the reasons for grant of adjournment have been recorded in
writing by the Commission. The National Commission may also adjourn the
hearing of the appeal suo motu, on such terms as it may think fit
and at any stage of the proceedings for reasons to be recorded in writing.
The appeal shall be decided, as far as possible, within ninety days from the
date of its admission. In the event of an appeal being disposed of after the
period so specified, the National Commission shall record in writing the
reasons of the same at the time of disposal of the said appeal.
|
|
(9)
|
The order of the
National Commission shall be communicated to the parties concerned free of
cost.
|
|
15A.
|
Sitting of the National Commission
and signing of orders:-
|
|
(1)
|
Every proceeding of the National Commission shall be conducted by
the President or the senior most member authorised and at least two members thereof
sitting together except when a bench is constituted by the President of the
National Commission with one or more members as he may deem fit.
|
|
Provided that where the member or members for any reason are
unable to conduct the proceeding till it is completed, the President or the
senior most members, as provided in section 22D of the
Act, shall conduct such proceedings from the state at which it was last heard
by the previous member.
|
||
(2)
|
Every order made
by the National Commission shall be signed by the President or the senior most member as provided in section 22D
and at least two members who conducted the proceeding and if there is any
difference of opinion among themselves, the opinion of majority shall be
the order of the National Commission:
|
|
Provided that
where the proceeding is conducted by the President or the senior most member as provided in section 22D
and three members thereof and they differ on any point or points, they shall
state the point or points on which they differ and refer the same to the
other member for hearing on such point or points and such point or points
shall be decided accordingly to the opinion of the majority of the National
Commission.
|
||
16.
|
Manner of deposit
of amount in appeals before Supreme Court -
|
|
Every appeal filed before the Supreme Court in terms of
section 23 shall be accompanied by an amount as provided in the second
proviso to that section and such amount may be remitted in the form
of a crossed Demand Draft drawn on a nationalized bank in favour of Registrar, Supreme Court,
payable at Delhi.
|
||
Explanation.- In this rule,
"nationalized bank" means a corresponding new bank specified in the
First Schedule to the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 (5 of 1970) or a corresponding new bank specified in
the First Schedule to the Banking Companies (Acquisition and Transfer
of Undertakings) Act, 1980 (40 of 1980)
|
.jpg)
.jpg)
.png)
.png)