THE CONSUMER PROTECTION ACT, 1986 & RULES, 1987

INTRODUCTION The industrial revolution and the development in the international trade and commerce has led to the vast expansion of business and trade, as a result of which a variety of consumer goods have appeared in the market to cater to the needs of the consumers and a host of services have been made available to the consumers like insurance, transport, electricity, housing, entertainment, finance and banking. A well organised sector of manufacturers and traders with better knowledge of markets has come into existence, thereby affecting the relationship between the traders and the consumers making the principle of consumer sovereignty almost inapplicable. The advertisements of goods and services in television, newspapers and magazines influence the demand for the same by the consumers though there may be manufacturing defects or imperfections or short comings in the quality, quantity and the purity of the goods or there may be deficiency in the services rendered. In addition, the production of the same item by many firms has led the consumers, who have little time to make a selection, to think before they can purchase the best. For the welfare of the public, the glut of adulterated and sub-standard articles in the market have to be checked. Inspite of various provisions providing protection to the consumer and providing for stringent action against adulterated and sub-standard articles in the different enactments like Code of Civil Procedure, 1908, the Indian Contract Act, 1872, the Sale of Goods Act, 1930, the Indian Penal Code, 1860, the Standards of Weights and Measures Act, 1976 and the Motor Vehicles Act, 1988, very little could be achieved in the field of Consumer Protection. Though the Monopolies and Restrictive Trade Practices Act, 1969 arid the

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Prevention of Food Adulteration Act, 1954 have provided relief to the consumers yet it became necessary to protect the consumers from the exploitation and to save them from adulterated and sub-standard goods and services and to safe guard the interests of the consumers. In order to provide for better protection of the interests of the consumer the Consumer Protection Bill, .1986 was introduced in the Lok Sabha on 5th December, 1986.

STATEMENT OF OBJECTS AND REASONS The Consumer Protection Bill, 1986 seeks to provide for better protection of the interests of consumers and for the purpose, to make provision for the establishment of Consumer councils and other authorities for the settlement of consumer disputes and for matter connected therewith. 1. It seeks, inter alia, to promote and protect the rights of consumers such as(a) The right to be protected against marketing of goods which are hazardous to life and property; (b) The right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices; (c) The right to be assured, wherever possible, access to an authority of goods at competitive prices; (d) The right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums; (e) The right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and (f) right to consumer education.

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3. These objects are sought to be promoted and protected by the Consumer Protection Council to be established at the Central and State level. 4. To provide speedy and simple redressed to consumer disputes, a quasi-judicial machinery is sought to be setup at the district, State and Central levels. These quasijudicial bodies will observe the principles of natural justice and have been empowered to give relief of a specific nature and to award, wherever appropriate, compensation to consumers. Penalties for noncompliance of the orders given by the quasi-judicial bodies have also been provided. 5. The Bill seeks to achieve the above objects.

ACT 68 OF 1986 The Consumer Protection Bill, 1986 was passed by both the Houses of Parliament and it received the assent of the President on 24th December, 1986. It came on the Statutes Book as the Consumer Protection Act, 1986 (68 of 1986).

LIST OF AMENDING ACTS 1. The Consumer Protection (Amendment) Act, 1991 (34 of 1991). 2. The Consumer Protection (Amendment) Act, 1993 (50 of 1993). 3. The Consumer Protection (Amendment) Act, 2002 (62 of 2002).

THE CONSUMER PROTECTION ACT, 1986 (68 of 1986) [24th December, 198"6)

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An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-

CHAPTER I PRELIMINARY 1. Short title, extent, commencement and application.--( I) This Act may be called the Consumer Protection Act, 1986. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date I as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act. (4) Save as otherwise expressly provided by the Central Government by notification, this Act shall apply to all goods and services. 2. Definitions.--(I) In this Act, unless the context otherwise requires,2[(a)"appropriate laboratory" means a laboratory or organisation(i) Recognised by the Central Government; (ii) Recognised by a State Government, subject to such guidelines as may be prescribed by the Central Government in this behalf; or (iii) Any such laboratory or organisation established by or under any law for the time being in force, which is maintained, financed or aided by the Central Government or a

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II. ] 3[(aa) "branch office" means(i) Any establishment described as a branch by the opposite party. 390 (E).Ins. dated 10th June.O.O. 1[(iv) one or more consumers.] 5 . Pt. . II.f. Sec. S. or (ii) Any establishment carrying on either the same or substantially the same activity as that carried on by the head office of the establishment.f. published in the Gazette of India. 3 (b) "Complainant" means(i) A consumer. 2. or (iii) The Central Government or any State Government. 1987. where there are numerous consumers having the same interest. dated 15th April.Subs. Sec. 3(ii). The provisions of Chapter III of this Act have come into force in the whole of India except the State of Jammu and Kashmir on 1-7-1987: vide Notification. by Act 50 of 1993.. 18-6-1993). 1987. published in the Gazette of India. 568(E). . No. Extra.e. sec. 3 (ii). Pt. II and IV of this Act have come into force in the whole of India except the State of Jammu and Kashmir on 15-4-1987: vide Notification No. 2 (w. 1987. S. 18-6-1993). The provisions of Chapters I. or (ii) Any voluntary consumer association registered under the Companies Act.State Government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect. 1987.e.] 1. by Act 50 of 1993. 2 (w.. Extra.1956 (1 of 1956) or under any other law for the time being in force. 3. sec.

) (vi) Services which are hazardous or likely to be hazardous to life and safety of the public when used. his legal heir or representative . a price in excess of the price(a) Fixed by or under any law for the time being in force. (c) Displayed on the price list exhibited by him by or under any law for the time being in force. (iii) 2[the services hired or availed of or agreed to be hired or availed of by him] suffer from deficiency in any respect. are being-offered for sale to the public(a) In contravention of any standard relating to safety of such goods as required to be complied with. (b) If the trader could have known with due diligence that the goods so offered are unsafe to the public . are being offered by the service provider which such person could have 6 . by or under any law for the time being in force.(v) In case of death of a consumer. (b) Displayed on the goods or any package containing such goods.) 3[(V) goods which will be hazardous to life and safety when used.] (ii) 2[the goods bought by him or agreed to be bought by him] suffer from one or more defects.) who or which makes a complaint. (d) Agreed between the parties. (iv) A trader or the service provider. has charged for the goods or for the services mentioned in the complaint. as the case may be. (c) "Complaint" means any allegation in writing made by a complainant that2[(i) an unfair trade practice or a restrictive trade practice has been adopted by (any trader or service provider.

or under any system of deferred payment.f. 1. Ins. Ins. Subs. by Act 50 of 1993. or (ii) 4[hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised. sec.e.) with a view to obtaining any relief provided by or under this Act..e. or under any system of deferred payment and includes any beneficiary of such services other than the person who 4[hires or avails of] the services for consideration paid or promised. 2. by means of self-employment.! 4. "commercial purpose" does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood. sec.f. 18-6-1993). S When such services are availed of with the approval of the first mentioned person. 18-6-1993).] 7 . sec. (but does not include a person who avails of such services of any commercial purpose . 2 (w. 2 (w.-For the purposes of sub-clause (i). or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised. or under any system of deferred payment when such use is made with the approval of such person.e. Subs. (d) "Consumer" means any person who(i) Buys any goods for a consideration which has been paid or promised or partly paid and partly promised. but does not include a person who obtains such goods for resale or for any commercial purpose. 18-6-1993).byAct50ofI993.2 (w.known with due diligence to be injurious to life and safety. by Act 50 of 1993. .e. or partly paid and partly promised. ~.) 1[Explanation. by Act 50 of 1993.f.f. 3.18-6-1993). sec. 2 (w.

} (k) "National Commission" means the National Consumer Disputes Redressal Commission established under clause (c) of section 9. (j) "Manufacturer" means a person who-(i) Makes or manufactures any goods or parts thereof. (1) "Notification" means a notification published in the Official Gazette.(e) "Consumer dispute" means a dispute where the person against whom a complaint has been made. (3 of 1930). express or implied or] as is claimed by the trader in any manner whatsoever in relation to any goods. imperfection or shortcoming in the quality. (f) "Defect" means any fault. (i) "Goods" means goods as defined in the Sale of Goods Act. 1930. (h) "District Forum" means a Consumer Disputes Redressal Forum established under clause (a) of section 9. 8 . shortcoming or inadequacy in the quality. (g) "Deficiency" means any fault. nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. imperfection.) 3[(jj) "member" includes the President and a member of the National Commission or a State Commission or a District Forum. potency. or (iii) Does not make or manufacture any goods but assembles parts thereof made or manufactured by others. denies or disputes the allegations contained in the complaint. purity or standard which is required to be maintained by or under any law for the time being in force or 2[under any contract. quantity. as the case may be. or (iv) Puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer .

(n) "Prescribed" means prescribed by rules made by the State Government. or as the.e.(m) "Person" includes. 2 (w. 2. as the case may be.) 9 . 1860 (21 of 1860) or not. by Act 50 of 1993. hiring or availing of other goods or services .e. (ii) A Hindu undivided family. 18-6-1993). Ins. (iii) A co-operative society. 18-6-1993). Ins.) (nnn) ―Restrictive trade practice‖ means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include. 1[(nn) "regulation‖ means the regulations made by the National Commission under this Act . (b) Any trade practice which requires a consumer to buy. 3. sec. 18-6-1993). (a) Delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price. by Act 50 of 1993. by the Central Government under this Act. 1.f. Ins. 2 (w. (iv) Every other association of persons whether registered under the Societies Registration Act. services as condition precedent to buying. by Act 50 of 1993. case may be. hire or avail of any goods or. 2 (w.f.f. sec. sec.e.(i) A firm whether registered or not.

(1) The practice of making any statement. second-hand. supply of electrical or other energy. whether orally or in writing or by visible representation which. (q) "Trader" in relation to any goods means a person who sells or distributes any goods for sale and includes the manufacturer thereof. 10 . for the purpose of promoting the sale. composition. financing insurance. board or lodging or both. quality or grade. namely. (ii) Falsely represents that the services are of a particular standard. reconditioned or old goods as new goods. use or supply of any goods or for the provision of any service.(c) "Service" means service of any description which is made available to potential (users and includes the provision of facilities in connection with banking. and where such goods are sold or distributed in package form.) (p) "State Commission" means a Consumer Disputes Redressal Commission established in a State under clause (b) of section 9. renovated. processing. includes the packer thereof. transport. amusement or the purveying of news or other information. style or model. 3[(r) "unfair trade practice" means a trade practice which. (jii) falsely represents any re-built. grade. 2[housing construction] entertainment. quantity. adopts any unfair method or unfair or deceptive practice including any of the following practices.(i) Falsely represents that the goods are of a particular standard. (d) ―Spurious goods & services‖ mean such goods and services which are claimed to be genuine but they are actually not so. quality. but does not include the rendering of any service free of charge or under a contract of personal service.

2 (w. sec. characteristics. guarantee or promise will be carried out. 3. (ix) Materially misleads the public concerning the price at which a product or like products or goods or services. any goods or services. 18-6-1993). byAct50ofI993. Ins. for this purpose. Ins. maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result. performance. 2 (w.e. have been or 'are. efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof: Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test. ordinarily sold or provided.f. (vi) Makes a false or misleading representation concerning the need for. 18-6-1993). 18-6-1993).(iv) Represents that the goods or services have sponsorship. a representation as to price shall be deemed to refer to the price at which the 11 . accessories. approval. sec. if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty. or (ii) A promise to replace. the burden of proof of such defence shall lie on the person raising such defence. (v) Represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have.e. or the usefulness of. 1. sec.e. by Act 50 of 1993. uses or benefits which such goods or services do not have.f. and. 2 (w. (viii) Makes to the public a representation in a form that purports to be(i) A warranty or guarantee of a product or of any goods or services. Subs. 2. (vii) Gives to the public any warranty or guarantee of the performance. by Act 50 of 1993.f.

services or trade of another person. or (c) Contained in or on anything that is sold. or on anything on which the article is mounted for display or sale. (x) Gives false or misleading facts disparaging the goods. the nature and size of business. or on its wrapper or container. "bargaining price" means(a) A price that is stated in any advertisement to be a bargain price. inserted in. the person who had caused the statement to be so expressed.the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made. or (b) Expressed on anything attached to.-For the purposes of clause (1). and the nature of the advertisement. shall be deemed to be a statement made to the public by. or accompanying. or 12 . an article offered or displayed for sale.product or goods or services has or have been sold by sellers or provided by suppliers generally. transmitted or in any other manner whatsoever made available to a member of the public.-For the purpose of clause (2). Explanation. having regard to the nature of the market in which the business is carried on. of goods or services that are not intended to be offered for sale or supply at the bargain price. by reference to an ordinary price or otherwise. or for a period that is. a statement that is(a) Expressed on an article offered or displayed for sale. reasonable. delivered. and only by. in the relevant market unless it is clearly specified to be . sent. (2) Permits the publication of any advertisement whether in any newspaper or otherwise. and in quantities that are. made or contained. Explanation. for the sale or supply at a bargain price.

contents. design. constructions. knowing or having reason to believe that the goods do not comply with the standards prescribed by competent authority relating to performance. game of chance or skill. prominently in the same newspaper in which the scheme was originally advertised . by consumers. prices or other items free of charge on its closure the information about final results of the scheme. for the purpose of promoting. use or supply of any product or any business interest. if such hoarding or destruction or refusal raises or tends to raise or is intended to raise. the sale. would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold. prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged. Explanation: for the purpose of this sub clause. directly or indirectly. (5) Permits the hoarding or destruction of goods.(b) A price that a person who reads. or are of a kind likely to be used. lottery. (3A) withholding from the participants of any scheme offering gifts. the conduct of any contest. the participants of a scheme shall be deemed to have been informed of the final results of the scheme where such results are within a reasonable time published. or refuses to sell the goods or to make them available for sale or to provide any service.] 13 . hears or sees the advertisement. the cost of those or other similar goods or services. in the transaction as a whole. composition. finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods. (3) permits(a) The offering of gifts.) (4) Permits the sale or supply of goods intended to be used.

Air India. the Supreme Court did not interfere on the issue.(6) Manufacture of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services . maintenance of General Provident Fund Accounts does not fall within the meaning of `service‘. recorded the findings as to the discharge of the liability of the carrier. Raj Kumar v.. (iii) When the National Commission as a matter of fact. Sundaram Textiles Ltd. Hence the consumer complaint by insurance company is not maintainable. v. Ltd. (2001) 8 SCC 390 (iv) The insurance company is not a consumer. nor hiring of any service is involved hence. S. Verma.C. Savani Road Lines v. Hari Vallabh Vijay v. 2001 (1) CPR 437 (ii) The government servants and the staff of the Accountant General Office of the Comptroller and Auditor General maintains the records of provident fund of government servants.) (2) Any reference in this Act to any other Act or provision thereof which is not in force in any area to which this Act applies shall be construed to have a reference to the corresponding Act or provision thereof in force in such area. Administration Officer. issue slips of deposits of fund and on retirement final payments are made to the subscribers. COMMENTS (i) Persons buying goods either for re-sale or for use in large scale profit making activity will not be `consumers‘ entitled to protection under the Act. 2001 (1) CPR 529. The government servants and the staff of the Accountant General in discharging their duties does not render any service for consideration. Saddler Shoes Pvt. AIR 2001 SC 2630 14 .

Union of India. Shantha. I (1994) CPJ 481: 1994 (I) CPR 298. both medical and surgical. Jagdish Chand v. 1995 SCALE 273. Indian Medical Association v. there is relationship like that of master and servant it is a "contract of personal service" and is excluded from the purview of the Act. VP. TechnocombineAssociatesv. v. New India Assurance Co. (viii)A licensee to run a phone is not a consumer. (ix) A lottery ticket holder is not "consumer" within the ambit of the definition of "consumer" under the Act. (x) Applicant who merely applies for allotment of shares is not a consumer.(v) The repudiation of the claim by the Insurance Company on the ground that the driver was not holding a valid driving license at the time of the accident could not be termed as deficiency in service or negligence on the part of the Insurance Company within the meaning of section 2 (g) of the Act. (vi) Medical services are covered under the definition of "service". the service rendered by a medical practitioner to the patient cannot be regarded as service rendered under a contract of personal service. It is "contract for personal services". Wherever. I996NCJ 195. (vii) "Contract of personal service" has to be distinguished from a "contract for personal service". Sikkim State Lottery. 1994 (I) CPR 316. 1995 SCALE 273. Service includes rendering of consultation. VP. Ltd. 15 . Indian Medical Association v.. 1994 (I) CPR213. Director. Smt. ABC Computers Pvt. Ltd. Pushpa YashwantGhatge. In the absence of relationship of master and servant between the patient and the medical practitioner. diagnosis and treatment. HG Bhatia v. Shantha.

(xii) If somebody does not perform his part of the contract.The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. . 3. and as such no complaint can be maintained for deficiency in service. 1994 (I) CPR 66. Sikkim State Lotteries.(xi) The beneficial consumer jurisdiction cannot be extended to lotteries and wagering transactions or consequential rights flowing from void contracts. Secretary. 16 . 1994 (I) CPR 213. (xiv) Undue delay in declaration of examination result is obviously deficiency in service. Consumer Unity & Trust Society v. . Rabindra Nath Sen. Shri Ramdeobaba Engineering College. Jagdish Chandv. Haryana v.. (xv) The student is a consumer of service of educational institute. Mukesh Chand. Sashi Bhusan Rath.Board of School Education. State of Rajasthan. Ltd. The National Insurance Co. II (1993) CPJ 633. Smt. (1991) I CPR 241. Smt. (xiii) The agreement for hypothecation does not create the ownership right. (xvi) A person who receives medical treatment in a Government hospital is not a consumer under the Act. 1994 (I) CPR 390. Jayantial Keshavlal Chauhan v. 1994 (I) CPR 269. Sushant Yuvaraj Rode v. Sukanti Behera v.. 1993 (III) CPR 624. Dr. However. it amount/! to deficiency in service. Ramala Roy v. the State Commission of Orissa held that a patient is a Consumer being the beneficiary of services in as much as the State Government is paying the consideration amount in the form of salary to the doctors aI)d hospital staff. Director. Act not in derogation of any other law.

17 . Karnataka Power Corporation. Bathinda. (iv) It is authoritatively settled that the arbitration clause is not a bar to the entertainment of the complaint by the Redressal Agency constituted under the Act.K.. National Insurance Co. The Consumer & Citizens Forum v. 1986 should not entertain the complaint with respect to the same cause of action. 1994 (I) CPR 130. 1994 (I) CPR 357. Hanuman Prasad v. I (1994) CPJ I (NC). S. 1994 (I) CPR 43. even if the arbitration provision has been laid down in a statute. The provisions of this Act give the consumer an additional remedy besides those that may be available under other existing laws. Ltd.. Lakhotia v. (iii) It is nowhere laid down that whenever the examination and cross-examination is involved. Ram Nath v. Improvement Trust. Ltd. (ii) When a case is pending in a court in which full evidence is to be recorded the Forums constituted under the Consumer Protection Act. The New India Assurance Co.COMMENTS (i) The remedy provided under the Act is in addition to the provisions of any other law for the time being in force. the proper forum for adjudication of the dispute is only Civil Court.

Objects of the Central Council. who shall be its Chairman. by notification.(a) the right to be protected against the marketing of goods 3[and services] which are 18 . The Central Consumer Protection Council.CHAPTER II CONSUMER PROTECTION COUNCILS 4.. Procedure for meetings of the Central Council. 6. and (b) such number of other official or non-official members representing such interests as may be prescribed. a Council to be known as the Central Consumer Protection Council (hereinafter referred to as the Central Council).The objects of the Central Council shall be to promote and protect the rights of the consumers such as. – (l) The Central Government shall. 5. (2) The Central Council shall consist of the following members. but 2[at least one meeting] of the Council shall be held every year. (2) The Central Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed. establish with effect from such date as it may specify in such notification.-( I) The Central Council shall meet as and when necessary. namely:(a) the Minister in charge of the 1[consumer affairs] in the Central Government.

The State Consumer Protection Councils. (e) the right to seek redressal against unfair trade practices 3[or restrictive trade practices] or unscrupulous exploitation of consumers. wherever possible. quantity. 4[(2)The State Council shall consist of the following members. standard and price of goods3[ or services. by notification. establish with effect from such date as it may specify in such notification. purity. namely : (a) the Minister incharge of consumer affairs in the State Government who shall be its Chairman. and (f) the right to consumer education.-(l) The State Government shall. 7. unfair trade practices. not exceeding ten. (c) such number of other official or non-official members. potency. a Council to be known as the Consumer Protection Council for………… (hereinafterreferred to as the State Council).hazardous to life and property. (d) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate Fora. access to a variety of goods 3[and services] at competitive prices.) 19 . (b) such number of other official or non-official members representing such interests as may 'be prescribed by the State Government. (c) the right to be 'assured. (b) the right to be informed about the quality. as may be nominated by the Central Government. as the case may be] so as to protect the consumer against.

Objects of the State Council.The objects of every State Council shall be to promote and protect within the State the rights of the consumers laid down in clauses (a) to (f) of section 6. 5 (w. sec. 3 (w.e. 18-6-1993). by Act 50 of 1993. by notification. The District Consumer Protection Council . by Act 50 of 1993.e. namely – 20 .f.] 8. Subs. 18-6-1993).e.e. Subs. 4.f. Subs. sec. by Act 50 of 1993. 6 (w. 18-6-1993). by Act 50 of 1993. 8A. 4 (w. a council to be known as the District Consumer Protection Council with effect from such date as it may specify in such notification. 1. (4) The State Council shall meet at such time and place as the Chairman think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government. sec. Ins.(1) The State Government shall establish for every district.f..f.(3) The State Council shall meet as and when necessary but not less than two meetings shall be held every year. 18-6-1993). 2. 3. sec. (2) The District Consumer Protection Council (hereinafter referred to as the District Council) shall consist of the following members.

who shall be its Chairman.) 8. Objects of the District Council . (4) The District Council shall meet as such time and place within the district as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government.(a) the Collector of the district (by whatever name called).B. (3) The District Council shall meet as and when necessary but not less than two meetings shall be held every year.The objects of every District Council shall be to promote and protect within the district the rights of the consumers laid down in clauses (a) t (f) of section 6. and (b) such number of other official and non-official members representing such interests as may be prescribed by the State Government.) 21 .

(a) a person who is. 10. Calcutta Telephones v. (iii) If a redressal forum has no jurisdiction. 1992 (II) CPR 322. establish more than one District Forum in a district. the following agencies. Tagore Gracias. Establishment of Consumer Disputes Redressal Agencies. or has been.] (b) a Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government 3[* * *] in the State by notification. namely:(a) a Consumer Disputes Redressal Forum to be known as the "District Forum" established by the State Government 1[* * *] in each district of the State by notification: 2[Provided that the State Government may. Chief General Manager. Ltd. and (c) a National Consumer Disputes Redressal Commission established by the Central Government by notification. or is qualified to be a District Judge. 1992 (II) CPR 556.. v. Composition of the District Forum.There shall be established for the purposes of this Act. Essen Computers Ltd. if it deems fit..CHAPTER III CONSUMER DISPUTES REDRESSAL AGENCIES 9. it cannot entertain the complaint on merits. Boilertech Engineers Pvt. the objection cannot be entertained in appeal raised orally. (ii) When no objection was taken to the territorial jurisdiction of District Forum by filling written version. v. who shall be its 22 . Solvochen Intermediates Pvt. COMMENTS (i) One or more consumers can file complaint.-4[(I) Each District Forum shall consist of. Ltd. I (1994) CPJ 132: 1994 (I) CPR 252. International Packers & Movers.

f. in the opinion of the state Government.e.f. such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member. by Act 50 of 1993.Chairman. namely :(i) be not less than thirty-five years of age. Ins. 18-6-1993). sec. sec. 2. or (c) is of unsound mind and stands so declared by a competent court. integrity and standing. (b) two other members. namely :(i) the President of the State Commission . 3. (ii) possess a bachelor‘s degree from a recognized university. I[(IA) Every appointment under sub-section (I) shall be made by the State Government on the recommendation of a selection committee consisting of the following. 4. 18-6-1993). or (e) has.f. Omitted by Act 50 of 1993. or (d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government.e. law.e. by Act 50 of 1993. industry public affairs or administration: Provided that a person shall be disqualified for appointment as a member. one of whom shall be a woman.e. 18-6-1993). Omitted by Act 50 of 1993. 7 (w. and have adequate problems relating to economics. 18-6-1993). involves moral turpitude. 7 (w. or (b) is an undischarged insolvent. Subs. 8 (w. 23 . in the opinion of the State Government. 7 (w. accountancy.f.President. or (f) has such other disqualifications as may be prescribed by the State Government. sec.) 1. if he(a) has been convicted and sentenced to imprisonment for an offence which. (iii) be persons of ability. who shall have the following qualifications. sec. commerce.

