Resolutions adopted in the Conference of Hon’ble
Ministers along with the Secretaries, Consumer Affairs of States / UTs, and
Presidents of State Consumer Disputes Redressal Commissions on 15th
March, 2012 in Hall No.5, Vigyan Bhawan, New Delhi.
The Conference was inaugurated by Prof. K.V.
Thomas, Hon’ble Minister, Department of Consumer
Affairs. Hon’ble President Shri Justice Ashok Bhan, Hon’ble Member of the
National Consumer Disputes Redressal Commission, Shri Pankaj Agrawala,
Additional Secretary, Department of Consumer Affairs and other functionaries
from the Ministry of Consumer Affairs, the Registrar, Joint Registrar and other
officers and employees of the National Consumer Disputes Redressal Commission,
Presidents of the State Commissions, Registrars of the
State Commissions were present on the occasion. Copies of the speeches of the
Hon’ble Minister of State and the Hon’ble President are at Annexure ‘A’ – ‘B’
respectively.
Three books were released
thereafter: the first written by Smt. Rajyalakshmi Rao, former Member of the
National Commission, titled ‘Consumer is the King’; the second by Dr. S.C. Mishra of the Indian Institute of
Public Administration titled ‘Consumer Protection in India – Policies &
Case Studies’ and the third an Act of two Reports by the Department of Consumer
Affairs.
Business session commenced soon after the inaugural
session and the items on the Agenda were taken up for deliberation. Resolutions passed after the deliberations
are indicated against each item.
|
SL. NO. |
ITEMS |
RESOLUTION |
|
1. |
Finalization
of the National Consumer Disputes Redressal Commission Procedure &
Practice Regulation |
It was decided to constitute a committee
of: 1- Hon’ble Shri Anupam Dasgupta, Member,
National Commission. 2- Hon’ble Shri Justice R. C. Jain, Member,
National Commission. 3- Hon’ble President, Kerala State
Commission. 4- Hon’ble President, Punjab State
Commission. 5- Hon’ble President, Bihar State
Commission. Presidents of all State Commissions were
requested to forward their comments on the Draft Regulations to the
Registrar, Nation Consumer Disputes Redressal Commission within 30 days. The
Registrar should complete and place the comments before the Committee headed
by the Hon’ble Member Shri Anupam Dasgupta. The Committee would consider the
comments and other relevant material and finalize the uniform Regulations for
the Consumer Fora, National, State and District. |
|
2. |
Training of
State Commission / District Forum Members at Judicial Academy of the
respective States. |
It was
resolved that newly inducted Members of the State Commissions and the
District Forums should receive appropriate training of adequate duration soon
after their appointment. For this
purpose Presidents of the State Commissions would accordingly liaise with the
High Courts to tie up the necessary arrangements at State Judiciary Academy
after consultation with Chief Secretaries of the State Government, such as
accommodation and training facilities at the respective Judicial Academies
available for a specific period in a year. The National Commission will also,
with the assistance of the IIPA and other institutions, design the training
programmes, determine the resource personnel and ensure the availability of
the relevant training material. The Draft Regulations, once finalised would be
an important input for such training programmes. |
|
3. |
Furnishing
English translation of orders and documents in local languages |
Hon’ble
President, National Commission had already requested the Presidents of the
State Commission to make available, in pursuance of section 24 B (1) (ii) of
the Consumer Protection Act, 1986, English translations of the orders and
documents involved in First Appeals and Revision Petitions filed with the
National Commission against the orders passed in the local languages of the
States by the respective State Commissions/ District Forums. It was decided
that this practice, duly envisaged in the Statute itself, should be followed
by all the State Commissions. As regards the need to appoint qualified
translators and bearing the cost of their remuneration, the Hon’ble
President, National Commission agreed to take up the issue with the Hon’ble
Union Minister of State (Independent Charge) of Consumer Affairs at the
conference of the Hon’ble State Ministers in-charge of Consumer Affairs,
proposed to be convened by the Hon’ble Union Minister of State.Hon’ble
President, National Commission had already requested the Presidents of the
State Commission to make available, in pursuance of section 24 B (1) (ii) of
the Consumer Protection Act, 1986, English translations of the orders and
documents involved in First Appeals and Revision Petitions filed with the
National Commission against the orders passed in the local languages of the
States by the respective State Commissions/ District Forums. It was decided
that this practice, duly envisaged in the Statute itself, should be followed
by all the State Commissions. As regards the need to appoint qualified
translators and bearing the cost of their remuneration, the Hon’ble
President, National Commission agreed to take up the issue with the Hon’ble
Union Minister of State (Independent Charge) of Consumer Affairs at the
conference of the Hon’ble State Ministers in-charge of Consumer Affairs,
proposed to be convened by the Hon’ble Union Minister of State. |
|
4. |
Pay and
perquisites of Members of State Commissions and District Forums |
It was
unanimously resolved that the pay scales of full-time Members of the State
Commissions and the District Forums should be as applicable to Joint
Secretary and Director respectively in the Central Secretariat of the
Government of India.It was
unanimously resolved that the pay scales of full-time Members of the State
Commissions and the District Forums should be as applicable to Joint
Secretary and Director respectively in the Central Secretariat of the
Government of India. However, till
the finalization of rests by the State Government to bring the pay at par
with Joint Secretary and Director, the pay and perk fixed by either State Government of Kerala / Andhra Pradesh /
Haryana may uniformly be adopted by other State Government. As regards the remuneration / honorarium
of part-time Members of the State Commission and District Forums, it was resolved
to adopt the amounts recommended by the Committee headed by Dr. P. D. Shenoy,
former Member of the National Commission (viz., Rs.1000/- as honorarium and
Rs.300/- as conveyance allowance per day of sitting to part-time Members of
the State Commissions and honorarium of Rs.600/- and conveyance allowance of
Rs.150/- per day of sitting to part-time Members of the District Forums). |
