[ 851 ]

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF CIVIL SUPPLIES AND

CONSUMER AFFAIRS

(G.O. Ms. No. 3/8090, Puducherry, dated 24th October 2018)

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of section 30

of the Consumer Protection Act, 1986 (68 of 1986), read with

Government of India's Notification issued in S.O. No. 469(E), dated the

15th May,1987 of the Ministry of Food and Civil Supplies (Department

of Civil Supplies), Government of India, New Delhi, and in supersession

of the rules made to give effect to sections 10(l)(a), 10(l)(b), 10(3),

16(1)(a), 16(l)(b) and 16(2), save as respects things done or omitted

to be done before such supersession, the Lieutenant-Governor,

Puducherry, is hereby pleased to make the following rules, namely:-

Registered with the Registrar

of Newspapers for India

under No. 10410



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II



EXTRAORDINAIRE

EXTRAORDINARY



Publiée par

Published by



Autorité

Authority

` 5-00

Prix : ` 5-00

Price : ` 5-00

Registered No.

PY/44/2018-20

WPP No. TN/PMG(CCR)/

WPP-88/2018-20

Dated : 29-10-2018

Price : ` 5-00





2018 } | 29 {

No.

59 Poudouchéry

Lundi

Octobre

2018

No.

Puducherry

Monday

29th

October

2018

( 7 Kartika 1940 )

852

LA GAZETTE DE L'ETAT

[PART–II

1. Short title, extent and commencement.— (1) These rules may

be called the Puducherry Consumer Protection (Appointment, Salary,

Allowances and Conditions of Service of President and Members of the

State Commission and District Forum) Rules, 2018.

(2) They shall come into force on the date of publication in the

Official Gazette.

2. Definitions.— In these rules, unless the context otherwise

requires,–

(a) 'Act' means the Consumer Protection Act, 1986 (68 of 1986);

(b) 'District Forum1 means the District Consumer Disputes

Redressal Forum established under clause (a) of section 9 of the

Act;

under sub-section (l)(b) of section 10 of the Act, or a Member of

the State Commission appointed . under sub-section (l)(b) of

section 16 of the Act, as the case may be;

(d) 'President' means the President of the District Forum

appointed under sub-section (l)(a) of section 10 of the Act; or the

President of the State Commission appointed under sub-section

(l)(a) of section 16 of the Act, as the case may be;

(e) 'Selection Committee' means the Selection Committee

constituted under section 10(1A) or section 16(1A), as the case

may be;

(f) 'State Commission' means the State Consumer Disputes

Redressal Commission established under clause (b) of section 9

of the Act;

(g) Words and expressions used in these rules and not defined,

but, defined in the Act shall have the same meaning respectively

assigned to them in the Act.

3. Mode of appointments in District Fora.— (1) President of a

District Forum shall be appointed either (a) by direct appointment or

(b) on deputation from amongst the serving District Judges.

853

PART–II]

LA GAZETTE DE L'ETAT

Provided that appointment of a serving District Judge shall not be

made without the concurrence of the High Court:

Provided further that where the pendency of complaints at the

starting of the year before a District Forum does not exceed five

hundred or the average number of complaints filed in the last three

years does not exceed five hundred, the appointment may be made on

part-time basis.

(2) Notwithstanding the provisions in sub-rule (1), if, the

Government is of the view that the work can be managed by assigning

additional charge to a serving District Judge, it may do so with the

concurrence of the Chief Justice of the High Court.

(3) Members of the District Forum shall be appointed on

whole-time basis or part-time basis.

Provided that the number of posts for whole-time appointment

shall be identified by the Government in consultation with the

President of the State Commission.

Provided further that where the pendency of complaints at the

starting of the year before a District Forum does not exceed five

hundred or the average number of complaints filed in the last three

years does not exceed five hundred, the appointment may be made on

part-time basis.

(4) In the event of pendency of complaints at the starting of the

year before a District Forum exceeding one thousand five hundred or

the average number of complaints filed in the last three years

exceeding one thousand, the Government may establish an additional

District Forum in the District.

(5) Presidents and Members appointed on part-time basis shall

function for such number of days in a week as may be decided by the

President of the State Commission in consultation with the Government,

taking into consideration the work load of the District Forum.

Provided that the number of working days shall not be less than

two in a week and the President and Members, appointed on part-time

basis, will observe regular office hours on their working days.