Member. whichever is earlier. by reason of absence or otherwise. Law Department of the State . whichever is earlier. unable to act as Chairman of the Selection Committee. Provided further that a member may resign his office in writing under his hand addressed to the State Government and on such resignation being accepted.(ii) Secretary.] dealing with consumer affairs in the State Provided that where the President of the state Commission is. incharge of the Department . 2002. 24 . as the case may be. Provided that a member shall be eligible for re-appointment for another term of five years or up to the age of sixty-five years. till the completion of his term. (iii) Secretary. the State Government may refer the matter to the Chief Justice of the High Court for nominating a sitting Judge of that High Court to act as Chairman) (2) Every member of the District Forum shall hold office for a term of five years or up to the age of 65 years. subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of sub-section (1) and such re-appointment is also made on the basis of the recommendation of the Selection Committee. shall continue to hold such office as President or member. his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation to the category of the member who is required t be appointed under the provision of sub-section (1A) in place of the person who has resigned: Provided also that a person appointed as the President or as a member.Member. before the commencement of the Consumer Protection (Amendment) Act.

(Provided that the appointment of a member on whole-time basis shall be made by the state Government on the recommendation of the President of the State Commission taking into consideration such factors as may be prescribed including the work load of the District Forum). Chawla v.--( I) Subject to the other provisions of this Act. and the other terms and conditions of service of the members of the District Forum shall be such as may be prescribed by the State Government. at the time of the institution of the complaint. 11.(a) the opposite party or each of the opposite parties. (2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction. where there are more than one. actually and voluntarily resides. the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation. where there are more than one.S. COMMENTS The pension received by the presidents of the District Consumer Forum in respect of their previous services as District Judges is subject to deduction from their salary as president of the Forum fixed under provisions of the Act.(3) The salary or honorarium and other allowances payable to. actually and voluntarily resides or 2[carries on business or has a branch office or] personally works for gain. at the time of the institution of the complaint. State of Punjab. if any. or 2[carries on business or 25 . AIR 2001 SC 1706. claimed 2[ does not exceed rupees twenty lakhs]. Jurisdiction of the District Forum. or (b) any of the opposite parties. M.

COMMENTS (i) Objection & regarding territorial jurisdiction should be taken at the earliest opportunity or the same deemed to have been waived. arises.. Subs. wholly or in part.(1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be providednmay be filed with a District Forum by(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided. or 2[ carry on business or have a branch office]. or the opposite parties who do not reside. or personally works for gain. 1. 18-6-1993). Consumer Education and Research Society v. [12.has a branch office]. sec.e. as the case may be. Vinay Prakash Verma. (1991t I CPR 405. or personally work for gain. by Act 50 of 1993. Canara Bank. (b) any recognised consumer association whether the consumer to whom the goods sold 26 . sec. 8 (w. II (1993) CPJ647. provided that in such case either the permission of the District Forum is given.f.f. 18-6-1993).e. 9 (w. by Act 50 of 1993. Kurukshetra University v. Manner in which complaint shall be made. acquiesce in such institution. or (c) the cause of action. (ii) A petition of complaint can be filed against corporation carrying on business within the territory of District Forum or Commission even though its sole or principal office is situated outside state limits. Ins. 2.

(c) one or more consumers. where there are numerous consumers having the same interest. Explanation. or (d) the Central or the State Government. on behalf of. with the permission of the District Forum.or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not.-For the purpose of this section. "recognised consumer association" means any voluntary consumer association registered under the Companies Act. all consumers so interested. allow the complaint to be proceeded with or rejected: Provided that a complaint shall not be rejected under this sub-section unless an opportunity of being heard has been given to the complainant: Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was received. as the case may be. the District Forum may proceed with the complaint in the manner provided under this Act: Provided that where a complaint has been admitted by the District Forum. 1956 (1 of 1956) or any other law for the time being in force. (2) Every complaint filed under sub-section (1) shall be accompanied with such amount of fee and payable in such manner as may be prescribed. (3) On receipt of a complaint made under sub-section (1). either in its individual capacity or as a representative of interests of the consumers in general. it shall not be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force. or for the benefit of. by order. the District Forum may.] 27 . (4) Where a complaint is allowed to be proceeded with under sub-section (3).

the District Forum shall obtain a sample of the goods from the complainant. (c) where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods. the District Forum may require the complainant to deposit to the credit 1. (d) before any sample of the goods is referred to any appropriate laboratory under clause (c). whichever may be necessary. of the Forum such fees as may be specified. with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Forum within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the District Forum. the District Forum shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g). 28 . Procedure on receipt of complaint. 10 (w. seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test.. sec. by Act 50 of 1993.(a) refer a copy of the complaint to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum. or omits or fails to take any action to represent his case within the time given by the District Forum. on admission of a complaint. Subs.f.-(1) The District Forum shall. for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question. if it relates to any goods. 18-6-1993).13. (b) where the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint.e.

the District Forum shall require the opposite party or the complainant to submit in writing his objections in regard to the report made by the appropriate laboratory. (b) where the opposite party. (g) the District Forum shall thereafter give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 14.(a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum. on receipt of a copy of the complaint. the District Forum shall forward a copy of the report along with such remarks as the District Forum may feel appropriate to the opposite party. or omits or fails to 29 . (2) the District Forum shall. referred to him under clause (a) denies or disputes the allegations contained in the complaint. if the complaint received by it under section 12 relates to goods in respect of which the procedure specified in sub~section (1) cannot be followed. or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory. or if the complaint relates to any services.(e) the District Forum shall remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory. (f) if any of the parties disputes the correctness of the findings of the appropriate laboratory.

(j) on the basis of evidence brought to its notice by the complainant and the opposite party. Provided that no adjournment shall be ordinarily granted by the District Forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Forum: Provided further that the District Forum shall make such orders as to the costs occasioned by the adjournment as may be provided in the regulations made under this Act. (3A) Every complaint shall be heard as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities.take any action to represent his case within the time given by the District Forum. the District Forum shall proceed to settle the consumer dispute. 30 . where the opposite party denies or disputes the allegations contained in the complaint.) (3) No proceedings complying with the procedure laid down in sub-sections (1) and (2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with. the District Forum may either dismiss the complaint for default or decide it on merits. or (ii) (ex-parte on the basis of evidence) brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Forum. (c) where the complainant fails to appear on the date of hearing before the District Forum.

the District Forum shall have the same powers as are vested in a civil court under Code of Civil Procedure. it may pass such interim order as is just and proper in the facts and circumstances of the case). (iii) the reception of evidence on affidavits.Provided also that in the event of a complaint being disposed of after the period so specified this District Forum shall record in writing. the provisions of rule 8 of order I of the First Schedule to the 31 . (iv) the requisitioning of the report Qf the concerned analysis or test from the appropriate laboratory or from any other relevant source. (3B) Where during the pendency of any proceeding before the District Forum. (v) issuing of any commission for the examination of any witness. and Chapter XXVI of the Code of Criminal Procedure. (5) Every proceeding before the District Forum shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860). and (vi) any other matter which may be prescribed. 1908 while trying a suit in respect of the following matters. it appears to it necessary. (ii) the discovery and production of any document or other material object producible as evidence. 1[(6) Where the complainant is a consumer referred to in sub-clause (iv) of clause (b) of sub-section (1) of section 2. (4) For the purposes of this section. namely:(i) the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath. the reasons for the same at the time of disposing of the said complaint. 1973 (2 of 1974). and the district Forum shall be deemed to be a civil court for the purposes of section'" 195.

Jayantilal Keshavlal Chauhan v..) COMMENTS (i) When the case is not a simple case of deficiency in service and involves determination of complex questions of facts and law. 32 . General Manager. United India Insurance Co. the provisions of Order XXII of the First Scheduled to the Code of Civil Procedure. Ltd. v. (iii) A consumer knocking at the door of the redressal agencies under the Act for relief in a consumer dispute must do so with clean hands. it would be better for the complainant to seek redressal of his grievances in a Civil Court. Ltd. II (1994) CPJ 444: 1994 (I) CPR 434. The National Insurance Co.Code of Civil Procedure.in the time frame provided under the Rules. 1908 (5 of 1908) shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party. 1908 (5 of1908) shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the District Forum thereon. (ii) If "fraud" is alleged.] (7) In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed. which cannot be satisfactorily determined by the redressal agency . 1994 (I) CPR 396. Harbans & Co.. Sagli Ram v. if so advised. as case may be. State Bank of India. it is desirable that the complainant should be directed to Civil Court as investigation about such fraud is required to be done. II (1994) CPJ 476: 1994 (1) CPR 381.

(c) to return to the complainant the price. (a) to remove the defect pointed but by the appropriate laboratory from the goods in question. the charges paid by the complainant. 2.-{l) If. (h) to withdraw the hazardous goods from being offered for sale. or. namely:.e.18-6-1993).f.e. (b) to replace the goods with new goods of similar description which shall be free from any defect. 1[(e) to remove the defects in goods or deficiencies in the services in question. (d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party. Sub.. it shall issue an order to the opposite party directing him to 2[do] one or more of the following things. (Provided that the District Forum shall have the power to grant punitive damages in such circumstances as it deems fit: ) I. by Act 50 of 1993. 12 (w. 33 . by Act 50 of 1993. the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved. Finding of the District Forum. (f) to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them. Ins.14.f: 18-6-1993). sec. after the proceeding conducted under section 13. (g) not to offer the hazardous goods for sale. as the case may be. 11 (w. sec. (ha) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature.

) (2A) Every order made by the District Forum under sub-section (l)shall be signed by its President and the member or members who conducted the proceeding: Provided that where the proceeding is conducted by the President and one member and they differ on any point or points. they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and the opinion of the majority shall be the order of the District Forum. the procedure relating to the conduct of the meetings of the District Forum. to such consumers: Provided further that the amount so obtained shall be credited in favour of such person and utilized in such manner as may be prescribed. (hc) to issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement. 34 .(hb) to pay such sum as may be determined by it. for any reason. till it is completed. its sittings and other matters shall be such as may be prescribed by the State Government. as the case may be.) (i) to provide for adequate costs to parties. if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently: Provided that the minimum amount of sum so payable shall not be less than five per cent of the value of such defective goods sold or services provided.] (3) Subject to the foregoing provisions. the President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member. is unable to conduct a proceeding.] 2[(2) Every proceeding referred to in sub-section (1) shall be conducted by the President of the District Forum and at least one member thereof sitting together: Provided that where a member.

(v) Delay in delivery after booking of a car is no deficiency. Ltd. (iii) If a consumer sustained any loss or damage actually. (vi) Redressal forums have no jurisdiction in matters involving outright sale of immovable property at an auction. 1994 (I) CPR 43. Morgan Stanley v. S.E. Subs. Mis. 1994 (I) CPR 182. Mrs. II (1994) CPJ 7 (SC). Rly.. II (1993) CPJ 172 (NC). Ltd. due to negligence of the opposite party. 15-6-1991). Padmana Dash v. Munilal Erij Mohan. (iv) The Fora have no jurisdiction to pass interim order. :who have not been allotted any shares cannot prefer a complaint under the Act. Bhuvana Viswaiiathan. Sec.byAct50of1993. 2 (w. S. Manager. v. It was also held that unsuccessful applicants.K.D. Telephones v. Maruti Udyog Ltd.f.COMMENTS (i) Compensation is to be given for loss or injury suffered by a consumer.A.18-6-19~3). Himachal Institute of Engineering & Technology v -Ani1_KumarGupta. Divisional Rly. 1(1993) CPJ 41 (NC).f. The complaint was filed to restrain a public issue. D. Mis. District Manager.e. Lakhotia v. (ii) The party to be awarded compensation has not only to show deficiency in service but also the negligence of the other party and without the finding of negligence there cannot be any award. Kartlk Das. II (1992) CPJ 505 (NC). 35 . National Insurance Co. 1994 (I) CPR 77. Ins. 1.e. he is entitled to compensation. 2. Allied (Garments) Exports Industries Pvt.. Director. by Act 34 of 1991.. v.12(w.sec. (vii) Consumer Forums have no jurisdiction to pass interim orders.

(ii) the words ―sufficient cause‖. it is 36 . though deserves to receive a liberal interpretation. no hard and fast line can be drawn as to what affords `sufficient causes‘ in a given case. yet.15. who is required to pay any amount in terms of an order of the District Forum. In doing so. hence cross objections are not maintainable as these were not filed before the District Forum.) COMMENTS (i) Providing cross objections at appellate stage cannot be made applicable to the proceedings under the Act.-Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order. a just and equitable balance has to be maintained between the right secured by the respondent as a result of expiry of the prescribed period of limitation and the injustice of depriving the appellant of a adjudication of his grievances on the merit of his appeal for causes beyond his reasonable control. Kullbhushan. again as per settled law. Though. Arvinder Singh Chawla v. which means the cause in bona fide and beyond the control of the appellant. (Provided further that no appeal by a person. shall be entertained by the State Commission unless the appellant has deposited in the prescribed manner fifty per cent of that amount of twentyfive thousand rupees. any cause which prevents a person from approaching the court within the time is `sufficient cause‘. 2001 (1) CPR 387. in such form and manner as may be prescribed: Provided that the State commission may entertain an appeal after the expiry of the said period of thirty days If it is satisfied that there was sufficient cause for not filing it within that period. whichever is less. yet. Appeal.

Telecom v. who shall have the following qualifications. commerce. Delhi Vidhut Board. Composition of the State Commission. Assistant Finance Officer. appointed by the State Government.-{ 1) Each State Commission shall consist of(a) a person who is or has been a Judge of a High Court. General Manager. and not more than such number of members. and one of who shall be a woman. accountancy. the appellate Court does not interfere with the compensation awarded unless it is too inadequate or too excessive. 2001 (1) CPR 9. 16. (ii) possess a bachelor‘s degree from a recognized university. Namlada v. 1993 (III) CPR 155.the test of a reasonable man in normal circumstances which has to be applied. Suresh Chandra Mittal. who shall be its President: 1[Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court. law. (iii) The appellate fora constituted under the Act should not dismiss the appeal merely on the ground of default of appearance of the appellant but the merits of the case should be considered on the basis of the material available before them and thereafter pass appropriate order in the appeal. Jyantilal Hemchand Gandhi. industry. namely:(i) be not less than thirty-five years of age. integrity and standing. (iv) Ordinarily. 1993 (I) AIR 631. and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics. Pradeep Kumar v. as may be prescribed.] (b) not less than two. and (iii) be persons of ability. public affairs or administration: 37 .

or (e) has. Explanation : For the purposes of this clause.Provided that not more than fifty per cent of the members shall be from amongst persons having a judicial background. as is likely to affect prejudicially the discharge by him of his functions as a member. the expression ―persons having a judicial background‖ shall mean persons having knowledge and experience for at least a period of ten years as a presiding officer at the district level court or any tribunal at equivalent level: Provided further that a person shall be disqualified for appointment as a member. or (f) has such other disqualifications as may be prescribed by the State Government. namely:(i) President of the State Commission -Chairman. or (c) is of unsound mind and stands so declared by a competent court. if he – (a) has been convicted and sentenced to imprisonment for an offence which. incharge of Department [dealing with consumer affairs in the State Member. in the opinion of the State Government. in the opinion of the State Government. (iii) Secretary. such financial or other interest. involves moral turpitude. or (d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government.] 38 . (ii) Secretary of the Law Department of the State -Member.) (1A) Every appointment under Sub-section (1) shall be made by the State Government on the recommendation of a Selection Committee consisting of the following members. or (b) is an undischarged insolvent.

but if the members are equally divided. (ii) A Bench may be constituted by the President with one or more members as the President may deem fit. if there is a majority. including those who first heard it. and make a reference to the President who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more or the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case.Provided that where the President of the State Commission is. the points shall be decided according to the opinion of the majority. whichever is earlier: 39 . by reason of absence or otherwise. they shall state the point or points on which they differ. the members of the State Commission shall be such as may be prescribed by the State Government. (1B) (i) The jurisdiction.) 3[(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.) (2) The salary or honorarium and other allowances payable to. (iii) If the members of a Bench differ in opinion on any point. unable to act as Chairman of the Selection Committee. and the other terms and conditions of service 2[* * *] of. (Provided that the appointment of a member on whole-time basis shall be made by the State Government on the recommendation of the President of the State Commission taking into consideration such factors as may be prescribed including the work load of the State Commission. the State Government may refer the matter to the Chief Justice of the High Court for nominating a sitting Judge of that High Court to act as Chairman. powers and authority of the State Commission may be exercised by Benches thereof.

sec. 3. Ins. subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in Clause (b) of Sub-Section (1) and such re-appointment is made on the basis of the recommendation of the Selection Committee: Provided further that a person appointed as a President of the State Commission shall also be eligible for re-appointment in the manner provided in Clause (a) of Sub-section (1) of this section: Provided also that a member may resign his office in writing under his hand addressed to the State Government and on such resignation being accepted. by Act 50 of 1993. 18-6-1993). 13 (w. by Act 50 of 1993..e f. 1. 13 (w. whichever is earlier. till the completion of his term. (4) Notwithstanding anything contained in sub-section (3). 1993. 2. sec. 18-6-1993). as the case may be.e f.e f. a person appointed as President or as a member before the commencement of the Consumer Protection (Amendment) Act. 13 (w. Ins. sec. shall continue to hold such office as President or member.Provided that a member shall be eligible for re-appointment for another term of five years or up to the age of sixty-seven years. his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in Subsection (1) in relation to the category of the member who is required to be appointed under the provisions of Sub-section (1A) in place of the person who has resigned. Omitted by Act 50 of 1993.] 40 . 18-6-1993).

and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State. or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. the State Commission shall have jurisdiction(a) to entertain(i) complaints where the value of the goods or services and compensation.-Subject to the other provisions of this Act. where there are more than one. ) and (ii) appeals against the orders of any District Forum within the State. if any.) 41 . wholly or in part. actually and voluntarily resides or carries on business or has a branch office or personally works for gain. (2) A complaint shall be instituted in a State Commission within the limits of whose jurisdiction – (a) the opposite party or each of the opposite parties. or carries on business or has a branch office or personally works for gain. Jurisdiction of the State Commission. acquiesce in such institution. where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law. where there are more than one. or (b) any of the opposite parties. actually and voluntarily resides. as the case may be. at the time of the institution of the complaint. provided that in such case either the permission of the State Commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally works for gain. at the time of the institution of the complaint. or (c) the cause of action.17. claimed exceeds rupees 1 [exceeds rupees twenty lakhs but does not exceed rupees one crore . arises.

v. C. (17A. Procedure applicable to State Commissions. with such modifications as may be necessary. 2001 (1) CRP 1. The Consumer Disputes Redressal District Forum. from time to time.) 18. Sh. notify in the Official Gazette. Kotak Mahindra Pvt.v.-2[The provisions of Sections 12. in respect of the same subject matter.) Ltd. Jagannath Constructions Ltd. Transfer of cases . Delhi Development Authority.The State Commission shall ordinarily function in the State Capital but may perform its functions at such other place as the State Government may. 2001 (1) CPR. 128. 13 and 14 and the rules made thereunder] for the disposal of complaints by the District Forum shall. Kataria. (iii) Even if the appeal is not maintainable.On the application of the complainant or of its own motion. (ii) The State Consumer Disputes Redressal Commission has no jurisdiction to entertain complaints regarding the transactions of shops/kiosks having been purchased in auction from the Delhi Development Authority. at any stage of the proceeding. the State Commission can still treat and decide the same as revision in exercise of its power under section 17(b) of the Act.) (17B.COMMENTS (i) If. transfer any complaint pending before the District Forum to another District Forum within the State if the interest of justice so requires. proceedings before the Civil Forum had been instituted prior to the institution of the proceedings before the fora constituted under the Act definitely gets ousted of jurisdiction. Kashyap Constructions (Pvt. M/s. the State Commission may. Circuit Benches .. be applicable to the disposal of disputes by the State Commission. 1991 (II) CPJ 682. 42 . Telecom District Manager v.R. in consultation with the State Commission.M/s. Ltd.

Arisetty Sanyasi Raju v. (Provided further that no appeal by a person. Subs. 3. who is required to pay any amount in terms of an order of the state Commission. sec. ]8-6-1993). by Act 50 of 1993.e. sec. 14 (w. 19. sec. Hindustan Motors Ltd.) (19A Hearing of appeal . Appeals.f. 1992 (I) CPR 689. 15-6-1991). 2.An appeal filed before the State Commission or the National 43 . 18-6-1993).--Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 17 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed: 1. principle in respect of territorial jurisdiction of a State Commission would be governed under the Code of Civil Procedure. shall be entertained by the National Commission unless the appellant has deposited in the prescribed manner fifty per cent of the amount or rupees thirty-five thousand. 3 (w. whichever is less. 15 (w. by Act 50 of 1993. Provided that the National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.e. Ins. However. Subs.e.f.COMMENTS Section 11(2) (c) is not made applicable under section 18 of the Act.f. by Act 34 of 1991..

namely :(i) be not less than thirty-five years of age. shall make such orders as to the costs occasioned by the adjournment as may be provided in the regulations made under this Act: Provided also that in the event of an appeal being disposed of after the period so specified. who shall have the following qualifications.-(I) The National Commission shall consist of(a) a person who is or has been a Judge of the Supreme Court. as the case may be.) 20. to be appointed by the Central Government. 1[Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of India. and one of whom shall be a woman. shall record in writing the reasons for the same at the time of disposing of the said appeal. unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such Commission: Provided further that the State Commission or the National Commission. and 44 . Composition of the National Commission. (ii) possess a bachelor‘s degree from a recognized university. and not more than such number of members. who shall be its President. the State Commission or the National Commission.] (b) not less than four. as the case may be.Commission shall be heard as expeditiously as possible and an endeavour shall be made to finally dispose of the appeal within a period of ninety days from the date of its admission: Provided that no adjournment shall be ordinarily granted by the State Commission or the National Commission. as the case may be. as may be prescribed.

or (c) is of unsound mind and stands so declared by a competent court. accountancy. such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member. commerce. involves moral turpitude. in the opinion of the Central Government. namely . industry. Explanation: . or (f) has such other disqualifications as may be prescribed by the Central Government: l[Provided that every appointment under this clause shall be made by the Central Government on the recommendation of a Selection Committee consisting of the following. or (b) is an undischarged insolvent. 45 . the expression ―persons having judicial background‖ shall mean persons having knowledge and experience for at least a period of ten years as a presiding officer at the district level court or any tribunal at equivalent level: Provided further that a person shall be disqualified for appointment. if he – (a) has been convicted and sentenced to imprisonment for an offence which.For the purposes of this clause. public affairs or administration: Provided that not more than fifty per cent of the members shall be from amongst the persons having a judicial background. or (d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government. integrity and standing and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics. in the opinion of the Central Government. to be nominated by the Chief Justice of India -Chairman.(iii) be persons of ability. law. or (e) has.(a) a person who is a Judge of the Supreme Court.

(b) the Secretary in the Department of Legal Affairs in the Government of India Member. and make a reference to the President who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more or the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case.(c) Secretary of the Department dealing with consumer affairs in the Government of India -Member.) (2) The salary or honorarium and other allowances payable to and the other terms and conditions of service 2[* * *] of the members of the National Commission shall be such as may be prescribed by the Central Government. if there is a majority. (ii) A Bench may be constituted by the President with one or more members as the President may deem fit. whichever is earlier. powers and authority of the National Commission may be exercised by Benches thereof.] (1A) (i) The jurisdiction. including those who first heard it. (iii) If the members of a Bench differ in opinion on any point. the points shall be decided according to the opinion of the majority. but if the members are equally divided. . 3[(3)Every member of the National Commission shall hold office for a term of five years or up to the age of seventy years. whichever is earlier and shall not be eligible for reappointment. subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of 46 . Provided that a member shall be eligible for re-appointment for another term of five years or up to the age of seventy years. they shall state the point or points on which they differ.

-Subject to the other provisions of this Act. Jurisdiction of the National Commission. till the completion of his term. his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation to the category of the member who is required to be appointed under the provisions of sub-section (1A) in place of the person who has resigned.e.18-6-1993). 16 (w. 1993. sec. 47 . Ins.] 21. if any. a person appointed as a President or as a member before the commencement of the Consumer Protection (Amendment) Act. sec. as the case may be. (4) Notwithstanding anything contained in sub-section (3). 16 (w. 18-6-1993). by Act 50 of 1993. the National Commission shall have jurisdiction(a) to entertain(i) complaints where the value of the goods or services and compensation. Omitted by Act 50 of 1993.sub-section (1) and such re-appointment is made on the basis of the recommendation of the Selection Committee: Provided further that a person appointed as a President of the National Commission shall also be eligible for re-appointment in the manner provided in clause (a) of sub-section (1): Provided also that a member may resign his office in writing under his hand addressed to the Central Government and on such resignation being accepted.e.f. 1. 2. shall continue to hold such office as President or member.f.

