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Section 16 – The Consumer Protection Act, 1986

The Consumer Protection Act, 1986

 

 

16. COMPOSITION OF THE STATE COMMISSION.

 

Each State Commission shall consist of –

 

(a) a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President :

 

Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court;

 

(b) two other members, who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman :

 

Provided that every appointment made under this clause shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely :-

 

(i) President of the State Commission – Chairman,

 

(ii) Secretary of the Law Department of the State – Member,

 

(iii) Secretary, incharge of Department dealing with consumer affairs in the State – Member.

 

(2) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the State Commission shall be such as may be prescribed by the State Government.

 

(3) Every member of the State Commission shall hold office for a term of five years or up to the age of sixty-seven years, whichever is earlier and shall not be eligible for re-appointment.

 

(4) Notwithstanding anything contained in sub-section (3), a person appointed as a President or as a member before the commencement of the Consumer Protection (Amendment) Act, 1993, shall continue to hold such office as President or member, as the case may be, till the completion ] of his term.

 

1. Inserted by Act 50 of 1993, sec. 13 (w.e.f, 18-6-1993).

 

2. Subs. by Act 62 of 2002, sec. 12, for clauses “(b) two other member, who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman:

 

Provided that every appointment made under this clause shall be made by the State Government of the recommendation of a selection committee consisting of the following, namely:-

1. Inserted by Act 50 of 1993, sec. 13 (w.e.f, 18-6-1993).


2. Subs. by Act 62 of 2002, sec. 12, for clauses “(b) two other member, who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman:


Provided that every appointment made under this clause shall be made by the State Government of the recommendation of a selection committee consisting of the following, namely:-


(i) President of the State Commission -Chairman


(ii) Secretary of the Law Department of the State -Member


(iii) Secretary, incharge of Department dealing with consumer affairs in the State-Member


(w. e .f. 15-3-2003).


3. Ins. by Act 62 of 2002, sec. 12 (w. e. F. 15-3-2003).


4. The words “(including tenure of office)” omitted by Act 50 of 1993, sec. 13 (w. e. f. 18-6-1993).


5. Ins. by Act 62 of 2002, sec. 12 (w. e. f. 15-3-2003).


6. Subs. by Act 50 of 1993, sec. 13 (w.e.f. 18-6-1993) and and again subs by Act 62 of 2002, Sec. 12, for sub-section “(3) Every member of the State Commission shall hold office for a term of five years or up to the age of sixty-seven years, whichever is earlier and shall not be eligible for re-appointment.” and sub-section “(4) notwithstanding anything contained in sub-section (3), a person appointed as a President or as a member before the Commencement of the Consumer Protection (Amendment) Act, 1993 (50 of 1993), shall continue to hold such office as President or member, as the case me be, till the completion of his term.” (w.e.f. 15-3-2003).

 

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The Consumer Protection Act, 1986

 

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