GOVERNMENT OF WEST BENGAL

GOVERNMENT OF WEST BENGAL

DEPARTMENT OF CONSUMER AFFAIRS

11A, MIRZA GHALIB STREET, KOLKATA-700 087

No. 530-DCA Kolkata, the 30^th July,2001.

NOTIFICATION

In exercise of the power conferred by sub-section (2) of section 30 of the Consumer Protection Act, 1986 (68 of 1986), the Governor is pleased hereby to make, the effect from the date of this Notification, the following amendments in the West Bengal Consumer Protection Rules, 1987 published with this department notification No. 7601-F.S./FS/4F-25/82 Pt. II, dated the 20^th July, 1987 in Part I of the Calcutta Gazette, Extraordinary, dated the 20^th July, 1987 (hereinafter referred to as the said rules):-

Amendments

In the said rules,-

(1) in rule 3,-

(a) in sub-rule (2), for the work and figure `Grade 1', substitute the word and letter `Group A';

(b) in sub-rule (5), -

(i) after clause (c), insert the following clause:-

"(ca) has remained absent in three consecutive sittings of the District Forum without obtaining previous permission of the State Government, except for reasons beyond his control, or";

(ii) for the proviso, substitute the following proviso:-

"Provided that the President or any other member shall not be removed from his office on the ground specified in clauses (d) and (e) except on an inquiry held by the State Government in accordance with the procedure laid down in sub-rule (10).";

"(5A) The State Government may transfer the President of a District Forum from one District Forum to any other District Forum in the interest of public service.

(5B) The terms and conditions of service of the President and the members of the District Forum, which have not been specified in these reules, shall be such as are applicable to Group `A' Officers of the State Government under the West Bengal Service Rules, part I and Part II.";

(d) after sub-rule (9), insert the following sub-rule:-

"(10) (a) For the purpose of the inquiry under the proviso to sub-rule (5), the State Government shall draw up, or cause to be drawn up, -

(i) the substance of im putations of misconduct or misbehaviour into difinite and district articles of charge;

(ii) a statement of misconduct or misbehaviour in support of each article of charge which shall contain-

(A) a statement of relevant facts including any admission or confession by the President or the member, as the case may be, of the District Forum.

(B) A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained.

(b) The State Government shall deliver, or cause to be delivered, to the President or the member as the case may be, of the District Forum a copy of the articles of charge and the statement of imputations of misconduct or misbehaviour prepared under clause (a).

(c) The State Government shall, in all cases for the purpose of inquiry, appoint an inquiring authroity and forward to it-

(i) a copy of the articles of charge and the statement of imputations of misconduct or misbehaviour;

(ii) a copy of statement of witnesses, if any;

(iii) evidence proving the delivery of the documents reffered to in clause (a) to the President or the member, as the case may be, of the District Forum.

(d) The inquiring authority shall issue a notice to the President or the member, as the case may be, of the District Forum, to submit, within ten working days from the date of receipt of the notice, a written statement of his defence together with the following:-

(i) a list of witnesses to be examined on his behalf;

(ii) a notice asking for the discovery or production of any documents which are in possession of the State Government but not mentioned in clause (a).

The inquiring authority shall also inform the President or the member through the aforesaid notice that, for the purpose of preparing his defence, he may, within five working days from the date of receipt by him of the notice, inspect the documents specified in the list referred to in clause (a).

(e) The inquiring authority shall, on receipt of the notice for discovery or production of documents, forward the same or copies thereof to the authority in whcose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition:

Provided that the inquiring authority may, for reqsons to be recorded by it in writing, refuse to requisiton such of the documents as are, in its opition, not relevant to the case.

(f) On receipt of the requisition referred to in clause (e), every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority:

Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicate the information to the President or the member and withdraw the requisition made by it for the production or discovery of such documents.

(g) The President or the member, as the case may be, of the District Forum shall appear in person before the inquiring authority on such day and at wsuch time withing fourteen working days form the date of receipt of notice as referred to in clause (d), as the inquiring authority may specify in this behalf, to defend the charges brought against him.

