Most Provisions Of Consumer Protection Act To Come Into Force On 20 July 2020 [Read Notification]

The Central Government has issued a notification by which it appoints the 20th day of July, 2020 as the date on which the many provisions of the Consumer Protection Act , 2019 shall come into force. The following provisions will be coming into force with effect from the aforesaid date:Section 2 [Except clauses (4), (13), (14), (16), (40)] [DEFINITIONS]Sections 3 to 9 (both inclusive); [CONSUMER PROTECTION COUNCILS] Sections 28 to 73 (both inclusive); [Except sub-clause (iv) of clause (a) of sub-section (1) of section 58.] {CONSUMER DISPUTES REDRESSAL COMMISSION}Sections 74 to 81 (both inclusive); [MEDIATION]Sections 82 to 87 (both inclusive); [PRODUCT LIABILITY] Sections 90 and 91; [Except sections 88,89,92 & 93] [OFFENCES AND PENALTIES] Sections 95, 98, 100, [MISCELLANEOUS]Section 101 [Except clauses (f) to (m) and clauses (zg), (zh) and (zi) of sub –section 2 ]. [MISCELLANEOUS]Sections 102, 103, 105, 106, 107 [ Except sections 94, 96,97,99, 104] [MISCELLANEOUS]Last year, the Parliament had passed the Consumer Protection Bill 2019, which seeks to wholly replace the Consumer Protection Act 1986. The Act seeks to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers' disputes. The Bill received the assent of the President on 9th August, 2019.Central Consumer Protection CouncilThe provisions relating to Constitution and powers of Central Consumer Protection Council are not included in the notification. However, the Rules on Composition of Central Council., their term etc has been notified.As per these Rules, the Central Council which shall consist of the following members, not exceeding thirty-six, namely: — the Minister in-charge of Consumer Affairs in the Central Government who shall be the Chairperson of the Central Council; 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; 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; 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; two Members of Parliament—one from the Lok Sabha and one from the Rajya Sabha; 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; the Chief Commissioner of the Central Consumer Protection Authority; the Registrar, National Consumer Disputes Redressal Commission, New Delhi;representatives of consumer organisations not exceeding five, to be nominated by the Central Government;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;the Secretary in-charge of Consumer Affairs in the Central Government shall be the Member-Secretary of the Central Council.State Commission and District CommissionThe Department of Consumer Affairs has also issued notification regarding framing of Consumer Protection (Salary, allowances and conditions of service of President and Members of the State Commission and District Commission) Model Rules, 2020. Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020 has also been notified. These Rules would also come into force on July 20. As per these Rules following are the Qualifications for appointment of President and members of the State Commission.—A person shall not be qualified for appointment as President, unless he is, or has been, a Judge of the High Court; A person shall not be qualified for appointment as a member unless he is of not less than forty years of age and possesses-- (a) an experience of at least ten years as presiding officer of a district court or of any tribunal at equivalent level or combined service as such in the district court and tribunal: Provided that not more than fifty percent of such members shall be appointed; or (b) a bachelor's degree from a recognised university and is a person of ability, integrity and standing, and has special ...

Most Provisions Of Consumer Protection Act To Come Into Force On 20 July 2020 [Read Notification]

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