The
principal rules were published in the Gazette of India vide number
GSR 398(E) dated 15th April, 1987 and subsequently amended vide; 1. GSR 533(E)
dated 14.8.1991, 2. GSR 800(E) dated 30.12.1993, 3. GSR 522(E) dated 22.6.1994 , 4. GSR 605(E) dated 30.8.1995, 5. GSR 759(E)
dated 21.11.1995, 6. GSR 95(E) dated 27.2.1997, 7. GSR 88(E) dated
24.2.1998, 8. GSR 175(E) dated 5.3.2004. 9. GSR 50(E) dated 1.2.2005, 10. GSR
64(E) dated 10.2.2005, 11. GSR 67(E) dated 11.2.2005, 12. GSR 273(E) dated
5.5.2006, 13. GSR 462(E) dated 4.8.2006 and 14. GSR 637(E) dated 13.10.2006.
THE CONSUMER PROTECTION RULES 1987
(Amended up to 13.10.2006)
In exercise of the powers conferred by sub-section (1) of section 30 of the Consumer Protection Act, 1986 (68 of l986), the Central Government hereby makes the following rules, namely:
1. Short
title, extent and commencement. - (1) These rules may be called the Consumer Protection (Second
Amendment) Rules, 2006.
(2)
They shall come into force on the date
of their publication in the Official Gazette.
2. Definitions.
- ln these rules, unless the context otherwise
requires--
(a) "Act' means
the Consumer Protection Act l986 (68 of 1986);
(b) "agent” means
a person duly authorised by a party to present any
complaint, appeal or reply on its behalf before the National Commission;
(c) "appellant” means a party which makes an appeal against the
order of the State Commission;
(d) "chairman" means a chairman of the Central Consumer
Protection Council established under sub-section (1 ) of the section 4 of the
Act;
(e) "memorandum" means any memorandum of appeal filed by the
appellant;
(f) "opposite party" means a person who answers complaint or
claim;
(g) "president” means the President of the National Commission;
(h) “respondent” means the person who answers any memorandum of
appeal;
(i) “section" means section of the Act;
(j) “state” includes Union territories also;
(k) words
and expressions used in the rules and not defined but defined in the Act shall
have the meanings respectively assigned to them in the Act.
2A. State
Governments to recognize a laboratory as an appropriate Laboratory. - (1) For the purpose of obtaining recognition as an
appropriate laboratory, the applicant shall send application, in triplicate, in
the proforma prescribed by the Bureau of Indian
Standards with the relevant details to the Department concerned with the
consumer protection work in the State Government.
(2)
The State Government on receiving the
application from the applicant, shall forward its two copies to the Bureau of
Indian Standards to assess the suitability of the laboratory from the standards
prescribed by them (Bureau of Indian Standards). The fee charged by the Bureau
of Indian Standards, for this purpose, shall be paid by the applicant.
(3)
The State Government on receiving the
recommendations and approval of the Bureau of Indian Standards,
shall notify that laboratory as an “appropriate laboratory" for the
purpose of Consumer Protection Act, 1986 for a period of three years.
3. The
Constitution of the Central Consumer Protection Council and the Working Groups.
- (1) The Central Government
shall, by notification in the Official Gazette constitute the Central Consumer
Protection Council (herein after referred to as the Central Council)
which shall consist of the following members, not exceeding 35, namely:—
(a) the
Minister in-charge of Consumer Affairs in the Central Government who shall be
the Chairman of the Central Council;
(b)
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-Chairman of the Central Council;
(c) 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 Council on each occasion;
(ca) an administrator
(whether designated as administrator or Lieutenant Governor), of a Union
Territory, to represent a Union Territory, as mentioned in Schedule II, to be
changed by rotation on expiration of the term of the Council on each occasion;
(d) two Members of
Parliament — one from the Lok Sabha
and one from the Rajya Sabha;
(f) representatives of the Central Government Departments and
autonomous orginisations concerned with consumer
interests—not exceeding five;
(f(a)The Registrar, National
Consumer Disputes Redressal Commission, New Delhi.
(g)
representatives of the Consumer Organisations from amongst the Indian members of the
International Organisation, namely, Consumer
International – not exceeding six, to be nominated by the Central Government;
(ga) representatives
with proven expertise and experience who are capable of representing consumer
interests, drawn from amongst consumer organizations, consumer activists,
women, farmers trade and industry – not exceeding five, one from each of the
regions specified in Schedule annexed to these rules;
(j)
the Secretary in-charge of Consumer
Affairs in the State to be nominated by the Central Government – not exceeding three;
(k)
the Secretary in-charge of Consumer Affairs in the Central
Government shall be the member – secretary of the Central Council.
