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Central Govt. Establishes Central Consumer Protection Authority [Read Notifications]

LIVELAW NEWS NETWORK
23 July 2020 5:03 PM GMT
Central Govt. Establishes Central Consumer Protection Authority [Read Notifications]
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The Central Government has established the Central Consumer Protection Authority with its headquarter at New Delhi, with effect from 24th July 2020.

Central Consumer Protection Authority [CCPA] is a national level regulator dealing with matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers. Chapter III of the Consumer Protection Act, 2019 contains provisions regarding CCPA.

The provisions related to the CCPA, which were not notified last week, will come into force with effect from 24th July i.e. tomorrow. Many provisions of the Consumer Protection Act , 2019 and various Rules had come into force on 20th July itself.

As per section 18 of the 2019 Act, the CCPA shall:

  1. protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers rights under this Act;
  2. prevent unfair trade practices and ensure that no person engages himself in unfair trade practices;
  3. ensure that no false or misleading advertisement is made of any goods or services which contravenes the provisions of this Act or the rules or regulations made thereunder;
  4. ensure that no person takes part in the publication of any advertisement which is false or misleading.

For the above purposes it is empowered to:

  1. inquire or cause an inquiry or investigation to be made into violations of consumer rights or unfair trade practices, either suo motu or on a complaint received or on the directions from the Central Government;
  2. file complaints before the District Commission, the State Commission or the National Commission, as the case may be, under this Act;
  3. intervene in any proceedings before the District Commission or State Commission or National Commission, as the case may be, in respect of any allegation of violation of consumer rights or unfair trade practices;
  4. review the matters relating to, and the factors inhibiting enjoyment of, consumer rights, including safeguards provided for the protection of consumers under any other law for the time being in force and recommend appropriate remedial measures for their effective implementation;
  5. recommend adoption of international covenants and best international practices on consumer rights to ensure effective enforcement of consumer rights;
  6. undertake and promote research in the field of consumer rights;
  7. spread and promote awareness on consumer rights;
  8. encourage non-Governmental organisations and other institutions working in the field of consumer rights to co-operate and work with consumer protection agencies;
  9. mandate the use of unique and universal goods identifiers in such goods, as may be necessary, to prevent unfair trade practices and to protect consumers' interest; Power of District Collector. Complaints to authorities. 
  10. issue safety notices to alert consumers against dangerous or hazardous or unsafe goods or services;
  11. advise the Ministries and Departments of the Central and State Governments on consumer welfare measures;
  12. issue necessary guidelines to prevent unfair trade practices and protect consumers' interest

Rules on Composition of Central Council., their term etc. were also notified. As per these Rules, the Central Council which shall consist of the following members, not exceeding thirty-six, namely: —

  1. the Minister in-charge of Consumer Affairs in the Central Government who shall be the Chairperson of the Central Council;

  2. the Minister of State (where he is not holding independent charge) or Deputy Minister in charge of Consumer Affairs in the Central Government who shall be the Vice-Chairperson of the Central Council;

  3. the Minister in-charge of Consumer Affairs of two of the States from each region as mentioned in Schedule I to be changed by rotation on expiration of the term of the Central Council on each occasion;

  4. an administrator (whether designated as administrator or Lieutenant Governor) of a Union territory, to represent that Union territory, as mentioned in Schedule II, to be changed by rotation on expiration of the term of the Central Council on each occasion;

  5. two Members of Parliament—one from the Lok Sabha and one from the Rajya Sabha;

  6. representatives of Departments of the Central Government, autonomous organisations or regulators concerned with consumer interests, not exceeding five to be nominated by the Central Government;

  7. the Chief Commissioner of the Central Consumer Protection Authority;

  8. the Registrar, National Consumer Disputes Redressal Commission, New Delhi;

  9. representatives of consumer organisations not exceeding five, to be nominated by the Central Government;

  10. representatives with proven expertise and experience who are capable of representing consumer interests, drawn from amongst consumer organisations, consumer activists, research and training organisations, academicians, farmers, trade or industry, not exceeding five, one from each of the regions specified in Schedule I, of whom at least one shall be a woman; (k) the Secretaries in-charge of Consumer Affairs in the States, not exceeding three, to be nominated by the Central Government;

  11. the Secretary in-charge of Consumer Affairs in the Central Government shall be the Member-Secretary of the Central Council.


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