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Core Purpose

Rules amending the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020 under Sections 29 and 43 of the Consumer Protection Act, 2019, reducing experience requirements and introducing a written examination and a Schedule of subject laws for selection.

Detailed Summary

Dated 21st September 2023 (G.S.R. 681(E)), the Central Government (Department of Consumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution), exercising powers under Sections 29 and 43 read with clauses (n) and (w) of sub-section (2) of Section 101 of the Consumer Protection Act, 2019 (35 of 2019), amends the Consumer Protection (Qualification for appointment...) Rules, 2020 (principal rules published vide G.S.R. 452(E) dated 15th July 2020), styled the ...Amendment Rules, 2023, effective from publication. Rule 3(2)(b) reduces the required experience from 'not less than twenty years' to 'not less than ten years'; Rule 4(2)(c) reduces required experience from 'not less than fifteen years' to 'not less than ten years'; Rule 6(9) is replaced to require Selection Committee shortlisting via a two-paper written test (Paper I: General Knowledge/current affairs, Constitution of India, consumer-related laws, objective type, 100 marks, 2 hours; Paper II: essay and case study, descriptive type, 100 marks, 3 hours) with 50% qualifying marks per paper plus a 50-mark viva voce; and a new Schedule under Rule 6(9) lists ten specified consumer-related laws including the Consumer Protection Act 2019, Legal Metrology Act 2009, Bureau of Indian Standards Act 2016, Competition Act 2002, Food Safety and Standards Act 2006, Drugs and Cosmetics Act 1940, Sale of Goods Act 1930, Real Estate (Regulation and Development) Act 2016, Electricity Act 2003, and Insurance Act 1938. Signed by Anupam Mishra, Joint Secretary, File No. J-18/15/2021-CPU.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 539] NEW DEL HI, FRIDAY, SEPTEMBER 22, 2023/ BHADRA 31, 194 5 CG-DL-E-22092023-248885 MINISTRY OF CONSUM ER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Consumer Affairs) NOTIFICATION New Delhi, the 21st September, 2023 G.S.R. 681(E).—In exercise of the powers conferred by sections 29 and 43, read with clauses (n) and (w) of sub -section (2) of section 101 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government hereby makes the following rules to amend the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation an d removal of the President and members of the State Commission and District Commission) Rules, 2020, namely: - 1. (1) These rules may be called the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appoin tment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Amendment Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020 (hereinafter refer red to as the said rules), in rule 3, in sub -rule (2), in clause (b), for the words “not less than twenty years”, the words “not less than ten years” shall be substituted. 3. In the said rules, in rule 4, in sub -rule (2), in clause (c), for the words “not less than fifteen years”, the words “not less than ten years” shall be substituted. 4. In the said rules, in rule 6, for sub -rule (9), the following sub -rule shall be substituted, namely: - “(9) The Selection Committee shall short -list the applicant on the basis of performance in a written test consisting of two papers as specified in the table below, with the qualifying marks of fifty percent in each paper and there shall be viva voce of 50 marks. Paper Topics Nature of test Maximum marks Duration Paper -I (a) General Knowledge and current affairs (b) Knowledge of Constitution of India (c) Knowledge of various Consumers related Laws as indicated in the Schedule Objective Type 100 2 hours Paper -II (a) One essay on topics chosen from issues on trade and commerce consumer related issues or Public Affairs (b) One case study of a Descriptive Type 100 3. hours consumer case for testing the abilities of analysis and cogent drafting of orders. 5. In the said rules, after rule 10 and before Annexure, the following Schedule shall be inserted, namely: - “SCHEDULE [See rule 6(9)] 1. The Consumer Protection Act, 2019 (35 of 2019) 2. The Legal Metrology Act, 2009 (1 of 2010) 3. The Bureau of Indian Standards Act, 2016 (11 of 2016) 4. The Competition Act, 2002 (12 of 2003) 5. The Food Safety and Standards Act, 2006 (34 of 2006) 6. The Drugs and Cosmetics Act, 1940 (23 of 1940) 7. The Sale of Goods Act, 1930 (3 of 1930) 8. The Real Est ate (Regulation and Development) Act, 2016 (16 of 2016) 9. The Electricity Act, 2003 (36 of 2003) 10. The Insurance Act, 1938 (4 of 1938).”. [F. No. J -18/15/2021 -CPU] ANUPAM MISHRA , Jt. Secy. Note: The principal rules were published in th e Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (i) vide number G.S.R. 452(E), dated the 15th July, 2020. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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