(1991) I CPR 391. 13 and 14 and the rules made thereunder for the disposal of complaints by the District Forum shall. claimed exceeds rupees l[twenty lakhs]. by Act 50 of 1993. COMMENTS The powers of National Commission are very limited. with such modifications as may be considered necessary by the Commission. when there is an error apparent on the face of record. Telecom Distt. and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law.) (22A. 2[22.. be applicable to the disposal of disputes by the National Commission.18-6-1993). Power to set aside ex parte orders – Where an order is passed by the National 48 . or has acted in the exercise of its jurisdiction illegally or with material irregularity.e.(1) The provisions of sections 12.3. 16 (w. Kangara Ananth Ram v. Power of and procedure applicable to the National Commission. (2) Without prejudice to the provisions contained in sub-section (1).f. Ins. Engineer. or has failed to exercise a jurisdiction so vested. sec. the National Commission shall have the power to review any order made by it. and (ii) appeals against the orders of any State Commission.

the seniormost person among such members. unable to perform the duties of his office. Circuit Benches .Commission ex parte against the opposite party or a complainant.) 49 . at any stage of the proceeding. 22B. Vacancy in the office of the President . is vacant or a person occupying such office is. as the case may be.The National Commission shall ordinarily function at New Delhi and. as the case may be: Provided that where a retired Judge of a High Court is a member of the National Commission. perform its functions at such other place as the Central Government may. notify in the official Gazette. 22C. State Commission. or of the National Commission. as the case may be. transfer any complaint pending before the District Forum of one State to a District Forum of another State or before one State Commission to another State Commission. these shall be performed by the senior most member of the District Forum. in consultation with the National Commission. such member or where the number of such members is more than one. the National Commission may. shall preside over the National Commission in the absence of President of that Commission. from time to time. by reason of absence or otherwise. the aggrieved party may apply to the Commission to set aside the said order in the interest of justice. 22D. Transfer of cases . in the interest of justice. the State Commission or of the National Commission.On the application of the complainant or of its own motion.When the office of President of a District Forum.

may prefer an appeal against such order of the Supreme Court within a period of thirty days from the date of the order: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. Limitation period. (2) Notwithstanding anything contained in sub-section (1). whichever is less. the State Commission or the National Commission. Appeal.-{l) The District Forum. aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 21. the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. the State Commission or the National Commission shall. 3[24A. as the case may be. if no appeal has been preferred against such order under the provisions of this Act. a complaint may be entertained after the period specified in sub-section (1). (Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited in the prescribed manner fifty per cent of that amount or rupees fifty thousand. be final.-Every order of a District Forum.) 24.23. if the complainant satisfies the District Forum. Finality of orders.-Any person. that he had sufficient cause for not filing the complaint within such period: Provided that no such complaint shall be entertained unless the National Commission. the 50 .

3. not complying with such order to be attached. sec. (2) The State Commission shall have administrative control over all the District For a within its jurisdiction in all matters referred to in sub-section (1)]. furnishing of English translation of judgments written in any language. 24. (iii) issuance of instructions regarding adoption of uniform procedure in the hearing of matters.e. sec.e. 19 (w. Ins. 17 (w. Administrative control. 18-6-1993).-{ 1) The National Commission shall have administrative control over all the State Commissions in the following matters. Subs.e. Enforcement of orders by the Forum. by Act 50 of 1993. may order the property of the person. 18-6-1993). by Act 50 of 1993.f.f. 1.f. records its reasons for condoning such delay. speedy grant of copies of documents. by Act 50 of 1993. 24B. prior service of copies of documents produced by one party to the opposite parties. 18-6-1993). 18 (w. as the case may be. the District Forum or the State Commission or the National Commission.State Commission or the District Forum. namely :(i) calling for periodical return regarding the institution. the State Commission or the National Commission. 51 . 2. as the case may be. (iv) generally overseeing the functioning of the State Commissions or the District Fora to ensure that the objects and purposes of the Act are best served without in any way interfering with their quasi-judicial freedom. Subs. disposal.. sec.(1) Where an interim order made under this Act is not complied with. pendency of cases.

the person entitled to the amount may make an application to the Distt.(2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which. the State Commission or the National Commission. the State Commission or. Dismissal of frivolous or vexatious complaints. dismiss the complaint and make an order that the complainant shall pay to the opposite party such cost. the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance. as the case may be. the National Commission is found to be frivolous or vexatious. as the case may be. Forum. (3) Where any amount is due from any person under an order made by a District Forum.-Where a complaint instituted before the District Forum.) 1[26. if the non-compliance continues. it shall. for reasons to be recorded in writing. State Commission or the National Commission. if any. as the case may be. the Redressal Fora should saddle the 52 .] COMMENTS (i) Where the complaint is mala fide. and such District Forum or the State Commission and the National Commission may issue a certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue. to the party entitled thereto. not exceeding ten thousand rupees. as may be specified in the order. vexatious and frivolous and the opposite party has to incur expenses for contesting the complaint. the property attached may be sold and out of the proceeds thereof.

Apollo Tyres Ltd..Apollo Tyres Ltd. New India Insurance Co. 1. 20 (w. parties have a tendency to misuse the provisions of the Consumer Protection Actin respect of matters not falling within its purview. Branch Manager. or with both: 53 . ~994 (1) CPR 23. the complaint cannot said to be frivolous. 18-6-1993).. as the case may be. the State Commission or the National Commission. (iii) Cost can be saddled with only in case of fraudulent or vexatious complaints.. by Act 50 of 1993. 1994 (1) CPR 32. K. Orissa Vegetable Oil Complex Ltd..Where a trader or a person against whom a complaint is made l[ or the complainant] fails or omits to comply with any order made by the District Forum. Rasikalal Mahonlal v.Jayaraman v. 1992 (II) CPR 327. the complain~ cannot said to be frivolous. or with fine which shall not be less than two thousands rupees but which may extend to ten thousand rupees. Ltd. (i) Where the issue involved is a legal issue. The Asstt. 1994 (I) CPR417. The Poona Hospital & Research Centre. (iv) Where the issue involved is a legal issue. such trader or person ([or complainant] shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years. sec. Penalties. (ii) Merely because no court fee is payable for lodging a complaint before the consumer forums. Vihol Jaswant Singh Shivaji v. Rasikalal Mohanjpl v. 1992 (II) CPR 327 27. Subs. State of Orissa.ei. v. This tendency must be discouraged.complainant with costs.

(2) Notwithstanding anything contained in the Code of Criminal Procedure. as the case may be. may entertain an appeal after the expiry of the said period of thirty days. an appeal under section 27. 1973 (2 of 1974). and on such conferment of powers. as the case may be. 1973 (2 of 1974). the District Forum or the State Commission or the National Commission. (2) Except as aforesaid. (b) the order made by the State Commission to the National Commission.) 27A. Appeal against order passed under section 27 – (1) Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974). (3) Every appeal under this section shall be preferred within a period of thirty days from the date of an order of a District Forum or a Sate Commission or. on whom the powers are so conferred. the National Commission: Provided that the State Commission or the National Commission or the Supreme Court. as the case may be. no appeal shall lie to any court from any order of a District Forum or a State Commission or the National Commission. shall be deemed to be a Judicial Magistrate of the first class for the purpose of the Code of Criminal Prodedure. as the case may be. and (c) the order made by the National Commission to the supreme Court. (3) All offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission. shall lie from – (a) the order made by the District Forum to the State Commission. both on facts and on law. the District Forum or the State Commission or the National Commission. it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days. as the case may be. if. shall have the power of a Judicial Magistrate of the first class for the trial of offences under this Act. 54 .

(2) The service of notices may be made by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service as are approved by the District Forum. shall be served in the manner hereinafter mentioned in sub-section (2). or by any other means of transmission of documents (including FAX message). the State Commission or the National Commission or any officer or person acting under the direction of the District Forum. prosecution or other legal proceedings shall lie against the members oft~ District Forum. etc. Protection of action taken in good faith. State Commission or the National Commission. the State Commission or the National Commission. the State Commission or the National Commission. as the case may be. or postal article containing the notice is received back by such District Forum. .CHAPTER IV MISCELLANEOUS 28. the State Commission or the National Commission for executing any order made by it or in respect of anything which is in good faith done or intended to be done by such member.-No suit. 28A. required by this Act to be served. as the case may be. with an endorsement purporting to have been made by a postal employee or by any person authorized by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the 55 . (3) When an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or by the complainant is received by the District Forum. officer or person under this Act or under any rule or order made there under. Service of Notice.(1) All notices.

or for any other reason.-{l) If any difficulty arises in giving effect to the provisions of this Act. within thirty days from the date of issue of notice. as soon as may be after it is made be laid before each House of Parliament. has not been received by the District Forum.) 29. (4) All notices required to be served on an opposite party or to complainant shall be deemed to be sufficiently served. the place where such person actually and voluntarily resides. pre-paid and duly sent by registered post acknowledgment due. by order in the Official Gazette. (3) If any difficulty arises in giving effect to the provisions of the Consumer Protection 56 . as the case may be. as the case may be. Power to remove difficulties. shall declare that the notice had been duly served on the opposite party or to the complainant. Provided that where the notice was properly addressed. the State Commission or the National Commission. if addressed in the case of the opposite party to the place where business or profession is carried and in case of complainant. (2) Every order made under this section shall. a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or mislaid . make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.notice or had refused to accept the notice by any other means specified in Sub-section (2) when tendered or transmitted to him. the District Forum or the State Commission or the National Commission. the Central Government may.

make rules for carrying out the provisions contained in clause (b) of sub-section (2) and sub-section (4) of section 7]. clause (b) of sub-section 57 . 15-6-1991). sub-section (2) of section 20 and section 22 of this Act. sec. by Act 34 of 1991.] 30. Ins. section 19.f.the Central Government may.-{I) The Central Government may. 22 (w. clause (vi) of subsection (4) of section 13. I. 18-6-1993). by notification. by Act 50 of 1993. 3. sub-section (2) of section 5. 18-6-1993).-No act or proceeding of the District Forum. make rules for carrying out the provisions contained in 3[clause (a) of sub-section (1) of section 2] clause (b) of sub-section (2) of section 4. 2. by order. 2[29A.e. Ins. the State Commission or the National Commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.(Amendment) Act. by notification. 4 (w.f. by Act 50 of 1993. 2002. sec. do anything not inconsistent with such provisions for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of the Consumer Protection (Amendment) Act. sec. 2002 . (4) Every order made under sub-section (3) shall be laid before each House of Parliament). clause (b) of sub-section (2) and sub-section (4) of section 8A.f. Vacancies or defects in appointment not to invalidate orders.e. 21 (w. Ins.e. Power to make rules. (2) The State Government may.

as soon as may be after it is made. clause (hb) of sub-section (1) and sub-section (3) of section 14.(1) and sub-section 13. (2) In particular and without prejudice to the generality of the foregoing power. with the previous approval of the Central Government. by notification. 30A. which a party may be ordered to pay.--{I) Every rule and every regulation made under this Act shall laid. before each House of Parliament. Rules and regulations to be laid before each House of Parliament. section 15 and clause (b) of sub-section (1) and sub-section (2) of section 16 of this Act.(1) The National Commission may. so. (2) Every rule made by a State Government under this Act shall be laid as soon as may 58 . the State Commission or the National Commission. before the-expiry of the session immediately following the session or the successive sessions aforesaid.).) 31. as the case may be. for a total period of thirty days which may be comprised in one session or in two or more successive sessions. make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. however. while it is in session. that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. such regulations may make provisions for the cost of adjournment of any proceeding before the District Forum. as the case may be. and if. both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation shall thereafter have effect only in such modified form or be of no effect. Power of the National Commission to make regulations .

ByAct50of993.f. unless the context otherwise requires(a) "Act" means the Consumer Protection Act.1993) THE CONSUMER PROTECTION RULES. before the State Legislature. (d) "chairman" means a chairman of the Central Consumer Protection Council established under sub-section (1) of the section 4 of the Act. appeal or reply on its behalf before the National Commission. (h) "respondent" means the person who answers any memorandum of appeal.-In these rules. 1986 (68 of 1986).e. (b) "agent" means a person duly authorised by a party to present any complaint. (2) They shall come into force on the date of their publication in the Official Gazette. (f) "opposite party" means a person who answers complaint or claim. Central Government hereby makes the following rules.6. 1987. 59 . extent and commencement.-{l) These rules may be called the Consumer Protection Rules. 1986 (68 of 1986).Ins. (g) "president" means the President of the National Commission. (c) "appellant" means a party which makes an appeal against the order of the State Commission.sec. 19871 In exercise of the powers conferred by sub-section (1) of section 30 of the Consumer Protection Act. (i) "section" means section of the Act.be after it is made. 1.8. Definitions. namely:1. 2. Short title. (j) "state" includes Union territories also. (e) "memorandum" means any memorandum of appeal filed by the appellant.22(w.

Published in the Gazette of India. 1995 (w. Ins.e.(k) words and expressions used in the rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act. not exceeding 150. (2) The State Government on receiving the application from the applicant. Pt. Extra. dated 30th August. Sec. The Constitution of the Central Consumer Protection Council and the Working Groups. 2. in triplicate. the applicant shall send application.R. State Governments to recognise a laboratory as an appropriate laboratory. dated 15April.{l) The Central Government shall. The fee charged by the Bureau of Indian Standards.-{l) For the purpose of obtaining recognition as an appropriate laboratory. Council) which shall consist of 1[the following members.f.S. 30-8-1995). 3(i). shall forward its two copies to the Bureau of Indian Standards to assess the suitability of the laboratory from the standards prescribed by them (Bureau of Indian Standards). by G. by notification in the official Gazette constitute the Central Consumer Protection Council (herein after referred to as the Central 1. 605 (E). in the proforma prescribed by the Bureau of Indian Standards with the relevant details to the Department concerned with the consumer protection work in the State Government. 1986 for a period of three years. shall notify that laboratory as an "appropriate laboratory" for the purpose of Consumer Protection Act. II. for this purpose. shall be paid by the applicant.1987. (3) The State Government on receiving the recommendations and approval of the Bureau of Indian Standards. 2[2A. namely:-] 60 .] 3.

(i) representatives of farmers. (b) the Minister of State (where he is not holding independent charge) or Deputy Minister2[in charge of Consumer Affairs in the Central Government] who shall be the Vice-Chairman of the Central Council. trade and industries-not exceeding twenty. (2) The term of the Council shall be three years. (j) persons capable of representing consumer interest not specified above-not exceeding fifteen. (g)representatives of the Consumer Organisations or consumers-not less than thirty-five. (d) eight Members of Parliament-five from the Lok Sabha and three from the Rajya Sabha. (3) Any member may. (h) representatives of women-not less than ten. shall be filled from the same category by the Central Government and such person shall hold office so long as the 61 . so caused or otherwise. (c) the 3[***] Minister in-charge of Consumer Affairs in States. by writing under his hand to the Chairman of the Central Council.(a) 2[the Minister in-charge of Consumer Affairs in the Central Government] who shall be the Chairman of the Central Council. (f)representatives of the Central Government Departments and autonomous organisations concerned with consumer interests-not exceeding twenty. resign from the Council. (k) the4[Secretary in-charge of Consumer Affairs in the Central Government] shall be the member-secretary of the Central Council. The vacancies. 2[(e) the Secretary of the National Commission for Scheduled Castes and Scheduled Tribes].

27-2-1997). 1993 (w. dated 27th February.S.f. not less than ten days from the date of issue. by G. The Standing Working Group shall consist of not exceeding 30 members and shall meet as and when considered necessary by the Central Government.R. (3) Every notice of a meeting of the Central Council shall specify the place and the day 1. 2. 62 . dated 27th February. by G. 4. dated 27th February.R. 1997 (w. 5. 27-2-1997). 3.ei. 1997 (w. 30-12-1993). Ins.R.ei.R. 95(E). under the chairmanship of the Member Secretary of the Council. by G. the Vice-Chairman shall preside over the meeting of the Central Council.S. if the vacancy had not occurred. dated 30th December. Subs. the Central Government may constitute from amongst the members of the Council. dated 27th February. 800 (E).and to suggest the working of the Council.S. 27-2-1997).R.-Under sub-section (2) of section 5. 95(E).e.member whose place he fills would have been entitled to hold office.f. (2) Each meeting of the Central Council shall be called by giving. In the absence of the Chairman.S. 1997 (w. 95(E). and hour of the meeting and shall contain statement of business to be transacted thereat. Subs. notice in writing to every member. Omitted by G. Subs.e. 95(E). the Central Council shall elect a member to preside over that meeting of the Council. the Central Council shall observe the following procedure in regard to the transaction of its business.ei. 27-2-1997). by G. In the absence of the Chairman and the Vice-Chairman. 1997 (w.(1) The meeting of the Central Council shall be presided over by the Chairman. a Standing Working Group. 5[(4) For the purpose of monitoring the implementation of the recommendations of the Central Council. Procedure of the Central Council.S.] 4.

(5) For the purpose of performing its functions under the Act.The working days and office hours of the National Commission shall be the same as that of the Central Government. the Central Council may constitute from amongst its members.. 6. such working groups as it may deem necessary and every working group so constituted shall perform such functions as are assigned to it by the Central Council. The findings of such working groups shall be placed before the Central Council for its consideration. Local non-official members shall be paid actual conveyance.] (7) The resolution passed by the Central Council shall be recommendatory in nature. 75. Place of the National Commission. Members of Parliament shall be entitled to travelling and daily allowances at such rates as are admissible to such members. Working days and office hours of the National Commission.The office of the National Commission shall be located in the Union Territory of Delhi. Outstation non-official members shall be entitled to a daily allowance of one hundred rupees per day for attending the meetings of the Central Councilor any working group. I [(6) The non-official members shall be entitled to first class or second Air-Conditioned by all trains (including Rajdhani Express) to and fro Railway fare or actual mode of travel whichever is less.00 per day irrespective of the classification of the city. 63 .(4) No proceedings of the Central Council shall be invalid merely by reasons of existence of any vacancy in or any defect in the constitution of the Council. hire charges subject to a ceiling of Rs. 5..

if the examination of such books. documents or commodities are required for the purpose of this Act. 10. 9.( I) The National Commission. Staff of the National Commission. the State Commission or the District Forum. The salary payable to such staff shall be defrayed out of the Consolidated Fund of India.-The sitting of the National Commission as and when necessary.The official seal and emblem of the National Commission shall be such as the Central Government may specify.The Central Government shall appoint such staff as may be necessary to assist the National Commission in its day to day work and to perform such other functions as are provided under the Act and these rules or assigned to it by the President.. shall be convened by the President. 8. and allow to be examined and kept by an officer of the National Commission. such books..7.(a) to produce before. State Commission and District Forum. accounts. the State Commission and the District Forum shall have power to require any person. documents or commodities in the custody or under the control of the person so required as may be specified or described in the requisition. accounts. as the case may be. Seal and emblem. 64 . Additional powers of the National Commission. specified in this behalf. Sitting of the National Commission.

are being or may be. Such authorised officer may also seize such books. (b) The National Commission.f. as soon as it is made or within a period not exceeding 72 hours of making such seizure . (2)(a) Where during any proceedings under this Act. allowances and other perquisites as woe available to a sitting Judge of the Supreme Court and other members. the State Commission or the District Forum. on examination of such seized documents or commodities. dated 21st November. it may. the State Commission or the District Forum as the case may be. destroyed. as the case may be. documents or commodities as are required for the purpose of this Act: Provided that such seizure shall be communicated to the National Commission.-I[(I) The President of the National Commission shall be entitled to salary.(b) to furnish to an officer so specified. Subs. 1995 (w.S. as the case may be. may order the retention thereof or may return it to the party concerned. 65 . the State Commission or the District Forum. has any ground to believe that any book. 11. 1. 21-11-1995). as the case may be. shall receive a consolidated honorarium of 2[ten thousand rupees] per month or if sitting on part-time basis. the National Commission.R. by written order. 759(£). commodity or document which may be required to be produced in such proceedings. altered. such information as may be required for the purpose of this Act. authorise any officer to exercise the power of entry and search of any premises. a consolidated honorarium of 2[five hundred rupees] per day of sitting]. paper. mutilated. by G. if sitting on whole-time basis. honorarium and other allowances of the President and Members of the National Commission.e. papers. Salaries.after specifying the reasons in writing for making such seizure. falsified or secreted.

R.(a) by writing under his hand and addressed to the Central Government resign his office at any time. the President and a member of the National Commission shall have to take an undertaking that he does not and will not have any such financial or other interest as is likely to affect prejudicially his functions as such member. as the case may be. 3[(2A) The president and tl1e members of the National Commission shall be entitled to conveyance allowance of one hundred fifty rupees per day of its sitting or a sum of one thousand and five hundred rupees per month. by G.(2) The President and the members shall be entitled to travelling and daily allowances on official tours at the same rates as are admissible to group' A "officers of the Central Government. 1987 (w. 4[(2) Every member oftl1e National Commission shall hold office for a term of five years or up to the age of seventy years.-(1) Before appointment.] (3) Notwithstanding anything contained in sub-rule (2) the President or a member may. (5) A casual vacancy caused by resignation or removal of the President or any other 1 Subs. (b) be removed from his office in accordance with the provisions of rule 13.S.e. and oilier allowances shall be defrayed out of the Consolidated Fund of India. as may be opted by them. whichever is earlier and shall not be eligible for reappointment. Terms and conditions of service of the President and members of the National Commission.t: 14-7-1987). dated 14th July. 12. 66 .] (3) The honorarium or the salary. 658(E). (4) The terms and conditions of service of the President and tl1e members shall not be varied to their disadvantage during tl1eir tenure of office.

shall discharge the functions of the President until the day on which the President resumes the charge of his functions. if authorised so to do by the President in writing. illness or any other cause. Ins.e. 1998 (w.t: 24-2-1998). in the opinion of the Central Government. 88(E).(a) has been adjudged as an insolvent. Removal of President or members from office in certain circumstances. or (e) has so abused his position as to render his continuance in office prejudicial to the 67 . or (c) has become physically or mentally incapable of acting as the President or the member.] 2[(7) The President or any member ceasing to hold office as such shall not hold any appointment in or be connected with the management or administrations of an organisation which have been the subject of any proceeding under the Act during his tenure for a period of 5 years from the date on which he ceases to hold such office]. Subs. or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the President or a member.S.e.e. dated 22nd June. 1[(6) When the President of the National Commission is unable to discharge the functions owing 10 absence.t: 22-6-1994). 4. 1994 (w. the senior most member of the National Commission with judicial background.t: 24-2-1998).R. by G.R.R. 13. 3. who.2. 1998 (w. Subs. 88(E). by G. or (b) has been convicted of an offence which. member of the National Commission under sub-rule (3) or otherwise shall be filled by fresh appointment. dated 24th February. dated 24t11 February. the President or any member.S.-{l) The Central Government may remove from office. involves moral turpitude. by G.S. 522(E).

dated 27th February.f. 1997 (w. 95(E). (8) and (9) of Rule 12.R.S. the :President or any member shall not be removed from his office on the grounds specified in S[clauses (d).public interest 3[. I. addressed to the National Commission:(a) the name. 95(E). 1991(w. Procedure to be followed by the National Commission.R.R. 1997 (w.S. 14-8-1991). No. 27-2-1997). 27-2-1997). (c) the facts relating to the complaint and when and where it arose. description and address of the opposite party or parties. by G.R. 3.e. 5.e.f.e. dated 14th August. Subs.f. 4. 95(£). (e) the relief which the complainant claims.] (2) Notwithstanding anything contained in sub-rule (1). 27-2-1997). 95(E). 27-2-1997). Added by G. 14.-{l) A complaint containing the following particulars shall be presented by the complainant in person or by his agent to the National Commission or be sent by registered post. (e) and (f)] of that sub-rule except on an inquiry held by Central Government in accordance with such procedure as it may specify in this behalf and finds the President or a member to be guilty of such ground.e. dated 27th February. Ins. description and the address of the complainant. 2.R.f. so far as they can be ascertained.or] 4[ (f) remain absent in three consecutive sittings except for reasons beyond his control. omitted and sub-rule (10) re-numbered as subrule (7) by G. Sub-rules (7).S. 68 . 1997 (w.S. by G. 1997 (w. by G. 533(E).f.e. dated 27th February. (d) documents in support of the allegations contained in the complaint.S. (b) the name. Subs. as the case may be. dated 27th February.