(2) The term of the
Council shall be three years.
(3) Any member may, by
writing under his hand to the Chairman of the Central Council, resign from the
Council. The vacancies, so caused or otherwise, shall
be filled from the same category by the Central Government and such person
shall hold office so long as the member whose place he fills would have been
entitled to hold office, if the vacancy had not occurred.
4. Procedure
of the Central Council.—Under sub-section
(2) of section 5, the Central Council shall observe the following procedure in
regard to the transaction of its business,—
(1) The
meeting of the Central Council shall be presided over by the Chairman. In the
absence of the Chairman, the Vice-Chairman shall preside over the meeting of
the Central Council. In the absence of the Chairman and the Vice-Chairman, the
Central Council shall elect a member to preside over that meeting of the
Council.
(2) Each
meeting of the Central Council shall be called by giving, not less than ten
days from the date of issue, notice in writing to every member.
(3) Every
notice of a meeting of the Central Council shall specify the place and the day
and hour of the meeting and shall contain statement of business to be
transacted thereat.
(4)
No
proceedings of the Central Council shall be invalid merely by reasons of
existence of any vacancy in or any defect in the constitution of the Council.
(5)
For
the purpose of performing its functions under the Act, the Central 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 Central Council. The findings of such working
groups shall be placed before the Central Council for its consideration.
(6)
In
connection with the journey undertaken to and fro by the non-official members
for attending the meeting of the Central Consumer Protection Council or its
working group, they shall be entitled to avail first class or two-tier air-
conditioned class of railway accommodation by all trains (including Rajdhani Express) and claim such fare or cost of
actual mode of travel, whichever is less. The non-official members from
Island territories shall be entitled to, to and fro
air journey (economy class) in domestic airlines from the Islands to the
nearest main-land airport and thereafter rail fare by entitled class. The
non-official members who are senior citizens shall be entitled to, to and fro
air-journey (economy class) in domestic airlines on availing senior citizen
concessional air fare for their journeys provided the distance being travelled
is 1000 kms or above. The non-official members shall
be entitled to a sum of Rs.1000 per day as incidental charges to cover the
expenditure towards their daily allowance, lodging, local conveyance from
residence to the station/airport and from station/airport to the venue of
meeting and vice-versa. Every claim made under this sub-rule shall be subject
to certifying that the member will not claim any benefit from any other Central
Government Ministry, Department or Organization during his visit for attending
the meeting of the Central Consumer Protection Councilor any of its Working
Group. Local non-official members residing at the place of the venue of the
meeting, shall be paid consolidated conveyance, hire charges and incidental
charges to cover the daily allowances, to the tune of Rs.200 per diem irrespective
of the classification of the city'. Members of Parliament attending meetings of
the Councilor its Working Group shall be entitled to travelling and daily
allowances at such rates as are admissible to such members".
(7)
The
resolution passed by the Central Council shall be recommendatory in nature.
5. Place of
the National Commission.—The office of the National Commission shall be located in
the Union Territory of Delhi.
6. Working
days and office hours of the National Commission.—The working days and office hours of the National
Commission shall be the same as that of the Central Government.
7. Seal and
emblem.—The official
seal and emblem of the National Commission shall be such as the Central
Government may specify.
8. Sitting of
the National Commission.—The sitting of the National Commission as and when
necessary, shall be convened by the President.
9. Staff of
the National Commission.—The Central
Government shall appoint such staff as may be necessary to assist the National
Commission in its day to day work and to perform such other functions as are
provided under the Act and these rules or assigned to it by the President. The
salary payable to such staff shall be defrayed out of the Consolidated Fund of
India.
9A. Fee for making
complaints before District Forum - (1)
Every complaint filed under sub-section (1) of section 12, sub-section (1) of
section 17 and clause (a) in sub-clause (i) of
section 21 of the Act shall be accompanied by a fee as specified in the table
given below in the form of crossed Demand Draft drawn on a nationalised
bank or through a crossed Indian Postal Order drawn in favour
of the Registrar of the State Commission and payable at the respective place
where the State Commission or the National Commission is situated.
(2) The concerned
authority referred to in sub-rule (1) shall credit the amount of fee received
by it into the Consumer Welfare Fund of the respective State and where such
fund is not established into the Receipt Account of the State Government and in
the case of the National Commission, to the Consumer Welfare Fund of the
Central Government.
