CPA 102 — Power of State Government to make rules

Consumer Protection Act, 2019

Statutory 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.

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