(h) The inquiring authority shall issue a notice requiring the State Government or its representative to appear before it on such date and at such time as are specified in clause (g), to present its case.

(i) The President or the member, as the case may be, of the District Forum and the State Government or its representative shall appear before the inquiring authority on the date of hearing or any other date on which the hearing may be adjourned.

(j) If the President or the member, as the case may be, of the Diistrict Foprum, without prior leave of the inquiring authority, fails to appar on the specified date and time, the inquiring authority may require the State Government or his representative to present his case and conduct the inquiry ex-parte.

(k) If prior leave of the inquiring authority has been taken, the case shall be adjourned to a later date. The inquiring authority shall not ordinarily allow more that one adjournment.

(l) If the President or the member, as the case may be, of the District Forum, who has not admitted any of the articles of charge in his written statement of defence, the authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquiring authority shall record the plea, sign the record and obtain the signature of the President or the member, as the case may be, of the District Forum thereon. The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the President or the member, as the case may be, of the District Forum pleads guilty.

(m) If the President, or the member, as the case may be, of the District Forum refuses or omits to plead guilty, or claims to be tried, the inquiring authority shall, after giving both the parties reasonable opportunities or being head, conduct the inquiry.

(n) After completion of the inquiry, a report shall be prepared which shall be forwarded to the State Government. The report shall contain-

(i) the articles of charge and the statement of imputation of misconduct or misbehaviour;

(ii) the defence of the President or the member, as the case may be, of the District Forum in respect of each article of charge;

(iii) an assessment of the evidence in respect of each article of charge; and

(iv) the finding on each article or charge and the reasons therefor.";

(2) in rule 6, -

(a) in sub-rule (2), for the word and figure `Grade 1', substitute the word and letter `Grade A';

(b) in sub-rule (4), for the figure and word `70 years', substitute the figure and word `67 years';

(i) after clause (c), insert the following clause:-

"(ca) has remained absent in three consecutive sittings of the State Commission without obtaining previous permission of the State Government, except for reasons beyond his control; or";

(ii) for the proviso, substitute the following proviso:-

"Provided that the President or any other member shall not be removed from his office on the ground specified in clause (d) and (e) except on an inquirty held by the State Government in accordance with the procedure laid down in sub-rule (12).";

(d) after sub-rule (5), insert the following sub-rule:-

"(5A) The terms and conditions of service of the President and the members of the State Commission, which have not been specified in these rules, shall be such as are applicable to Group `A' officers of the State Government under the West Bengal Service Rules, Part I and PartII.";

(e) after sub-rule (ii), insert the following sub-rule:-

"(12) (a) For the purpose of the inquiry under the proviso to sub-rule (5), the State Government shall draw up or cause to be drawn up-

(i) the substance of imputation of misconduct or misbehaviour into definite and distinct articles of charge;

(ii) a statement of misconduct or misbehaviour in support of each article of charge containing-

(A) a statement of relevant facts including any admission or confession by the President or the member, as the case may be, of the State Forum.

(B) a list of documents by which and a list of witnesses by whom, the articles of charge are proposed to be sustained.

(b) The State Government shall deliver, or cause to be delivered, to the President or to the member as the case may be, of the State Forum a copy of the articles of charge and the statement of imputations of misconduct or misbehaviour prepared under clause (a).

(c) The State Government shall in all cases for the purpose of inquirty appoint an inquiring authority and forward to it-

(i) a copy of the articles of charge and the statement of imputations of misconduct or misbehaviour;

(ii) a copy of statement of witness if any;

(iii) evidence proving the delivery of the documents referred to in clause (a) to the President or the member, as the case may be, of the State Forum.

(d) The inquiring authority shall issue a notice to the President or the member, as the case may be, of the State Forum, to submit, within ten working days from the date of receipt of the notice, a written statement of his defence together with the following:

(i) a list of witnesses to be examined on his behalf;

(ii) a notice asking for the discovery or production of any documents which are in possession of the State Government but not mentioned in clause (a).