TABLE
|
Sl. No. |
Total Value of goods or services and the compensation
claimed |
Amount of fee payable |
|
(1) |
(2) |
(3) |
|
|
District Forum
|
|
|
(1) |
Upto one
lakh rupees – For complainants who are under the Below Poverty Line holding Antyodaya Anna Yojana Cards |
Nil |
|
(2) |
Upto one
lakh rupees – For complainants other than Antyodaya
Anna Yojana card holders. |
Rs.100 |
|
(3) |
Above
one lakh and upto five lakh rupees |
Rs.200 |
|
(4) |
Above
five lakh and upto ten lakh rupees |
Rs.400 |
|
(5) |
Above
ten lakh and upto twenty lakh rupees |
Rs.500 |
|
|
State Commission
|
|
|
(6) |
Above
twenty lakh and upto fifty lakh rupees |
Rs.2000 |
|
(7) |
Above
fifty lakh and upto one crore
rupees |
Rs.4000 |
|
|
National Commission
|
|
|
(8) |
Above
one crore rupees |
Rs.5000 |
TABLE
|
Sl. No. |
Value of goods or
services and
the compensation claimed |
Amount of fee payable |
|
(1) |
(2) |
(3) |
|
|
District Forum
|
|
|
(1) |
(1) Upto one lakh rupees |
Rs.100 |
|
(2) |
One
lakh rupees and above but less than five lakh rupees |
Rs.200 |
|
(3) |
Five
lakh rupees and above but less than Rs.10 lakh |
Rs.400 |
|
(4) |
Ten lakh
rupees and above but not exceeding twenty lakh rupees |
Rs.500 |
(3) The
complainants who are under the Below Poverty Line shall be entitled for the
exemption of payment of fee only on production of an attested copy of the Antyodaya Anna Yojana cards.
10. Additional
powers of the National Commission, State Commission and District Forum. - (1) The National Commission, the State Commission and the
District Forum shall have power to require any person,—
(a) to produce before,
and allow to be examined and kept by an officer of the National Commission, the
State Commission or the District Forum, as the case may be, specified in this
behalf, such books, accounts, documents or commodities in the custody or under
the control of the person so required as may be specified or described in the
requisition, if the examination of such books, accounts, documents or
commodities are required for the purpose of this Act;
(b) to
furnish to an officer so specified, such information as may be required for the
purpose of this Act.
(2)(a) Where during
any proceedings under this Act, the National Commission, the State Commission
or the District Forum, as the case may be, has any ground to believe that any book,
paper, commodity or document which may be required to be produced in such
proceedings, are being or may be, destroyed, mutilated, altered, falsified or
secreted, it may, by written order, authorise any
officer to exercise the power of entry and search of any premises. Such authorised officer may also seize such books, papers,
documents or commodities as are required for the purpose of this Act:
Provided that such seizure shall be communicated to the
National Commission, the State Commission or the District Forum, as the case
may be, as soon as it is made or within a period not exceeding 72 hours of
making such seizure after specifying the reasons in writing for making such
seizure.
(b) The National
Commission, the State Commission or the District Forum, as the case may be, on
examination of such seized documents or commodities, as the case may be, may
order the retention thereof or may return it to the party concerned.
10A. Credit of the fine into the Consumer
Welfare Fund when consumers are not identified conveniently.
(1) Where an order is
passed by the National Commission in exercise of the powers vested under clause
(hb) of sub-section (1) of section 14 directing the
opposite party to pay such amount as determined by it on account of loss or
injury suffered due to defects in goods complained ~gains~ or alleged
deficiency of service to a large number of consumers, who are not identifiable
conveniently;
Such sum shall be credited by the National Commission in the
Consumer Welfare Fund established by the Central Government under section 12
(C) of the Central Excise Act, '1944 (1 of 1944).
(2) Any amount
credited to the said Fund shall be utilized in accordance with the provisions
of the Consumer Welfare Fund Rules, 1992.
10B. Number of
Members in the National Commission: - The
National Commission shall consist of not less than four members and not more
than eleven members and at least one of them shall be a woman.
11. Salaries,
honorarium and other allowances of the President and Members of the National
Commission—(1) The President of the National
Commission shall be entitled to salary, allowances and other perquisites as are
available to a sitting Judge of the Supreme Court.
