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THE
CONSUMER PROTECTION RULES, 1987
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2.
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2A.
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3.
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4.
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5.
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6.
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7.
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8.
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9.
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9A.
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10.
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10A.
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10B.
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11.
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12.
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12A.
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13.
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14.
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14A.
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15.
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15A.
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16.
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The
principal rules were published in the Gazette of India vide number GSR
398(E) dated 15th April, 1987 and subsequently amended vide;
1. GSR 533(E) dated 14.8.1991, 2. GSR 800(E) dated 30.12.1993, 3. GSR 522(E)
dated 22.6.1994 , 4. GSR 605(E) dated 30.8.1995, 5.
GSR 759(E) dated 21.11.1995, 6. GSR 95(E) dated 27.2.1997, 7. GSR 88(E)
dated 24.2.1998, 8. GSR 175(E) dated 5.3.2004. 9. GSR 50(E) dated 1.2.2005, 10.
GSR 64(E) dated 10.2.2005, 11. GSR 67(E) dated 11.2.2005, 12. GSR 273(E) dated
5.5.2006, 13. GSR 462(E) dated 4.8.2006 and 14. GSR 637(E) dated 13.10.2006.
THE
CONSUMER PROTECTION RULES 1987
(Amended
up to 13.10.2006)
In exercise of the powers conferred by
sub-section (1) of section 30 of the Consumer Protection Act, 1986 (68 of
l986), the Central Government hereby makes the following rules, namely:
1. Short
title, extent and commencement. - (1)
These rules may be called the Consumer Protection
(Second Amendment) Rules, 2006.
(2)
They shall
come into force on the date of their publication in the Official Gazette.
2. Definitions. - ln
these rules, unless the context otherwise requires--
(a) "Act' means the Consumer Protection Act
l986 (68 of 1986);
(b) "agent” means a person duly authorised by a party to present any complaint, appeal or
reply on its behalf before the National Commission;
(c) "appellant”
means a party which makes an appeal against the order of the State Commission;
(d) "chairman"
means a chairman of the Central Consumer Protection Council established under
sub-section (1 ) of the section 4 of the Act;
(e) "memorandum"
means any memorandum of appeal filed by the appellant;
(f) "opposite
party" means a person who answers complaint or claim;
(g) "president”
means the President of the National Commission;
(h) “respondent” means
the person who answers any memorandum of appeal;
(i) “section" means section of the Act;
(j) “state” includes
Union territories also;
(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.
2A. State
Governments to recognise a laboratory as an
appropriate Laboratory. - (1)
For the purpose of obtaining recognition as an appropriate laboratory, the
applicant shall send application, in triplicate, 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.
(2)
The State Government on receiving the
application from the applicant, 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). The fee charged by the Bureau
of Indian Standards, for this purpose, shall be paid by the applicant.
(3)
The State Government on receiving the
recommendations and approval of the Bureau of Indian Standards,
shall notify that laboratory as an “appropriate laboratory" for the
purpose of Consumer Protection Act, 1986 for a period of three years.
3. The Constitution of the Central
Consumer Protection Council and the Working Groups. - (1)
The Central Government shall, by notification in the Official Gazette
constitute the Central Consumer Protection Council (herein after referred to as
the Central Council) which shall consist of the following members, not
exceeding 35, namely:—
(a) the Minister
in-charge of Consumer Affairs in the Central Government who shall be the
Chairman of the Central Council;
(b)
the Minister of State (where he is not
holding independent charge) or Deputy Minister in charge of Consumer Affairs in
the Central Government who shall be the Vice-Chairman of the Central Council;
(c)
the Minister in-charge of Consumer Affairs of two of
the States from each region as mentioned in Schedule I to be changed by
rotation on expiration of the term of the Council on each occasion;
(ca) an administrator (whether designated as
administrator or Lieutenant Governor), of a Union Territory, to represent a
Union Territory, as mentioned in Schedule II, to be changed by rotation on
expiration of the term of the Council on each occasion;
(d) two Members of Parliament — one from the Lok
Sabha and one from the Rajya
Sabha;
(f) representatives of
the Central Government Departments and autonomous orginisations
concerned with consumer interests—not exceeding five;
(f(a)The Registrar, National Consumer Disputes Redressal
Commission, New Delhi.
