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546 PUNJAB OOVT. 'OAZ;., SEPTEMBER 14, 2018 (BHDR 23, 1940 SAKA)

DEPARTMENT OF FOOD CIVIL SUPPLIES & CONSUMER AFFAIRS

(Cb~sumer Protection Act Branch) ~ '

NOTIFICATION

The 5th September, 2018

[PART I

No. 04/08/2012-4CPA/1311~9WL-Jn exercise of the powers conferred by sub-section (2) of section

:l 0 of the Consumer Protection Act, 1 9~6 ( 68 of 1986), and in supersession of the rules made to give effect to

sections I 0( 1 )(a), I 0( 1 )(b), I 0(3 ),'16( \)(h), 16( 1 )(b) and 16(2), the Government of Punjab hereby makes the

fol lowing rules, namely:- ·

1. Short title, extent and com meac,~ment. -

(1) These rules may be cal~eq t~e Punjab Consumer Protection (appointment, salary, allowances and

conditions of service of President and Members of the State Commission and District Forum) Rules,

20 18.

(2) They shall come into fo~ce ~n the date of their publication in the Official Gazette.

2. Definitions. - In these rules, unless the context otherwise requires,-!

(a) 'Act' means the Consume,r ~rotection Act, 1986 ( 68 of 1986);

(b) 'District Forum' means the Di~trict Consumer Disputes Redressal Forum established under clause (a) of section 9 ofthe~ct; ! \

(c) "High Comt" means The Pu.njab & Haryana High Court

(d) 'Member' mea~s a Member'ofthe District Forum appointed under sub-section (I) (b) of Section 10 of the Apt: or a Member of the State Commission appointed tmde'r sub~section ( 1) (b) of Section 16 of the Act, as the case may be;

(e) 'President' means the Pi·· iden ~; of the District Forum appointed under sub-section (I) (a) of Section 10 of the Act; or the President of the State Commission appointed under sub-sec~ion (.1) (a) Qf Section 16 of the Act, as the case may be;

(f) "State" means the State of Plllvab.

(g) 'Selection committee' means the Selection Committee constituted under section 1 0(1 A) or section

16( I A) of the Act, as the case may be;

(h) 'State Commission' means the State Consumer Disputes Redressal Commission established under

clause (b) of section 9 of the Act;

(i) Words and expressions used in these rules and not defined but defined in the Act shall have the

same meaning respectiv~ly as~igned to them in the Act.

3. Mode of appointments in District Fora--

1. President of a District Foru!f!sl·;all be appointed either (a) by direct appointment or (b) on deputation from amongst the serving Di'strict Judges.

2.

Provided that appointment of a. serving District Judge shall not be made ' '•

without the concurrence oftheHigh 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 I '

years does not exceed five tiundred, the appointment may be made on part-time basi s. {

Notwithstanding the provisions in sub-rule (1 ), if the State Government is of the view that the work

can be managed by assigning additional charge to a serving District Judge, it may do so wit~ the

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PART I] PUNJAB GOVT, GAJ_.! SEPTEMBER 14,2018 (BHDR 23, l940 SAKA) 547

concurrence of the Chief lLtst,ice of the High Court.

3. Members of the District Fol·uin shall be appointed on whole-tiri1ebasis or part-time basis.

Provided that the number ofp'0sts for whole-time appointment shall. be identi f ied by the S tate

Government in cbnsultatiort ~·ith the President of the State Commission. :. . .

Provided further that whhe1 the pendency of complaints atthe starting of the year before a Distri ct

Forum does not exce~'d fi~e hundred or the average number of complaints filed in the last three years does not exceed:Jive-tnmdred, the appointment may be made on part-time basis.

4. In the everit of pendency ofc~mplaints at the starting of the year before a District Forum exceeding ~ .

one thousand five hundred dr the average number of complaints filed in the last three years exceedi ng one thousand, the S tate Government may establish an additional District Forum in the D istrict.

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5. Pres idents and Members aJjpointed on part-time basis shall functi on f or such number of days in a

week as may be decided Ely the President of the State Commission irt consultation with the State \· I '

Government, taking into cqns ideration the work load ofthe District Forum.

