## Report on Delhi Consumer Protection Rules, 2022
**1. Executive Summary:**
This report analyzes the "Delhi Consumer Protection Salary, allowances and conditions of service of President and Members of the State Commission and District Commission Rules, 2022" based on the provided government notification. This new policy establishes the framework for the salaries, allowances, and conditions of service for the President and Members of the State and District Consumer Disputes Redressal Commissions in Delhi. Key provisions include setting salary levels based on existing government pay scales (District Judge and Additional/Deputy Secretary levels), providing for annual salary revisions, and outlining conditions related to medical fitness, housing, transport, leave, and post-retirement employment. The policy aims to ensure the proper functioning and independence of these commissions by attracting qualified individuals and providing them with appropriate compensation and service conditions.
**2. Introduction:**
This report provides an overview and analysis of the "Delhi Consumer Protection Salary, allowances and conditions of service of President and Members of the State Commission and District Commission Rules, 2022" as outlined in the provided official notification. The report aims to inform stakeholders about the key provisions of this policy. The analysis is based solely on the information contained within the provided text.
**3. Policy Overview:**
* This is a *New Policy*.
* **Core Objective(s):** The core objective, inferred from the text, is to establish the salary, allowances, and conditions of service for the President and Members of the State and District Consumer Disputes Redressal Commissions in Delhi. This aims to enable the effective operation of these commissions established under the Consumer Protection Act, 2019.
**4. Background and Rationale:**
* **New Policy Rationale:** This policy likely addresses the need to define the compensation and working conditions for the personnel involved in consumer dispute resolution. Without a clear framework for salary, allowances, and other service conditions, it would be difficult to attract and retain qualified individuals for these positions. The establishment of these rules is essential for the proper functioning of the consumer protection mechanism in Delhi, which requires an independent body of personnel.
**5. Key Provisions / Changes:**
* As a new policy, the following are the main components and rules:
* **Title and Commencement:** The rules are called "Delhi Consumer Protection Salary, allowances and conditions of service of President and Members of the State Commission and District Commission Rules, 2022" and come into effect from the date of their notification in the official Gazette.
* **Definitions:** Defines key terms such as "Act" (Consumer Protection Act, 2019), "Member," "President," and "State Government."
* **Salaries and Allowances (District Commission):**
* The President receives salary and allowances equal to a District Judge in the super time scale of pay.
* Members receive a pay equal to the minimum of the pay scale of a Deputy Secretary of the State Government, along with other allowances.
* There will be a 3% upward revision of the pay of the President and the member.
* **Salaries and Allowances (State Commission):**
* The President receives salary and allowances equal to a sitting judge of the High Court of the State.
* Members receive a pay equivalent to the minimum of the scale of pay of an Additional Secretary of the State Government, along with other allowances.
* There will be a 3% upward revision of the pay of the member.
* **Medical Fitness:** Requires medical fitness certification by a state government-specified authority before appointment.
* **Casual Vacancy:** Empowers the State Government to appoint the senior-most Member as acting President in the event of a vacancy.
* **Housing and Transport Allowances:** Entitlement to housing and transport allowances at the same rate as Group A officers of the State Government.
* **Leave and Medical Facilities:** Entitlement to leave, Leave Travel Concession, medical treatment, and hospital facilities as per the provisions applicable to Group A Government servants.
* **Declaration of Interests:** Requirement for the President and Members to declare their assets, liabilities, and financial interests before assuming office.
* **Other Service Conditions:** Terms and conditions not explicitly covered by the rules are to be the same as those admissible to a Group A Officer of the State Government of a corresponding status.
* **Post-Retirement Restrictions:** Prohibits practicing before consumer commissions after retirement and undertaking arbitration work while in office. Restricts employment with parties involved in proceedings before the commissions for two years post-tenure.
* **Oath of Office and Secrecy:** Requires taking oaths of office and secrecy as per specified forms.
* **Funding:** Salaries, remuneration, and other allowances are to be paid from the Consolidated Fund of the State Government (or the Consolidated Fund of India in the case of Union Territories).
* **Non-Variation of Service Conditions:** Specifies that service conditions cannot be changed to the disadvantage of the President or Members during their tenure.
**6. Target Audience and Stakeholders:**
Based on the text, the primary target audience and stakeholders are:
* Individuals who are appointed or are considering appointment as the President or Member of the State Consumer Disputes Redressal Commission or the District Consumer Disputes Redressal Commission in Delhi.
* The State Government of Delhi (and the Union Government for Union Territories), particularly the departments responsible for consumer affairs and finance.