(g)
representatives of the Consumer Organisations from amongst the Indian members of the
International Organisation, namely, Consumer
International – not exceeding six, to be nominated by the Central Government;
(ga) representatives
with proven expertise and experience who are capable of representing consumer
interests, drawn from amongst consumer organizations, consumer activists,
women, farmers trade and industry – not exceeding five, one from each of the
regions specified in Schedule annexed to these rules;
(j)
the Secretary in-charge of Consumer
Affairs in the State to be nominated by the Central Government – not exceeding
three;
(k)
the
Secretary in-charge of Consumer Affairs in the Central Government shall be the
member – secretary of the Central Council.
(2) The term of the Council shall be three years.
(3) Any member may, by writing under his hand to
the Chairman of the Central Council, resign from the Council. The vacancies, so caused or otherwise, shall be filled from the
same category by the Central Government and such person shall hold office so
long as the member whose place he fills would have been entitled to hold
office, if the vacancy had not occurred.
4. Procedure of the Central Council.—Under
sub-section (2) of section 5, the Central Council shall observe the following
procedure in regard to the transaction of its business,—
(1) The meeting
of the Central Council shall be presided over by the Chairman. In the absence
of the Chairman, the Vice-Chairman shall preside over the meeting of the
Central Council. In the absence of the Chairman and the Vice-Chairman, the
Central Council shall elect a member to preside over that meeting of the
Council.
(2) Each
meeting of the Central Council shall be called by giving, not less than ten
days from the date of issue, notice in writing to every member.
(3) Every
notice of a meeting of the Central Council shall specify the place and the day
and hour of the meeting and shall contain statement of business to be
transacted thereat.
(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.
(5)
For the purpose of performing its functions under the
Act, the Central Council may constitute from amongst its members, 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.
(6)
In connection with the journey undertaken to and fro
by the non-official members for attending the meeting of the Central Consumer
Protection Council or its working group, they shall be entitled to avail first
class or two-tier air- conditioned class of railway accommodation by all trains
(including Rajdhani Express) and claim such fare
or cost of actual mode of travel, whichever is less. The non-official
members from Island territories shall be entitled to,
to and fro air journey (economy class) in domestic airlines from the Islands to the nearest main-land airport and thereafter rail fare by entitled
class. The non-official members who are senior citizens shall be entitled to,
to and fro air-journey (economy class) in domestic airlines on availing senior
citizen concessional air fare for their journeys
provided the distance being travelled is 1000 kms or above. The non-official members shall be entitled to
a sum of Rs.1000 per day as incidental charges to cover the expenditure towards
their daily allowance, lodging, local conveyance from residence to the
station/airport and from station/airport to the venue of meeting and
vice-versa. Every claim made under this sub-rule shall be subject to certifying
that the member will not claim any benefit from any other Central Government
Ministry, Department or Organization during his visit for attending the meeting
of the Central Consumer Protection Councilor any of its Working Group. Local
non-official members residing at the place of the venue of the meeting, shall
be paid consolidated conveyance, hire charges and incidental charges to cover
the daily allowances, to the tune of Rs.200 per diem irrespective of the
classification of the city'. Members of Parliament attending meetings of the
Councilor its Working Group shall be entitled to travelling
and daily allowances at such rates as are admissible to such members".
(7)
The resolution passed by the Central Council shall be
recommendatory in nature.
5. Place of the National Commission.—The office of the National Commission shall be located in
the Union Territory of Delhi.
6. Working days and office hours of the
National Commission.—The working
days and office hours of the National Commission shall be the same as that of
the Central Government.
7. Seal and emblem.—The official seal and emblem of the National Commission
shall be such as the Central Government may specify.
8. Sitting of the National Commission.—The sitting of the National Commission as and when
necessary, shall be convened by the President.
9. Staff of the National Commission.—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. The salary payable to such staff shall be defrayed out of the
Consolidated Fund of India.