854

LA GAZETTE DE L'ETAT

[PART–II

(6) Presidents and Members while acting or purporting to act in

pursuance of any of the provisions of this Act, shall be deemed to be

public servants within the meaning of section 21 of the Indian Penal

Code.

4. Mode of appointment in the State Commission.— (1) President

of the State Commission may be appointed on whole time basis or by

assigning additional charge to a sitting judge of the High Court.

Provided that appointment of a sitting High Court Judge, either on

whole time basis or on additional charge basis, shall not be made

without the concurrence of the Chief Justice of the High Court.

(2) Members of the State Commission shall be appointed either

by (a) direct appointment or (b) on deputation from amongst the

Government servants, who are qualified to hold the post:

Provided that a serving judicial officer shall not be appointed

without concurrence of the Chief Justice of the High Court.

Provided further that where the pendency of complaints and

appeals at starting of the year before the State Commission does not

exceed five hundred or the average number of complaints and appeals

filed in the last three years does not exceed five hundred, the

appointment may be made on part-time basis.

(3) Members appointed on part-time basis shall function for such

number of days in a week as may be decided by the President of the

State Commission in consultation with the State Government, taking

into consideration the work load of the District Forum.

Provided that the number of working days shall not be less than

two in a week and the Members, appointed on part-time basis, will

observe regular office hours on their working days.

(4) Presidents and Members while acting or purporting to act in

pursuance of any of the provisions of this Act, shall be deemed to be

public servants within the meaning of section 21 of the Indian Penal

Code.

855

PART–II]

LA GAZETTE DE L'ETAT

5. Selection of the President and Members of District Fora.— (1)

Matters relating to appointment of President and Members of District

Fora shall be processed by the President of the State Commission.

(2) The process of appointments shall be initiated at least six

months before the vacancy arises.

(3) If, a post falls vacant due to resignation or death of a

President or 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 is created, as the case may be.

(4) The Advertisement of a vacancy, inviting applications for the

posts from eligible candidates will be published in leading newspapers

and also circulated in such other manner as the President of the State

Commission may deem appropriate.

(5) Selection of President and Members of District Fora shall

be made by the Selection Committee constituted under sub-section

(1A) of section 10 of the Act.

(6) After scrutiny of the applications received till the last date

specified for receipt of applications, list of eligible candidates along

with their applications shall be placed before the Selection Committee.

(7) The Selection Committee shall short-list the applicants in

the following manner, namely—

(a) in case of candidates having judicial background, on the

basis of the judgements and other judicial orders passed by such

candidates;

(b) in case of candidates having experience of working under

the Central Government or any State Government or an undertaking

under the Central Government or the State Government, on the

basis of their available Annual Confidential Reports for the last

ten years and their experience relevant te the post applied for;

consisting of two papers as per the following Scheme. The qualifying

marks in each paper shall be 50%.

856

LA GAZETTE DE L'ETAT

[PART–II

Paper

Topics

Nature of

Max.

Duration

test

marks

(1)

(2)

(3)

(4)

(5)

(a) General knowledge and

current affairs.

Paper-I (b) Knowledge of Constitution

Objective

100

2 hours

of India.

type

consumer related laws as

indicated in the Schedule.

(a) One Essay on topics chosen

from issues on trade and

Paper-II

commerce, consumer related

Descriptive

100

3 hours

issues or public affairs.

type

(b) One

case

study of

consumer case for testing

the abilities of analysis and

cogent drafting of orders.

(8) The Selection Committee shall interview all shortlisted

candidates in which marks may be awarded giving due weightage to the

personality, relevant past experience, knowledge of law, special

achievements, aptitude and vision for the assignment to be taken up.

(9) The Selection Committee shall recommend a panel of names

of candidates for appointment as President or Member, as the case may

be, from amongst the candidates in the order of merit for consideration

of the Government.

(10) The Government shall verify or cause to be verified the

credentials and antecedents of the recommended candidates.

(11) Every appointment of a President or Member shall be made,

subject to submission of a certificate of physical fitness signed by a

Civil Surgeon or District Medical Officer.

(12) Before appointment, the selected applicant shall have to

furnish 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 President or Member.

6. Selection of the President of the State Commission.— (1) The

process of appointment shall be initiated by the State Government at

least six months before the vacancy arises.