(1A) The other members of the National Commission appointed
on whole time basis shall be entitled to the following honorarium and other
allowances with effect from the 1st day of April, 2006, namely :-
(a)
the members shall be paid twenty-three
thousand rupees per month by way of honorarium:
Provided that the members, who are retired Judges of High
Courts or retired Secretaries to the Government of India shall have the option
to either receive consolidated honorarium of twenty-three thousand rupees per
month or receive remuneration of last pay drawn less pension;
(b)
a woman who has not held an office of
profit earlier, on appointment as a member shall be entitled to a pay in the
scale of Rs.24050-26000 per month along with other benefits;
(c)
the members shall be provided with
Government accommodation or receive house rent allowance of twenty five
thousand rupees per month in lieu thereof;
(d)
the members shall be paid conveyance
allowance at the rate of ten thousand rupees per month, if no chauffeur driven
government vehicle is provided in which event one hundred fifty liters of
petrol shall be supplied or the price thereof shall be paid;
[Explanation.- For
the purpose of this clause, if the members are not provided with chauffeur
driven government vehicle or if the members do not opt for hired vehicle in
lieu of conveyance allowance, the members shall be paid conveyance allowance
per month at the rate of ten thousand rupees and the cost of one hundred fifty
liters of petrol.]
(e)
the members shall be entitled to
telephone facility with the maximum amount of two thousand eight hundred rupees
per month reimbursable, including mobile phone and broadband facility at
residence;
(f)
the members shall be entitled to :-
(i) twenty days’ half pay leave;
(ii) earned leave in proportion in a year in lieu of the number
of days of vacation not taken;
(iii)
eight days’ casual leave;
(iv) leave travel concession equivalent to the entitlements of a
Secretary to the Government of India to one’s home town or any place in India
in a block of four years;
(v) no
leave encashment on leave travel concession.
(2) The members shall be entitled to traveling and
daily allowances on official tours equivalent to the entitlements of Group ‘A’
Officers of the Central Government, including the following :-
(i)
Within
the country – Business / Club class by Air / AC 1st Class by train.
(ii)
International
– First Class, except for the member in the pay scale of Rs.75,800-80,000 in whose case business class travel will apply.
(3) The honorarium or
the salary, as the case may be, and other allowances shall be defrayed out of
the Consolidated Fund of India.
12. Terms and
conditions of service of the President and members of the National
Commission.--(1) Before appointment, the
President and a member of the National Commission shall have to take an
undertaking that he does not and will not have any such financial or other
interest as is likely to affect prejudicially his functions as such member.
(3) Notwithstanding anything contained in sub-rule (2) the
President or a member may.—
(a) by
writing under his hand and addressed to the Central Government resign his
office at any time but his office shall become vacant only when such
resignation is accepted by the Central Government,
(b) be
removed from his office in accordance with the provisions of rule 13.
(4) The terms and conditions
of service of the President and the members shall not be varied to their
disadvantage during their tenure of office.
(5) A casual vacancy
caused by resignation or removal of the President or any other member of the
National Commission under sub-rule (3) or otherwise shall be filled by fresh
appointment.
(6) when
the office of the President of the National Commission is vacant or a person
occupying such office is by reason of absence or otherwise, unable to perform
the duties of his office, the same shall, save as otherwise provided in the
proviso to section 22 D be performed by the senior most member of the National
Commission.
(7) The President or
any member ceasing to hold office as such shall not hold any appointment in or
be connected with the management or administrations 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.
12A. Procedure
for selection of members. - (1) Save as otherwise provided in sub-rule (2), the
process of appointment of a member shall be initiated at least three months
before the vacancy arises.
(2) If a post falls
vacant due to resignation or death of a member or creation of a new post, the
process for filling the post shall be initiated immediately after the post has
fallen vacant or its created, as the case may be.
(3) An advertisement of a vacancy inviting applications from
eligible candidates may be published in leading newspapers in India or by vacancy
circulars or both, as may be decided by the Central Government.
(4) After scrutiny of
the applications received till the last date specified for receipt of
applications, a list of eligible candidates alongwith
their applications shall be placed before the Selection Committee constituted
under the third proviso to sub-section (1) of section 20.
(5) The Selection Committee shall consider all the
applications of eligible applicants referred to it.
(6) The Selection
Committee shall, subject to the provisions of sub-rule (6A), assess the
suitability of the candidates for the post of Member.
Provided
that the Selection Committee may, if it considers necessary, depending on the
number of candidates, short list them on the basis of comparative merit and
experience of such candidates for selection.