9A. Fee for making complaints before District
Forum - (1) Every complaint filed under sub-section (1) of section
12, sub-section (1) of section 17 and clause (a) in sub-clause (i) of section 21 of the Act shall be accompanied by a fee
as specified in the table given below in the form of crossed Demand Draft drawn
on a nationalised bank or through a crossed Indian
Postal Order drawn in favour of the Registrar of the
State Commission and payable at the respective place where the State Commission
or the National Commission is situated.
(2) The concerned authority referred to in
sub-rule (1) shall credit the amount of fee received by it into the Consumer
Welfare Fund of the respective State and where such fund is not established
into the Receipt Account of the State Government and in the case of the
National Commission, to the Consumer Welfare Fund of the Central Government.
TABLE
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Sl.
No.
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Total
Value of goods or services and the compensation claimed
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Amount
of fee payable
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(1)
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(2)
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(3)
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District Forum |
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(1)
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Upto
one lakh rupees – For complainants who are under
the Below Poverty Line holding Antyodaya Anna Yojana Cards
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Nil
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(2)
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Upto
one lakh rupees – For complainants other than Antyodaya Anna Yojana card
holders.
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Rs.100
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(3)
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Above one lakh and upto five lakh rupees
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Rs.200
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(4)
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Above five lakh and upto ten lakh rupees
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Rs.400
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(5)
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Above ten lakh and upto twenty lakh rupees
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Rs.500
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State Commission |
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(6)
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Above twenty lakh and upto fifty lakh rupees
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Rs.2000
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(7)
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Above fifty lakh and upto one crore rupees
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Rs.4000
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National Commission |
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(8)
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Above one crore rupees
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Rs.5000
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TABLE
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Sl.
No.
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Value of goods or services and
the
compensation claimed
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Amount
of fee payable
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(1)
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(2)
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(3)
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District Forum |
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(1)
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(1) Upto one lakh rupees
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Rs.100
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(2)
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One lakh rupees and above but less than five lakh rupees
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Rs.200
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(3)
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Five lakh rupees and above but less than Rs.10 lakh
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Rs.400
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(4)
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Ten lakh rupees and above but not exceeding twenty lakh rupees
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Rs.500
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(3) The complainants
who are under the Below Poverty Line shall be entitled for the exemption of payment
of fee only on production of an attested copy of the Antyodaya
Anna Yojana cards.
10. Additional powers of the National
Commission, State Commission and District Forum. - (1)
The National Commission, the State Commission and the District Forum shall have
power to require any person,—
(a) to produce before, and allow to be examined
and kept by an officer of the National Commission, the State Commission or the
District Forum, as the case may be, specified in this behalf, such books,
accounts, documents or commodities in the custody or under the control of the
person so required as may be specified or described in the requisition, if the
examination of such books, accounts, documents or commodities are required for
the purpose of this Act;
(b) to furnish to an
officer so specified, such information as may be required for the purpose of
this Act.
(2)(a) Where during any proceedings under this Act,
the National Commission, the State Commission or the District Forum, as the
case may be, has any ground to believe that any book, paper, commodity or
document which may be required to be produced in such proceedings, are being or
may be, destroyed, mutilated, altered, falsified or secreted, it may, by
written order, authorise any officer to exercise the
power of entry and search of any premises. Such authorised
officer may also seize such books, papers, documents or commodities as are
required for the purpose of this Act:
Provided
that such seizure shall be communicated to the National Commission, the State
Commission or the District Forum, as the case may be, as soon as it is made or
within a period not exceeding 72 hours of making such seizure after specifying
the reasons in writing for making such seizure.
(b) The National Commission, the State Commission
or the District Forum, as the case may be, on examination of such seized
documents or commodities, as the case may be, may order the retention thereof
or may return it to the party concerned.
10A. Credit of the fine into the Consumer
Welfare Fund when consumers are not identified conveniently.