|
5. |
Declaring
the President of State Commission as “Head of Department” and President of
District Forum as “Head of Office” |
This
suggestion was unanimously approved and it was decided that the National
Commission would once again take it up with the Hon’ble Ministers of Consumer
Affairs of States when the conference mentioned against item no. 3 is
convened by the Hon’ble Union Minister of State (Independent Charge),
Consumer Affairs. |
|
6. |
Provision of
Staff for the State Commissions and District Forums |
The
Conference resolved that the staffing pattern suggested in the report of the
Committee headed by Shri S.P. Bagla, former Member, National Commission
should be adopted by all States. The States should also, in consultation with
the Presidents of the State Commissions, frame the Recruitment Rules for
various categories of staff so that the staff appointed become employees of
the respective State Commissions/ District Forums and eventually constitute
appropriate cadres to facilitate lateral transfers as well as promotions. It
was also resolved that the Hon’ble President, National CommissionThe
Conference resolved that the staffing pattern suggested in the report of the
Committee headed by Shri S.P. Bagla, former Member, National Commission
should be adopted by all States. The States should also, in consultation with
the Presidents of the State Commissions, frame the Recruitment Rules for
various categories of staff so that the staff appointed become employees of
the respective State Commissions/ District Forums and eventually constitute
appropriate cadres to facilitate lateral transfers as well as promotions. It
was also resolved that the Hon’ble President, National Commission would take up this matter at the Conference
of State Ministers to be convened soon by the Hon’ble Union Minister of State
(Independent Charge), Consumer Affairs. |
|
7. |
Building and
Other Infrastructure for State Commissions and District Forums |
After
reviewing the availability of permanent / built-up accommodation for the
State Commissions and the District Forums, Shri Pankaj Agrawala, Additional
Secretary, Department of Consumer Affairs stated that the scheme of Central
Assistance for this purpose would continue in the XII Five Year Plan
commencing on 01.04.2012. Hence, the financial assistance on the pattern
available during the XI Plan would also be available during the XII Plan. He
further clarified that wherever the requirement of funds, in view of
difficult ground conditions, was higher than that permitted according to the
revised cast norms, proposals may be sent by the State Commission with
detailed justification. Such proposals would be favourably considered by the
Government of India, Department of Consumer Affairs. Shri Agrawala specifically
agreed with the need to provide compound walls and drinking water facilities
at all locations where independent buildings were constructed for the State
Commissions/ District Forums.After
reviewing the availability of permanent / built-up accommodation for the
State Commissions and the District Forums, Shri Pankaj Agrawala, Additional
Secretary, Department of Consumer Affairs stated that the scheme of Central
Assistance for this purpose would continue in the XII Five Year Plan
commencing on 01.04.2012. Hence, the financial assistance on the pattern
available during the XI Plan would also be available during the XII Plan. He
further clarified that wherever the requirement of funds, in view of
difficult ground conditions, was higher than that permitted according to the
revised cast norms, proposals may be sent by the State Commission with
detailed justification. Such proposals would be favourably considered by the
Government of India, Department of Consumer Affairs. Shri Agrawala specifically
agreed with the need to provide compound walls and drinking water facilities
at all locations where independent buildings were constructed for the State
Commissions/ District Forums. |
|
8. |
Disposal of
cases by National Commission / State Commissions/ District Forums |
After a detailed review of the pendency of
cases with various State Commissions and the District Forums in the States,
Hon’ble President, National Commission emphasized the need for expeditious
appointment of Members of the National Commission, State Commissions and
District Forums as the first pre-requisite for quicker disposal and reduction
of pendency of cases. With respect to States of Uttar Pradesh, Maharashtra,
Haryana, etc., where the pendency was still very high, Hon’ble President,
National Commission emphasized the need to constitute adequate number of
additional Benches considering that, on an average, a Bench of a State
Commission consisting of two Members could not be expected to dispose of more
than 1000 cases in a full year.After a detailed review of the pendency of
cases with various State Commissions and the District Forums in the States,
Hon’ble President, National Commission emphasized the need for expeditious
appointment of Members of the National Commission, State Commissions and
District Forums as the first pre-requisite for quicker disposal and reduction
of pendency of cases. With respect to States of Uttar Pradesh, Maharashtra,
Haryana, etc., where the pendency was still very high, Hon’ble President,
National Commission emphasized the need to constitute adequate number of
additional Benches considering that, on an average, a Bench of a State
Commission consisting of two Members could not be expected to dispose of more
than 1000 cases in a full year. Hon’ble
President, National Commission agreed to take up this matter once again at
the proposed Conference of the State Ministers of Consumer Affairs. |
|
9. |
Computerisation
and Maintenance of Computer Software and Hardware |
Smt.
Ranjana Nagpal, Technical Director, National Informatics Centre (NIC)
informed the Conference that the CONFONET Project would be continued during
the XII Plan Period. Additional funds for replacement/ up-gradationSmt.
Ranjana Nagpal, Technical Director, National Informatics Centre (NIC)
informed the Conference that the CONFONET Project would be continued during
the XII Plan Period. Additional funds for replacement/ up-gradation of the hardware at the District and State
levels, enhancement of connectivity bandwidth and making the entire system
fully on-line would made be available during the XII Plan period and
technical man-power support would also be provided. |
The Conference ended with
presentation of a summary of the discussions and vote of thanks to all by Shri
Anupam Dasgupta, Member, National Commission.
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