Assam State Consumer Protection Rules, 1989
No: -- Dated: Dec, 16 1989
ASSAM STATE CONSUMER PROTECTION RULES, 1989
Notification No. SDA/35/87/64, dated the 16th December, 1989. - In exercise of the powers conferred by sub-section (2) of Section 30 of the Consumer Protection Act, 1986 (68 of 1986), the State Government in the Department of Food and Civil Supplies, Assam hereby makes the following Rules, namely:
1. Short title and commencement. - (1) These rules may be called "The Assam State Consumer Protection Rules, 1989."
(2) They shall come into force from the date of their Notification in the official Gazette.
2. Definitions. - (a) "Act" means the Consumer Protection Act, 1986 (68 of 1986);
(b) "Agent" means a person duly authorised by a party to present any complaint or appeal or reply on its behalf before the State Commission or the District Forum ;
(c) "Appellant" means a party which makes an appeal against the order of the District Forum ;
(d) "Memorandum" means memorandum of appeal filed by the appellant ;
(e) "Opposite party" means a person who answers complaint of claim ;
(f) "President" means the President of the State Commission or District Forum, as the case may be ;
(g) "Respondent" means the person who answers any memorandum of appeal;
(h) "State" means the State of Assam ;
(i) "State Government" means the Government of Assam in the Department of Food and Civil Supplies.
3. Salaries and other allowances and terms and conditions of the President and Members of the District Forum. - [Section 10(3)]. (1) The President of the District Forum shall receive the salary of the Judge of a District Court if appointed on whole- time basis or an honorarium of Rs. 150 per day of sitting if appointed on part-time basis. Other members if sitting on whole-time basis shall receive a consolidated honorarium of Rs. 2,000 per month and if sitting on part-time basis a consolidated honorarium of Rs. 100 per day for the sitting.
(2) The President and the Members of the District Forum shall be entitled to such travelling allowance and daily allowance on official tour as are admissible to Grade-I Officer of the State Government.
(3) The salary, honorarium and other allowance shall be defrayed out of the Consolidated Fund of the State Government.
(4) Before appointment, the President and Members of the District Forum shall have to give an undertaking that he does not and will not have any such financial or other interests as is likely to affect prejudicially his functions as the President and a Member.
(5) In addition to the provisions of Section 10(2), the State Government may remove from the office, the President and Member of a District Forum who-
(a) has been adjudged an insolvent, or
(b) has been convicted of an offence which in the opinion of the State Government involves moral turpitude, or
(c) has become physically or mentally incapable of acting as such member, or
(d) has acquired such financial or other interest as if likely to affect prejudicially his functions as a member, or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest:
Provided that the President or Member shall not be removed from his office on the ground specified in Clauses (d) and (e) of sub-rule (5) except on an inquiry held by State Government in accordance with such procedure as it may specify in this behalf and finds the member to be guilty of such ground.
(6) The terms and conditions of the service of the President and the Members of the District Forum shall not be varied to their disadvantage during their tenure of office.
(7) Where any vacancy occurs in the office of the President of the District Forum, the senior-most (in order of appointment) Member of District Forum, holding office for the time being shall discharge the functions of the President until a person appointed to fill such vacancy assumes the office of the President of District Forum.
(8) Where the President of the District Forum is unable to discharge the functions owing to absence, illness or any other cause, the senior-most (in order of the appointment) Member of the District Forum shall discharge the functions of the President till the President resumes the charge of his functions.
(9) The President or any Member ceasing the hold office as such shall not hold any appointment in or be connected with the management or administration of an organisation which has been the subject of any proceeding under the Act during his tenure for a period of 5 years from the date on which he ceases to hold such office.
4. Place of sitting and other matters relating to District Forum. [Section 14(3)]. - (1) The office of the District Forum shall be located at the Head Quarter of the District.
(a) Persons who are appointed President/Members of any District Forum can also be appointed as President/Members of another District Forum but hearing of cases arising out of the territorial limits of any District Forum can be conducted only in that District and not while sitting in another District.
(2) The working days and the office hours of the District Forum shall be the same as that of the State Government.
(3) The office seal and emblem of the District Forum shall be such as the State Government may specify.
(4) Sitting of the District Forum, as and when necessary, shall be convened by the President.
(5) No act or proceeding of the District Forum shall be invalid by reason only of the existence of any vacancy among its members or any defect in its constitution.
(6) The State Government shall appoint such staff, as may be necessary to assist the District Forum in its day to day work and perform such other functions, as are provided under these Rules, or assigned to it by the President. The salary payable to such staff shall be defrayed out of the Consolidated Fund of the State Government.
(7) Where the opposite party admits the allegation made by the complainant, the District Forum shall decide the complaint on the basis of the merit of the case and documents present before it.
(8) If during the proceedings conducted under Section 13, District Forum fixes a date for hearing of the parties, it shall be obligatory on the complainant and opposite party or its authorised agent to appear before the District forum on such date of hearing or any other date to which hearing could be adjourned. Where the complainant or his authorised agent fails to appear before the District Forum on such day, the District Forum may in its discretion either dismiss the complaint for default or decide it on merit. Where the opposite party or its authorised agent fails to appear on the day of hearing, the District Forum may decide the complaint ex-parte.
(9) While proceeding under sub-rule (8), the District forum may, on such terms as it may think fit and at stage, adjourn the hearing of the complaint but not more than one adjournment shall ordinarily be given and the complaint should be decided within 90 days from the date of notice received by the opposite party where complaint does not require analysis or testing of the goods and within 150 days if it requires analysis or testing of the goods.
(10) Orders of the District Forum shall be signed and dated by the Members of the District Forum constituting the Bench and shall be communicated to the parties free of charge.
5. Procedure to be adopted by the District Forum for analysis and testing of the goods. [Section 13(l)(c)]. - (1) If considered necessary, the District Forum may direct the complainant to provide more than one sample of the goods in clean containers with stopper properly fixed on them.
(2) On receiving the samples of such goods, the District Forum shall seal it and fix labels on the container carrying following information-
(i) Name and address of the appropriate laboratory to which sample will be sent for analysis and test;
(ii) Name and address of the District Forum ;
(iii) Case No. ;
(iv) Seal of the District Forum.
(3) The sample will be sent to the laboratory, name(s) of which will be notified by the State Government from time to time, by the District Forum for sending report within 45 days or within such extended time as may be granted by the District Forum after specifying the nature of the defect alleged and date of submission of the report.