(1) Where an order is passed by the National
Commission in exercise of the powers vested under clause (hb)
of sub-section (1) of section 14 directing the opposite party to pay such
amount as determined by it on account of loss or injury suffered due to defects
in goods complained ~gains~ or alleged deficiency of service to a large number
of consumers, who are not identifiable conveniently;
Such
sum shall be credited by the National Commission in the Consumer Welfare Fund
established by the Central Government under section 12 (C) of the Central
Excise Act, '1944 (1 of 1944).
(2) Any amount credited to the said Fund shall be
utilized in accordance with the provisions of the Consumer Welfare Fund Rules,
1992.
10B. Number of Members in the National
Commission: - The National Commission shall consist
of not less than four members and not more than nine members and at least one
of them shall be a woman.
11. Salaries, honorarium and other
allowances of the President and Members of the National Commission.—(1)
The President of the National Commission shall be entitled to salary,
allowances and other perquisites as are available to a sitting Judge of the
Supreme Court.
(1A)
The other members of the National Commission appointed on whole time basis
shall be entitled to the following honorarium and other allowances with effect
from the 1st day of April, 2006, namely :-
(a)
the members shall be paid twenty-three
thousand rupees per month by way of honorarium:
Provided
that the members, who are retired Judges of High Courts or retired Secretaries
to the Government of India shall have the option to either receive consolidated
honorarium of twenty-three thousand rupees per month or receive remuneration of
last pay drawn less pension;
(b)
a woman who has not held an office of
profit earlier, on appointment as a member shall be entitled to a pay in the
scale of Rs.24050-26000 per month along with other benefits;
(c)
the members shall be provided with
Government accommodation or receive house rent allowance of eight thousand
rupees per month in lieu thereof;
(d)
the members shall be paid conveyance
allowance at the rate of ten thousand rupees per month, if no chauffeur driven
government vehicle is provided in which event one hundred fifty liters of
petrol shall be supplied or the price thereof shall be paid;
(e)
the members shall be entitled to one
thousand free calls for the telephone installed at their residence, with STD
and ISD facilities; and
(f)
the
members shall be entitled to fifteen days casual leave in a year.
(2) The
members shall be entitled to traveling and daily allowances on official tours
at the same rates as are admissible to group 'A'
Officers of the Central Government.
(3) The honorarium or the salary, as the case may
be, and other allowances shall be defrayed out of the Consolidated Fund of
India.
12. Terms and conditions of service of the
President and members of the National Commission.--(1)
Before appointment, 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.
(3)
Notwithstanding anything contained in sub-rule (2) the President or a member
may.—
(a) by writing under his
hand and addressed to the Central Government resign his office at any time but
his office shall become vacant only when such resignation is accepted by the
Central Government,
(b) be removed from his
office in accordance with the provisions of rule 13.
(4) The terms and conditions of service of the
President and the members shall not be varied to their disadvantage during
their tenure of office.
(5) A casual vacancy caused by resignation or
removal of the President or any other member of the National Commission under
sub-rule (3) or otherwise shall be filled by fresh appointment.
(6) when the office of
the President of the National Commission is vacant or a person occupying such
office is by reason of absence or otherwise, unable to perform the duties of
his office, the same shall, save as otherwise provided in the proviso to
section 22 D be performed by the senior most member of the National Commission.
(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.
12A. Procedure for
selection of members. - (1)
Save as otherwise provided in sub-rule (2), the process of appointment of a
member shall be initiated at least three months before the vacancy arises.
(2) If a post falls vacant due to resignation or
death of a member or creation of a new post, the process for filling the post
shall be initiated immediately after the post has fallen vacant or its created, as the case may be.
(3)
An advertisement of a vacancy inviting applications from eligible candidates
may be published in leading newspapers in India
or by vacancy circulars or both, as may be decided by the Central Government.
(4) After scrutiny of the applications received
till the last date specified for receipt of applications, a list of eligible
candidates alongwith their applications shall be
placed before the Selection Committee constituted under the third proviso to
sub-section (1) of section 20.
(5)
The Selection Committee shall consider all the applications of eligible
applicants referred to it.
(6) The Selection Committee shall, subject to the
provisions of sub-rule (6A), assess the suitability of the candidates for the
post of Member.
Provided that the Selection
Committee may, if it considers necessary, depending on the number of
candidates, short list them on the basis of comparative merit and experience of
such candidates for selection.