* Consumers who rely on these commissions for dispute resolution, as the quality and effectiveness of the commissions are impacted by the conditions of service.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:**
* The State Government of Delhi, particularly the Department of Food Supplies and Consumer Affairs (as indicated by the notification's origin).
* An authority specified by the State Government for medical fitness certification.
* **Timelines/Procedures:**
* The rules came into effect on the date of their notification in the official Gazette (November 7, 2022).
* Presidents and Members are required to declare their assets, liabilities, and financial interests before taking office.
* Presidents and Members must take oaths of office and secrecy before taking office.
**8. Expected Outcomes / Impact of Changes:**
* The likely intended outcomes of this policy are:
* Attraction and retention of qualified and experienced individuals to serve as Presidents and Members of the consumer dispute redressal commissions.
* Ensuring the independence and impartiality of these commissions by providing adequate compensation and clear terms of service.
* Streamlining the administration and management of the commissions.
* Improving the efficiency and effectiveness of consumer dispute resolution in Delhi.
**9. Conclusion:**
The "Delhi Consumer Protection Salary, allowances and conditions of service of President and Members of the State Commission and District Commission Rules, 2022" is a significant policy that establishes the framework for compensating and governing the service of individuals responsible for consumer dispute resolution in Delhi. By setting clear guidelines for salaries, allowances, and other conditions of service, the policy aims to ensure the proper functioning and independence of the State and District Consumer Disputes Redressal Commissions. This policy is significant for both those serving on the commissions and the consumers who rely on them.
Key Entities Referenced
Consumer Protection Act, 2019: A central act, specifically Act 35 of 2019, related to consumer protection.
National Capital Territory of Delhi: The Union Territory of Delhi, India. The policy document pertains to this territory.
Delhi Consumer Protection Salary, allowances and conditions of service of President and Members of the State Commission and District Commission Rules, 2022: The formal name of the rules established by this notification concerning the salaries, allowances, and service conditions for the President and Members of the State Commission and District Commission in Delhi.
State Commission: Refers to the Delhi Consumer Protection State Commission, a body addressing consumer disputes.
District Commission: Refers to the Delhi Consumer Protection District Commission, a body addressing consumer disputes at the district level.
Lt. Governor of the National Capital Territory of Delhi: The Lieutenant Governor of Delhi, who authorized the rules.
District Judge: Reference to salary equivalence for the President of the District Commission.
High Court of the State: Reference to salary equivalence for the President of the State Commission. Indicates a comparison with a sitting judge of the High Court.
Central Government: The Union Government of India.
State Government: The government of the National Capital Territory of Delhi.
Group A Officer: Refers to a specific class of government employees in the State Government, used as a benchmark for allowances and service conditions.
Consolidated Fund of India: The government fund from which the salaries and allowances are paid for Union Territories.
