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Section 102 Consumer Protection Act 2019: State Govt power to make rules

Section 102 (Power of State Government to make rules) under Chapter VIII (Miscellaneous) of the Consumer Protection Act, 2019.—

❝(1) The State Governments may, by notification, make rules for carrying out the provisions of this Act:

 Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the State until the rules in respect of that matter is made by the State Government and while making any such rules, so far as is practicable, they shall conform to such model rules.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
 (a) the other class or classes of persons including public utility entities under clause (19) of section 2;
 (b) the contest, lottery, game of chance or skill which are to be exempted under item (b) of sub-clause (iii) of clause (47) of section 2;
 (c) the number of other official or non-official members of the State Council under clause (b) of sub-section (2) of section 6;
 (d) the time and place of meeting of the State Council and the procedure for the transaction of its business under sub-section (4) of section 6;
 (e) the number of other official and non-official members of District Council under clause (b) of sub-section (2) of section 8;
 (f) the time and place of meeting of the District Council and procedure for the transaction of its business under sub-section (4) of section 8;
 (g) the number of members of the District Commission under clause (b) of sub-section (2) of section 28;
 (h) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the District Commission under section 30;
 (i) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the District Commission under sub-section (3) of section 33;
 (j) the manner of authentication of goods sampled by the State Commission and the District Commission under clause (c) of sub-section (2) of section 38;
 (k) the manner of depositing fifty per cent. of the amount before filing appeal under second proviso to section 41;
 (l) the number of members of the State Commission under sub-section (3) of section 42;
 (m) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the State Commission under section 44;
 (n) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the State Commission under sub-section (3) of section 46;
 (o) the form in which the State Commission shall furnish information to the State Government under sub-section (5) of section 70;
 (p) the persons in the consumer mediation cell under sub-section (3) of section 74;
 (q) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules.❞



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Notes:

(1) The Consumer Protection Act, 2019, an Act of Parliament, received the assent of the President on the 9th August, 2019, and was published in the Gazette of India (Extraordinary, Part II - Section 1) by the Ministry of Law and Justice (Legislative Department) on 9th August, 2019.

(2) Effective Date: The Act shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.




This page was created/ last updated on 9th August, 2019.

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