(6A)
The Selection Committee shall assess the suitability of the candidates and
where short listing is done, from among the short-listed candidates, for the
post of Member in the Following manner, namely:-
(a)
in the case of candidates having
judicial background, by assessing them on the basis of the judgments and other
judicial orders passed by such candidates;
(b)
in the case of candidates having
experience of working under the Central Government or any State Government or
an undertaking under the Central Government or a State Government, by assessing
such candidates on the basis of their Annual Confidential Reports and their
experience relevant to the post applied for;
(c)
in other cases, the suitability of the
short listed candidates shall be assessed by the Selection Committee on the
basis of personal interview conducted by it:
Provided
that notwithstanding anything contained in this sub-rule, the Selection
Committee may, for assessing the suitability of a class or category of
candidates, if it considers necessary, call such class or category of
candidates for interview for assessing their suitability for the post of
Member.
(7) The Selection Committee may, on the basis of
its assessment made by it, recommend a panel of names of candidates for
appointment as members from amongst the applicants referred to in sub-rule (5)
in order of merit for the consideration of the Central Government.
(8) The Central Government shall, before seeking
approval of the Appointments Committee of the Cabinet, verify or cause to be
verified the credentials and antecedents of the candidates selected by the
Central Government from the panel recommended by the Selection Committee and
satisfy the suitability of such candidates for appointment as members.
(9) Every appointment of a member shall be subject
to his medical fitness.
13. Removal of President or members from
office in certain circumstances. - (1) The Central
Government may remove from office, the President or any member, who,—
(a) has been adjudged as
an insolvent; or
(b) has been convicted of
an offence which, in the opinion of the Central Government, involves moral
turpitude; or
(c) has become physically
or mentally incapable of acting as the President or the member; or
(d) has acquired such
financial or other interest as is likely to affect prejudicially his functions
as the President or a member; or
(e) has so abused his
position as to render his continuance in office prejudicial to the public
interest ;or
(f) remain absent in three
consecutive sittings except for reasons beyond his control.
(2) Notwithstanding anything contained in sub rule
(1), the President or any member of the National Commission shall not be
removed from his office except by an order made by the Central Government
on the grounds specified in clauses (d), (e) and (f) of that sub-rule and after
an inquiry held by a sitting Judge of the Supreme Court nominated by the Chief
Justice of India in which the President or member of the National Commission,
as the case may be, has been informed of the charges against him and given a
reasonable opportunity of being heard in respect of those charges and found
guilty.
14. Procedure to be followed by the National
Commission.—(1) 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, addressed to the National Commission:
(a) the name, description
and the address of the complainant;
(b) the name, description
and address of the opposite party or parties, as the case may be, so far as
they can be ascertained;
(c) the facts relating to
the complaint and when and where it arose;
(d) documents in support
of the allegations contained in the complaint;
(e) the relief which the
complainant claims.
(1A) Every complaint under sub-rule
(1) shall be accompanied by the relevant fee as
is specified in rule 9A.
(1B) Every
complaint under sub-rule (1) shall be filed in quadruplicate or with such
number of copies as may be required by the National Commission.
(2) The National Commission shall, in disposal of
any complaint before it, as far as possible, follow the procedure and
conditions including the provisions governing adjournments as laid down in
sections 12 and 13 in relation to the complaints received by the District
Forum, with such modification as may be considered necessary by the Commission.
(3) On the date of hearing or any other date to
which hearing could be adjourned, it shall be obligatory on the parties or
their agents to appear before the National Commission. Where the complainant or
his agent fails to appear before the National Commission on such days, the
National Commission may in its discretion either dismiss the complaint for
default or decide it on merits . Where the opposite
party or its agent fails to appear on the date of hearing the National
Commission may decide the complaint ex-parte.
(4) The National Commission may, on such terms as
it deems fit and at any stage of the proceedings, 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.
(4A)
In the event of a complaint being disposed of after the period specified in
sub-rule (4), the National Commission shall record in writing, the reasons for
the delay in such disposal.