Consolidated Fund of the State Government: The government fund from which the salaries and allowances are paid for the state government employees.
Companies Act, 2013: Indian legislation related to companies. Specifically, Section 2, clause 45 is mentioned.
रजिस्ट्री स.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99
भारत सरकार
GOVERNMENT OF INDIA
एस.जी.-डी.एxxलx.G-अID.H-0xx9x1 12022-240107
SG-DLxx-ExG-0ID9E1x1x2x0 22-240107
असाधारण
EXTRAORDINARY
प्राजधकार स े प्रकाजित
PUBLISHED BY AUTHORITY
स.ं 500] दिल्ली, सोमवार, नवम्ब र 7, 2022/ कार्तकि 16, 1944 [रा.रा.रा.क्ष.ेदि. स.ं 337
No. 500] DELHI, MONDAY, NOVEMBER 7, 2022/ KARTIKA 16, 1944 [N. C. T. D. No.337
भाग IV
PART IV
राष्ट्रीय रािधानी राज्य क्षत्रे दिल्ली सरकार
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI
fnYyh] 7 uoEcj] 2022
1052-1062.—miHkksDrk laj{k.k
vf/kfu;e] 2019 ¼dsna zh; vf/kfu;e 2019 dk 35½ dh /kkjk 102 dh mi&/kkjk ¼1½ rFkk [kaM ¼t½ rFkk ¼M½ }kjk
iznRr 'kfDr;ks a dk iz;ksx djr s gq, jk"Vªh; jkt/kkuh {ks= fnYyh ds mijkT;iky ,rn~}kjk fnYyh miHkksDrk laj{k.k
¼jkT; vk;ksx ,oa ftyk vk;ksx ds v/;{k rFkk lnL;kas ds osru] HkRrs rFkk lsok dh 'krsZa½ fu;ekoyh] 2022 esa
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¼d½ *vf/kfu;e^ dk vfHkizk; miHkksDrk laj{k.k vf/kfu;e] 2019 ¼2019 dk 35½ ls gSA
¼[k½ *lnL;^ dk vfHkizk; ;FkkfLFkfr ftyk vk;ksx vFkok jkT; vk;ksx ds ,d lnL; ls gSA
7419 DG/2022 (1)2 DELHI GAZETTE : EXTRAORDINARY PART IV]
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dks fu;qDr dju s dh ’kfDr gkxs hA
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tks rnuq:i fLFkfr es a jkT; ljdkj ds xzqi *v^ vf/kdkjh dks स्ट्वीकाय ि gSA
& v/;{k vFkok lnL; leku nj ij ifjogu HkRrk ds fy, ik= gkasxs tk s rnuq:i
fLFkfr es a jkT; ljdkj ds xzqi *v^ vf/kdkjh dks स्ट्वीकाय ि gSA
jkT; vk;ksx ,oa ftyk vk;ksx ds
v/;{k ,oa lnL; vodk'k] vodk'k ;k=k fj;k;r] fpfdRlk mipkj ,ao vLirky dh lqfo/kk,¡] jkT;
ljdkj es a lewg *v^ ds ljdkjh deZpkfj;ksa ij ykxw izko/kkukas ds vuqlkj ysus ds ik= gkasxsA
v/;{k ;k lnL;] viuk in xzg.k dju s ls iwoZ viuh
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¼1½ v/;{k vFkok lnL; dh lsok ds fuca/ku ,oa 'krsZ ftuds lac/a k es a bu
fu;ekas esa dksbZ Liष्ट izko/kku ugha fd;k x;k gS] os bl izdkj gksaxs] tks rnuq:i fLFkfr es a jkT;
ljdkj ds lewg *v^ vf/kdkjh dk s स्ट्वीकायि gSA[PART IV DELHI GAZETTE : EXTRAORDINARY 3
¼2½ v/;{k ;k lnL; jkT; vk;ksx ;k ftyk vk;kxs dh lsok ls lsokfuo`fRr ds i'pkr] tSlk Hkh ekeyk
gks] jk"Vªh; vk;ksx] jkT; vk;kxs ;k ftyk vk;ksx ds le{k dk;Z ugha djsaxsA
¼3½ v/;{k ;k lnL; jkT; vk;ksx ;k ftyk vk;ksx es a viuh {kerkvksa ij dk;Z djr s gq,] tSlk Hkh ekeyk
gks] dkbs Z e/;LFkrk dk dk;Z ugha djsaxsA
¼4½ jkT; vk;ksx ;k ftyk vk;ksx ds v/;{k ;k lnL;] tSlk Hkh ekeyk gks] in/kkj.k dh lekfIr dh
frfFk ls nks वषो dh vof/k ds fy,] dkbs Z O;fDr tks jkT; vk;ksx ;k ftyk vk;ksx ds le{k dkjZokbZ dk
i{kdkj gk]s es a vFkok izca/ku ;k iz'kklu ls tqM+k gks fdlh jkstxkj dk s Lohdkj ugha djxs kA
c'krsZa fd bl fu;e es a fufgr daiuh vf/kfu;e 2013 ¼2013 dk 18½ dh /kkjk 2 dk [kaM ¼45½ es a
;FkkifjHkkf'kr fdlh Hkh dsUnzh;] jkT;] izkra h; vf/kfu;e ;k ,d ljdkjh daiuh ds varxZr vFkok mlds
}kjk LFkkfir fdlh Hkh fuxe ;k oS/kkfud izkf/kdj.k esa dsUnzh; ljdkj ;k jkT; ljdkj ;k LFkkuh;
izkf/kdj.k ds vUrxZr fdlh Hkh jkstxkj ij dqN Hkh ykxw ugha gksxkA
v/;{k ;k lnL; ds :i esa fu;qDr gksu s okyk izR;ds O;fDr vius
inxzg.k dju s ls iwoZ bu fu;eksa ds lkFk layXu izi= I es a in dh 'kiFk rFkk izi= II es a xkis uh;rk dh
'kiFk ysdj lnL;rk xzg.k djsaxsA
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dsUnz'kkflr izns'kks a ds ekey s es a Hkkjr dh lesfdr fuf/k ls vnk fd, tk,axsA
