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1.34 Uttar Pradesh Consumer In exercise of the
powers under sub-section (2) of section 30 of the Consumer Protection Act,
1986 (Act of 68 of 1986) the Governor is pleased to make the following Rules,
namely :— Short title and
commencement. 1. (1) These rules may
be called the Uttar Pradesh Consumer Protection Rules, (2) They shall come
into force on the date of their publication in the Official Gazette. Definitions. 2. In these rules,
unless the context otherwise requires: (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 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 or 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” includes union territories. 2[Constitution of the State
Council Section 7(2). 2A. (1)
The State Council established in Government Notification No. C.P. |
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1. Notification
No. CP-72/XXIX-10-CP(8)-87, dated 31-8-1987. 2. Inserted by the Uttar Pradesh Consumer
Protection (Third Amdt.) Rules, 1998, w.e.f. |
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(i) Official
members:— (a) The Minister Incharge of Food and Civil
Supplies Department,
Uttar Pradesh Chairman (b) Principal Secretary or Secretary, as the
case may be, to the State Government in Food and Civil Supplies Department Member (c) Principal Secretary or Secretary, as the
case may be, to the State Government in Industries Depart- ment Member (d) Principal Secretary or Secretary, as the
case may be, to the State Government in Medical and Health Department Member (e) Principal Secretary or Secretary, as the
case may be, to the State Government in Agriculture Department Member (f) Commissioner, Food and Civil Supplies
Depart- ment Member (g) Principal Secretary or Secretary, as the
case may be, to the State Government in Transport Depart- ment Member (h) Principal Secretary, Judicial and Legal Remembrancer to the State Government Member (i) General Manager, Telecommunication Member (j) Director General, Consumer Protection,
Uttar Pradesh Member (k) Principal Secretary or Secretary, as the
case may be, to the State Government in Avas Vibhag Member (l) Director of Information, Uttar Pradesh Member (m) Drug Controller, Uttar Pradesh Member (n) Managing
Director, Uttar Pradesh Food and Essential Commodities Corporation, Uttar
Pradesh Member (o) Managing Director, Provincial Coorperative
Fede- ration,
Uttar Pradesh Member (p) Principal Secretary or Secretary as the
case may be, to the State Government in Institutional Finance Department Member (q) Managing Director, Rajya Mandi Parishad,
Uttar Pradesh Member (r) Executive Director, Uttar Pradesh Employees
Welfare Corporation Member (s) Regional Officer, Indian Standard
Organisation, Uttar Pradesh Member |
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(t) State
Co-ordinator, Indian Oil Corporation, Uttar Pradesh Member (u) Principal Secretary or Secretary, as the
case may be, to the State Government in Nagar Vikas Vibhag, Uttar Pradesh Member (v) Secretary, Uttar Pradesh State Electricity
Board, Lucknow Member (w) Divisional Manager, Northern Railway, Lucknow Member (x) Anchalik Prabandhak Life Insurance
Corporation Member (y) Secretary, Co-operative Department, Uttar Pradesh Shasan Member (ii) Non-Official Members (a) Member, Legislative Assembly nominated by
the Five State Government with the approval of the members Speaker (b) Member, Legislative Council nominated
by the Three State Government with the approval
of the members Chairman (c) The representatives of voluntary
organisations/ Eight
agencies, representing the Consumer interests members nominated
by the State Government (d) Representatives of Farmers/Services undertak- Eight
ings/Manufacturers/Retailers
and Major Trade members Organisations such as Avadh Chamber of Commerces, Udyog Vyapar Mandal, Punjab-Haryana Chamber of Commerce etc. (e) Noted persons working in the
field of Consu- Sixteen
mer protection or in
public interest in the impor- members tant areas of Society
nominated by State Government (2) (A) The members of
the Legislative Council and Legislative Assembly shall hold office till they
are members of the Legislative Council or the Legislative Assembly, as the
case may be, and the rest of the non-official members shall hold office for a
period of three years from the date of their nomination. Procedure of the
State Council [Section 7(4)]. 2B. State
Council shall observe the following procedure in regard to the (a) The meeting of the State Council shall be
presided over by the chairman. In the absence of the chairman the State
Council shall select a member to preside over the meeting of the Council. (b) Each meeting of the State Council shall be
called by giving, not less than ten days from the date of issue, notice in writing
to every member. |
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(c) Every
notice of a meeting of the State Council shall specify the place and the day
and hour of the meeting and shall contain statement of business to be
transacted in the meeting. (d) No proceedings of the State Council shall
be invalid merely by reasons of existense of any vacancy or any defect in the
Constitution of the Council. (e) For the purpose of performing its functions
under the Act, the State Council may constitute from amongst its members,
such working groups as it may deem necessary and every working group, so
constituted shall perform such functions as are assigned to it by the State
Council. The findings of such working groups shall be placed before the State
Council for its consideration. (f) The non-official member shall be entitled
to first class railway fare for attending a meeting and for return journey
and a daily allowance of one hundred rupees per day for attending a meeting
of the State Council or any working group members of Legislative
Assembly/Legislative Council shall be entitled to travelling and daily
allowances at such rates as are admissible to such members. (g) The resolutions passed by the State Council
shall be recommendatory in nature.] Salaries and other
allowances and terms and conditions of the President and Member of the
District Forum [Section 10(3)]. 3. (1)
1[(a) The President of the
District Forum shall receive the salary of the 2[(b) The President of the
District Forum shall receive House Rent Allowance of Rs. 800 per month if
appointed on whole time basis and no Government accommodation is provided to
him. (c) A member of
the District Forum shall get House Rent Allowance of Rs. 600 per month if no
Government accommodation is provided to him.] (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 allowances 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
take 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 a
member. |
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1. Substituted
by the Uttar Pradesh Consumer Protection (Fourth Amdt.) Rules, 1998, w.e.f.