(3) On the date of hearing or any other date to which hearing could be adjourned. The National Commission shall also have the power to direct that any order passed by it. on such terms as it deems fit and at any stage of the proceedings. Where the complainant or his agent fails to appear before the National Commission on such days. be published in the Official Gazette or through any other media and no legal proceedings shall lie against the National Commission or any media for such publication. as the case may be. follow the procedures laid down in sub-sections (1) and (2) of section 13 in relation to the complaint received by the District Forum. 69 . it shall be obligatory on the parties or their agents to appear before the National Commission. as far as possible. where no appeal has been preferred under section 23 or where the order of the National Commission has been affirmed by the Supreme Court under that section. it shall issue orders to the opposite party or parties. adjourn the hearing of the complaint but the complaint shall be decided as far as possible within a period of three months from the date of notice received by opposite party where complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities. the National Commission may in its discretion either dismiss the complaint for default or decide it on merits. (4) The National Commission may. in disposal of any complaint before it. Where the opposite party or its agent fails to appear on the date of hearing the National Commission may decide the complaint ex-parte. (5) If after the proceedings conducted under sub-rule (3).(2) The National Commission shall. directing him or them to take one or more of the things as mentioned in sub-section (1) of section 14. the National Commission is satisfied with the allegations contained in the complaint.

If appellant or his agent fails to appear on such date. it shall be obligatory for the parties or their agents to appear before the National Commission. If the respondent or his agent fails to appear on such date.-(I) Memorandum shall be presented by the appellant or his agent to the National Commission in person or be sent by registered post addressed to the Commission. (3) Each memorandum shall be accompanied by a certified copy of the order of the State Commission appealed against and such of the documents as may be required to support grounds of objection mentioned in the memorandum. (7) The appellant shall not. except by leave of the National Commission. (2) Every memorandum filed under sub-rule (1) shall be in legible handwriting preferably typed and shall set forth concisely under distinct heads. Procedure for hearing the appeal. (5) The appellant shall submit six copies of the memorandum to the Commission for official purpose. (6) On the date of hearing or on any other day to which hearing may be adjourned. the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively. (4) When the appeal is presented after the expiry of the period of limitation as specified in the Act. urge or be heard in support of any ground of objection not set forth in the memorandum but the National 70 . the memorandum shall be accompanied by an application supported by an affidavit setting forth the facts on which the appellant relies to satisfy the National Commission that he has sufficient cause for not preferring the appeal within the period of limitation. the National Commission shall proceedex-parte and shall decide the appeal on merits of the case. the National Commission may in its discretion either dismiss the appeal or decide ex-parte on merits.15.

but not more than one adjournment shall ordinarily be given and the appeal should be decided as far as possible. has been given.Commission. 2[l5A. in deciding the appeal. an opportunity of being heard by the National Commission. Sitting of the National Commission and signing of orders. may not confine to the grounds of objection set forth in the memorandum: Provided that the Commission shall not rest its decision on any other ground other than those specified in the memorandum unless the party who may be affected thereby.-(I) Every proceeding of the National Commission shall be conducted by the President 3[or the senior most member authorised under rule 12] and at least two members thereof sitting together: Provided that where the member or members for any reason are unable to conduct the proceeding till it is completed. the President 3[or the senior most member authorised under rule 12] shall conduct such proceeding de novo. (8) The National Commission. adjourn the hearing of the appeal. within 90 days from the first date of hearing. (2) Every order made by the National Commission shall be signed by the President 3[or the senior most member authorised under rule 12] and at least two members who conducted the proceeding and if there is any difference of opinion among themselves. 1[(9) The order of the National Commission shall be communicated to the parties concerned free of cost]. on such terms as it may think fit and at any stage. the opinion of majority Shall be the order of the National Commission: Provided that where the proceeding is conducted by the President 3[ or the senior most 71 .

533(E). they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and such point or points shall be decided accordingly to the opinion of the majority of the National Commission.e.member authorised under rule 12] and three members thereof and they differ on any point or points.] 1.R. 3.S. dated 14th August.S. Ins.R.f. 1991 (w. Ins. 14-8-1991). 72 . 1991 (w. by G. 95(E). Subs. dated 27th February. 1997 (w. 2.R 533(E) dated 14th August. by G.e. 14-8-1991).f. by G. 27-2-1997).f.S.e.

Consumers. ‗Consumer is sovereign‘ and ‗customer is the king‘ are nothing more than myths in the present scenario particularly in the developing societies. 73 . In addition. which affect the consumer in even bigger way. are demanding value for money in the form of quality goods and better services. But the fact of life is that the consumers are still victims of unscrupulous and exploitative practices. deceptive advertisements. plastic money etc.economic programme to be persued by the government as well as the business as the satisfaction of the consumers is in the interest of both. clients and customers world over. deficient services. however. black marketing and many more. In this context. Exploitation of consumers assumes numerous forms such as adulteration of food. However. dubious hire purchase plans. high prices. spurious drugs.. legal structure and administrative framework. has a primary responsibility to protect the consumers‘ interests and rights through appropriate policy measures. with revolution in information technology newer kinds of challenges are thrown on the consumer like cyber crimes. it has been realised and rightly so that the Consumer protection is a socio. hazardous products. the government.CONSUMER PROTECTION IN INDIA SOME REFLECTIONS The growing interdependence of the world economy and international character of many business practices have contributed to the development of universal emphasis on consumer rights protection and promotion. poor quality. availability and safety of goods and services. Modern technological developments have no doubt made a great impact on the quality.

But with the growth of trade and its globalization the rule no more holds true. He said: ―A Consumer is the most important visitor on our premises. The maxim relieved the seller of the obligation to makedisclosure about the quality of the product. As a result buyer is being misled. it is only the producer /seller who can assure the quality of goods. who according to him should be the principal beneficiary of the consumer movement. attached great importance to what he described as the ―poor consumer‖. Mahatma Gandhi.CONSUMERISM: CONCEPTUAL CONSIDERATION In the good olden days the principle of ‗Caveat emptor‟. It is now impossible for the buyer to examine the goods before hand and most of the transactions are concluded by correspondence. We are not doing a favour to a consumer by giving him an SOME REFLECTIONS 5 opportunity. He is not dependent on us we are on him. He is doing us a favour by giving an opportunity to serve him. duped and deceived day in and day out. Further on account of complex structure of the modern goods. In the era of open markets buyer and seller came face to face. seller exhibited his goods. He is not an interruption to our work. he is the purpose of it.‖ 74 . With manufacturing activity becoming more organised. the personal relation between the buyer and the seller was one of the major factors in their relations. In addition. It was assumed that he would use all care and skill while entering into transaction. the producers / sellers are becoming more strong and organised whereas the buyers are still weak and unorganised. In the age of revolutionised information technology and with the emergence of e-commerce related innovations the consumers are further deprived to a great extent. buyer thoroughly examined them and then purchased them. the father of nation. which meant buyer beware governed the relationship between seller and the buyer.

methods or standards of 1 The new Shorter Oxford Dictionary. consumer protection. testing facilities. competent leadership. The providers of goods and services have been reluctant to give due consideration to consumer interest protection. The word ―Consumerism‖ is also used in pejorative sense meaning ‗preoccupation with consumer goods and their acquisition. ―Consumerism is a movement or policies aimed at regulating the roducts or services. 75 .490. The Chamber‘s Dictionary (1993) defines Consumerism as the protection of the interests of the buyers of goods and services against defective or dangerous goods etc. has assumed greater importance and relevance. It encompasses the set of activities of government. 1993. Consumerism is all about protection of the interests of the consumers1. access to variety of goods at competitive prices. p.Inspite of these views consumerism is still in its infancy in our country. Consumer awareness is own due to the apathy and lack of education among the masses. price control mechanism. though as old as consumer exploitation. consumer education etc. Consumerism is a recent and universal phenomenon. and adequate quasi judicial machinery.‘ However. its use in the present work is in a positive sense. thanks to the sellers market and the government monopoly in most services. independent organisations and concerned consumers that are designed to protect the rights of consumers‖. According to McMillan Dictionary (1985) ―Consumerism is concerned with protecting consumers from all organisations with which there is exchanged relationship. No one has told them about their rights – to be informed about product quality. It is a social movement. What consumerism lacks here is education and information resources. In present situation. business. protection against unsafe products. price.

Voluntary Consumer Organisations engaged in organising consumers and encouraging them to safeguard their interests is another important element of consumer movement. Consumer must be aware of his rights. Consumers‘ satisfaction will benefit not only business but government and society as well. business and independent organisations designed to protect rights of the consumers. restitution and remedy for their dissatisfaction and frustration with the help of their all organised or unorganised efforts and activities. The success of consumerism lies in the realisation of the business that 76 . It is a collective consciousness on the part of consumers.manufacturers. raise voice against exploitation and seek redressal of his grievances. in-fact a social movement seeking to protect the rights of consumers in relation to the producers of goods and providers of services. statutory or embodied in a voluntary code occupied by a particular industry or it may result more indirectly from the influence of consumer organisations‖2 As commonly understood consumerism refers to wide range of activities of government. First and foremost is self-protection by consumers. government and civil society to enhance consumers‘ satisfaction and social welfare which will in turn benefit all of them and finally make the society a better place to live in. sellers and advertisers in the interest of buyers. business. such regulation may be institutional. Consumers‘ consciousness determines the effectiveness of consumerism. It is. So consumerism should not be considered as consumers‘ war against business. Consumer is the focal point of any business. There are various components of consumerism. It is the duty of the consumer to identify his rights and to protect them. In-fact consumerism today is an all-pervasive term meaning nothing more than people‘s search for getting better value for their money. Consumerism is a process through which the consumers seek redress.

History of protection of Consumer‘s rights by law has long been recognised dating back to 1824. April 9. legal. Clothing and Shelter) were added. They are (i) right to choice. Ford added one more right i. Further other rights such as right to healthy environment and right to basic needs (Food. p.S. SOME REFLECTIONS 7 there is no substitute for voluntary self-regulations.S. Every year the 15th of March is observed as the World Consumer Rights Day. Ralph Nader. the well-known American Advocate. Some businesses in India have come together to adopt a code of conduct for regulating their own activities. In India we have recently started celebrating 24th December every year as the National Consumer Rights Day. Congress to accord its approval to the Consumer Bill of Rights. right to consumer education. On that day in 1962 President John F. moral and economic pressure on producers and providers in some of the developed countries. Kennedy of U. (ii) right to information. (iii) right to safety and (iv) right to be heard. Regulation of business through legislation is one of the important means of protecting the consumers. Consumer Protection: International Scenario One could be forgiven for thinking that consumerism was largely invented by Mr. Micropaedia). III. Vol. Consumerism has over the time developed into a sound force designed to aid and protect the consumer by exerting. President Gerald R.2 Encyclopaedia Brittannica. Little attention from the business will not only serve consumers‘ interest but will also benefit them. called upon the U. 1985 is a very significant date for it was on that day that the General Assembly of the United Nations adopted a set of general guidelines3 for consumer protection and the Secretary General of the United 77 . In the history of the development of consumer policy.e. .108.

vi. Distribution facilities for consumer goods and services. educational levels and bargaining power and bearing in mind that consumers should have the right of access to non hazardous products as well as the importance of promoting just. Measures relating to specific areas (food. iv. Though not legally binding.N. ii. political and economic circumstances. These guidelines constitute a comprehensive policy framework outlining what governments need to do to promote consumer protection in following seven areas: i. iii. Protection and Promotion of the consumer economic interest. Measures enabling consumers to obtain redress. guidelines for Consumer Protection can assist in the identification of priorities particularly in the light of emerging trends in a globalised and liberalised world economy. Physical safety. These guidelines were adopted recognizing that consumers often face imbalances in economic terms. the guidelines provide an internationally recognised set of basic objectives particularly for governments of developing and newly independent countries for structuring and strengthening their consumer protection policies and legislations.Nations was authorised to persuade member countries to adopt 3 General Assembly Resolution 39/ 85 these guidelines through policy changes or law. Standards for the safety and quality of consumer goods and services. The U.N. v. On reexamination 78 . equitable and sustainable economic and social development. guidelines were never intended to be a static document and required to be revisited in the changed social. These U. water and pharmaceuticals) and vii Consumer education and information programme.

‖ There cannot be a better expression championing the cause of sustainable consumption. marketing and advertising practices as well as safety and quality of goods and services lend themselves to consumer monitoring and campaigning. guidelines in 1999 ― sustainable consumption ‖ was also included in the list which is certainly an important step in this direction. Rules adopted for corporations trading in OECD countries for the protection of the interests of consumers can now also be applied to their conduct for the protection of the interests of the consumers in non-OECD countries. 1986.N. It would perhaps be SOME REFLECTIONS 9 apt to highlight that long back Mahatma Gandhi said that‖ the rich must live more simply so that the poor may simply live. Before moving in the direction of consideration of provisions of the Consumer Protection Act. other forms of production. These factors are as follows: available. in advertising and ch modern technology has made 79 . A new investment guideline from the OECD spells out principles to be applied by multinational corporations dealing with consumers. Possibilities for action include twinning arrangements in which groups from non.of U. perhaps it would be better to summarise the factors responsible for legislations to protect consumer‘s rights. which deal with fair business. The Guidelines. system.OECD countries work with groups from the home countries of multinational corporations to hold them accountable for failure to adhere to the Guidelines. It may not be out of place to mention that the increased internationalisation of cooperation is also a part of the globalisation process.

Limitation. 1872. Industries (Development and Regulation) Act. Prevention of Food Adulteration Act. Telegraphs. Entertainment. Medicine. Cigarettes (Regulation of Production. 1954. Air Travel. Motor Vehicles. Engineering. There is no limit to subjects. Electricity. Be it as it may. Supply and Distribution) Act. Drug and Magic Remedies (Objectional Advertisement) Acts. Indian Contract Act. In addition. 1972. Railways. 1986. 1958. 1952. It may be mentioned at the outset that any one interested in the task of consumer protection movement has to be well versed in various laws and not merely with the Consumer Protection Act. and relationship of buyer and seller as a result of mass marketing Consumer Protection Act. Hire purchase Act. Tort. Tourism Agencies. Central Excise. Sales Tax. one should also be well versed with the laws relating to unfair trade practice and restrictive trade practices. Trade and Merchandise Marks Act. 1951. Housing. which may come before a Consumer Forum / Commission for decision. Banking. Drugs Control Act. methods. Hotel Industry. Insurance. 1950. 1986: Some Reflections. Indian Standards Institution (certification marks) Act. 1954. 1955. such as. He should have knowledge of laws relating to Contract. 1860. 1975. In India various Acts intended to protect the consumers against different forms of exploitation were enacted. Finance. Essential commodities Act. Water. Telephones. 80 . Post. Transport etc. the Indian Penal Code. Cooperative Societies.

Inspite of these Acts the consumers did not have any effective mechanism or institutional arrangement for the speedy redressal of their grievances and also the lack of effective popular movement isolated the consumer and his plight only increased. The committee framed the new Competition Policy which proposed repeal of Monopolies and Restrictive trade Practices Act. 2002. careless providers of services. SOME REFLECTIONS 11 Except for the Monopolies and Restrictive Trade Practices (MRTP) Act (now repealed) all the other Acts were mainly punitive and preventive in nature.Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act. 1984. 1985. 1985. 1969 has been repealed. On recommendation of the Committee the Competition Act was passed and the Monopolies and Restrictive Trade Practices Act. A high level Committee was constituted in October 1999 under the Chairmanship of Shri SVS Raghavan. 1969 and enactment of a new Competition Law and establishment of a regulatory authority Competition Commission for implementation of Competition Act. 1981. 1980. Seeing the pressure mounting from various consumer protection groups and the consumer themselves the Parliament enacted the Consumer Protection Act in 1986. 81 . which submitted its eport on May 2000. The consumer could not seek remedy or redressal against the offending trader or manufacturer and negligent. A latest addition to the list of legislations is the Competition Act. 1940. However the MRTP Commission enabled the consumer to approach it in case of complaints. 1930. Multi-State-Cooperative Societies Act. and Narcotic Drugs and Psychotropic Substances Act. Standard of Weights and Measures (Enforcement) Act. Agriculture Produce (Grading and Marketing) Act. 1837 and Drugs and Cosmetics Act. Essential commodities (Special Provisions) Act. Some significant consumer protection enactments of pre-independence time are the Sale of Goods Act.

The Competition Act is a comprehensive legislation. to make provision for the establishment of Consumer Councils and other authorities for the settlement of consumer disputes. The provisions of this Act are intended to provide effective and efficient safeguards to the consumers against various types of exploitations and unfair dealings. · Advocacy of competition policy. The legislative intention behind this Act is to clear all hurdles in promoting competition among business units whether of domestic or foreign origin. Objectives of the Act The purpose of the Act is to provide for the establishment of the Commission : · To prevent practices having adverse effect on competition. · Prohibition against abuse of dominant position. This is indeed a very unique and highly progressive piece of Social Welfare Legislation. · To promote and sustain competition in markets. Unlike other laws. which deals with matters of competition and monopolies. in India The major focus of the Act is on the following areas: · Prohibition of anti competitive agreements. · Regulation of combinations. · To protect the interests of consumers and · To ensure freedom of trade carried on by other participants in the markets. 82 . The Consumer Protection Act of 1986 was enacted with an objective to provide better protection of the interests of the Consumers.

A number of deficiencies and shortcoming in respect of its operation have come to light thereby requiring amendments thrice. still leaving scope for further improvements. the provisions of the Act are compensatory. 83 . which provides more effective protection to the consumers than any corresponding legislation in force in countries. It is a matter of great satisfaction that we can legitimately boast that we now have in our country a statute. the parallel of which has not been seen anywhere else in the world‖. Despite all this it is a handy weapon for consumers to ensure accountability of producers of goods and providers of services.which are basically punitive or preventive in nature. In the International Conference on Consumer Protection held in Malaysia in 1997. CPA has SOME RFLECTIONS 13 been in operation for about 18 years. the Indian Consumer Protection Act was described as one ―which has set in motion a revolution in the field of consumer rights. which are considered to be much more advanced and industralised.

the draft competition law and competition provisions contained in the media legislation of Singapore. and much has been said over how competition law can help in making the markets work more effectively. graduating to a leading research and advocacy group and a technical assistance provider to governments and 84 . or reviewed and amended their old laws or adopted new ones in recent years. what are the problems that countries are facing in the implementation process and how to better it. ensuring that gains from deregulation do not accrue to private parties alone. and many other examples as evidence of this trend. We can quote India‘s new Competition Act. increasing consumer welfare. promoting innovation and good governance. to achieve the objectives which have been set out at the beginning. the current code on takeovers and mergers in Malaysia. the merger notification requirements recently introduced in China. In Asia for instance. Most countries in the region are either drafting or have introduced some form of competition law. CUTS has been involved in competition issues.STATUS OF COMPETITION LAWS AND THEIR IMPLEMENTATION IN THE ASIA-PACIFIC REGION: A BRIEF REPORT Introduction It is no longer an issue whether a competition law is needed for countries in their economic development path. and most critically aiding the poverty eradication efforts. More importantly one needs to look into matters of practical nature: how the law is being implemented. Since 1984. competition has emerged as a major policy reform area. The issue has received a great deal of attention in recent times.

It primary membership comprises of consumer organisations. India. Laos. The project is being implemented by CUTS. it will serve as a primer on competition laws around the world covering nearly 100 countries. Nepal. The goal being promotion of a healthy competition culture around the world. Involvement of CUTS Currently CUTS is implementing a comparative research project in five developing countries of Asia (7Up2): Bangladesh. Each one of them is considering the adoption of a competition law.other stakeholders on the subject. Expected to be published in January 2005. All of them do not have a competition regime. South Africa. One of the goals of this project was the establishment of an international advocacy group. which currently serves as the hub of the virtual network. International Network of Civil Society Organisations on Competition (INCSOC). with varying intensity. This project follows the success of a path-breaking research project covering seven developing countries (7Up1): Pakistan. INCSOC is currently engaged in a project on developing a ―Citizens‘ Report on the State of Competition Law in the World‖ through a purely voluntary effort of membership. Kenya and Zambia. 85 . The current total membership is about 96 in 52 countries. which throws up considerable challenges. and Vietnam. advocacy groups. Sri Lanka. research institutions and parliamentarians. Two competition authorities are also associate members. Tanzania. Cambodia.

Comprising of about 45 countries. The paper. divided into five different sub-regions. we do a comparative review on the current state of play as regards competition laws in the Asia Pacific region as well as the motives which lead to the adoption of the law. and indeed it reflects rather clearly. The newly industrialised countries as well as some of the rich oilexporting countries are also part of this region. some 20 plus have enacted a relatively full-fledged competition law. Nepal and Bangladesh. but it also houses many least developed countries like the Lao People‘s Democratic Republic. we hope to draw out some interesting features for a deeper study in the future. In this paper. This diversity cannot be ignored. it is home to a few of the most developed countries in the world. Out of the 45 countries in the region. Countries like Bhutan. Nepal. The law and the motivations The Asia-Pacific region is one of the regions in the world with the largest diversity. Vietnam. and Singapore do have a draft 86 . With this thumbnail sketch. or on its amendments or on adoption of a new law. especially when the task is to cover a vast region with countries at various levels of development in a few pages. has no ambition to attend to each and every detail of such a big topic. like Japan and Australia. when we talk about competition law in the region.This paper This paper has been prepared on the basis of reports received under the INCSOC project and is a work in progress. Focus has been put on highlighting issues pertaining to successful/ineffective implementation of such laws and the agenda for future. nonetheless.

All developed countries in the region like Australia. Japan and Israel. and some developing countries such as India. Kuwait has recently updated its commercial law with specific provisions on anticompetitive practices. Armenia Law of the Republic of Armenia on Protection of Economic Competition. The No further data. On the other hand. Iraq. 1974 (TPA). and United Arab Emirates do not have any sort of legislation till date. New Zealand. which is under consideration at the moment. and legislation to give effect to this 87 . Country Afghanistan No competition law Government's response to this review was announced on 16 April 2003. Australia Trade Practices Act 1974 There was a major review of the competition provisions of the Trade Practices Act. and Sri Lanka have a reasonably long history of a competition regime. Lebanon is beginning the process. See Table 1-3 for some brief situation reviews on competition laws in various countries in the region. 2000. Iran. Competition laws in the Asia Pacific region – A brief Situation Report Current Status Major developments and motivations Other priorities will not see the evolution of a competition law in the near future.law. Pakistan. Table 1. countries such as Bangladesh.

which ensures that all government decisions have to go 88 . and a Council to administer the same. which preserves the existing powers of price surveillance. Australia is one unique country with a National competition by the and policy Australian Consumer Competition Policy.response is currently being drafted. This change was effected in view that the economic environment has changed considerably and transferring these powers to the TPA is consistent with establishing a uniform administered Competition Commission. Additionally. This Act has been repealed recently in 2003 and a new part has been inserted into the TPA. The legislation is yet to be finalised. Australia also had a Prices Surveillance Act legislated in 1983 as part of the then Government's prices and incomes policy.

amended Oct 1997  Law on Natural Monopolies  Law on Dishonest Competition. competition law for the country. This confusion is being addressed in the CUTS 7Up2 project. Azerbaijan  Law of the Azerbaijan Republic about Antimonopoly Activity. A draft bill entitled. 1995 Bangladesh No competition law in force till date The Bangladesh government is believed to be considering a No further data. 526 of April 1993.through a competition lens. ―Monopolies. Policy makers believe that since it is no longer on the WTO agenda. they need not act on it. not much has been done in this regard. However. Despite a recognised need for one and evidence of prevalent anticompetitive practices in the market. the Government does not appear very serious about the law. Restrictive and Unfair Trade Practices (Control and Preventive) Act‖ was prepared to this effect. which was 89 . Law No.

launched in Dhaka on September 22/23. The draft Bhutan Consumer Protection Bill 2001 proposes an umbrella law under the MTI with rules and regulations to protect the interests of consumer in all sectors of the economy. but is awaiting approval of the National Assembly. 2004. However. 90 . The Bill has been approved by the Cabinet. The country is currently debating a legislation that would oversee competition and consumer protection issues in an intertwined manner. it is realised that one does not need a sophisticated competition law in a country where there is hardly any industrial base. Bhutan Draft hybrid competition and consumer protection law under consideration The Ministry of Trade and Industry (MTI) and other government departments in Bhutan have taken some steps to increase competition for protecting consumer interests.