14- ftyk vk;ksx rFkk jkT; vk;ksx ds v/;{k ,oa lnL;ks a dh lsok dh fuca/ku ,o a 'krZsa muds dk;Zdky ds
nkSjku mUgas vlqfo/kk gksus ij ifjofrZr ugh a gksxhA
jk"Vªh; jkt/kkuh {k=s fnYyh ds mijkT;iky
ds vkns'k ls rFkk muds uke ij]
MkW- fnyjkt dkSj] lfpo&lg&vk;qDr
[fu;e 12 ns[kas]
jkT; vk;ksx ,oa ftyk vk;ksx ds v/;{k rFkk lnL; ds in dh 'kiFk grs q izi= %&
eSa ---------------------------------- v/;{k@lnL; ds :i esa jkT; miHkksDrk fookn fuokj.k vk;ksx ----------------------@ftyk
miHkksDrk fookn fuokj.k vk;kxs ------------------------- esa fu;qDr gkssu s ij bZ'oj dh 'kiFk ysrs gq,@iwjh lR;fuष्ठk
ds lkFk izfrKk djrk gaw@djrh gaw fd eSa jkT; vk;ksx@ftyk vk;ksx ds v/;{k@lnL; ds :i es a viuh
iw.kZ ;ksX;rk] tkudkjh ,oa fu.kZ; ds vuqlkj fdlh Hk; vFkok i{kikr] vuqjkx vFkok nqHkkZouk ds fcuk
bZekunkjh ,o a fuष्ठkiow Zd viu s drZO;ks a dk fuoZgu d:axk@d:axh rFkk eSa a lafo/kku ,oa ns'k ds dkuwuks a dk
ikyu d:axk@d:axhA
¼ ½
II
jkT; vk;ksx rFkk ftyk vk;kxs ds v/;{k ,o a lnL; ds in dh xkis uh;rk dh 'kiFk grs q izi= %&
eSa ----------------------------v/;{k@lnL; ds :i esa jkT; miHkkDs rk fookn fuokj.k vk;ksx------------------------------@ftyk4 DELHI GAZETTE : EXTRAORDINARY PART IV]
miHkksDrk fookn fuokj.k vk;kxs --------------------------- es a fu;qDr gkssu s ij bZ'oj dh 'kiFk ysrs gq,@ijw h lR;fuष्ठk
ds lkFk izfrKk djrk gaw@djrh gwa fd eSa v/;{k@lnL; ds :i es a esjs dÙkZO;kas ds lE;d fuoZgu grs q
;Fkkisf{kr gkus s ds vfrfjDr jkT; vk;ksx@ftyk vk;ksx ds v/;{k@lnL; ds :i esa esjh tkudkjh es a
vk,xk vFkok esjs fopkjk/khu vk, fdlh Hkh ekeys dk s fdlh O;fDr vFkok O;fDr;kas ds le{k izR;{k vFkok
vizR;{k :i ls lalwfpr vFkok izdV ugh a d:axk@d:axhA
¼ ½
OFFICE OF THE COMMISSIONER FOOD SUPPLIES AND CONSUMER AFFAIRS
NOTIFICATION
Delhi, the 7th November, 2022
F. No. 50/222(1)/F&S/CA/2020/1052-1062.—In exercise of the powers conferred by sub-section (1) and
Clauses (h) and (m) of Section 102 of the Consumer Protection Act, 2019 (35 of Central Act 2019), the Lt. Governor
of the National Capital Territory of Delhi hereby makes the following rules, namely Delhi Consumer Protection
(Salary, allowances and conditions of service of President and Members of the State Commission and District
Commission) Rules, 2022.
1. Short title and commencement. — (1) These rules may be called the Delhi Consumer Protection (Salary,
allowances and conditions of service of President and Members of the State Commission and District Commission)
Rules, 2022.
(2) They shall come into force from the date of their notification in the official Gazette.
2. Definitions. - (1) In these rules, unless the context otherwise requires, —
(a) ‘Act’ means the Consumer Protection Act, 2019 (35 of 2019);
(b) ‘Member’ means a Member of the District Commission or the State Commission, as the case may
be;
(c) ‘President’ means the President of the District Commission or the State Commission, as the case
may be;
(d) ‘State Government’ includes an administrator of a Union territory appointed under article 239 of the
Constitution except in rule 13.
(2) The words and expressions used herein and not defined and defined in the Act shall have the same
meaning respectively assigned to them in the Act.
3. Salaries and allowances payable to President and members of District Commission. – (1) The President shall
be entitled to the salary and allowances as are admissible to a District Judge in the super time scale of pay.
(2) A Member shall receive a pay equal to the pay at the minimum of the scale of pay of a Deputy Secretary
of the State Government and other allowances as admissible to such officer.
