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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

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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No. 25

Poudouchéry

Lundi

Août

2021

No.

Puducherry

Monday

30th

August

2021

(8 Bhadra 1943)

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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;

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.

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(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.

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[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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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.

( )

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[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.

( )

————

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

Published by the Director, Government Press, Puducherry.