857

PART–II]

LA GAZETTE DE L'ETAT

(2) If, a post falls vacant due to resignation or death of a

President or creation of a new post, the process for filling the post

shall be initiated immediately after the post has fallen vacant or is

created, as the case may be.

(3) The Selection Committee constituted under sub-section (1A)

of section 16 of the Act, shall recommend, through a search and

selection process after assessing the suitability on the basis of merit

and experience, a candidate with another candidate in the waiting list,

for consideration of the Government.

(4) The candidates under consideration shall be clear from the

vigilance angle.

(5) The Government shall appoint the selected candidate after

consultation with the Chief Justice of the High Court.

(6) Every appointment of the President shall be subject to

submission of a certificate of physical fitness signed by a Civil

Surgeon or District Medical Officer.

(7) Before appointment, the selected candidate shall have to

furnish 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 President.

7. Selection of Members of the State Commission.— (1) The process

of appointments shall be initiated by the President of the State

Commission at least six 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 is created,

as the case may be.

(3) The Advertisement of a vacancy, inviting application for the

post from the eligible candidate will be published in leading news

papers and also circulated in such other manner as the President of the

State Commission may deem appropriate.

(4) Selection of Members of the State Commission shall be

made by the Selection Committee constituted under sub-section (1A)

of section 16 of the Act.

858

LA GAZETTE DE L'ETAT

[PART–II

(5) After scrutiny of the applications received till the last date

specified for receipt ot applications, a list of eligible candidates along

with their applications shall be placed before the Selection Committee.

(6) The Selection Committee shall short-list the applicants in

the following manner, namely-

(a) in the case of candidates having judicial backgrournd, on the

basis of the judgements 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 the State

Government, on the basis of their available Annual Confidential

Reports for the last ten years and their experience relevant to the

post applied for;

as per the following Scheme. The qualifying marks in each paper

shall be 50%.

Paper

Topics

Nature of

Max.

Duration

test

marks

(1)

(2)

(3)

(4)

(5)

(a) General knowledge and

current affairs.

(b) Broad features of the Code Objective

100

2 hours

of Civil Procedure.

type

Paper-I (c) Knowled ge of vario us

consumer related laws as

indicated in the Schedule.

(d) Knowledge of Constitution

of India.

(a) One Essay on topics chosen

from issues on trade and

Paper-II

commerce, consumer related

issues or public affairs.

(b) One

case

study of

a Descriptive 100

3 hours

consumer case for testing

type

the abilities of analysis and

cogent drafting of orders.

859

PART–II]

LA GAZETTE DE L'ETAT

(7) The Selection Committee shall interview all the shortlisted

candidates and award marks with due weightage to the personality,

relevant past experience, quality of the judgments, knowledge of law,

special achievements, aptitude and vision for the assignment to be

taken up.

(8) The Selection Committee shall recommend a panel of names

of candidates for appointment as Member from amongst the candidates

in the order of merit for the consideration of the Government.

(9) The Government shall, verify or cause to be verified the

credentials and antecedents of the recommended candidates.

(10) Every appointment of a Member shall be subject to

submission of a certificate of physical fitness signed by a Civil

Surgeon or District Medical Officer to his medical fitness.

(11) Before appointment, the selected candidate shall have to

furnish 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.

8. Salaries/Remunerations of the whole-time President and

Members of District Fora.— (1) A serving District Judge, appointed on

deputation basis, shall be entitled to pay and allowances of a District

Judge in the super time scale of pay.

(2) A whole-time President other than serving or retired District

Judge shall receive a consolidated remuneration equivalent to pay at the

minimum of the scale of pay of a District Judge plus other allowances

as admissible.

(3) A whole-time Member shall be paid a consolidated

remuneration equal to the pay at the minimum of the scale of pay of a

Deputy Secretary of the State Government plus other allowances as

admissible.

(4) Fixation of pay of the retired Government servants appointed

to the posts of President or Members on whole time-basis shall be on

the basis of the pay last drawn reduced by the amount of pension plus

other allowances as admissible to a re-employed pensioner;

(5) There shall be an annual upward revision of the remuneration

of whole-time appointees at the rate of 3%.