(6A) The Selection Committee shall assess the suitability of
the candidates and where short listing is done, from among the short-listed
candidates, for the post of Member in the Following manner, namely:-
(a)
in the case of candidates having
judicial background, by assessing them on the basis of the judgments and other
judicial orders passed by such candidates;
(b)
in the case of candidates having
experience of working under the Central Government or any State Government or
an undertaking under the Central Government or a State Government, by assessing
such candidates on the basis of their Annual Confidential Reports and their
experience relevant to the post applied for;
(c)
in other cases, the suitability of the
short listed candidates shall be assessed by the Selection Committee on the
basis of personal interview conducted by it:
Provided that notwithstanding anything contained in this
sub-rule, the Selection Committee may, for assessing the suitability of a class
or category of candidates, if it considers necessary, call such class or
category of candidates for interview for assessing their suitability for the
post of Member.
(7) The Selection
Committee may, on the basis of its assessment made by it, recommend a panel of
names of candidates for appointment as members from amongst the applicants
referred to in sub-rule (5) in order of merit for the consideration of the
Central Government.
(8) The Central
Government shall, before seeking approval of the Appointments Committee of the
Cabinet, verify or cause to be verified the credentials and antecedents of the
candidates selected by the Central Government from the panel recommended by the
Selection Committee and satisfy the suitability of such candidates for
appointment as members.
(9) Every appointment
of a member shall be subject to his medical fitness.
13. Removal of
President or members from office in certain circumstances. - (1) The Central Government may remove from office, the
President or any member, who,—
(a) has
been adjudged as an insolvent; or
(b) has
been convicted of an offence which, in the opinion of the Central Government,
involves moral turpitude; or
(c) has
become physically or mentally incapable of acting as the President or the
member; or
(d) has
acquired such financial or other interest as is likely to affect prejudicially
his functions as the President or a member; or
(e) has
so abused his position as to render his continuance in office prejudicial to
the public interest ;or
(f) remain absent in three consecutive sittings except for
reasons beyond his control.
(2) Notwithstanding
anything contained in sub rule (1), the President or any member of the National
Commission shall not be removed from his office except by an order made by
the Central Government on the grounds specified in clauses (d), (e) and (f) of
that sub-rule and after an inquiry held by a sitting Judge of the Supreme Court
nominated by the Chief Justice of India in which the President or member of the
National Commission, as the case may be, has been informed of the charges
against him and given a reasonable opportunity of being heard in respect of
those charges and found guilty.
14. Procedure to
be followed by the National Commission.—(1) A
complaint containing the following particulars shall be presented by the
complainant in person or by his agent to the National Commission or be sent by registered post, addressed to the National
Commission:
(a) the
name, description and the address of the complainant;
(b) the
name, description and address of the opposite party or parties, as the case may
be, so far as they can be ascertained;
(c) the
facts relating to the complaint and when and where it arose;
(d) documents
in support of the allegations contained in the complaint;
(e) the
relief which the complainant claims.
(1A) Every complaint under sub-rule (1) shall be accompanied by
the relevant fee as is specified in rule 9A.
(1B) Every complaint under sub-rule (1) shall be filed in
quadruplicate or with such number of copies as may be required by the National
Commission.
(2) The National
Commission shall, in disposal of any complaint before it, as far as possible,
follow the procedure and conditions including the provisions governing
adjournments as laid down in sections 12 and 13 in relation to the complaints
received by the District Forum, with such modification as may be considered
necessary by the Commission.
(3) On the date of
hearing or any other date to which hearing could be adjourned, it shall be
obligatory on the parties or their agents to appear before the National
Commission. Where the complainant or his agent fails to appear before the
National Commission on such days, the National Commission may in its discretion
either dismiss the complaint for default or decide it on merits
. Where the opposite party or its agent fails to appear on the date of
hearing the National Commission may decide the complaint ex-parte.
(4) The National
Commission may, on such terms as it deems fit and at any stage of the
proceedings, adjourn the hearing of the complaint but the complaint shall be
decided as far as possible within a period of three months from the date of
notice received by opposite party where complaint does not require analysis or
testing of commodities and within five months if it requires analysis or
testing of commodities.
(4A) In the event of a complaint being disposed of after the
period specified in sub-rule (4), the National Commission shall record in
writing, the reasons for the delay in such disposal.
(5) If after the
proceedings conducted under sub-rule (3), the National Commission is satisfied
with the allegations contained in the complaint, it shall issue orders to the
opposite party or parties, as the case may be, directing him or them to take
one or more of the things as mentioned in sub-section (1) of section 14. The
National Commission shall also have the power to direct that any order passed
by it, where no appeal has been preferred under section 23 or where the order
of the National Commission has been affirmed by the Supreme Court under that
section, be published in the Official Gazette or through any other media and no
legal proceedings shall lie against the National Commission or any media for
such publication.