Brunei Darussalam No competition law in force till date. China  China has not yet got a competition As part of the country‘s market- law in the sense of a comprehensive legal oriented reform programme. Cap. The country is due to adopt a competition law by 2006 as part of its WTO accession package. Trade Names and Unfair Competition. Brunei Darussalam is currently considering how to properly implement the regulation of competition from the grassroots level upwards. However. China has code. While there is no specific legislation pertaining to all aspects of competition. Cambodia passed a Law concerning Marks. Cambodia No competition law in force till date. there is an act entitled: The Monopolies Act. In 2002. China‘s current laws and been working on a draft competition 91 . which mainly deals with IPR issues and IPR-related unfair competition. The CUTS 7Up2 project is addressing the issue. 73 of the Laws of Brunei. This Act has been in existence since 1932 and has so far not been used or updated.

1993 Price Law of the People‘s Anti-Monopoly Law. Besides. and so on. the Interim Provisions on Mergers and Divisions of ForeignInvested Enterprises 2001. some are concerned that an anti-monopoly law may adversely affect the State-owned enterprises in terms of price setting. etc 92 . their Chinese officials to intention China supplement the Law for Countering Unfair Competition by promulgating an Competition. Although revised many times during the past decade. the draft law has not yet been legislated. There is some resistance to enacting a general competition law. (promulgated Administration of China Order No. One view is that China is still at the very early stage of economic development and Republic of China 1997 and Law of the People‘s Republic of China for Inviting and Submitting Tender 1999 Other sectoral regulatory laws such as the Regulations Against Unfair Competition Acts in the Civil Air Transportation by the Market General enterprises are generally small in size and thus there is no need to have an anti-monopoly law. restructuring. the Interim Provisions on Restructuring Stateowned Enterprises By Utilising Foreign Investment 2002.regulations contain a series of anti. 47 on Feb 1996). of China Law of the People‘s Republic of for Countering Unfair In announced 1994.law since early 1990s. It is a part of the monopoly provisions: overall strategy of the Government to Regulation on Anti-dumping and bring in internal reforms through Anti-subsidy of the People‘s Republic external policy lock-in.

which summarised a number of competition studies the Council had previously undertaken into Telecommunications those in the Broadcasting Ordinance. Undertakings Law 1989. the issued a report entitled 'Competition and Policy . Data awaited Hong Kong No competition law yet in force.the Key to Hong Kong's Future Success'. as part of its present. the the prohibitions against anti-competitive Consumer Council of Hong Kong conduct found in Ordinance. Section 7K of the various sectors. the only competition laws similar information dissemination and advisory to those found in other jurisdictions are function. and outlined its vision 93 . is closer to Europe. At In November 1996. Fiji  Commerce Act 1998  Fair Trading Decree 1992  Consumer Credit Act 1999.China has just set up its first merger notification/evaluation system with the Interim Provisions on the Mergers with and Acquisitions of Domestic Enterprises by Foreign Investors 2003 Cyprus The Protection of Competition Law Control of Concentrations No further data. and perhaps between Cyprus though being in the Asia Pacific region geographically. These are administered by industry specific regulatory licensing authorities.

has the purpose or effect of preventing or substantially restricting competition in a telecommunications market. in the opinion of the Telecommunications The Government issued a publication in May 1998 known as the Statement on Competition Policy in response. provides that a licensee shall authority. Government made it clear it does not consider that a general competition law However. the World Kong. entitled for ―Anti-competitive practices‖. In this Statement the Authority (TA). a general competition law. Instead it opted for what it Trade Organisation has criticised the termed a 'sector specific approach government‘s approach of allowing the reinforced TA to perform a dual role of the mechanisms by and self regulatory administrative traditional regulator and enforcer of measures to be taken by appropriate competition policy on the grounds that it Government bureaus and departments could compromise the TA‘s impartiality. not engage in conduct which. in its latest Trade Policy is necessary or appropriate for Hong Review report on Hong Kong. (known as COMPAG) chaired by the Finance Secretary. The Government also created a 'Competition Policy Advisory Group'.Telecommunications Ordinance. when and if the need arises'. for administered by a general competition example. which was given the role of considering proposals put forward by Government agencies 94 .

but under a ministry which deals with corporate issues exclusively. India Competition Act. in self-realisation that the old law has outlasted its validity in the context of the country‘s liberalisation and deregulation process. 2002. in replacement of competition. from the and Consumer This Law is a completely new the Monopolies and Restrictive Trade legislation. In addition to the Competition Act 2002 and COPRA. When the new law 95 . Consumer protection issues and mini competition issues at the retail level were transferred for being exclusively dealt with under the Consumer Protection Act 1986 (COPRA). competition law in India is not under the trade and industries ministry. Interestingly.concerning submissions Council. to replace the old MRTP Practices Act 1969 Act 1969. various regulatory bodies have been dealing with competition concerns in different sectors.

and Indonesia‘s process. for they believed that this will send wrong signals to the world that India is ready for a WTO agreement on competition! Indonesia Law No. Demands for a competition law in Indonesia first emerged from the academic circles in the early 1990s. since the country to undertake and various Business Competition (effective from 5 liberalisation March 2000) deregulation measures. the trade ministry had raised objections. academic calls for a 96 . At that time. integration including its participation in WTO. AFTA (ASEAN Free Trade Agreement) has also given an impetus to the issue. APEC. economists explained that Indonesia needed a competition law to ensure that business competition would be fair.was being drafted. competition has been widely accepted economic opening as a major driver for development. In 1995. 5 Year 1999 concerning Ban on Monopolistic Practices and Unfair started In Indonesia.

One of the parties represented in parliament. the public lobbied Parliament to take their own initiative 97 . Because of the perception that the government was dragging its feed on the law. the Indonesian Democratic Party (PDI). submitted a draft Competition Law. the public sensed an increased urgency for competition law to regulate business practices such as collusion. After Indonesia was devastated by the Asian financial crisis in 1997. President Suharto demands responded for a positively to Law Competition through a presidential announcement that monopolistic practices would be eliminated. the bill met with poor response for a number of reasons.competition law were supported by a number of parliamentarians. nepotism. and increasingly blatant lack of transparency in government decisions. In May 1997. However.

in drafting the law. 1998. the the draft submitted Competition law to Parliament at the end of 1998. and protection for small-scale enterprises. 1998. In its draft. a clear direction emerged on moving forward with the Competition Law. On April 12. As Government was planned. the law was 98 . 1999. the draft law was finalised on February 15. the the Government emphasized dismantling of monopolies. 1999. In its Third Letter of Intent named Supplementary Memorandum of Economic and Financial Policies. facilitation of fair-trading. After prolonged deliberations involving many different groups in society. the Government of Indonesia agreed that it would submit a draft Competition Law to Parliament by December 31. On March 5. This shows that the law represents a political compromise influenced by events at the time.

particularly prior to the 1980s. Unfortunately. No competition law yet in force. Japan enacted the Trade 1947. Not being dealt with here. 57481988 Japan Act Concerning Prohibition Of Private Following the 2nd world war. or one year after its promulgation. more widely known as the competition law. has been heavily criticised for having been overly slack. the 99 . enforcement of its law. A primary reason for this is due to Japan‘s pursuit of industrial policy. Aimed at enhancing the competitiveness of Japanese firms in the international market and catching up with more advanced economies. which played a crucial role in Japan‘s economic miracle during the post-war period. the 1947 Anti-Monopoly Act (AMA). Monopolisation And Maintenance of Fair under US pressure. Restrictive Trade Practices Law.promulgated by the President and declared effective one year after signing by the president. Iran Iraq Israel No competition law yet in force.

which has affected both the contents of the AMA. Substantial changes. as well as its enforcement. impediments developing Official Gazette No.4. have been undergoing in the Japanese antitrust system since early 1990s. 15 for the year 2000. however. with the AMA being further strengthened with more improved provisions and implementation guidelines. Jordan  Trade Secrets and Unfair Competition Jordan has in faced several a Law.4423 dated 2.2000 competition law and authority – In  Law of Unethical Competition and 1996 and 1998 attempts were made to 100 . The changes were reportedly driven by two main factors: (1) the trade disputes between Japan and the US and (2) the internal drive for reforming economic structures by means of deregulation and promotion of competition in domestic markets. and the power of the Japanese Fair Trade Commission (JFTC) has been greatly enhanced. Law No.Japanese government adopted various measures that contradicted the principle of fair competition.

Recommendations were made to avoid abuse of the law or excess administrative discretion.Commercial Secrecy. vague investigation procedures and prosecution. institutional & enforcement side. In 2002. which is based on free determination of prices in accordance with market mechanisms and principles of free 101 . a working programme was agreed upon between Jordanian authorities and EJADA (the EuroJordanian action for the development of enterprise) to redraft the competition law. Work on this commenced in February 2002. 49 was issued. 2000 issue an antitrust and competition law but failed because of reasons such as complicated design of the institutional side. improper fine system. Idea of enacting national competition legislation was welcomed but certain concerns were raised on the legislation. At last in August 2002 the provisional competition law No.

competition. Korea  Price Stabilisation Act (1973) In Korea, when the government tried

 Price Stability and Fair Trade Act to introduce a competition law in the (Enacted in 1975, took effect on Mar. 15, 1970s, many doubted the need for one. 1976) There were many who believed that

Monopoly Regulation and Fair Trade Act Korea needed national champions to (MRFTA: enacted on Dec. 31, 1980, took develop its relatively small market by effect on April 1, 1981). The MRFTA competing in overseas market.

underwent 7 revisions in 1986, 1990, Consequently, the establishment of 1992, 1994, 1996, 1998, 1999, 2001 and competition law had been delayed. The 2002.  Fair Subcontract Transactions Act 1984 and the Act Adhesion 1986 Contract (chaebols). The ill effects of market Regulations (protecting distortion became more profound. subcontractors and consumers at the competition policy level) With the outbreak of the Asian delay in adoption of competition law in part was the reason for high

concentration in the Korean market

 Fair Labelling and Advertising Act financial crisis in late 1997, and the (FLAA) 1999 business scandals exposed in the

 Omnibus Cartel Repeal Act (the Act economy, a broad national consensus on Regulating Undue Concerted was reached that the economy should

Activities Exempt from the Application be essentially driven by principles of of the Monopoly Regulation and Fair market competition. In this climate, the Trade Act) 1999 (repealing or improving Korean government took bold steps to

102

cartels statutes)

permitted

under

individual eliminate

the

old

structural

inefficiencies of the Korean economy strong enforcement of the

 Door-to-Door Sales, etc. Act and and

Instalment Transaction Act, transferred competition law was considered as one from the Ministry of Commerce, Industry of the most important means of and Energy to being under the authority restructuring the Korean economy on of the Korean Fair Trade Commission the foundation of a market economy. (KFTC) in 1999 so that the latter has the For the past five years after the power to protect consumers in special financial crisis, regulatory reforms types of transactions. driven by strong advocacy role of

 Consumer Protection in Electronic Korea Fair Trade Commission (KFTC) Commerce, etc. Act 2002 has contributed to the creation of a favourable and environment foreign for direct

 Fair Franchise Transactions Act 2002 more

businesses investment.

Incidentally, chairman is a

the

KFTC of the

member

government cabinet, thus reflecting the seriousness with which Korea looks at competition issues. The only other country with such a high profile is perhaps Russia. Kazakhstan  The Law of the Republic of No further data

103

Kazakhstan "On Natural Monopolies", 9 July 1998 No. 272-1 (Amended in 2001)  The Law on "Competition and

Restriction of Monopoly Activity" 19 January 2001 No. 144-II  The Law on "Unfair Competition" 9 June 1998 No. 232-1 (Amended in 2000)

Kyrgyzstan  Rule on the National Commission on security and development of competition at the President of the Republic of Kyrgyzstan 1998  Law of the Republic of Kyrgyzstan on anti-dumping 1998  Law of the Republic of Kyrgyzstan on safety measures 1998 Kuwait Lao PDR No competition law Fair Trade Competition Decree (effective from August 2004)

No further data

The

legislation

was

passed

mostly due to the technical assistance and external advocacy from the

UNCTAD. However, a preliminary review of the Decree in the overall socio-economic context of the country

104

showed that the legislation is at a very initial level, and public awareness as well as technical capacity on the issue is yet to be built. The CUTS 7Up2 project is addressing these problems. Lebanon Provisions relating to unfair competition are contained in the French High No further data

Commissioner‘s Order No.2385 of 1924, "Laws & Systems of the Commercial and Industrial Property in Lebanon"

(amended in 1946, 1960 and 1983). The Penal Code is also relevant for acts of Unfair Competition. Promulgation Decrees  Promulgating Decree No. 31 of the year 1967 on anti-dumping policy  Promulgating Decree No. 32 for the year 1967 on anti-monopoly and high prices  Promulgating Decree No. 54 for the year 1983 on anti-fraud Laws

105

the Ministry of Competition. however. currently there Domestic Trade and Consumer Affairs 106 . under Title X 'Discipline of Competition Among Entrepreneurs'. Law No. Article 153 of the Code establishes a general principle that competition should be carried out in a form that does not damage the interests of the economy of the Territory. 31 for the year 1967 authorizing the Government to enact promulgating decrees to combat high prices and monopoly Macao No competition law The Government of Macao has already established general provisions that set out the basic elements of a competition policy. Malaysia Malaysia does not have a specific law on In 1993. A number of succeeding articles in the Code provide some indication as to the forms of conduct that would be detrimental to competition. and under the limits established in the law. and are therefore to be prohibited. within its 1999 Commercial Code.

These plan documents. the most recent of the country‘s agency or via the Civil Courts. the Hire Purchase Act 1967. statement accepting the need to the Control of Supplies Act 1961. The Malaysian Trade Descriptions Act 1972. the law in a statement issued subsequent to Direct Sales Act 1993. for a domestic competition policy and the Weights and measures Act 1972. organised by the Parliament very soon. in the consumer or trader may seek redress Eighth Malaysia Plan 2001-2005 through the appropriate Ministry. Indeed. The government also wishes to pursue measures that 107 . consumer interests. there is an explicit laws include the Companies Act 1965. the encourage competition. etc.exist about 30 laws which regulate certain (MDTCA) announced its intention to activities of enterprises and which protect draft a ―Fair Trade Practices Bill‖. the Food government has reiterated its support Act 1983. MDTCA and UNCTAD in 2000. One of the considerations is to ensure that the distributive considerations voiced in the New Economic Policy (the country‘s leading reforms programme initiated in early 1970s) are achieved. public (8MP). The slow progress as regards a competition law is due to several concerns. A Consumer the National Workshop on Competition Protection Bill is also due to be tabled in Policy and Law. Under these laws a This did not materialise.

compensatory and protection measures 2000  Law on Protection of Competition 2000 Mongolia  Law on Prohibiting Unfair No further data. the government hopes to achieve a development path that is in line with national aspirations rather than one that is based on the dictates of efficiency and fair trade. Finally. the government wants to protect domestic firms from the competition that will emanate from foreign firms. 1994  Consumer Protection Law 1991 Myanmar No competition law in force till date Though the Myanmar government recognised the role of a 108 . In sum.will promote the growth of domestic firms. Discussions at the WTO have also been a dampener to these efforts. Moldova  Law Concerning Restriction of No further data Monopolistic Activities and Development of Competition 1992  Law on antidumping. Competition.

They quote the slow progress of the transition education. 109 . Nepal  The Nepal Constitution included Statement by local civil society directive principles aims at reducing organisations: ―If it had not been for economic concentration (Article 25.competition law as an important regulatory instrument for economic development. 1997 might never have seen the light of the day‖. process. however. such a law is not on the anvil of policy-makers in the country. only after building up the domestic industrial capacity. low level of asymmetric information. to avoid backfiring. The government intends to introduce competition policy and law in a staggered manner. under-developed private sector.2) the commitment under the WTO  Black Marketing and Certain Other accession. etc as the main reasons for not considering a competition law in the immediate future. competition policy and law Offences (Prevention and Control) Act  Consumer Protection Act. skewed distribution of wealth.

shared outlook.B).C) prohibits collusion.New Zealand Closer Economic Relations structures and an extensive overlap in economic and security interests. Key 110 .- guarantees consumers‘ rights to The CUTS 7Up2 project is addressing the progress.1.  Draft competition law under consideration New Zealand  Commerce Act 1986 (Amended in 2001)  Telecommunications Act 2001 Telecommunications 2001  Electricity Industry Reform Act 1998  Electricity Industry Reform Amendment The relationship with Australia is New Zealand‘s most significant bilateral link. fixing of quotas. historical linkages. which has been Act remarkably affecting the development direction of New Zealand competition law.1. similar social Amendment Act 2001  Fair Trading Act 1986 and various amendments agreements in place include:  The Australia. choose (Section 6. This is underpinned by geographical proximity. hoarding and creation of artificial scarcity (Section 7) controls monopoly and unfair trade practices (Section 8.

Oman Pakistan Unfair Competition Law Monopolies and Restrictive Trade No data In view imposed by of the constraints the new economic Practices Ordinance (1971). it invited comments of 111 . environment. and thus inadequacies of the Ordinance to take care of the market situation. Later. which has totally changed since the MRTPO was first enforced in 1971. the latest amendment of the Commerce Act 1986 in 2001 has brought the law to be aligned with Australia‘s.Agreement (ANZCERTA)  The Trans-Tasman Mutual Recognition (TTMRA)  The Memorandum of on Agreement Understanding Harmonisation of Business Law (in which competition law is clearly mentioned) Indeed. the Monopoly Control Authority of Pakistan drafted a new law in 2002.

17 on Consumer Protection. Papua New Independent Consumer & Competition Guinea Act 2002 Whilst attempts have been made to formulate a consumer protection policy for Papua New Guinea (PNG) since 1977 with the PNG Law Reform Commission ‘s Report on Fairness of Transactions and subsequently the LRC ‘s Working Paper No. has been reluctant to accept such suggestions.consumer groups and other stakeholders in order to amend the MRTPO. It is speculatively observed that this may have been due to the historical fact that 112 . until the early 1990s. no attempts were made to formulate a competition law. however. The government. It is for numerous reasons including a general tendency in the Government to resist the emergence of autonomous bodies like MCA and the perception that an effective competition law may discourage investment in the country.

It was only in the early 1990s when the PNG Government rode on the international wave of corporatisation and privatisation that issues pertaining to competition law began to be considered. These parastatals were also legislatively vested with regulatory powers. In fact when the PNG Government adopted an official corporatisation and privatisation policy. it became apparent that it also had to adopt a competition law so that the 113 . As a result. the government through its parastatals became the major investor usually as public sector monopolies.PNG had just emerged as a nation since 1975 and there was very little private sector investment in the economy. The end result was that competition law was placed well and truly on the back burner. These conditions were therefore not conducive to encouraging competition.

objectives of its corporatisation and privatisation programmes were not lost. In 2002. it was vitally important that an appropriate competition law and regime be set in place. Philippines There is no comprehensive competition law or specific institution in There is general agreement in the the Philippines that the existing laws have been inadequate in promoting a strong competitive market. Since the ultimate objective of the corporatisation and privatisation policy was to achieve allocative and productive efficiency and generate economic growth by removing all barriers to entry into a market and therefore encourage competition. However. The passage of the Bill saw the abolishment of the Consumer Affairs Council Act 1993 and amendments to the Prices Regulation Act.  Section 19 of Article XII of the 1987 114 . Philippines to enforce the law. the PNG Parliament successfully passed the Independent Consumer and Protection Bill 2002.

due to a multitude of as amended by Republic Act. high priority. Russian Law on Competition and Limitation of Not being discussed here.Constitution prohibits monopolies and there has been no clamour for the combinations in restraint or trade immediate enactment of a  Republic Act 3247 (An Act to comprehensive competition law. as 115 . Two Prohibit Monopolies and Combinations in major bills on competition are pending Restraint of Trade) (1961) as amended. believing in the necessity of monopolies and combinations in restraint reciprocity.  Price Act 1992  Consumer Act 1992 lack of political will. (Certain influential members of Congress are themselves businessmen or majority stockholders of dominant firms who are threatened by the enactment of a comprehensive competition policy/law.. reasons. They will resist at all cost the passage of a competition bill). business community. corruption and cronyism. No. and government officials. such as a business culture of prohibit unfair trade practices. lack of understanding and education on the rationale for competition law on the part of concerned stakeholders. in Congress but they are not considered read along with the Revised Penal Code.g. e. 1956. consumers. of trade.

1 of While the Fair Trading 116 . this approach is no longer deemed sufficient. The Draft law is now undergoing its second round of consultation. Singapore has used sector-specific legislation to regulate players in the market and promote competition.Federation Monopolistic Activities 1991 Saudi Arabia Singapore Draft law in consultation process No competition law Russia is mainly a part of Europe. "As we enter our next phase of economic development.Fair Trading Commission Act No. Yet as Singapore's economy develops." says a representative of the Ministry of Trade and Industry of Singapore. gas and electricity industries. The US-Singapore FTA was one of the reasons for this change of heart. Such legislation exists in the telecommunication. a sectoral approach has become inadequate. Until recently. Jordan too is a similar case. Sri Lanka .

both in terms of textual contents and enforcement reality. The same problems (budget availability and autonomy) as with the Fair Trading Commission are repeated. 57 of 1993 . Studies are underway with the Everything consumer relating protection monopoly. the new law Authority Act (CAAA) introduced in had been diluted even before it was 2003 passed due to business lobbies and fear of scaring away foreign investment. providing a ―corrective measure after tremendous suffering that consumers went through recently due repealed by the Consumer Affairs to monopolies‖. However.Fair Trading Commission Act No.Consumer Protection Act 1979 . The Authority set up under the law only has ex-post power. It does not have independent budget (but is subject to government budget) and is under the Minister of Commerce and Consumer Affairs. Syrian Arab  No Republic specific competition to law. help of the European Commission to etc is implement new regulations and special rights.Control of Prices Act All these laws have recently been Commission Act (FTCA) had been considered a weak legislation. the CAAA was thus expected to provide a way out for Sri Lanka.1987 . 117 .

 Syrian Penal Code. The Fair Trade Commission (FTC) was established on January 27 1992 to enforce the Law. Articles 671-674 cover Article "Unlawful 700 Speculations". ensure protect fair consumer competition. aimed at bringing the Fair Trade Law in line with the needs of today's 118 . followed by the second and third amendments in April 2000 and These February changes 2002. were respectively.governed by the General Trade Law. promote economic stability and prosperity. "Fraudulent Competition" Taiwan Fair Trade Law 1991 The law was enacted on February 4. and provide fair and reasonable competition rules. The aim of the law is to maintain trading order. 1991 and went into effect on the same date one year later. interests. The first major amendment of the law in February 1999. covers and laws pertaining to this subject.

enacted in 1979.economy and enhancing the fairness and transparency of enforcement work. in The ―Price Fixing and Antithe FTC' s replacement of the Price Control and monopoly Act‖. 2522 (AD 1979) considered to be Thailand‘s first legal system to control competition.E. In fact. However. Tajikistan  Law on Competition and Restriction No further data to Monopoly Activities in Goods Market 2000  Law on Natural Monopolies 1997 Thailand Trade Competition Act. during the 20 years in which the law was in effect. is Anti-Monopoly Act B. 1999. the government applied it to only a few 119 . Consisting of two parts—price controls and the prohibition of monopolies— this act was intended to control prices while preventing dominant companies from profiting unfairly from price controls. it was paradoxical to attempt to curb the ill effects of price controls by a law that regulated competition without regulating price controls directly.

The first task was to examine the Price-fixing and Anti-monopoly Act of 1979 and whether it was appropriate to apply to drastic economic changes of the country. The anti-monopoly measures under the Act have been applied only once since its enactment.cartels. safeguard need to competition in a more serious manner in the changing context of the global and domestic economies. In perceiving 1991. the the government. provisions All have of anti-monopoly to be proven unenforceable and just a dead letter. The 120 . It was found that the Price-fixing and Anti-monopoly Act of 1979 was unable to play a proper role to preserve the competitive process in the market. Following the report of the Commission. set up a Commission to reform antitrust law in Thailand. the government decided to have a new competition law.

recent bad enforcement experiences showed that even this new law has failed to meet the original expectations. United Arab No competition law Emirates Uzbekistan  Law of the Republic of Uzbekistan  The new Draft Law "On On Competition and Restriction of Competition" that will substitute the Monopolistic Activity in the Commodity current Law "On Competition and 121 . subsequently passed in 1999. which was completed and first introduced to the parliament in 1992. so is not being dealt with here. However. The 1997 Asian financial crisis also had a significant effect in prompting the immediate passage of the new law in Thailand (due to the urgent need to restructure and recover the economy). Turkey Act on Protection of Competition 1994 Like Russia.Commission was entrusted to draft the law. and more due to its own desire to become a member of the European Union. Turkey too considers itself part of Europe.

