Section Text
(1) The National Commission shall consist of--
(a) a person who is or has been a Judge of theSupreme Court, to be appointed by the Central Government, who shall be itsPresident:
1 [Provided that no appointment under this clauseshall be made except after consultation with the Chief Justice of India;]
2 [(b) not less than four, and not more than such number ofmembers, as may be prescribed, and one of whom shall be a woman, who shall havethe following qualifications, namely:--
(i) be not less than thirty-five years of age;
(ii) possess a bachelor's degree from a recogniseduniversity; and
(iii) be persons of ability, integrity and standingand have adequate knowledge and experience of at least ten years in dealingwith problems relating to economics, law, commerce, accountancy, industry,public affairs or administration:
Provided that not more than fifty per cent, of themembers shall be from amongst the persons having a judicial background.
Explanation.--For the purposes ofthis clause, the expression "persons having judicial background"shall mean persons having knowledge and experience for at least a period of tenyears as a presiding officer at the district level court or any tribunal atequivalent level:
Provided further that a person shall bedisqualified for appointment, if he--
(a) has been convicted and sentenced toimprisonment for an offence which, in the opinion of the Central Government,involves moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by acompetent court; or
(d) has been removed or dismissed from the serviceof the Government or a body corporate owned or controlled by the Government; or
(e) has, in the opinion of the Central Government,such financial or other interest as is likely to affect prejudicially thedischarge by him of his functions as a member; or
(f) has such other disqualifications as may beprescribed by the Central Government:
Provided also that every appointment under thisclause shall be made by the Central Government on the recommendation of aSelection Committee consisting of the following, namely:--
(a) a person who is a Judge of the Supreme Court,to be nominated by the Chief Justice of India --Chairman;
(b) the Secretary in the Department of LegalAffairs in the Government of India--Member;
(c) Secretary of the Department dealing withconsumer affairs in the Government of India--Member.]
3 [(1A) (i) The jurisdiction, powers and authorityof the National Commission may be exercised by Benches thereof.
(ii) A Bench may be constituted by the Presidentwith one or more members as the President may deem fit.
(iii) If the members of a Bench differ in opinionon any point, the points shall be decided according to the opinion of themajority, if there is a majority, but if the members are equally divided, theyshall state the point or points on which they differ, and make a reference tothe President who shall either hear the point or points himself or refer thecase for hearing on such point or points by one or more or the other membersand such point or points shall be decided according to the opinion of themajority of the members who have heard the case, including those who firstheard it.]
(2) The salary or honorarium and other allowancespayable to and the other terms and conditions of service 4 [* * *] of themembers of the National Commission shall be such as may be prescribed by theCentral Government.
5 [(3) Every member of the National Commission shall holdoffice for a term of five years or up to the age of seventy years, whichever isearlier:
Provided that a member shall be eligible forre-appointment for another term of five years or up to the age of seventyyears, whichever is earlier, subject to the condition that he fulfils thequalifications and other conditions for appointment mentioned in clause (b) ofsub-section (1) and such re-appointment is made on the basis of therecommendation of the Selection Committee:
Provided further that a person appointed as aPresident of the National Commission shall also be eligible for re-appointmentin the manner provided in clause (a) of sub-section (1):
Provided also that a member may resign his officein writing under his hand addressed to the Central Government and on suchresignation being accepted, his office shall become vacant and may be filled byappointment of a person possessing any of the qualifications mentioned insub-section (1) in relation to the category of the member who is required to beappointed under the provisions of sub-section (1A) in place of the person whohas resigned.
(4) Notwithstanding anything contained insub-section (3), a person appointed as a President or as a member before thecommencement of the Consumer Protection (Amendment) Act, 2002 shall continue tohold such office as President or member, as the case may be, till thecompletion of his term.]
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1.Inserted by Act 50 of 1993, section 16 (w.r.e.f. 18-6-1993).
2.Substituted by Act 62 of 2002, section 18, for clause"(b)four other members who shall be persons of ability, integrity andstanding and have adequate knowledge or experience of, or have shown capacityin dealing with, problems relating to economics, law, commerce, accountancy,industry, public affairs or administration, one of whom shall be a woman:
Provided that every appointment under this clauseshall be made by the Central Government on the recommendation of a selectioncommittee consisting of the following, namely:--
(a) a person who is a Judge of the Supreme Court,to be nominated by the Chief Justice of India --Chairman.
(b) the Secretary in the Department of Legal Affairsin the Government of India --Member.
(c) Secretary of the Department dealing withconsumer affairs in the Government of India --Member."
(w.e.f. 15-3-2003).
3.Inserted by Act 62 of 2002, section 18 (w.e.f. 15-3-2003).
4. The words "(including tenure ofoffice)" omitted by Act 50 of 1993, section 16 (w.r.e.f. 18-6-1993).
5.Inserted by Act 50 of 1993, section 16 (w.e.f. 18-6-1993)and again Substituted by Act 62 of 2002, section 18, for sub-section "(3) Everymember of the National Commission shall hold office for a term of five years orup to the age of seventy years, whichever is earlier and shall not be eligiblefor re-appointment. And sub-section "(4) Notwithstanding anythingcontained in sub-section (3), a person appointed as a President or as a memberbefore the commencement of the Consumer Protection (Amendment) Act, 1993, shallcontinue to hold such office as President or member, as the case may be, tillthe completion of his term." (w.e.f. 15-3-2003).