2-2-1999. 2. Substituted by the Uttar Pradesh Consumer
Protection (Second Amendment) Rules, 1998, w.e.f. 20-6-1998. |
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1[(5) In addition to provisions of
section 10(2), 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 it 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, or (f) does not pass judgment or order possible
under Act, and in conformity with the earlier judgment and the act and does
not display absolute, integrity good conduct and dutifulness. (g) is guilty of an explained absence upto 7
days without permissions : Provided that the President or member
shall not be removed from his office on the ground specified in clauses (b)
and (c) of this sub-rules except on an inquiry held by State
Government in accordance with such procedure as it may specify in this behalf
and the member is found 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 the
District Forum. (8) When 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 appointment) Member
of the District Forum shall discharge the functions of the President until
the day on which the President resumes the charge of his functions. (9) The President or
any Member ceasing to hold office as such shall not hold any appointment in
or be connected with the management or administration of an organisation
which have been the subject of any proceeding under the Act during his tenure
for a period of 5 years from the date on which he cease to hold such office. Place of sitting
and other matters relating to District Forum [Section 14(3)]. 4. (1)
The Office of the District Forum shall be located at the headquarter of |
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1. Substituted
by the Uttar Pradesh Consumer Protection (Fifth Amdt.) Rules, 1999, w.e.f. |
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(2) The
working days and the office hours of the District Forum shall be the same as
that of the State Government. (3) The official seal
and emblem of the District Forum shall be as the State Government 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 reasons 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 appeal 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 any 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 when
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. Procedure to be
adopted by the District Forum for analysis and testing of goods [Section
13(1)(c)]. 5. (1)
Under section 13(1)(c), if considered necessary, the District Forum
may (2) On receiving the
samples of such goods, the District Forum shall seal it and fix labels on the
containers carrying following information:— (i) name and address of the appropriate
laboratory to whom sample will be sent, for analysis and test; (ii) name and address of the District Forum; |
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(iii) case
number; (iv) seal of the District Forum. (3) The sample will be
sent to the appropriate laboratory 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. Salary and other
allowances and terms and conditions of the President and Members of the State
Commission [Section 16(2)]. 6. (1)
1[(a) The President of the
State Commission shall receive the salary of 1a[(b) The President and the
Members of the State Commission shall be entitled to rent free Government
accommodation. If no such accommodation is provided to the President or
Member of the State Commission he shall get house rent allowance of Rs. 1,500
per month.] (2) The President and
the Members of the State Commission shall be eligible for such travelling
allowance and daily allowance on official tour as are admissible to Grade I
Officer of the State Government. (3) The salary,
honorarium, other allowances shall be defrayed out of the Consolidated Fund
of the State Government. 2[(4) (a) The President of
the State Commission shall hold office for a term of five years or upto the
age of 70 years whichever is earlier and shall not be eligible renomination3; (b) The Member
of the State Commission shall hold office for a term of five years or upto
the age of 65 years whichever is earlier and shall not be eligible for
renomination3 : Provided that President and Members may:— (a) by writing under his hand and addressed to
the State Government resign his office any time; and (b) be removed from his office in accordance
with provisions of sub-rule (5).] (5) The State
Government may remove from Office, President or a Member of the State
Commission who,— (a) has been adjudged as insolvent; or |
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1. Substituted
by the Uttar Pradesh Consumer Protection (Fourth Amdt.) Rules, 1998, w.e.f.