Markets

Restriction of Monopolistic Activity in

 Law of the Republic of Uzbekistan the Commodity Markets" is in the On Natural Monopolies  Law of the Republic of Uzbekistan On Advertising  Law of the Republic of Uzbekistan On Protection of Consumer's Right  Regulation Acquisitions Viet Nam Draft Law under consideration Since the launch of the Doi Moi Policy in 1986, Vietnam has been pursuing the introduction of a marketoriented economy. In the 1990s, these efforts shifted to full-scale reforms, such as reforming state-run enterprises, accepting private enterprises, and of Mergers and process of development and approval

easing government regulations, which led the market to the centre of economic activities. At the same time, numerous cases of abuse are taking place increasingly. This drew the government‘s attention to the

importance of ensuring fairness, and in the late 1990s, the government began
122

emphasising the need to establish laws to regulate competition. The CUTS 7Up2 project and another project by UNCTAD is

addressing the issues to achieve quick progress.

As can be seen, a majority of countries in the region are either in the process of drafting a competition law, or have recently promulgated one. Even countries with established competition laws and a long history of implementing such a law are also reviewing and reforming/amending their law; some have even scrapped the old law and enacted new one with drastically fresh approach. These include Australia, Thailand, India, Sri Lanka, and Uzbekistan, etc. The Sri Lankan case is indeed a little different, and Pakistan too is hesitating to draft a new law, both under the fear of scaring foreign investors. In the overall, the currents of competition regimes in the region are moving in a forward direction, though at varying pace and vigour. Motivations, however, vary.

Notably, the changes have happened in the context that these countries are undertaking rigorous market-based reforms or comprehensive restructuring programmes. The cases of Vietnam, Lao PDR, China, Cambodia all pointing in this direction. In the case of both China and Vietnam, which are under a Communist regime, the government has clearly stated that they need an external policy lock-in to bring in domestic reforms.

123

In Lao PDR, for example, under the centrally planned economic mechanism, “competition” in the sense of “business rivalry” used to be considered an alien concept. The economy was dominated [and is still, though to a lesser degree] by State-owned enterprises, which enjoyed administrative monopolies in their exclusive sectors, or geographical territories. The system of subsidy and equal income distribution regardless individual performance deprived economic agents of incentives for making innovations, improving efficiency and/or the thirst for a better position in the market. Enterprises try no further than to meet the numerical target quotas. Salaries of workers in SOEs were paid not in cash but in the form of „coupons‟, which could be used later at State-owned department stores to exchange for food and other consumer goods. It is only after the New Economic Mechanism was introduced that competition in the market got the breathing space to thrust and thrive, and that competition legislation can be promulgated.

The liberalisation and opening up of markets brought about far-reaching changes, including, inter alia, upward competitive pressures on domestic players, complicated market structures, relations and behaviours; making it an imperative for countries to have a competition law as an economic governance instrument; if the competitive process, the legitimate interests of their producers and consumers are to be protected. The absence of a competition law, or the existence of an out-dated law can no longer be tolerated in such context (see the case of Indonesia, China, Thailand, India). Even countries with a different regulatory approach are recognising that they ought to change if they do not wish to be left behind (as in the case of Singapore). Countries like Japan, Korea, where competition law used to be subdued to more prioritised industrial development needs,
124

now recognise that a highly concentrated market situation, dominated by few champions is no longer a desirable economic structure, and thus have been pro-actively reforming their competition law and its enforcement to boost domestic rivalry, in their drive for economic development.

In some cases, the introduction/revision of a [new] competition law has been kind-of a shock therapy. Besides countries where adoption of the law has been induced by WTO membership like Nepal, Cambodia; there are also cases where the need for such a law reached a height of urgency after a period of deep crisis or economic recession. After suffering from the 1997 Asian financial crisis, both Thailand and Indonesia enacted comprehensive laws regulating competition in 1999, while Korea too reconsidered their approach with respect to the law. Behind this movement was the recognition that the lack of a competitive environment, due to the dominance of state-run enterprises and conglomerates, had helped to trigger the Asian crisis and that modern competition laws would be one means of helping the affected nations to overcome their economic plight.

Albeit, business lobbies and other systemic problems in Thailand and Indonesia have prevented the effective implementation of the law. On the other hand, Korea has taken its renewed approach more seriously and has started implementing its law more effectively than before.

The picture, nonetheless, is not completely rosy. Policy inertia, misunderstandings, vested interests, or even exorbitantly low level of economic development and awareness have been reported as the main hindrances against the adoption of competition legislations in
125

the region (see the case of Pakistan, Bangladesh, Myanmar, the Philippines). On the other hand, strong advocacy has been witnessed from the civil society and the general public, as in the case of Nepal, Indonesia and India. This was helped also by a) the discussions at the WTO, and b) active efforts of various bodies including the UNCTAD, World Bank, DFID and the OECD; and technical assistance programmes by competition agencies of more advanced economies.

Implementation of the law: where do we stand? Once the law has been enacted and so on, a major deficiency in the region is with regard to its implementation. Problems typically arise out of either (i) the design of the competition laws, or in other words, the existing statues; or (ii) institutional drawbacks of the system enforcing the law, such as organisational structure, autonomy of the competition authorities, availability of budget and qualified staff, etc 1.

The case of the Price Control and Anti-Monopoly Act 1979 in Thailand represents one prominent example how implementation is crippled because of the bad design of the law itself.

In 1979, Thailand implemented the first competition law: the Price-Fixing and Anti-monopoly Act which embodied two policies in the same body of law: price control measures and anti-monopoly measures. Those measures were designed to have correlated enforcement. In particular, to implement the anti-monopoly

126

By this approach. all players in the sector must comply with the anti-monopoly provisions.provisions. it is necessary to enforce the provisions of price-fixing first (to notify any product to be under control) and such provisions shall be applied where the responsible authority has primarily declared any business relating to product under control which was being conducted in the form of a monopoly or restrictive practices to be a “controlled business”. This brought about tremendous difficulties in controlling monopolistic and anti competitive conduct and lessened the substantial impact of law on business practices. Sadly enough. this not very pleasant lesson traverse into the new Trade Competition Act 1999 of Thailand as well. the administration and enforcement of the law can be arbitrary and discriminatory. in particular when there are no implementing rules or guidelines. This means that when any business has been declared to be under control. For example. With such broad power. which outlawed every anti competitive conduct and a monopoly as illegal per se. the law leaves the key implementation rules on abuse of dominance and mergers and acquisitions entirely in the hands of the Commission and the Government. The law leaves broad discretionary power to the administrative body. section 25 stipulates: 127 . To begin with. while players in other sectors. Moreover. which were regarded as objectionable by the law since the application of the prohibitory provisions depended solely upon the initiative of responsible authority. the law contains several vague terms that create wide "A discretionary powers for the administration. shall not be obliged to conform to the antimonopoly provisions. the anti-monopoly provisions. shall not be applied generally and independently. which have not been declared to be subjected to control.

receiving or providing services or securing credits from other business operators.business operator having market domination shall not act in any of the following manners: 1. 3. directly or indirectly. or restrict opportunities in purchasing or selling goods. suspending. distribution. unreasonably fixing or maintain purchasing or selling prices of goods or services. purchase or distribution of goods. While there is nothing wrong with administrative discretion. destroying or causing damage to goods in order to reduce the quality to that lower than the market demand. reducing or restricting services. production. words like "unreasonably" and "without justifiable reasons" provide a basis for the rule of reason approach in assessing abuse of dominance practices. requiring other business operators who are his customers to restrict services. unreasonably fixing compulsory conditions. 2. deliveries or importation without justifiable reasons. intervening in the operation of business of other persons without justifiable reasons. 128 . Indeed. 4. the absence of implementation guidelines that expand on these vague terms makes law enforcement uncertain and subjective. production. purchase.

Similarly. that of extraterritorial jurisdiction. The proposed merger was challenged by the HLL Employees‘ Union and consumer groups such as CUTS and VOICE on various grounds. Hindustan Lever Limited (HLL). and that consumers' interests might be adversely affected. For instance. Flawed design of the law has also been the problem that India experienced with its former competition law. be it an "efficiency defence" or a "failing firm defence". the Indian subsidiary of Unilever. acquisitions and takeovers involving ―large‖ and/or ―dominant‖ firms3. to assume a dominant position in the toilet soap (75 percent) and detergent (35 percent) market segments 2. Tata Oil Mills Company (TOMCO). However. The 1969 MRTP Act of India also did not properly cover one critical issue. which led to an enforcement failure in 2002 over a cartel case involving the American Natural Soda Ash Corporation (ANSAC) brought by domestic soda ash producers in India. section 26 that deals with mergers and acquisitions is also vague. the 1969 Monopolies and Restrictive Trade Practices Act. acquired its main local rival. the petition did not succeed since the 1991 amendment of the MRTP Act 1969 had unfortunately removed the need for approval of mergers. As can be seen from annex 3. including that the merger would result in a large share of the market being controlled by a transnational company. in 1994. the then competition authority of the country under the 129 . The Supreme Court of India overturned an interim order by the MRTP Commission of India. there is no mention of the types of defence that may be admissible for mergers.

The Commission could therefore not take action against foreign cartels or the pricing of exports to India. The 2002 Competition Act has taken care to redress these two problems. and that too only after the goods had been imported into India. Bhutan does not require an advanced competition legislation to regulate the domestic market. being a small economy with limited industrial base. On the other hand. A good practice that should be quoted is the case of Bhutan. and secondly by incorporating the provision of review of mergers and acquisitions with financial thresholds. Introducing a law that cannot be properly implemented is not only futile but may be counterproductive as well. nor could it restrict imports. Countries implementing competition laws also need to build their own enforcement agencies with properly trained employees and adequate resources to enforce the [new] 130 . Action could be taken only if an anti-competitive agreement involving an Indian party could be proved. but rather a simple hybrid approach between competition and consumer protection issues. the law should be realistic and implementable. The government recognised that. as most of the anti-competitive behaviour of market players happens at a small scale and at retail level. it should not be presumed that a sophisticated competition law would always do good for countries. Quite the opposite. holding that the wording of the MRTP Act did not give it any extra-territorial jurisdiction. by firstly incorporating a provision on the extra-territorial jurisdiction of the law.1969 Act.

statute in a serious manner. This is because some of the Ministry's boards have stakes in government-linked companies that compete in the Singaporean market . as it is the case. In many a case. critics say. The State Administration on Competition is proposed to be positioned in the Ministry of Trade (MOT).many civil servants are even company advisors or directors. The same conundrum is facing Vietnam‘s Draft Competition Law. would not be cost-effective and not recommended). autonomy and other organisational matters of the competition authorities in these countries like staffing. for example. Besides. particularly the developing ones. Singapore's yet-to-be-launched competition regime is already facing a barrage of criticism. The Thai competition law is also quite ineffective because it is directly under the control of the trade minister. plays a vital role as to whether the law will be administered properly. have always been a headache. the MOT is also the only governmental agency. These institutional issues pertaining to enforcement of the law. and not subject to political intervention. which may give rise to conflicts of interest. The autonomy of the competition authority. which has proved to be difficult to resolve for many Asia-Pacific countries. since it is to be situated under the Ministry for Trade and Industry (MTI). which is perceived as an impediment for its independence. however. in view of the fact that Vietnam is undergoing administrative system reform (thus the creation of a new ministerial level body. and operate transparently to avoid charges of corruption. which 131 . the structure. budgets etc have negated the quality of implementation of the law. lobbying or vested interests. It is also essential that it be politically independent. A similar situation also exists in the case of the 2003 Consumer Affairs Authority Act of Sri Lanka.

The Authority passed orders.10. has met with the same criticisms as in the case of Singapore. However. except a marginal increase in electricity tariffs.100. whereas the level of taxation had actually been reduced. This has adversely affected the implementation quality of the law. The MCA was informed by the All Pakistan Cement Manufacturers Association (APCMA) that it was due to high taxation regime and increase in the cost of inputs.has some expertise to address competition issues.150 per bag.100 per bag from Rs. In October 1998. inter alia. and in case of continued non-compliance. The enquiry established that the price was increased to reap undue profit. the MCA enquiry found that there was no increase in the costs of inputs. the cement manufacturers in Pakistan increased the price steeply by Rs. However. the excise duty was lowered. however. the MCA initiated a special enquiry into the causes of the price increase. it is highly prone to government interference. Taking a notice of this situation. It imposed a fine of Rs. The controversy lingered on and dragged in the Ministry of Commerce to intervene. to break the cartel and revert to the price level. the cement manufactures refused to lower the prices and challenged the order of the Authority in the High Court and obtained stay orders. The price for a 50 kg 132 .the apex body for administering the competition law in the country – is a de jure autonomous body.000 per day. under a tacit agreement among the manufacturers to operate as a cartel. though the Monopoly Control Authority (MCA) . This proposal. a completely new field in Vietnam. which preceded the price increase. In Pakistan. After negotiations. another Rs.000 on each individual unit.

For example. The employees should be well paid to reduce problems with corruption. the Fair Trade Commission (FTC) resource base accounts for only around 0. It is quite possible to have everything else in place. This case is an example where powerful business groups were able to bypass the competition authority and political intervention helped to disable enforcement of the law. The proper enforcement of competition laws requires knowledge of both law and economics. The amount of resources made available for enforcing the competition law is also a key issue. Investigation of competition issues tend to be fact-intensive. Thus. They will need adequate staff to assist them with their responsibilities. both lawyers and economists should be employed by the enforcement agency. The amount of resources needed will depend on the size of the economy and the amount of anticompetitive activity. a strong initial enforcement effort may be required to unseat them.0028% of total government budget. and the staff will need to be large enough to gather and assess these facts. but have a weak competition law because of inadequate enforcement resources.bag was reduced only by Rs. the law was made ineffective by manning the body charged with enforcement with inadequately qualified or experienced staff who were also too few in number. despite being a country with fairly long tradition of maintaining a competition regime. while staff salaries are 133 .8. In India. if the economy has a number of long-established cartels. To quote the sad case of Sri Lanka.

However. several ―cases‖ were given ―blind eye treatment‖ as the authority did not have resources and technical capacity to go further. the situation with respect to competition law legislation and implementation in Asia Pacific countries is still far from being a rosy picture. anecdotal evidence suggests that some judges are reluctant to decide cases based on the Fair Trade Act. Until the year 2000.typically lower than the average level in the public sector. Summary and conclusion Looking back. due to lack of familiarity (or expertise) with the methods of determining what constitutes a ‗relevant market‘ for various sectors. and they undergo a vigorous training and exposure programme. thus efficient. Implementation remains problematic. the judges of the apex court sit on a permanent bench to decide appeals on competition issues. The recent years have seen competition laws spreading and improving in the region and we should take such progress as a good signal for the way forward. one has to accept the fact that this is not a utopian world and good endings always require dedication. In case of Taiwan. but it is not a ‗monopoly‘ of 134 . Therefore it is important to establish a process of educating judges so that they can be fair and sufficiently qualified. In South Africa. there was no legal officer and until 1999 no senior economist in the FTC staff. hard ‗labour‘. This extremely constrained staffing and budgetary condition of the authority has unavoidably resulted in bad enforcement records: from 1996-2000 the FTC investigated only 2 mergers and 23 anticompetitive practices. time and efforts. in administering justice.

if we look at the no-less-unpleasant experiences of countries and regions like the United States and the European Union. one should appreciate the fact more and more countries in the region have come to recognise the benefits and urgency of having an effective competition law to supplement.less advanced countries. On the optimistic side. the ASEAN-JAPAN Comprehensive Cooperation Economic Partnership with a focus on competition policy and law. but at bilateral and regional level as well. shape and performance of such a law. it may not be a panacea for their development process. More so. serious thinking has been put into improving the popularity. Japan. Korea has taken its renewed approach more seriously and has started implementing its law more effectively than before. Good examples are the APEC Training Program on Competition Policy. Nagoya University. business lobbies and other systemic problems in Thailand and Indonesia have prevent the effective implementation of the law. On the other hand. and intra/interregional comparative studies and integrated capacity building programmes like the ASEAN Competition Law Project by the Graduate School of International Development. 135 . UNCTAD‘s TrainForTrade programme. India. Albeit. not just at the domestic level. and the 7Up projects by the Consumer Unity & Trust Society.

P. of consumer.It also provides for Consumer Protection Councils at the National.The provisions of the Act are compensatory in nature. standard and which are hazardous to life price of goods so as to protect the consumer against unfair trade practices. and or unscrupulous exploitation variety of goods at competitive 136 . Act This may be summed up as under: . speedy and less expensive.It provides adjudicatory authorities. .The Act applies to all goods and services unless specifically exempted by the Central Government. . potency. ut the quality.Important Features of the C. . quantity. prices. purity. which are simple. . State and District levels. The provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force. Consumer Rights under the Act The Act enshrines the following rights: and property.It covers all the sectors – private. public and cooperative.

The composition of these consumer councils are broad based. The objectives of these councils are to help the respective governments in adopting and reviewing policies for promoting and protecting the rights of the consumers.e. The main objective of these councils is to promote and protect rights and interests of consumers in the society. They are known as District Forums. State Commission upto one crore and National Commission above Rs. Now graduation is the minimum educational qualification for a member. The proceedings before these adjudicatory bodies are regulated in accordance with the principles of natural justice. State and District levels. one crore. District. State Commissions and National Commission. whichever is earlier and shall be eligible for reappointment. The citizens and organisations representing different interest groups having implications for consumer‘s rights protection are members of these councils. State and National. The District Forum can adjudicate on the matter upto Rs. Every member of the District Forum shall hold office for a term of five years or upto the age of 65 years. The State Commission is presided over by Retired High Court Judge. It also provides for Consumer Disputes Redressal Adjudicatory bodies established at three levels i. At present 571 District Fora and 35 State 137 . District Forum is composed of President and two SOME REFLECTIONS 15 members (one member is woman). 20 lakhs. The National Commission is presided over by the retired Supreme Court Judge. that the Consumer Councils are required to be constituted on public private partnership basis for better feed back and thereby review of the policy in the area of consumer‘s rights protection. One may like to add. The Act provides for the establishment of the Consumer Protection Councils at the National.

be highlighted that there are 253 Vacancies of the Presidents and Members of the Forums in the entire Country. Food and Public Distribution by Rule 9A of the Consumer Protection (Amendment) Rules. 500 As on 30.2004 the total number of cases field and disposed of in the National Commission. which are non-functional. which is as follows: Value of goods or services Amount of fee payable and compensation claimed (1) Upto one lakh rupee Rs. It may. 400 (4) Ten lakh rupees and above but not exceeding Rs. however. 2004.06. Fee structure for the cases filed in the District Forums has been prescribed by the Ministry of Consumer Affairs.20 lakh Rs.10 lakh Rs. District Forums are as below: Redressal Agency Complaints Complaints Percentage Filed Disposed of National Commission 35535 27729 78.99% District Forums 1944768 1709603 87. 200 (3) Five lakh rupees and above but less than Rs.Commissions are functioning all over the country besides the National Commission.91% TOTAL 2335315 1975140 84.03% State Commissions 355012 237808 66.9. Now State Commissions and National Commission have started sitting in Circuit Benches. 100 (2) One lakh and above but less than five lakh rupees Rs.2004. State Commissions and as on 30. Now complaints filed are required to be accompanied with such amount of fee and payable in such manner as may be prescribed. It may also be mentioned that at present there are 73 District Forums.57% 138 .

Similarly there is a requirement for depositing Rs. It is. In many State Commissions and District Forums. as far as possible. to the National Commission. therefore. vacancies of Presidents/Members have not been filled up which adversely affects the disposal of cases. infrastructure facilities and staff. 35000/. 25000/. It should be remembered that the confidence of the consumer ultimately depends upon the successful functioning of the Consumer Commissions/Forums. Appeal can also be preferred to the Supreme Court against the order of the National Commission within a period of 30 days. From the various reports and feedback received by the Central Government. efficiently and without any interruption. within a period of three months from the date of notice received by the opposite party where complaint does not requires analysis or testing of commodities and within five months if it requires analysis or testing of commodities. State Commissions and District Forums are required to decide complaint. a matter of utmost importance that these agencies must function effectively. it is evident that many of the consumer forums have SOME REFLECTIONS 17 not been provided with adequate accommodation. 139 .The National Commission. No appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited in the prescribed manner fifty percent of that amount or rupees fifty thousand.in case of appeals to National Commission and State Commission. For this to happen state governments are having definite role to perform. The Appeals are allowed within 30 days against the order of the District Forum to the State Commission and against the order of the State Commission. whichever is less.and Rs.

where there are numerous consumers having the same interest and .the State Governments or Union Territory Administration. What Constitute a Complaint5? An allegation in writing made by the complainant that .any Voluntary Consumer Association. or (iii) displayed on any package containing such goods 140 . .one or more consumers . Act Who is a Complainant4? Complainant means .That a trader has charged for the goods or services mentioned in the complaint. a price in excess of the stipulated price.the Central Government. . or (ii) displayed on goods.The goods bought or agreed to be bought suffer from one or more defects. .a Consumer. .in case of death of a consumer. .Any unfair trade practice or restrictive trade practice has been adopted by any trader. . his legal heir or representative. . (i) fixed by or under any law for the time being in force.Services hired /availed or agreed to be hired /availed suffer from deficiencies in any respect.P.Other Important Aspects of C.

A consumer to whom goods are sold or delivered or agreed to be sold or delivered or such services provided or agreed to be provided.the Central Government. creates a doubt that he can not file and can only continue as a complainant after the death of the complainant..That goods or services which are hazardous to life and safety of the public are being offered to the public The definitions of ‗goods‘. .Voluntary Consumer Organisation . where there are numerous consumers having the same interest The definition of consumer is wide but only a consumer to whom goods are sold or delivered or agreed to be sold or delivered or such services provided or agreed to be provided can file complaint. The legal heirs or representatives of the deceased have been included in definition of ‗complainant‘ by 2002 amendment but have not been specified in Sec.the State Governments or Union Territory Administration. which. .one or more consumers . The definition as provided under Sec. 2(1) (b) is different from list of persons who can file complaint. . 4 CPA Sec 2 (1)(b) 5 Ibid Sec 2(1) (c ) SOME REFLECTIONS 19 Who can file a Complaint6? A complaint can be filed by . ‗services‘ and ‗deficiencies‘ are given in the Act. 12(1) as person who can file complaint. A Complaint should contain the following information 141 .

142 . .not to offer hazardous goods for sale. 6 Ibid Sec 12 (1) The complaint should be signed by the Complainant or his/ her authorised agent.to issue corrective advertisement to neutralise the effect of misleading advertisement.Refund of the price paid. .Removal of defects from the goods. Reliefs Available to Consumers: Following reliefs are available to the Consumers under the Act7: . . (b) The name. (d) Documents ‗if any‘ in support of allegations and (e) The relief which the complainant is seeking.to cease manufacture of hazardous goods and desist from offering services which are hazardous in nature.Replacement of the goods. . . .Award of compensation for the loss or injury suffered.to withdraw hazardous goods from sale. description and address of the complainant. . .if the loss or injury has been suffered by a large number of consumers who are not identifiable conveniently.(a) The name. . (c) The facts relating the complaint and when and where it arose.Discontinue and not to repeat unfair trade practice or restrictive trade practice. description and address of the opposite party or parties. .to provide adequate costs to parties. to pay such sum (not less than 5% of the value of such defective goods or services provided) which shall be determined by Forum.

Highlights of the Consumer Protection (Amendment) Act.Qualifications including academic and also disqualifications for members. . Proviso to the new sub-clause (3A) under Section 13 of the Principal Act.Re-appointment of a member for another term of five years or up to the age of sixty-five years. insertion of new Sections 8A and 8B. . .―Spurious goods and services‖ in the form of new clause (oo) after clause (o) under Section 2 of the Principal Act. . .V.Power to make ―interim order‖ new sub-clause (3B) of Section13 143 . is proposed.Provisions dealing with adjournment – ― no adjournment shall e ordinarily granted‖. which ever is earlier. . . However.In case of death of a consumer. the ―Commercial purpose‖ does not include use by a 7 Ibid Sec 14 (1) SOME REFLECTIONS 21 person of goods bought and used by him and services availed by him exclusively for the purpose of earning his livelihood by means of selfemployment.Exclusion of a person who avails of such service for any commercial purpose from the category of the consumer. his legal heir or representative – a new sub-clause (1) under Section 2 of the Principal Act.With a view to promote and protect within the district the rights of the consumer laid down under the Principal Act ―establishment of the District Consumer Protection Council‖ under the Chairmanship of the District Collector.Substitution of new Section for Section 12 dealing with the manner in which complaint shall be made. 2002 as notified on 15th March 2003 . .