Provided that the numb'er ot'working days shall not be less than two in a week and the President and ~ ' .

Members, appointed on pl'u' t-tlme basis, will observe regular office hours on their working days.

6. Presidents and Members while acting or purporting to act inpursuimce of any of the provisions of

this Act, shall be deemed td b

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548 PUNJAB GOVT. -OAz., SEPTEMBER 14, 2018 (BHDR 23, 1940 SAKA) [PART I

(2) The process of appoint~ents shall be initiated at least six months before the vacancy arises.

(3) If a post falls vacant due to ye~ignation or death of a President or a Member or creation of a new post, the process for filli-ng tJ:!e :post shall be initiated immediately after the post has fall en vacant or

is created, as the case rhay \ >e ~

(4)

(S)

(6)

(7)

.. . ;~ ., The Advertisement ofa yacancy, inviting applications for the posts from eligible candidates will be

published in leading n~W~p~p{;rs and also circulated in such other ma'nner as the President of the State Commission may deeni appropriate.

Selection of President and lYJembers of District Fora shall be riJade by the Selection Committee

constituted under sub-sectio'p ( 1 A) of section 10 of the Act . ' '

After scrutiny of the applicatior.'s received till the last date specified for receipt of applications, li st of

eligible candidates along With (heir applications shall be placed before the Selection Comm ittee.

The Selection Committee ~hcill short-list the applicants in the following manner, namely-

(a)

(b)

: . in case of candid~tes h'aving judicial background, on the basis of the judgements and other

' . . . judicial orders passed by such candidates;

.. ' in case of candid~te~ ~;aving experience of working u~der the Central Government or any State Govemment'orari undertaking under the Central Government or the State Government,

on the basis of thciir ' a~ailable Annual Confidential Reports for the last ten years arid their experience relevarh to the post applied for;

' (c) in other cases, on the basis of performance in a written test consisting of two papers as per the

,I I .

fo llowing scheme.'i'fhe:qnalifying marks in each paper shall be SO%:

Paper Topics ·' ·' Nature of fest Max. marks Duration

Paper-! (a) General Knowledge and current affairs Objective 100 2 hours

(b) Knowledge ofCon;;ti~ution oflndia Type . . ~ '

(c) Knowledge ofvadqtw Consumer related

Laws as indicated ·in u-:e schedule. ; • l

Paper-II (a) One Essay on t~p"i

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PART I] PUNJAB GOVT( OAt. ,. SEPTEMBER 14,2018 (BHDR 23, 1940 SAKA) ----------------~-------· -'--· ~ · .

549

will not have any suchr:finaJ .. tcial or other interest as is likely to affect prejudicially his functio~s as President or Member. ·:

6. Selection of the President· of the; State Commission. --

1.

2.

3.

4.

5.

6.

7.

The process of appoinffne~t·sfiall be initiated by the State Government at least six months before the vacancy arises.

If a post falls vacant duet'o res:ignatioil or death of a President or creation of a new post, the process

for filling the post shall' be i ';~ i1;iated immediately after the post has fallen vacant or is created, as the case may be.

The Selection Committee 6o:~1stituted under sub-section ( lA) of section 16 of the Act, shall re~ommend , through a search and sele~~ic;n process after assessing the suitability on the basis of merit and experience, a candid~te wiih another candidate in the waiting list, for consideration of the State

l

Government '' • •

The candidates under C.Onsi,deration shalL be clear from the vigih:m~e angle. .-, ' ' ' l . . .

The State Government shall appoint the selected candidate after consultation with the ChiefJustice of the High Court. · :I · · ·

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Every appointment of the. President shall be subject to submission of a certificate of physical fitness

as indicated in the annexur~ signed by a civil surgeon or District Medical Officer.

Before appointment, the se!'eci:ed candidate shall have to furnish im undertaking that he does not and . . . l . . .

will not have any such 'finai'tc ~al or other interest as is likely to affect prejudicially his functions as

President. ·! 1

7. Selection of Members of the ':~tiHe Commission. --' 1. The process of appointments !:hall 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 w::atio of a new post, the process

for filling the post shal(be ini1·iated immediately after the post has fallen vacant or is created, as the , \ . . ' .

case may be. . i I

3. The Advertisement of a 'v~c;mcy, inviting applications for the posts from eligible candidates will be publ ished in leading new~~apers and also circulated in such other manner as the President of the

State Commission may;d~J.tn appropriate. •. ~

4. Selection of Members of the State Commission shall be made by the Selection Committee constituted under sub-section (I A)of.dection 16 of the Act ·. .