860

LA GAZETTE DE L'ETAT

[PART–II

Salaries/Remunerations of the part-time President and

Members of District Fora.— (1) A part time President shall be paid a

consolidated remuneration of rupees five thousand in Class X cities,

rupees four thousand in Class Y cities and rupees three thousand in

other places, per day of sitting.

(2) A part time Member shall be paid a consolidated

remuneration of rupees four thousand in X Class cities, rupees three

thousand and five hundred in Y Class cities and rupees two thousand and

five hundred in other places, per day of sitting.

(3) Remuneration of the part-time appointees shall be reviewed

every three years taking into consideration the consumer price index.

(4) Remuneration in the case of appointments made on

additional charge basis shall be governed by the relevant provisions in

the Financial Rules.

10. Salaries/Remunerations of the whole-time President and

Members of the State Commission.— (1) President of the State

Commission shall receive the salary, allowances and other perquisites

as are admissible to a sitting Judge of the High Court of the State.

(2) A whole-time Member of the State Commission shall be

paid a remuneration equivalent to the pay at minimum of the scale of

pay of an Additional Secretary in the Government and other allowances

as admissible.

Provided that serving Government servants appointed on

deputation basis shall be entitled to salary and allowances under the

provisions applicable to deputationists.

Fixation of pay of the persons retired from Government service,

appointed to the posts of President or Member on whole time basis,

shall be on the basis of the pay last drawn reduced by the amount of

pension.

11. Salaries/Remuneration of the part-time Members of the

State Commission.— (1) A part-time Member of the State Commission

shall be paid a consolidated remuneration of rupees five thousand

in X Class cities, rupees four thousand in Y Class cities and rupees

three thousand in other places, per day of sitting.

(2) Remuneration of the part-time appointees shall be reviewed

every three years taking into consideration the consumer price index.

861

PART–II]

LA GAZETTE DE L'ETAT

(3) Remuneration in the case of appointments made on

additional charge basis shall be governed by the relevant provisions in

the Financial Rules as amended.

12. Leave and medical treatment and hospital facilities to the

whole-time appointees.— Whole-time appointees shall be entitled to

leave, LTC, medical treatment and hospital facilities as per the

provisions applicable to Group A Government servants in the State

Government.

13. The salary, remuneration and other allowances shall be

defrayed out of the Consolidated Fund of the State Government and in

the case of the Union Territories, from the Consolidated Fund of India.

14. The terms and conditions of the service of the President and

the Members of the District Forum and the State Commission shall not

be varied to their disadvantage during their tenure of office.

15. Removal of President and Members of State Commission

and District Fora from office in certain circumstances.— (1) The

State 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

Government involves moral turpitude; or

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) remains absent in three consecutive sittings except without

leave or for reasons beyond his control.

(2) Notwithstanding anything contained in sub-rule (1), the

President of the State Commission shall not be removed from his

office on the grounds specified in Clauses (d), (e) and (f) of that

sub-rule except after an inquiry held by a sitting Judge of the High

862

LA GAZETTE DE L'ETAT

[PART–II

Court nominated by the Chief Justice of the High Court in which the

President of the State Commission has been informed of the charges

against him and given a reasonable opportunity of being heard in

respect of those charges and found guilty.

(3) Notwithstanding anything contained in sub-rule (1), a Member

of the State Commission, President or Member of the District Forum

shall not be removed from his Office on the grounds specified in

Clauses (d), (e) and (f) of that sub-rule except after an inquiry held by

a Member of the National Commission nominated by the President of

the National Commission, in which the President or Member of the

District Forum or the Member of the State 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.

(By order of the Lieutenant-Governor)

R. ALICE VAZ, I.A.S.,

Secretary to Government.

SCHEDULE

Refer to rule 5(7) (C) and rule 7(6) (C)

1. The Consumer Protection Act, 1986.

2. The Legal Meterology Act, 2009.

3. The Bureau of Indian Standards Act, 2016.

4. The Competition Act, 2002.

5. The Food Safety and Standards Act, 2006.

6. The Drugs and Cosmetics Act, 1945.

7. The Sale of Goods Act, 1930.

8. The Real Estate (Regulation and Development) Act, 2016.

9. The Electricity Act, 2003.

10. The Insurance Act, 1938.

online publication at “https://styandptg.py.gov.in”

Published by The Director, Government Press

Printed at: Government Central Press, Puducherry.

Posted at: Puducherry HPO on every Tuesday