. .. the State Commission or the National Commission shall have the power of a Judicial Magistrate of the first class for the trial of offences.New Section 28-A dealing with the procedure for service of notice.Creation of benches of the National Commission. .Power to grant ―punitive damages‖ new proviso to clause (d) of Sub-Section (1) of Section 14. . . the State Commission or the National Commission. to transfer any complaint pending before the District Forum to another District Forum within the State in the interest of justice. on the application of the complainant or of its own motion. . new clause (nc) under Sub-Section (1) of Section 14. 1973. .Benches of the State Commission may be constituted by the President of the State Commission with one or more members.Provision in regard to the execution of orders of the District Forum. SOME REFLECTIONS 23 144 . when there is an error apparent on the face of record.Power of the National Commission to review its own order.Power to issue ―corrective advertisement‖ to neutralize the effect of misleading advertisement at the cost of the opposite party.Insertion of new Section 17A authorising the State Commission. . notwithstanding anything contained in the code of Criminal Procedure. The District Forum.All offences under the Consumer Protection Act may be tried summarily.

equality. rationality. the concerns of the good governance need to be mentioned briefly with a view to establish linkage with the concern of the Consumer Protection law and institutions. potency. ethics. it may generally be emphasised that the concerns of consumers‘ rights protection are to ensure fair trade practices. quantity.Consumer Protection: Implications for Good Governance An effective. transparency. economy. If the rights of the consumers in relation to the quality of goods and services are assured and taken care of then there will be no cause for complaints. empowerment. This situation would certainly create an atmosphere wherein the clients. quality goods and deficiency free services with information in regard to quality. In view of these requirements of the good governance one can easily and with success establish the co-relations with the concerns of the Consumer Protection law and policies. Generally speaking. the culture of good governance would 145 . customers and consumers would feel satisfied with the things needed most to them. accountability. From the point of view of the concerns of the Consumer Protection Law. if efforts of the operators of law and agencies are genuine and there is a sense of commitment. efficient and fair implementation of the Consumer Protection Act is one of the conditions precedent for promoting the culture of good governance and thereby ensuring the better promotion and protection of the rights of the consumers. In view of the remedies available to the consumers under the Consumer Protection laws there is no doubt that at the end of the day. components and price with a view to provide opportunity to the consumers in regard to their choices. effectiveness. the thrusts of the good governance movement are – efficiency. impartiality and participation. In this context.

the Supreme Court also laid down that any defect or deficiency in such service would be treated as unfair trade practice and would amount to denial of service. Therefore. The Supreme Court observed as follow: ― The administrative law of accountability of public authorities for their arbitrary and even ultra-vires actions has taken many strides. SOME REFLECTIONS 25 in exercise of statutory power can claim immunity … Public authorities acting in violation of constitutional or statutory provisions oppressively are 146 . It is now accepted that the state is liable to compensate for loss or injury suffered by a citizen due to arbitrary actions of its employees … No functionary 8 (1994) 1SCC 243.the proper and effective implementation of the laws.Gupta8 may be cited as an illustration. As stated earlier. The judgement of the Supreme Court in Lucknow Development Authority Vs. In this context. be better to highlight one or two areas with a view to focus the developments in regard to the protection of Consumers‘ rights as well as the concern of he good governance. one of the concerns of the good governance movement is to promote and ensure accountability of producers and providers in public domain.pervade wherein the consumers would feel highly satisfied and there would be no real cause for making a complaint or showing their dissatisfaction in any way. dealing with the protection of the Consumers‘ rights would promote the cause and concern of the good governance. AIR 2004 SCW 2362. It would be instructive to highlight the observation of theSupreme Court in the above case in regard to the concept of public accountability. M. In the instant case the Supreme Court while establishing the jurisdiction of the Consumer Disputes Redressal Agencies created under the Consumer Protection Act emphasised that the service provided by a private body or a statutory or public authority are within the jurisdiction of the Consumer Protection Act. It would.K. See also Ghaziabad Development Authority vs Balbir Singh. finally.

258 10 Ibid.accountable for their behaviour… Each hierarchy in the Act is empowered to entertain a complaint by the Consumer for value of the goods or services and compensation… The Commission or the Forum in the Act is thus entitled to award not only value of the good or services but also to compensate a consumer for injustice suffered by him. Similarly. 264 The good governance movement. ― It is.‖9 In continuation. it was further observed that the award of compensation is not the only issue today. the above decision should be made a compulsory reading for all those having role to play in the promotion and protection of the consumers‘ rights and also with the process of administrative reforms for good governance. The concept of public functionary has undergone tremendous change with passage of time and change in socio-economic outlook … In a modern society no authority can arrogate to itself the power to act in a manner which is arbitrary … It is now imperative and implicit in the exercise of power that it should be for the sake of society. In view of the importance of the law on public accountability and the role of the Consumers‘ adjudicatory bodies. further direct the department concerned to pay the amount to the complainant from the public fund immediately but to recover the same from those who are found responsible for such unpardonable behaviour…‖10 In view of the above law of personal accountability of the concerned public functionary as laid down by the Supreme Court while protecting the rights of Consumers under the Consumer Protection Act is in fact an appreciable contribution to the body of law on public accountability which is one of the major concerns of 9 Ibid. necessary that the Commission when it is satisfied that a complainant is entitled to compensation for harassment or mental agony or oppression… then it should. the approach of the Supreme Court in ensuring 147 . therefore.

in view of the number of complaints brought before the Consumer Forums and Commissions. but which also at the same time. J. Srinath Chaturvedi. Therefore. that the number of complaints in regard to the quality of public services are more than complaints dealing with defects in goods. which not only serve the purpose of recompensing the individual. III.Merchant and ors Vs. the number of complaints in regard to the deficiencies in services would certainly increase in the future. in addition. 12 Charan Singh Vs Healing Touch Hospital and ors. effective.P.J. Keeping in view the changing economic scenario. the Consumer Forums and Commissions established under the Consumer Protection Act. V. See also Dr. fair and inexpensive functioning. In Charan Singh‟s judgment12 the observation of the Supreme Court to the effect that ―the Consumer Forums while quantifying damages are required to make an attempt to serve the ends of justice so that compensation is awarded. Shantha and Ors11.qualitative change in the attitude of the medical service provided by the hospitals and the medical professionals followed in the Indian Medical Association Vs. It may. be pointed out. need to be given extra attention to ensure its efficient. (2000) 7 SCC 668 SOME REFLECTIONS 27 148 . (2002) CPJ 8 (SC). in an established case. aims to bring about a qualitative change in the attitude of the service provider‖. deserves high appreciation with a view to giving real meaning to the accountability of professionals. 11 AIR 1996 SC 550.

Over and above the support of pro bono publico and of every individual is a sine qua non for the Consumer movement to be purposeful. Grahak Jagaran. National Commission opened new doors in Bhupesh Khurana and others V Vishwa Budha Parishad and others13 that imparting education falls within the ambit of service as defined under CPA. A number of schemes have already been in operation such as.VII. Consumer Clubs in Schools. These claim of false affiliation with well known Universities in India as well as abroad and charge huge sums in the name of fees and other charges. schemes and programmes of the Government of India through the Department of Consumer Affairs are no doubt useful but their effectiveness finally depend on the involvement of the institutions and the people at large. While expanding the scope of Consumer Law. 149 . Educational Institutions – Schools. Promoting involvement of Research Institutions. which is unaffordable for the common man. Consumer Protection Movement – Future Direction. Colleges. It was held that fees are paid for services to be rendered by way of imparting education by educational institutions. This is a great move in the direction of Consumer Protection as many Five stars schools & colleges are mushrooming day by day. organisations of Civil Society. Universities and Research Institutions. Universities. Consumer Protection movement to be effective and meaningful needs the proactive support of the government. etc. Colleges. The policies. Organisations of the Civil Societies are having special responsibility in this regard and so is the case of the educational institutions. business. Similar schemes and programmes are needed at the State Government level also to provide further impetus to the Consumer movement in the Country. in Consumer Protection and Welfare etc. Many of these institutions appoint unqualified staff and faculty to teach a particular stream and sometimes even such 13 (2000) CTJ 801.

Workshops. Colloquiums. the apex consumer court has clearly held that providing education is a service and has compensated the aggrieved consumer. which have come before the National Commission. Most of such Institutions are being run by fly. unexplained delay in deciding the application for admission. In the last decade imparting education has become just another business rather than service to the society. SOME REFLECTIONS 29 150 . non refund of the initial payment as college fee etc. Educational Institutions. have been held as deficiency in service. Seminars. There may be different ways to achieve the objective of Consumer education about their rights and interest. are expected to play a positive role in promoting Consumer Protection Movement.by night operators with only commercial motives. In many such cases. Educational Institutions are expected to follow such as. Discussions. Various methodologies. Lectures. Quizzes etc. Role of Educational Institutions in Consumer Protection Movement may not legitimately be denied on any conceivable ground. in the area of Consumer Protection and Welfare to give boost to the Consumer Protection Movement in the Country. or certificates are not issued to them. In a number of cases the non supply of Roll Number. Examinations are not held in time or results are not declared for months or even years. To be cheated and lose hard earned money is one thing but more important fact is that the future of many students is at stake. misrepresentation in advertisement and prospectus about the recognition of the college. therefore.Faculty is not available. It is said that aware Consumer is an asset to the society. Essay Competitions.

Even a manufacturer or provider of a service is a consumer of some other goods or services. spurious goods and other deficiencies in services would become a thing of the past. adulterated products. If both the producers/ providers and consumers realize the need for co-existence. 151 . The active involvement and participation from all quarters i. proceed in a harmonious manner so that our society becomes a better place for all of us to live in. the central and state governments. the NGO‘s.Concluding Remarks The efficient and effective programme of Consumer Protection is of special significance to all of us because we all are consumers. however. The need of the hour is for total commitment to the consumer cause and social responsiveness to consumer needs. This should. the educational Institutions. the print and electronic media and the adoption and observance of a voluntary code of conduct by the trade and industry and the citizen‘s charter by the service providers is necessary to see that the consumers get their due.e.

e.C and so forth or 1. amount paid as price/consideration. relating to the quality of goods/services. whether the loss or damage has been caused by some unfair trade practice or restrictive trade practice adopted by any trader or there is some defect in the goods or there has been deficiency in service or the trader has charged excessive price for the goods.COMPLAINT UNDERSECTIONI2/ SECTION17/ SECTION21 OF THE CONSUMER PROTECTION ACT. date of purchase of goods/ availing of service.e. warranty or guarantee for such period promised.e. One should elucidate the nature of unfair trade practice adopted by the trader. The nature and extent of defects in goods should be explained and so should the deficiency in 152 . Photocopies of the bill/cash memo/ voucher or receipt should be attached and properly marked as Annexure – A. TRANSACTION (In this paragraph complainant should describe the transaction complained of.2. sponsorship. i...) SOME REFLECTIONS 33 DEFECT DEFICIENCY (In this paragraph complainant should explain the grievance.3 and so forth. full or in part towards the goods/service. i. RESPECTFULLY SHOWETH INTRODUCTION (In this opening paragraph the complainant should give his introduction as well as that of the opposite party/parties. items of goods/kind and nature of service. i.. 1986.B. particulars and details of goods/ services availed.

) RECTIFICATION (In this paragraph complainant should highlight what attempts were made by him to set things right. its outcome.service. alongwith copies (certified preferably) of such proceedings. which traders must fulfil and in case of their failure to do so the case in prima facie made out and Forum would take cognizance). i. There are incidental statutory obligations. the stage of its proceedings. 153 . whether any legal notice was got served and / or whether he has approached any other agency for redressal like. if any.e.Civil or Criminal Court of competent jurisdiction. communication in writing if any. You should narrate your grievance and rest assured it is being read /heard by compassionate and pragmatic judges. Photocopies of relevant documents must be attached. The nature of response got from the trader when irregularities were brought to his notice. should also be disclosed here). OTHERPROVISIONS (In this paragraph reference may be made to any other law or rules or regulations of particular procedure which is applicable to the case and/ or which has been violated by the trader and consumer‘s rights under the same. personal visits or negotiations. In case of excessive price one should specify the details of actual price fixed by or under any law for the time being in force or as set out on goods and their packing visa-vis the price charged by the trader. Complaint can also be filed against offer for sale of goods hazardous to life and safety when used..

as the case may be.. return of the price or charges.EVIDENCE (In this paragraph complainant should give details of documents and/ or witnesses he will rely upon to substantiate his case.e. LIMITATION That the present complaint is being filed within the period prescribed under section 24A of the Act.The annexures should be attested as ―True Copy‖. replacement with new goods. The documents attached as Annexures as stated above may be incorporated in a proper list and a list of witnesses (if any) may be filed similarly). or above and set out the pecuniary jurisdiction of the Forum/ State Commission/National Commission. 154 . i. i. JURISDICTION (In this paragraph complainant should liquidate the claim in the complaint. upto 20 lakh. RELIEF CLAIMED (In this paragraph complainant should describe the nature of relief he wants to claim.. 20 lakh to one crore. etc. for removal of defects in goods or deficiency in service.e.. The territorial Jurisdiction should be highlighted to obviate any formal objection). paid and/or compensation on account of financial loss or injury or detriment to his interest occasioned by negligence of the opposite party and elucidate how you have calculated the amount of compensation claimed).

........... Complainant Through ............. (Advocate or Consumer Association................................................................. Dated:................... therefore. most respectfully prayed that this Hon‘ble Forum/ Commission may kindly be pleased to ................................PRAYER CLAUSE It is................... etc..) SOME REFLECTIONS 155 .... (Details of reliefs which complainant wants the Court to grant) Place:...............

DELEGATED LEGISLATION MONITOR 21-24 JUNE 2010 There were 94 disallowable instruments tabled in the Parliament. These were made under 36 separate enabling Acts. Regulations 17 of the 94 instruments were Regulations. comprising  0 made as primary instruments. through 12 Departments of State. and  17 made as amending instruments Instrument makers 37 instruments were made by the Governor-General or Ministers 57 instruments were made by Public Officials 156 .

1) Select Legislative Instrument 2010 No.DEPARTMENT OF AGRICULTURE. Advisory 157 . 126 [F2010L01584] Primary Industries and Energy Research and Development Act 1989 Management Act 1991 [F2010L01722] Fisheries Management Act 1991 Made Tabled 18/06/2010 24/06/2010 S 24/06/2010 HR Summar y Amends the principal Order to replace references to Made Tabled 15/06/2010 22/06/2010 S 22/06/2010 HR Summar y Amend Regulations the to principal specify the ‗SquidMAC‘ (being the Squid Management Advisory proportion of annual fishing levies that are to be directed to the Fisheries Research and Development Corporation in the 2009-10 financial year. Committee) with reference to SEMAC (being the South East Management Committee). FISHERIES AND FORESTRY Fisheries Management (Southern Squid Jig Fishery Management Plan 2005) Temporary subsection Order 43(2) of 2010 the under Fisheries Fisheries Research and Development Corporation Amendment Regulations 2010 (No.

DEPARTMENT OF BROADBAND. 2) under subsection 20(1) of the Do Not Call Register Act 2006 [F2010L01633] Do Not Call Register Act 2006 Determination subsection 18(1) of the Do not Call Register Act 2006 [F2010L01632] Do Not Call Register Act 2006 Made Tabled 10/06/2010 23/06/2010 S 23/06/2010 HR Made Tabled 10/06/2010 23/06/2010 S 23/06/2010 HR Summar y Corrects a drafting error in the principal Determination. 158 . Summar y Corrects drafting errors in the principal Determination. COMMUNICATIONS AND THE DIGITAL ECONOMY Do Not Call Register (Access to Do Not Call Register (Administration and Operation) 2010 Amendment (No. 2) under Register) Amendment Determination 2010 (No.

2) under subsection 64(1) of the Australian Communications and Media Authority Act 2005 [F2010L01707] Australian Communications and Media Authority Act 2005 Made Tabled 17/06/2010 24/06/2010 S 24/06/2010 HR Summar y Amends the to principal insert a Radiocommunications Licence Tax) Act 1983 [F2010L01706] Radiocommunications Licence Tax) Act 1983 Made Tabled 17/06/2010 24/06/2010 S (Transmitter (Transmitter 24/06/2010 HR Determination Summar y Amends the principal definition of a new public telecommunications apparatus licence type. of 4) under the Amendment Determination 2010 (No. service Determination to provide for a new public telecommunications service apparatus licence type.Radiocommunications (Interpretation) Radiocommunications Licence Determination subsection Tax) 2010 7(1) (Transmitter Amendment (No. 159 .

141 [F2010L01591] Television Licence Fees Act 1964 Made Tabled 15/06/2010 21/06/2010 S 21/06/2010 HR Summar y Amend the principal Regulations to specify a rebate scheme for eligible television broadcasting licensees.Television Licence Fees Amendment Regulations 2010 (No. 1) Select Legislative Instrument 2010 No. 160 .

3) Select Legislative Instrument 2010 No.DEPARTMENT OF CLIMATE CHANGE Renewable Energy (Electricity) Amendment Regulations 2010 (No. 142 [F2010L01597] Renewable Energy (Electricity) (Charge) Act 2000 Made Tabled 15/06/2010 21/06/2010 S 21/06/2010 HR Summar y Amend the principal Regulations concerning safety and quality compliance requirements for certain small generation units. 161 .

162 .DEPARTMENT OF DEFENCE Defence Determination 2010/23 Defence Act 1903 Made Tabled 2/06/2010 21/06/2010 S 17/06/2010 HR Summar y Amends the list of approved summer schools for Japan. and amends the list of approved club memberships for members of the Australian Defence Defence Determination 2010/24 Defence Act 1903 Made Tabled 2/06/2010 21/06/2010 S 17/06/2010 HR Summar y Amends rates of financial assistance for cost incurred by members of the Australian Defence Force on posting in connection with their children‘s education. Force on long-term postings overseas.

163 .Defence Determination 2010/25 Defence Act 1903 Made Tabled 8/06/2010 21/06/2010 S 17/06/2010 HR Summar y Specifies revised post indexes that apply to overseas locations where members Defence of the Force Australian serve. Defence Determination 2010/26 Defence Act 1903 Made Tabled 10/06/2010 21/06/2010 S 17/06/2010 HR Summar y Amends subsidies paid in the Group Rent Scheme. and makes other amendments to the principal Determination. amends accommodation allowances.

DEPARTMENT OF THE ENVIRONMENT.303EC/SSLI/Amend/034 [F2010L01574] Environment Protection and Biodiversity Conservation Act 1999 Made Tabled 3/06/2010 21/06/2010 S 21/06/2010 HR Summar y Adds two species of dung beetle to the list of specimens that are suitable for live import.303EB under paragraph 303EC(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 EPBC/s. HERITAGE AND THE ARTS Amendment — List of Specimens taken to be Suitable for Live Import — s.303EC/SSLI/Amend/036 [F2010L01572] Environment Protection and Biodiversity Conservation Act 1999 Made Tabled 16/03/2010 21/06/2010 S 21/06/2010 HR Summar y Removes one species of deer from the list of specimens that are suitable for live import.303EB under paragraph 303EC(1)(a) of the Environment Protection and Amendment — List of Specimens taken to be Suitable for Live Import — s. WATER. 164 . Biodiversity Conservation Act 1999 EPBC/s.

165 . 1) under section 52-1 of the Aged Care Act 1997 [F2010L01529] Aged Care Act 1997 Made Tabled 15/06/2010 23/06/2010 S 23/06/2010 HR Summar y Specifies the method for determining the amount of flexible care subsidy payable in certain circumstances involving dementia.DEPARTMENT OF HEALTH AND AGEING Aged Care (Amount of Flexible Care Subsidy — Extended Aged Care at Home — Dementia) Determination 2010 (No. 1) under section 52-1 of the Aged Care Act 1997 [F2010L01530] Aged Care Act 1997 Made Tabled 15/06/2010 23/06/2010 S 23/06/2010 HR Summar y Specifies the method for Aged Care (Amount of Flexible Care Subsidy — Extended Aged Care at Home) Determination 2010 (No. determining the amount of flexible care subsidy payable in certain circumstances.

flexible care subsidy for places allocated to a named approved provider until July 2011. 166 . 1) under section 52-1 of the Aged Care Act 1997 [F2010L01650] Aged Care Act 1997 Made Tabled 15/06/2010 24/06/2010 S 24/06/2010 HR Summar y Specifies the amount of flexible care subsidy for a day care recipient. 1) under section 52-1 of the Aged Care Act 1997 [F2010L01532] Aged Care Act 1997 Made Tabled 15/06/2010 23/06/2010 S 23/06/2010 HR Summar y Extends the provision of Aged Care (Amount of Flexible Care Subsidy — Innovative Care Services) Determination 2010 (No.Aged Care (Amount of Flexible Care Subsidy — Innovative Care Service — Congress Community Development and Education Unit Ltd) Determination 2010 (No.

167 . flexible care subsidy from 1 July 2010 that is payable for flexible care in the form of transition care under certain circumstances.Aged Care (Amount of Flexible Care Subsidy — Multi-Purpose Services) 2010 (No. 1) under Aged Care (Amount of Flexible Care Subsidy — Transition Care Services) Determination 2010 (No. 1) under Determination section 52-1 of the Aged Care Act 1997 [F2010L01531] Aged Care Act 1997 Made Tabled 15/06/2010 23/06/2010 S 23/06/2010 HR Summar y Specifies the method for section 52-1 of the Aged Care Act 1997 [F2010L01535] Aged Care Act 1997 Made Tabled 15/06/2010 23/06/2010 S 23/06/2010 HR Summar y Specifies the amount of determining the rate of flexible care subsidy payable to multipurpose services from 1 July 2010.

determining the amount of community care subsidy from 1 July 2010. 168 . 1) under subsection 48-1(3) of the Aged Care Act 1997 [F2010L01528] Aged Care Act 1997 Made Tabled 15/06/2010 23/06/2010 S 23/06/2010 HR Summar y Specifies the method for Aged Care (Residential Care Subsidy — Adjusted Determination Subsidy 2010 (No.Aged Care (Community Care Subsidy Amount) Determination 2010 (No. Reduction) 1) under section 44-19 of the Aged Care Act 1997 [F2010L01295] Aged Care Act 1997 Made Tabled 15/06/2010 23/06/2010 S 23/06/2010 HR Summar y Specifies the adjusted subsidy reduction amount from 1 July 2010.

169 . 1) under Aged Care (Residential Care Subsidy — Amount of Oxygen 2010 Supplement) (No. 1) under Determination subsection 44-14(6) of the Aged Care Act 1997 [F2010L01293] Aged Care Act 1997 Made Tabled 15/06/2010 24/06/2010 S 24/06/2010 HR Summar y Determines the amount of the enteral feeding supplement subsection 44-13(6) of the Aged Care Act 1997 [F2010L01294] Aged Care Act 1997 Made Tabled 15/06/2010 23/06/2010 S 23/06/2020 HR Summar y Determines the amount of the oxygen supplement from 1 July 2010. from 1 July 2010.Aged Care (Residential Care Subsidy — Amount of Enteral Feeding Supplement) Determination 2010 (No.

Aged Care (Residential Care Subsidy — Amount Amount of of Viability Viability 2010 Supplement) Supplement) 1) under Aged Care (Residential Care Subsidy — Basic Subsidy Amount) Determination 2010 (No. 170 . subsection 44-29(8) of the Aged Care Act 1997 [F2010L01512] Aged Care Act 1997 Made Tabled 15/06/2010 23/06/2010 S 23/06/2010 HR Summar y Specifies the amount of Summar y Specifies the indexed rates of basic subsidy that apply from 1 July 2010. 1) under subsection 44-3(2) of the Aged Care Act 1997 [F2010L01480] Aged Care Act 1997 Made Tabled 15/06/2010 23/06/2010 S 23/06/2010 HR Determination (No. viability supplement that is payable to eligible services.

Flexible Care Subsidy Amendment Health Insurance (General Medical Principles 2010 (No. Summar y Amend the principal Principles to apply them to consumer directed care. 127 [F2010L01284] Made Tabled 15/06/2010 Health Insurance Act 1973 24/06/2010 S 24/06/2010 HR Made Tabled 15/06/2010 21/06/2010 S 21/06/2010 HR Summar y Remove a redundant provision from the principal Regulations. 4) Select Legislative Instrument 2010 No. 1) under subsection 96-1(1) of the Aged Care Act 1997 [F2010L01652] Aged Care Act 1997 Services Table) Amendment Regulations 2010 (No. 171 . and make minor technical amendment.

Health Insurance (Leukoscan) Health Insurance (Positron Emission Tomography) Facilities Determination 2010 under subsection 3C(1) of the Health Insurance Act 1973 [F2010L01605] Determination 2010 under subsection 3C(1) of the Health Insurance Act 1973 [F2010L01653] Health Insurance Act 1973 Health Insurance Act 1973 Made Tabled 15/06/2010 24/06/2010 S 24/06/2010 HR Summar y Revokes the Health Insurance (LeukoScan) 2006. 172 . Determination Summar y Revokes previous concerning and replaces the Made Tabled 10/06/2010 22/06/2010 S 22/06/2010 HR Determination eligibility of Medicare benefits for positron emission tomography services.