(5) If after the proceedings conducted under
sub-rule (3), the National Commission is satisfied with the allegations
contained in the complaint, it shall issue orders to the opposite party or
parties, as the case may be, directing him or them to take one or more of the
things as mentioned in sub-section (1) of section 14. The National Commission
shall also have the power to direct that any order passed by it, 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, 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.
14A. Appeals before National Commission.-
Every appeal filed in terms of section 19 shall be accompanied by such
amount as specified in the second proviso to the said section and such amount
may be remitted in the form of a crossed Demand Draft drawn on a
nationalized bank in favour of the Registrar,
National Commission, payable at Delhi.
The National Commission dealing with the appeals filed before them shall follow
the provisions of section 19 and 19A as may be required to hear the
appeals filed before the Commission.
Explanafion.- In
this rule, "nationalized bank" means a corresponding new bank
specified in the First Schedule to the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1970 (5 of 1970) or a corresponding new bank
specified in the First Schedule to the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1980 (40 of 1980).
15. Procedure for hearing the appeal.-- (1) 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.
(2) Every
memorandum filed under sub-rule (I) shall be in legible handwriting preferably
typed and shall set forth concisely under distinct heads, the grounds of appeal
without any argument or narrative and such grounds shall be numbered
consecutively.
(3) Each
memorandum shall be accompanied by a crossed demand draft as referred to in
rule 14A and 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.
(4) When the
appeal is presented after the expiry of the period of limitation as specified
in the Act, 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.
(5) The
appellant shall submit four
copies or such number of 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, it shall be
obligatory for the parties or their agents to appear before the National Commission . If appellant or his agent fails to appear on
such date, the National Commission may in its discretion either dismiss the
appeal or decide ex-parte on merits. If the
respondent or his agent fails to appear on such date, the National Commission
shall proceed ex-parte and
shall decide the appeal on merits of the case.
(7) The appellant
shall not, except by leave of the National Commission, urge or be heard in
support of any ground of objection not set forth in the memorandum but the
National Commission, in deciding the appeal, 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, has been given, an
opportunity of being heard by the National Commission.
(8) No adjournment shall ordinarily be granted by
the National Commission, unless sufficient cause is shown and the reasons for
grant of adjournment have been recorded in writing by the Commission. The
National Commission may also adjourn the hearing of the appeal suo motu, on such terms as it may
think fit and at any stage of the proceedings for reasons to be recorded in
writing. The appeal shall be decided, as far as possible, within ninety days
from the date of its admission. In the event of an appeal being disposed of
after the period so specified, the National Commission shall record in writing
the reasons of the same at the time of disposal of the said appeal.
(9) The order of the National
Commission shall be communicated to the parties concerned free of cost.
15A. Sitting
of the National Commission and signing of orders.
- (1) Every proceeding of the National Commission shall
be conducted by the President or the seniormost
member authorised and at least two members thereof
sitting together except when a bench is constituted by the President of the
National Commission with one or more members as he may deem fit.
Provided
that where the member or members for any reason are unable to conduct the
proceeding till it is completed, the President or the senior most member, as provided in section 22D of the Act, shall conduct
such proceedings from the state at which it was last heard by the previous
member.
(2) Every order made by the National Commission
shall be signed by the President or the seniormost
member as provided in section 22D and at least two members who conducted the
proceeding and if there is any difference of opinion among themselves,
the opinion of majority shall be the order of the National Commission:
Provided
that where the proceeding is conducted by the President or the seniormost member as provided in section 22D and three
members thereof 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 such point or points shall be decided
accordingly to the opinion of the majority of the National Commission.
16. Manner of deposit of amount in appeals
before Supreme Court - Every appeal filed before the
Supreme Court in terms of section 23 shall be accompanied by an amount as
provided in the second proviso to that section and such
amount may be remitted in the form of a crossed Demand Draft drawn on a
nationalized bank in favour of Registrar, Supreme
Court, payable at Delhi.
Explanation.-
In this rule, "nationalized bank" means a
corresponding new bank specified in the First Schedule to the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or a
corresponding new bank specified in the First Schedule to the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980)
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