Registered No.
PY/44/2021-23
Registered with the Registrar of Newspapers for India under No. 10410 Amflºƒˆ \VWÈ ∂´E>µ
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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®ı Amflºƒˆ ]∫Ô'˛wÁ\ 2021 } gÔ¸' | 30 { No. 25 Poudouchéry Lundi 3 0 Août 2021
No. Puducherry Monday 30th August 2021
(8 Bhadra 1943)
GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF CIVIL SUPPLIES AND CONSUMER AFFAIRS
(G.O. Ms. No. 03, Puducherry, dated 27th August 2021)
NOTIFICATION
In exercise of the powers conferred by sections 30, 44 and sub-section (1) of section 102 of the Consumer Protection Act, 2019 (35 of 2019), read with Government of India's Notifications issued in S.O.2351(E), dated 15th July, 2020 and S.O.3997(E), dated 3rd November, 2020 of the Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs), Government of India, New Delhi; and in supersession of the Puducherry Consumer Protection (Appointment, Salary, Allowances and Conditions of Service of President and Members
[ 657 ] 658 LA GAZETTE DE L'ETAT [PART–II
of the State Commission and District Forum) Rules, 2018 notified vide
G.O. Ms. No. 3, dated 24-10-2018 of the Department of Civil Supplies
and Consumer Affairs, Puducherry, 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:-
1. Short, title and commencement.— (1) These rules may be called
"the Puducherry Consumer Protection (Salary, Allowances and
Conditions of Service of President and Members of the State Commission
and District Commission) Rules, 2021" .
(2) They shall come into force on the date of their publication
in the Official Gazette.
2. Definitions.— (1) In these rules, unless the context otherwise
requires,-
(a) 'Act' means, the Consumer Protection Act, 2019 (35 of 2019);
(b) 'Member' means, a Member of the District Commission
or the State Commission, as the case may be;
(c) 'President' means, the President of the District
Commission or the State Commission, as the case may
be;
(d) 'State Government' means, the Lieutenant-Governor of
the Union territory of Puducherry, appointed under
Article 239 of the Constitution except in rule 11.
(2) The words and expressions used herein and not defined
herein and defined in the Act shall have the same meaning respectively
assigned to them in the Act.
3. Salaries and allowances payable to President and of Members
of the District Commission.— (1) The President shall be entitled to the
salary and allowances as are admissible to a District Judge in the Super
Time Scale of Pay.
(2) A Member shall receive a pay equal to the pay at the
minimum of the Scale of Pay of a Deputy Secretary of the Union territory
of Puducherry and other allowances as admissible to such officer.
659
PART–II] LA GAZETTE DE L'ETAT
(3) The pay of a person appointed as President or Member, who
is in receipt of any pension, shall be reduced by the gross amount of pension drawn by him.
(4) There shall be an annual upward revision of the pay of the
President and Member at the rate of 3%.
4. Salaries and allowances payable to President and Members
of the State Commission.— (1) The President of the State Commission shall receive the salary and other allowances as are admissible to a
sitting Judge of the High Court of Judicature at Madras.
(2) A Member of the State Commission shall receive a pay
equivalent to the pay at the minimum of the Scale of Pay of an Additional
Secretary of the Union territory of Puducherry and other allowances as are admissible to such officer.
(3) The pay of a person appointed as President or Member, who is in receipt of any pension, shall be reduced by the gross amount of
pension drawn by him.
(4) There shall be annual upward revision of the pay of the
President and Member at the rate 3%.
5. Medical fitness.— No Person shall be appointed as President or Member unless he is declared medically fit by an authority specified
by the State Government in this behalf.
6. Casual vacancy.— In case of a casual vacancy in the office of
President in the State Commission or District Commission, as the case
may be, the State Government shall have the power to appoint the senior most Member to officiate as President.
7. House rent allowance.— The President or Member shall be entitled to house rent allowance at the same rate as are admissible to
Group 'A' Officer of the Union territory of Puducherry of a corresponding
status.
8. Transport allowance.— The President or Member shall be
entitled to transport allowance at the same rate as are admissible to Group 'A' Officer of the Union territory of Puducherry of a corresponding
status.
660 LA GAZETTE DE L'ETAT [PART–II
9. Leave and medical treatment and hospital facilities.— The
President and Members of the State Commission and the District
Commission shall be entitled to leave, leave travel concession, medical
treatment and hospital facilities as per the provisions applicable to the
Group 'A' Officers in the Union territory of Puducherry.
10. Declartion of Financial and other Interests.— The President
or Member shall, before entering upon his office, declare his assets and
his liabilities and financial and other interests.
11. Other conditions of service.— (1) The terms and conditions
of service of the President or Member with respect to which no express
provision has been made in these rules, shall be, such as admissible to
a Group 'A' Officer of the Union territory of Puducherry of a
corresponding status.
(2) The President or Member shall not practice before the
National Commission, the State Commission or the District Commission
after retirement from the service of the State Commission or the District
Commission, as the case may be.
(3) The President or Member shall not undertake any arbitration
work while functioning in these capacities in the State Commission or
the District Commission, as the case may be.
(4) The President or Member of the State Commission or the
District Commission, as the case may be, shall not, for a period of two
years from the date on which they cease to hold office, accept any
employment in, or connected with the management or administration of
any person who has been a party to a proceeding before the State
Commission or the District Commission:
Provided that nothing contained in this rule shall apply to any
employment under the Central Government or a State Government or a
Local Authority or in any Statutory Authority or any Corporation
established by or under any Central, State or Provincial Act or a
Government Company as defined in clause (45) of section 2 of the
Companies Act, 2013 (18 of 2013).
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PART–II] LA GAZETTE DE L'ETAT
12. Oaths of office and secrecy.— Every person appointed to be
the President or Member shall, before entering upon his office, make
and subscribe an oath of office in Form-I and oath of secrecy in Form-II
annexed to these rules.
13. The salary, remuneration and other allowances shall be
defrayed out of the Consolidated Fund of the Union territory of
Puducherry.
14. The terms and conditions of the service of the President and
the Members of the District Commission and the State Commission shall
not be varied to their disadvantage during their tenure of office.
(By order of the Lieutenant-Governor)
C. UDAYA KUMAR, I.A.S.,
Secretary to Government.
ANNEXURE
(See Rule 12)
FORM–I
FORM OF OATH OF OFFICE
For the President/Member of the State Commission and
District Commission
I, ........................... having been appointed as the President/Member
in the State Consumer Disputes Redressal Commission ................... /
District Consumer Disputes Redressal Commission, ..............................
do solemnly affirm/do swear in the name of God that I will faithfully and
conscientiously discharge my duties as the President/Member of the
State Commission/District Commission to the best of my ability,
knowledge and judgment, without fear or favour, affection or ill-will and
that I will uphold the Constitution and the laws of land.
( ) 662 LA GAZETTE DE L'ETAT [PART–II
FORM–II
FORM OF OATH OF SECRECY
For the President/Member of the State Commission and
District Commission
I, ........................................ having been appointed as the President/
Member of the State Consumer Disputes Redressal Commission,
....................... /District Consumer Disputes Redressal Commission,
.............................. do solemnly affirm/do swear in the name of God that
I will not directly or indirectly communicate or reveal to any person or
persons any matter which shall be brought under my consideration or
shall become known to me as President/Member of the State
Commission/District Commission except as may be required for the due
discharge of my duties as the President/Member.
( )
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online publication at "https://styandptg.py.gov.in" Published by the Director, Government Press, Puducherry.