5. After scrutiny of the applicati

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550 PUNJAB GOVT. 'oAi;., SEPTEMBER i4, 2018 (BHDR 23, 1940 SAKA) ==============:::::::::::±'' =· t='' . . . . . ,.

[PART I

Paper Topics ;; , Nature of test Max. marks Duration · ----------------------~~------------~------------

Paper-! (a) General Knowledg~ apd current affairs

(b) Broad. features' of tite :Code of Civil

Procedure ; ;

Objective

Type

100 2 hours

(c) Knowledge o(yah~?u~ Consumer related Laws as indicatedtin;tt:e schedule.

(d) Knowledge of ~~tit_ut_io_n_o_f_In_d_i_a __ ~--~--~""------~---~-Paper-II a. One Essay on tcipi~s :~chosen from issues on

trade & cornmerce'; cbr)stimer related issues or

Descriptive .

type

100 3 hours

7.

8.

9.

Public Affairs ' · i

b. One case study :of a; consumer case for testing the abilities' of ~halysis and cogent drafting of orders . .

The Selection Committ~e sllal :! interview all the shortlisted candidates and award marks with due . 1. ' ·~· . . . . weightage to the personalityl rdevant past experience, quality of the judgments, knowledge of law,

special achievements, aptiiuJ:le and vision for the assignmentto be taken up. ·

The selection comlnittee shal I ri!commend a panel of names of c.:andidates for appointment as Member . : •

from amongst the candidates. in the order of merit for the considel·ation ofthe State Government.

The State Government ~hJl;l verify or cause to be verified the credentials and antecedents of the recommended candidates. : .; -~

' '· ~~ry app.ointment of a M~rtfber shall. b~ subject to su~mi~siono~ a certificate of ~hysic~l fit r:sss as

mdtcated m the annexure stgned b a ctvtl surgeon or Dtstnct Medtcal Officer to hts medtcal fitness . ; ·; •; I

II. Before appointment, the seJe.~tt:d 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 funct ions as

• such Member. ~ . :: /salaries/Remunerations of :th~ Jw\~ole-time President and Members of ~istrict Fora. -

(I) A serving District Judge, appc:inted on ct~~putation basis, shall be entitled to pay and allowances of

a District Judge in the s{tpet time scale of pay. i ( • .

(2) A whole-time President oth,pr ,than serving or retired District Judge shall receive a consolidated

reml.meration equivalent td pa:j at the minimum of the scale of pay of a District Judge plus other allowances as admissible.

) ~hole-lime Memb~r S.hall,;b\' paid a consolidated remuneration equal to the pay at the minimum of the scale of pay of a Dep~tty Secretary of the State Government plus other allowances as admissible. . r ,

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( 4) Fixation of pay of the refi r~d, Government servants appointed to the posts ofPr~sident or Members • • ,.· ' .;, ' \ • 0 •

on whole time basis shall b~ 0~1 the basis ofthe pay last drawn reduced by the amount of pension . ' ..

plus other allowances ·as: adrrlissible to a re-employed pensioner;

(5) There shall be an annual. upytafd revision ofthe remuneration of whole-time appointees at the rate of3%. :; '•\ '' · .. · · · ·

- - - - - . ; 'l• . . 9. Salaries/Remunerations of the part-time President and . Members of :Oistrict Fora. --, .. '

(l) A part time President shall qe paid a consolidated remuneration of rupees five thousand in class X t: '1! ' .

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fART I] PUNJAB GOVT.

552 PUNJAB GOVT. GA2., 'SEPTEMBER 14, 2018 (BHDR 23, 1940 SAKA) ------------------~· ~------~· ~. . ,.

[PART I

(2)

(3)

d) has acquired such (lnat.1cial or other interest as. is fikely to affect prejudicially his fun~tions as

the President or a Mer'