14A. Appeals
before National Commission.- Every appeal filed in terms of section 19 shall be
accompanied by such amount as specified in the second proviso to the said
section and such amount may be remitted in the form of a crossed Demand
Draft drawn on a nationalized bank in favour of the
Registrar, National Commission, payable at Delhi. The National Commission
dealing with the appeals filed before them shall follow the provisions of
section 19 and 19A as may be required to hear the appeals filed
before the Commission.
Explanation.- In
this rule, "nationalized bank" means a corresponding new bank
specified in the First Schedule to the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1970 (5 of 1970) or a corresponding new bank
specified in the First Schedule to the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1980 (40 of 1980).
15. Procedure
for hearing the appeal.-- (1) Memorandum shall be presented by the appellant or his
agent to the National Commission in person or be sent by registered post addressed to the
Commission.
(2) Every
memorandum filed under sub-rule (I) 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 shall be numbered
consecutively.
(3) Each
memorandum shall be accompanied by a crossed demand draft as referred to in
rule 14A and by a certified copy of the order of
the State Commission 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 facts on which the appellant relies
to satisfy the National Commission that he has sufficient cause for not
preferring the appeal within the period of limitation.
(5) The
appellant shall submit four
copies or such number of copies of the memorandum to the Commission for official
purpose.
(6) On
the date of hearing or on any other day to which hearing may be adjourned, it
shall be obligatory for the parties or their agents to appear before the
National Commission . If appellant or his agent fails
to appear on such date, the National Commission may in its discretion either
dismiss the appeal or decide ex-parte on merits. If the respondent or
his agent fails to appear on such date, the National Commission shall proceed ex-parte and shall decide the appeal on
merits of the case.
(7) The
appellant shall not, except by leave of the National Commission, urge or be
heard in support of any ground of objection not set forth in the memorandum but
the National Commission, in deciding the appeal, may not confine to the grounds
of objection set forth in the memorandum:
Provided that
the Commission shall not rest its decision on any other ground other than those
specified in the memorandum unless the party who may be affected thereby, has
been given, an opportunity of being heard by the National Commission.
(8) No adjournment
shall ordinarily be granted by the National Commission, unless sufficient cause
is shown and the reasons for grant of adjournment have been recorded in writing
by the Commission. The National Commission may also adjourn the hearing of the
appeal suo motu, on such
terms as it may think fit and at any stage of the proceedings for reasons to be
recorded in writing. The appeal shall be decided, as far as possible, within
ninety days from the date of its admission. In the event of an appeal being
disposed of after the period so specified, the National Commission shall record
in writing the reasons of the same at the time of disposal of the said appeal.
(9) The order of the
National Commission shall be communicated to the parties concerned free of
cost.
15A. Sitting of the National Commission and
signing of orders.
- (1) Every proceeding of the
National Commission shall be conducted by the President or the senior most
member authorised and at least two members thereof
sitting together except when a bench is constituted by the President of the
National Commission with one or more members as he may deem fit.
Provided that where the member or members for any reason are
unable to conduct the proceeding till it is completed, the President or the senior
most member, as provided in section 22D of the Act,
shall conduct such proceedings from the state at which it was last heard by the
previous member.
(2) Every order made
by the National Commission shall be signed by the President or the senior most member as provided in section 22D and at least two members
who conducted the proceeding and if there is any difference of opinion among
themselves, the opinion of majority shall be the order of the National
Commission:
Provided that where the proceeding is conducted by the
President or the senior most member as provided in section 22D and three
members thereof and they differ on any point or points, they shall state the
point or points on which they differ and refer the same to the other member for
hearing on such point or points and such point or points shall be decided
accordingly to the opinion of the majority of the National Commission.
16. Manner of
deposit of amount in appeals before Supreme Court - Every appeal filed before the Supreme Court in terms of
section 23 shall be accompanied by an amount as provided in the second proviso
to that section and such amount may be remitted
in the form of a crossed Demand Draft drawn on a nationalized bank in favour of Registrar, Supreme Court, payable at Delhi.
Explanation.- In
this rule, "nationalized bank" means a corresponding new bank
specified in the First Schedule to the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1970 (5 of 1970) or a corresponding new bank
specified in the First Schedule to the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1980 (40 of 1980)