Determination to implement the minimum hearing loss threshold. Amendment 1) under Instrument No. 173 .Hearing Services (Participants in the Voucher Determination System) 2010 (No. 85(2A) and 85(2AA) of the National Health Act 1953 [F2010L01623] National Health Act 1953 Made Tabled 3/06/2010 22/06/2010 S 22/06/2010 HR subsection 13(1) of the Hearing Services Administration Act 1997 [F2010L01642] Hearing Services Administration Act 1997 Made Tabled 2/06/2010 23/06/2010 S 23/06/2010 HR Summar y Amends the principal Summar y Specifies revisions to the list of drugs and medicinal preparations that are available as pharmaceutical benefits. PB 054 of 2010 made under subsections 85(2).

brands of for specified pharmaceutical preparations that are available as pharmaceutical benefits. 174 . PB 055 of 2010 under sections 85. 85A and 88 of the National Health Act 1953 [F2010L01637] National Health Act 1953 Made Tabled 3/06/2010 23/06/2010 S 23/06/2010 HR Summar y Specifies revisions to the list of drugs and medicinal Instrument No. PB 056 of 2010 made under section 84AF of the National Health Act 1953 [F2010L01631] National Health Act 1953 Made Tabled 3/06/2010 22/06/2010 S 22/06/2010 HR Summar y Determines. items. the responsible persons for those brands.Instrument No.

PB 057 of 2010 under section 85B of the National Health Act 1953 [F2010L01635] National Health Act 1953 Made Tabled 3/06/2010 22/06/2010 S 22/06/2010 HR Summar y Amends the principal Instrument No.Instrument No. for which payments will be made in respect of the supply of pharmaceutical approved benefits by and pharmacists approved medical practitioners. PB 058 of 2010 under paragraph 98C(1)(b) of the National Health Act 1953 [F2010L01622] National Health Act 1953 Made Tabled 3/06/2010 22/06/2010 S 22/06/2010 HR Summar y Specifies conditions under Determination concerning price determinations pharmaceutical items. 175 .

PB 061 of 2010 under subsection 84AAA(2) of the National Health Act 2053 [F2010L01639] National Health Act 1953 Made Tabled 3/06/2010 23/06/2010 S 23/06/2010 HR Summar y Amends the list of pharmaceutical items for the purposes of provisions in the Act dealing with early supply of pharmaceutical benefits. Chemotherapy Access 176 . pharmaceutical products under the Pharmaceuticals Program.Instrument No. PB 060 of 2010 under subsection 100(1) of the National Health Act 1953 [F2010L01644] National Health Act 1953 Made Tabled 7/06/2010 22/06/2010 S 22/06/2010 HR Summar y Amends the arrangements for the availability of special Instrument No.

Instrument No. 177 . Instrument No. PB 065 of 2010 under subsection 100(1) of the National Health Act 1953 [F2010l01537] National Health Act 1953 Made Tabled 9/06/2010 23/06/2010 S 23/06/2010 HR Summar y Specifies an increase in the handling fee for pharmacists under the Remote Aboriginal Health Services Program. PB 066 of 2010 under subparagraph 100(1)(b)(ii) of the National Health Act 1953 [F2010L01724] National Health Act 1953 Made Tabled 21/06/2010 24/06/2010 S 24/06/2010 HR Summar y Specifies arrangements to assist eligible Aboriginal and Torres Strait Islander patients to access PBS medicines with reduced patient co-payments.

3) under item 3A of the table in section 333-20 of the Private Health Insurance Act 2007 [F2010L01646] Private Health Insurance Act 2007 Made Tabled 15/06/2010 Made 22/06/2010 S 22/06/2010 HR Tabled principal Summar y Revoke and remake Rules which specify the minimum benefit requirements for 22/06/2010 S 22/06/2010 HR 11/06/2010 Summar y Amend the Regulations to provide for the addition of further exempt entities and make other minor amendments.National Health Security Amendment Regulations 2010 (No. 178 . psychiatric. 1) Select Legislative Instrument 2010 No. rehabilitation and palliative care and other hospital treatment. 128 [F2010L01071] National Health Security Act 2007 Private Health Insurance (Benefit Requirements) Amendment Rules 2010 (No.

2) under item 3 of the table in section 33320 of the Private Health Insurance Act 2007 [F2010L01647] Private Health Insurance (Data Provision) Rules 2010 under item 9 of the table in section 333-20 of the Private Health Insurance Act 2007 [F2010L01753] Private Health Insurance Act 2007 Private Health Insurance Act 2007 Made Made Tabled 11/06/2010 22/06/2010 S 22/06/2010 HR Summar Summar y Amend the amounts for the NHTP patient contribution at public hospitals Capital in the y Revoke and remake Rules which specify the kinds of information relating to Tabled 22/06/2010 24/06/2010 S 24/06/2010 HR treatment of insured persons that private health insurers must provide to the Secretary of the Department of Health and Ageing.Private Health Insurance (Complying Product) Amendment Rules 2010 (No. Australian Territory and the Northern Territory. 179 .

Private Health Insurance (Health Quality of Care Amendment Principles 2010 (No. other and matters relating to the declaration of facilities as hospitals. 180 . 1) under subsection 96-1(1) of the Aged Care Act 1997 [F2010L01651] Aged Care Act 1997 Insurance Business) Rules 2010 under item 6 of the table in section 333-20 of the Private Health Insurance Act 2007 [F2010L01740] Private Health Insurance Act 2007 Made Made Tabled 22/06/2010 24/06/2010 S 24/06/2010 HR Summar Summar y Revoke and remake Rules y Tabled 15/06/2010 24/06/2010 S 24/06/2010 HR Amend the principal Principles to replace the annual fire safety declaration requirement with a requirement for notification of non-compliance with State or Territory laws. which specify the statistical information provided insurers by and that must be to hospitals by private hospitals to the Department of Health provide and for Ageing.

181 .Residential Care Subsidy Amendment Principles 2010 (No. 2) Select Legislative Instrument 2010 No. 1) under subsection 96-1 of the Aged Care Act 1997 [F2010L01655] Aged Care Act 1997 Made Tabled 15/06/2010 24/06/2010 S 24/06/2010 HR Summar y Amend the principal Principles to remove certain reporting requirements concerning the Conditional Payment. 129 [F2010L01285] Therapeutic Goods Act 1989 Made Tabled 15/06/2010 22/06/2010 S 22/06/2010 HR Summar y Amend the principal Regulations to specify new scheduling arrangements for medicines and chemicals. Adjustment Therapeutic Goods Amendment Regulations 2010 (No.

Therapeutic Goods Amendment Therapeutic Goods (Charges) Regulations 2010 (No. increases in certain charges. 3) Select Legislative Instrument 2010 No. 130 [F2010L01282] Therapeutic Goods Act 1989 Made Tabled 15/06/2010 22/06/2010 S 22/06/2010 HR Summar y Amend Regulations the to principal specify Amendment Regulations 2010 (No. 182 . 131 [F2010L01283] Therapeutic Goods (Charges) Act 1989 Made Tabled 15/06/2010 21/06/2010 S 21/06/2010 HR Summar y Amend Regulations the to principal specify increases in certain fees. 1) Select Legislative Instrument 2010 No.

2) Select Legislative Instrument 2010 No.Therapeutic Goods (Medical Devices) Amendment Regulations 2010 (No. 183 . 132 [F2010L01281] Therapeutic Goods Act 1989 Made Tabled 15/06/2010 21/06/2010 S 21/06/2010 HR Summar y Amend Regulations the to principal specify increases in certain fees.

DEPARTMENT OF IMMIGRATION AND CITIZENSHIP Migration Amendment Regulations 2010 (No. 184 . and make various other amendments to those Regulations. 133 [F2010L01587] Migration Act 1958 Made Tabled 15/06/2010 21/06/2010 S 21/06/2010 HR Summar y Amend principal provisions in the Regulations concerning the definition of ―skilled occupation‖. 6) Select Legislative Instrument 2010 No.

001(1) Airworthiness 65/64 Amdt 1 [F2010L01658] Civil Aviation Act 1988 Made Tabled 16/06/2010 22/06/2010 S 22/06/2010 HR Summar y Varies the technical Directive AD/BEECH requirements for a particular type of aircraft.001(1) Airworthiness Amdt 1 [F2010L01607] Civil Aviation Act 1988 Made Tabled 15/06/2010 21/06/2010 S 21/06/2010 HR Summar y Varies the technical Directive AD/B727/74 Civil Aviation Orders. 185 . Part 39. REGIONAL DEVELOPMENT AND LOCAL GOVERNMENT Civil Aviation Orders.DEPARTMENT OF INFRASTRUCTURE. requirements for particular type of aircraft. Part 39. TRANSPORT.

160 of the Civil Aviation Safety Regulations 1998 [F2010L01478] Civil Aviation Act 1988 Made Tabled 15/06/2010 Made 22/06/2010 S 22/06/2010 HR Tabled technical Summar y Exempts a named operator from requirements concerning export certificate of 22/06/2010 S 22/06/2010 HR 10/06/2010 Summar y Varies the requirements for particular type of aircraft. airworthiness. 186 .Civil Aviation Orders.001(1) Airworthiness Directive AD/F100/97 [F2010L01594] Civil Aviation Act 1988 Made Tabled 10/06/2010 21/06/2010 S 21/06/2010 HR Summar y Varies the technical requirements for a particular type of aircraft. Part 39. CASA EX45/10 under regulation 11. Civil Aviation Orders.001(1) Airworthiness Directive AD/F50/102 [F2010L01613] Civil Aviation Act 1988 Exemption No. Part 39.

CASA EX52/10 under subregulation 308(1) of the Civil Aviation Regulations 1988 [F2010L01634] Civil Aviation Act 1988 Made Tabled 18/06/2010 21/06/2010 S 21/06/2010 HR Summar y Specifies exemptions for the owners. recording Instrument No. operators and pilots of Class A aircraft regarding timein-service requirements. 187 .Exemption No. CASA 205/10 under subregulation 179A(1) of the Civil Aviation Regulations 1988 [F2010L01566] Civil Aviation Act 1988 Made Tabled 16/06/2010 22/06/2010 S 22/06/2010 HR Summar y Permits the use of P-RNAV procedures on a specified aircraft operated by a named operator.

188 . AD/JT3D/2 on 30 June 2010 AD/CFM56/29 on 13 July 2010 AD/DAUPHIN/73 on 18 June 2010. CASA 210/10 under subregulation 179A(1) of the Civil Instrument No.Instrument No. CASA ADCX 014/10 under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 [F2010L01670] Civil Aviation Act 1988 Made 17/06/2010 21/06/2010 S 21/06/2010 HR Summar y The Airworthiness Directives were revoked as follows: Aviation Regulations 1988 [F2010L01582] Civil Aviation Act 1988 Made Tabled 10/06/2010 21/06/2010 S 21/06/2010 HR Summar y Permits the use of RNAV (RNP-AR) approaches and Tabled departures on certain aircraft operated by Qantas Airlines Ltd.

DEPARTMENT OF INNOVATION. 134 [F2010L01586] Independent Contractors Act 2006 Made Tabled 15/06/2010 22/06/2010 S 22/06/2010 HR Summar y Amend the principal Regulations to prescribe new laws under paragraph 7(2)(c) of the Independent Contractors Act 2006. SCIENCE AND RESEARCH Independent Contractors Amendment Regulations 2010 (No. 1) Select Legislative Instrument 2010 No. 189 . INDUSTRY.

2) under A New Tax System (Goods and Services Tax) Third Party Adjustment Note Information Determination (No. fees and charges that are excluded from the scope of the goods and services tax base. Fees and Charges) Determination 2010 (No. Summar y Specifies those taxes. 190 .DEPARTMENT OF THE TREASURY A New Tax System (Goods and Services Tax) (Exempt Taxes. 1) Requirements 2010 under section 81-5 of the A New Tax System (Goods and Services Tax) Act 1999 [F2010L01559] A New Tax System (Goods and Services Tax) Act 1999 paragraph 134-20(1)(d) of the A New Tax System (Goods and Services Tax) Act 1999 [F2010L01588] A New Tax System (Goods and Services Made Tabled 7/06/2010 21/06/2010 S 21/06/2010 HR Tax) Act 1999 Made Tabled 9/06/2010 21/06/2010 S 21/06/2010 HR Summar y Specifies information that must be supplied by taxpayers in a third party adjustment note.

13 of 2010 under section 57 of the Australian Prudential Regulation Authority Act 1998 [F2010L01774] Australian Prudential Regulation Authority Act 1998 Made Tabled 23/06/2010 24/06/2010 S 24/06/2010 HR Summar y Provides that information provided to APRA by locallyincorporated banks and foreign authorised institutions deposit taking under Reporting Standard ARS 320. 191 .0 is nonconfidential. Australian Authority Prudential Regulation (confidentiality) determination No.ASIC Class Order [CO 10/464] [F2010L01687] Corporations Act 2001 Made Tabled 17/06/2010 24/06/2010 S 24/06/2010 HR Summar y Amends the definition of ―short position‖ in the Corporations Regulations 2001 as modified by ASIC Class Order [CO 10/29].

Statistics. 3 of 2010 under subsection 51(1) of the Australian Prudential Regulation Authority Act 1998 [F2010L01709] Australian Prudential Regulation Authority Act 1998 Made Tabled 4/06/2010 21/06/2010 S 21/06/2010 HR Summar y Specifies certain charges for services Australian provided by the Authority Act 1998 Made Tabled 21/06/2010 24/06/2010 S 24/06/2010 HR Summar y Specifies certain charges for services Australian provided by the Prudential Prudential Regulation Authority to the Reserve Bank of Australia and the Australian Bureau of Regulation Authority relating to the supervision of banks.Australian Prudential Regulation Australian Prudential Regulation Authority instrument fixing charges No. 2 of 2010 under paragraph 51(1)(a) of the Australian Prudential Regulation Authority Act 1998 [F2010L01576] Australian Prudential Regulation Authority instrument fixing charges No. 192 .

and superannuation interests. 2) Select Legislative Instrument 2010 No. margin loans. managed investment schemes. 135 [F2010L01585] Corporations Act 1989 Made Tabled 15/06/2010 22/06/2010 S 22/06/2010 HR Summar y Amend Regulations the to principal prescribe Income Tax Amendment Regulations 2010 (No. 136 [F2010L01575] Income Tax Assessment Act 1936 Made Tabled 15/06/2010 21/06/2010 S 21/06/2010 HR Summar y Amend Regulations arrangements for the principal regarding overseas matters relating to Product Disclosure Statements for defence service and amend the formula used to calculate the rebate threshold for the senior Australians tax offset.Corporations Amendment Regulations 2010 (No. 193 . 5) Select Legislative Instrument 2010 No.

Life Insurance (prudential standard) determination No. 194 . and Prudential Standard LPS 310 Audit and Related Matters which applies to all life companies including friendly societies and registered nonoperating holding companies. specifies the form for this. 01 of 2010 under subsection 230A(5) of the Life Insurance Act 1995 [F2010L00619] Life Insurance Act 1995 Made Tabled 2/03/2010 21/06/2010 S 21/06/2010 HR Summar y Revokes and replaces the Lodgment of income tax returns for the year of income ended 30 June 2010 in accordance with the Income — Tax Assessment Act 1936 and the Taxation Administration Act 1953 Child Support Agency — parents with a child support assessment [F2010L01595] Income Tax Assessment Act 1936 Taxation Administration Act 1953 Made Tabled 10/06/2010 21/06/2010 S 21/06/2010 HR Summar y Requires liable and recipient parents under a child support assessment to lodge an annual income tax return.

195 .Lodgment of returns for the year of income ended with 30 June the 2010 in Tax Lodgment of statements by first home saver account providers for the year ended 30 June 2010 in accordance with the Taxation Administration Act 1953 [F2010L01596] Taxation Administration Act 1953 Made Tabled 10/06/2010 21/06/2010 S 21/06/2010 HR accordance Income Assessment Act 1936. the Income Tax Assessment Act 1997. Superannuation Industry (Supervision) Act 1993. and the Income Tax (Transitional Provisions) Act 1997 [F2010L01593] Income Tax (Transitional Provisions) Act 1997 Income Income Tax Tax Assessment Assessment Act Act 1936 1997 Summar y Specifies how First Home Saver Account providers are required to lodge First Home Saver Account activity Superannuation Industry (Supervision) Act Taxation Administration Act 1953 Made Tabled 10/06/2010 21/06/2010 S 21/06/2010 HR Summar y Specifies who is to lodge an annual return and the due date for lodgment. Act the Taxation the Administration 1953. 1993 statements.

196 . 2) Select Legislative Instrument 2010 No. 3) Select Legislative Instrument 2010 No. specify an exemption for special purpose funding entities from licensing requirements in specified circumstances. typographical errors. and make other minor amendments.National Consumer Credit Protection Amendment Regulations 2010 (No. 137 [F2010L01578] National Consumer Credit Protection Act 2009 Made Tabled 15/06/2010 22/06/2010 S 22/06/2010 HR Summar y Amend Regulations the to principal correct National Consumer Credit Protection (Fees) Amendment Regulations (No. 138 [F2010L01581] National Consumer Credit Protection (Fees) Act 2009 Made Tabled 15/06/2010 21/06/2010 S 21/06/2010 HR Summar y Amend the principal Regulations to provide for the indexation of fees.

197 . 139 [F2010L01580] and Amendment Consequential Regulations Superannuation (Administration) Regulations 2010 (No.National Consumer Credit Protection (Transitional Provisions) 2010 (No. and make other minor amendments. for exemption special purpose funding entities from registration requirements in specified circumstances. 1) Guarantee Amendment Select Legislative Instrument 2010 No. 3) Select Legislative Instrument 2010 No. 140 [F2010L01577] Superannuation Guarantee National Consumer Credit Protection (Transitional and Consequential (Administration) Act 1992 Made Tabled 15/06/2010 21/06/2010 S 21/06/2010 HR Provisions) Act 2009 Made Tabled 15/06/2010 22/06/2010 S 22/06/2010 HR Summar y Amend Regulations corrections carried specify in the to principal make to Summar y Specify Medicare Australia as an approved clearing house relation over an instruments.

DEPARTMENT OF VETERANS' AFFAIRS

198

Amendment Statement of Principles under section 196B(3) of the Veterans' Entitlements Act 1986 Instrument No. 60 of 2010 [F2010L01673] Military Compensation Rehabilitation Act and 2004

Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 24/06/2010 S 24/06/2010 HR Summar y Amends the Statement of

Principles concerning fibrosing interstitial lung disease arising from rendered operational by service war

eligible

service rendered by veterans, and defence service rendered by members of the Forces.

199

Amendment Statement of Principles under section 196B(8) of the Veterans' Entitlements Act 1986 Instrument No. 59 of 2010 [F2010L01672] Military Compensation Rehabilitation Act and 2004

Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 24/06/2010 S 24/06/2010 HR Summar y Amends the Statement of

Principles concerning fibrosing interstitial lung disease arising from rendered operational by service veterans,

peacekeeping service rendered by members of Peacekeeping Forces, or hazardous service rendered by members of the Forces.

200

Amendment Statement of Principles under section 196B(8) of the Veterans' Entitlements Act 1986 Instrument No. 61 of 2010 [F2010L01674] Military Compensation Rehabilitation Act and 2004

Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 24/06/2010 S 24/06/2010 HR Summar y Amends the Statement of

Principles concerning vascular dementia arising from

operational service rendered by veterans, peacekeeping service rendered by members Forces, of or

Peacekeeping

hazardous service rendered by members of the Forces.

201

and defence service rendered by members of the Forces. 62 of 2010 [F2010L01675] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 24/06/2010 S 24/06/2010 HR Summar y Amends the Statement of Principles concerning vascular dementia arising from operational service rendered by eligible war service rendered by veterans. 202 .Amendment Statement of Principles under subsection 196B(8) of the Veterans' Entitlements Act 1986 Instrument No.

peacekeeping service rendered by members of Peacekeeping Forces. 203 . or warlike or non warlike service rendered by members of the Defence Force.Statement of Principles under subsection 196B(2) and (8) of the Veterans' Entitlements Act 1986 Instrument No. 47of 2010 [F2010L01660] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 23/06/2010 S 23/06/2010 HR Summar y Provides a new Statement of Principles concerning methaemoglobinaemia arising from rendered operational by service veterans. hazardous service rendered by members of the Forces.

peacekeeping service rendered by members of Peacekeeping Forces.Statement of Principles under subsection 196B(2) and (8) of the Veterans' Entitlements Act 1986 Instrument No. 49 of 2010 [F2010L01662] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 23/06/2010 S 23/06/2010 HR Summar y Provides a new Statement of Principles barotrauma concerning arising sinus from operational service rendered by veterans. 204 . hazardous service rendered by members of the Forces. or warlike or non warlike service rendered by members of the Defence Force.

hazardous service rendered by members of the Forces. 51 of 2010 [F2010L01664] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 24/06/2010 S 24/06/2010 HR Summar y Provides a new Statement of Principles concerning internal derangement arising of the knee from operational service rendered by veterans. peacekeeping service rendered by members of Peacekeeping Forces. 205 .Statement of Principles under subsection 196B(2) and (8) of the Veterans' Entitlements Act 1986 Instrument No. or warlike or non warlike service rendered by members of the Defence Force.

206 .Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986 Instrument No. peacekeeping service rendered by members of Peacekeeping Forces. or warlike or non warlike service rendered by members of the Defence Force. 53 of 2010 [F2010L01666] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 23/06/2010 S 23/06/2010 HR Summar y Provides Principles a Statement of acute concerning articular cartilage tear arising from rendered operational by service veterans. hazardous service rendered by members of the Forces.

55 of 2010 [F2010L01668] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 23/06/2010 S 23/06/2010 HR Summar y Provides Principles a Statement of acute concerning meniscal tear of the knee arising from operational service rendered by veterans. or warlike or non warlike service rendered by members of the Defence Force.Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986 Instrument No. 207 . peacekeeping service rendered by members of Peacekeeping Forces. hazardous service rendered by members of the Forces.

57 of 2010 [F2010L01676] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 23/06/2010 S 23/06/2010 HR Summar y Provides Principles Dupuytren‘s from rendered a Statement disease of concerning arising service veterans. or warlike or non warlike service rendered by members of the Defence Force. hazardous service rendered by members of the Forces. operational by peacekeeping service rendered by members of Peacekeeping Forces. 208 .Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986 Instrument No.

48 of 2010 [F2010L01661] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 23/06/2010 S 23/06/2010 HR Summar y Provides a new Statement of Principles concerning methaemoglobinaemia arising from eligible war service rendered by veterans.Statement of Principles under subsection 196B(3) and (8) of the Veterans' Entitlements Act 1986 Instrument No. 209 . defence service rendered by members of the Forces. and peacetime service rendered by members of the Defence Force.

Statement of Principles under subsection 196B(3) and (8) of the Veterans' Entitlements Act 1986 Instrument No. and peacetime service rendered by members of the Defence Force. 210 . defence service rendered by members of the Forces. 50 of 2010 [F2010L01663] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 23/06/2010 S 23/06/2010 HR Summar y Provides a new Statement of Principles barotrauma concerning arising sinus from eligible war service rendered by veterans.

Statement of Principles under subsection 196B(3) and (8) of the Veterans' Entitlements Act 1986 Instrument No. defence service rendered by members of the Forces. 211 . 52 of 2010 [F2010L01665] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 24/06/2010 S 24/06/2010 HR Summar y Provides a new Statement of Principles concerning internal derangement arising from of the knee war eligible service rendered by veterans. and peacetime service rendered by members of the Defence Force.

and peacetime service rendered by members of the Defence Force.Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986 Instrument No. 54 of 2010 [F2010L01667] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 23/06/2010 S 23/06/2010 HR Summar y Provides Principles a Statement of acute concerning articular cartilage tear arising from eligible war service rendered by veterans. defence service rendered by members of the Forces. 212 .

213 . and peacetime service rendered by members of the Defence Force. 56 of 2010 [F2010L01669] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 23/06/2010 S 23/06/2010 HR Summar y Provides Principles a Statement of acute concerning meniscal tear of the knee arising from eligible war service rendered by veterans. defence service rendered by members of the Forces.Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986 Instrument No.

defence service rendered by members of the Forces. 58 of 2010 [F2010L01671] Military Compensation Rehabilitation Act and 2004 Veterans’ Entitlements Act 1986 Made Tabled 18/06/2010 24/06/2010 S 24/06/2010 HR Summar y Provides Principles Dupuytren‘s from a Statement disease war of concerning arising service eligible rendered by veterans.Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986 Instrument No. 214 . and peacetime service rendered by members of the Defence Force.

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