The inquiring authority shall also inform the President or the member through the aforesaid notice that, for the purpose of preparing his defence, he may, within five working days from the date or receipt by him of the notice, inspect the documents specified in the list referred to in clause (a).

(e) The inquiring authority shall, on receipt of the notice for discovery or production of documents forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition:

Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.

(f) On receipt of the requisiton referred to in clause (e) every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority:

(g) The President or the member as the case may be, of the State Forum shall appear in person before the inquiring authority on such day and at such time within fourteen working days from the date of receipt of notice as referred to in clause (d), as inquiring authority may specify in this behalf, to defend the charges brought against him.

(h) The inquiring authority shall issue notice requiring the State Government or his representative to appear before it one such date and at such time as specified in clause (g), to present their case.

(i) The President or the member, as the case may be, of the State Forum and the State Government or its representative shall appear before the inquiring authority on such date of hearing or any other date to which the hearing may be adjourned.

(j) If the President or the member, as the case may be, of the State Forum, without prior leave of the inquiring authority, fails to appear on the specified date and time, the inquiring authority shall require the State Government or his representative to present his case and conduct the inquiry ex-parte.

(k) If prior leave of the inquiring authority has been taken, the case shall be adjourned to a later date. The inquiring authority shall, however, not ordinarily allow more than one adjournment.

(l) If the President or the member, as the case may be, of the State Forum, who has not admitted any of the articles of charge in his written statement of defence, the authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty ot any of the articles of charge, the inquiring authority shall record the plea, sign the record and obtain the signature of the President or the member, as the case may be, of the State Forum thereon. The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the President or the member, as the case may be, of the State Forum pleads guilty.

(m) If the President or the member, as the case may be, of the State Forum refuses or omits to plead guilty, or claims to be tried, the inquiring authority shall, after giving both the parties reasonable opportunities of being heard, conduct the inquiry.

(n) After completion of the inquiry, a report shall be prepared which shall be forwarded to the State Government. The report shall contain-

(i) the articles of charge and the statement of imputation of misconduct or misbehaviour;

(ii) the defence of the President or the member, as the case may be, of the State Forum in respect of each article of charge;

(iii) an assessment of the evidence in respect of each article of charge; and

(iv) the finding on each article of charge and the reasons therfor."

By order of the Governor,

DR. A. K. CHANDA,

Secy. to the Govt. of West Bengal.

GOVERNMENT OF WEST BENGAL

DEPARTMENT OF CONSUMER AFFAIRS

11A, MIRZA GHALIB STREET, KOLKATA-700 087

NOTIFICATION

No. 885-DCA Date: 15^th October,2001.

-----------------------------

DCA/Sectt./4P-2/2000.

In exercise of the powers conferred by sub-section (2) of section 30 of the Consumer Protection Act, 1986 (68 of 1986), the Governor is pleased hereby to make, with effect from 9^th day of April,2001, the following amendments in the West Bengal Consumer Protection Rules, 1987, published under this department notification No. 7601-F.S./F.S.14F-25/82 dated the July 20, 1987, as subsequently amended (hereinafter referred to as the said rules):-

Amendments

In this said rules,-

(1) in sub-rule (1) of rule 3,

(a) in clause (iv), for the words and figures, "Rs.150" substitute the words and figures "Rs.250";

(b) for clause (v), substitute the following clause:-

(iv) Other members, if sitting on whole-time basis, shall receive a consolidated honorarium of Rs.4,000 per month and if sitting on part-time basis shall receive a consolidated honorarium of Rs.200 per day:

Provided that the honorarium payable to a member, sitting on part-time basis, in any calendar month shall not exceed the honorarium payable to a member sitting on whole-time basis.

(2) in sub-rule (1) of rule 6, for the words and figures "Rs.3000" substitute the words and figures "Rs.6000".

By order of the Governor,

DR. A. K. CHANDA,

Secy. to the Govt. of West Bengal.