2-2-1999. 1a. Substituted by the Uttar Pradesh Consumer
Protection (Second Amdt.) Rules, 1998, w.e.f. 20-6-1998. 2. Substituted by the Uttar Pradesh Consumer
Protection (First Amendment) Rules, 1988, w.e.f. 30-11-1988. 3. This has become redundant in view of newly
inserted sub-section (3) in section 16 by the Consumer Protection (Amendment)
Act, 1993, w.e.f. 18-6-1993. |
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(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; (d) has acquired such financial or other
interest as is likely to affect prejudicially his functions as a member; or (e) has so abused his position as to render his
continuance in office prejudicially his functions as a member, or 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) Before
appointment, the President and Members of the State Commission shall have to
take 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 such
member. (7) The terms and
conditions of the service of the President and the Members of the State Commission
shall not be varied to their disadvantage during their tenure of office. (8) Every vacancy
caused by resignation and removal of the President or any other Member of the
State Commission under sub-rule (4) or otherwise shall be filled by fresh appointment. (9) Where any such
vacancy occurs in the office of the President of the State Commission, the
seniormost (in order of appointment) member 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 the
State Commission. (10) When the
President of the State Commission is unable to discharge the functions owing
to absence, illness or any other cause, the senior-most (in order of
appointment) Member of the State Commission shall discharge the functions of
President until the day on which the President resumes the charge of his functions. (11) The President or
any Member ceasing to hold office as such shall not hold any appointment in
or be connected with the management or administration of an organisation
which have 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. Place of sitting
and other matters relating to State Commission [Section 14(3) read with
section 18]. 7. (1)
Office of the State Commission shall be located at the capital of the (2) The working days
and the office hours of the State Commission shall be same as that of the
State Government. (3) The official seal
and emblem of the State Commission shall be such as the State Government may
specify. |
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(4)
Sitting of the State Commission, as and when necessary, shall be convened by
the President. (5) No act or
proceedings of the State Commission shall be invalid by reason only of the
existence of any vacancy among its members or any defect in its constitution
thereof. (6) The Government
shall appoint such staff, as may be necessary to assist the State Commission
in its 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 State Commission
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. State Commission fixes a date for
hearing of the parties. It shall be obligatory on the complainant and
opposite party or his authorised agents to appear before the State Commission
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 State Commission on such day, the State Commission may in its
discretion either dismiss the complaint for default or decide it on merits
where the opposite party or its authorised agent fails to appear on the day
of hearing, the State Commission may decide the complaint ex parte. (9) While proceeding
under sub-rule (8), the State Commission may on such terms as it may, think
fit and at any 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
State Commission shall be signed and dated by the members of the State
Commission constituting the Bench and shall be communicated to the parties
free of charge. Procedure for
hearing appeal [Section 15] 8. (1)
Memorandum shall be presented by the appellant or his authorised (2) Every memorandum
filed under sub-rule (1) shall be in legible handwriting preferably typed and
shall set forth concisely under distinct heads, the grounds of appeal without
any argument or narrative and such grounds be numbered consecutively. (3) Each memorandum
shall be accompanied by the certified copy of the order of the District Forum
appealed against and such of the documents as may be required to support
grounds of objection mentioned in the memorandum. (4) When the appeal is presented after the expiry of the
period of limitation as specified in the Act, the memorandum shall be
accompanied by an application supported by an affidavit setting forth the
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satisfy
the State Commission that he has sufficient cause for not preferring the
appeal within the period of limitation. (5) The appellant
shall submit four copies of the memorandum to the State Commission for
official purpose. (6) On the date of
hearing or any other day to which hearing may be adjourned, it shall be
obligatory for the parties or their authorised agents to appear before the
State Commission. If appellant or his authorised agent fails to appear on
such date, the State Commission may, in its discretion either dismiss the
appeal or decide it on the merit of the case. If respondent or his authorised
agent fails to appear on such date, the State Commission shall proceed ex
parte and shall decide the appeal ex parte on the merits of the
case. (7) The appellant
shall not, except by leave of the State Commission, urge or be heard in support
of any ground of objection not set forth in the memorandum but the State
Commission, in deciding the appeal, shall not confine to the grounds of
objection set forth in the memorandum or taken by leave of the State
Commission under this rule: Provided that the Commission shall not
rest its decision on any other grounds unless the party who may be affected
thereby, has been given, at least one opportunity of being heard by the State
Commission. (8) The State
Commission may, on such terms as it may think fit and at any stage, adjourn
the hearing of the appeal, but not more than one adjournment shall ordinarily
be given and the appeal should be decided within 90 days from the first date
of hearing. (9) Order of the State
Commission on appeal shall be signed and dated by the Members of the State
Commission constituting the Bench and shall be communicated to the parties
free of charge. 1[9. (1) (a) On complaint
received against the full time President, member of (b) On
complaint received against such Part time President who are working District
Judge or Additional District Judge inquiry shall be held by the High Court. (c) The
complaints received against the President of the State Commission shall be
inquired into by any retired Chief Justice of any High Court nominated by the
State Government. (2) On being found
guilty on the basis of the findings of the aforesaid inquiry the State
Government may remove the President or member of the District Forum and the
State Commission from their office on grounds specified in sub-rule (5) of
rule 3 and sub-rule (5) of rule 6 as the case may be of the said Rules.] |
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1. Inserted
by the Uttar Pradesh Consumer Protection (Fifth Amdt.) Rules, 1999, w.e.f. |
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