(3) The pay of a person appointed as President or member, who is in receipt of any pension, shall receive
amount equivalent to last pay drawn by him minus pension and other allowances applicable to him.
(4) There shall be an annual upward revision of the pay of the President and member at the rate of 3%.
4. Salaries and allowances payable to President and members of the State Commission.- (1) President of the State
Commission shall receive the salary and other allowances as are admissible to a sitting judge of the High Court of the
State.
(2) A Member of the State Commission shall receive a pay equivalent to the pay at minimum of the scale of
pay of an Additional Secretary of the State Government and other allowances as are admissible to such officer.
(3) The pay of a person appointed as President or member, who is in receipt of any pension, shall receive
amount equivalent to last pay drawn by him minus pension and all other allowances applicable to him.
(4) There shall be an annual upward revision of the pay of a member at the rate of 3%.
5. Medical fitness.—No person shall be appointed as President or Member unless he is declared medically fit by an
authority specified by the State Government in this behalf.[PART IV DELHI GAZETTE : EXTRAORDINARY 5
6. Casual vacancy.— In case of a casual vacancy in the office of President in the State Commission or District
Commission, as the case may be, the State Government shall have the power to appoint the senior most Member to
officiate as President.
7. House rent allowance.— The President or member shall be entitled to House Rent Allowance at the same rate as
are admissible to Group ‘A’ Officer of the State Government of a corresponding status.
8. Transport allowance.— The President or member shall be entitled to transport allowance at the same rate as are
admissible to Group ‘A’ Officer of the State Government of a corresponding status.
9. Leave and medical treatment and hospital facilities.— The President and members of the State Commission and
the District Commission shall be entitled to leave, Leave Travel Concession, medical treatment and hospital facilities
as per the provisions applicable to Group A Government servants in the State Government.
10. Declaration of Financial and other Interests.— The President or member shall, before entering upon his office,
declare his assets, and his liabilities and financial and other interests.
11. Other conditions of service.— (1) The terms and conditions of service of the President or member with respect to
which no express provision has been made in these rules, shall be such as are admissible to a Group ‘A’ Officer of the
State Government of a corresponding status.
(2) The President or member shall not practice before the National Commission, the State Commission or the
District Commission after retirement from the service of the State Commission or the District Commission, as the case
may be.
3) The President or member shall not undertake any arbitration work while functioning in these capacities in
the State Commission or the District Commission, as the case may be.
(4) The President or member of the State Commission or the District Commission, as the case may be, shall
not, for a period of two years from the date on which they cease to hold office, accept any employment in, or
connected with the management or administration of, any person who has been a party to a proceeding before the
State Commission or the District Commission:
Provided that nothing contained in this rule shall apply to any employment under the Central Government or
a State Government or a local authority or in any statutory authority or any corporation established by or under any
Central, State or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies
Act, 2013 (18 of 2013).
12. Oaths of office and secrecy.—Every person appointed to be the President or member shall, before entering upon
his office, make and subscribe an oath of office in Form I and oath of secrecy in Form II annexed to these rules.
13. The salary, remuneration and other allowances shall be defrayed out of the Consolidated Fund of the State
Government and in the case of the Union Territories, from the Consolidated Fund of India.
14. The terms and conditions of the service of the President and the members of the District Commission and the State
Commission shall not be varied to their disadvantage during their tenure of office.
By Order and in the Name of Lt. Governor
of the National Capital Territory of Delhi,
Dr.DILRAJ KAUR, Secy. Cum-Commissioner
ANNEXURE
[See Rule 12]
FORM I
Form of Oath of Office for the President and Member of the State Commission and District Commission
I, A. B., having been appointed as the President/ Member in the State Consumer Disputes Redressal Commission,
……../ District Consumer Disputes Redressal Commission, …………..do solemnly affirm/do swear in the name of
God that I will faithfully and conscientiously discharge my duties as the President/Member of the State
Commission/District Commission to the best of my ability, knowledge and judgment, without fear or favour, affection
or ill-will and that I will uphold the Constitution and the laws of land.
( )6 DELHI GAZETTE : EXTRAORDINARY PART IV]
FORM II
Form of Oath of Secrecy for the President and Member of the State Commission and District Commission
I, A. B., having been appointed as the President/Member of the State Consumer Disputes Redressal Commission,
…………./ District Consumer Disputes Redressal Commission, …… do solemnly affirm/do swear in the name of
God that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be
brought under my consideration or shall become known to me as President/Member of the State Commission/ District
Commission except as may be required for the due discharge of my duties as the President/Member.
( )
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.