CPA 101 — Power of Central Government to make rules

Consumer Protection Act, 2019

Statutory 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

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