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Consumer Protection (Amendment) Act,2002 Complete Act

Title: Consumer Protection (Amendment) Act,2002

State: Central

Year: 2002

Preamble1 - CONSUMER PROTECTION (AMENDMENT) ACT,2002 Section1 - Short title and commencement. Section2 - Amendment of section 2 Section3 - Amendment of section 4 Section4 - Amendment of section 7 Section5 - Insertion of new sections 8A and 8B. Section6 - Amendment of section 10 Section7 - Amendment of section 11. Section8 - Substitution of new section for section 12 Section9 - Amendment of section 13. Section10 - Amendment of section 14 Section11 - Amendment of section 15 Section12 - Amendment of section 16 Section13 - Amendment of section 17 Section14 - Insertion of new sections 17A and 17B Section15 - Omission of section 18A Section16 - Amendment of section 19 Section17 - Insertion of new section 19A Section18 - Amendment of section 20 Section19 - Amendment of section 21 Section20 - Substitution of new sections for section 22 Section21 - Amendment of section 23 Section22 - Substitution of new section for section 25 Section23 - Amendment of section 27 Section24 - Insertion of section 27A Section25 - Insertion of new section 28A Section26 - Amendment of section 29 Section27 - Substitution of new section for section 30 Section28 - Insertion of new.....

Finance Act, 2002 Complete Act

State: Central

Year: 2002

.....Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows :- SECTION 01: SHORT TITLE AND COMMENCEMENT -(1) This Act may be called the Finance Act, 2002. (2) Save as otherwise provided in this Act, Sections 2-to116-shall be deemed to have come into force on the 1st day of April, 2002. SECTION 02: INCOME TAX (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 2002, income tax shall be charged at the rates specified in Part I of the First Schedule and such tax as reduced by the rebate of income tax calculated under Chapter VIII-A of the Income Tax Act, 1961(43 of 1961) (hereinafter referred to as the Income Tax Act) shall be increased by a surcharge for purposes of the Union calculated in each case in the manner provided therein. (2) In the cases to which Paragraph A of Part I of the First Schedule applies, where the assessee has, in the previous year, any net agricultural income exceeding five thousand rupees, in addition to total income, and the total income exceeds fifty thousand rupees, then,- (a) the net agricultural income shall be taken into account, in the manner provided.....

Finance Act, 2002 Chapter V

Title: Service Tax

State: Central

Year: 2002

.....or centre, authorised by any motor vehicle manufacturer, to carry out any service or repair of any motor car or two wheeled motor vehicle manufactured by such manufacturer; (9) "banking" shall have the meaning assigned to it in clause (b) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (10)" banking company" shall have the meaning assigned to it in clause (a) of section 45A of the Reserve Bank of India Act, 1934 (2 of 1934); (11) "banking and other financial services" means the following services provided by a banking company or a financial institution including a non-banking financial company or any other body corporate, namely:-- (i) financial leasing services including equipment leasing and hire-purchase by a body corporate; (ii) credit card services; (iii) merchant banking services; (iv) securities and foreign exchange (forex) broking; (v) asset management including portfolio management, all forms of fund management, pension fund management, custodial, depository and trust services, but does not include cash management; (vi) advisory and other auxiliary financial services including investment and portfolio research and advice, advice on.....

Finance Act, 2002 Section 149

Title: Amendment of Act 32 of 1994

State: Central

Year: 2002

.....or management, of real estate; (75) "recognised stock exchange" has the meaning assigned to it in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (76) "rent-a-cab scheme operator" means any person engaged in the business of renting of cabs; (77) "scientific or technical consultancy" means any advice, consultancy, or scientific or technical assistance, rendered in any manner, either directly or indirectly, by a scientist or a technocrat, or any science or technology institution or organisation, to a client, in one or more disciplines of science or technology; (78) "securities" has the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (79) "security agency" means any commercial concern engaged in the business of rendering services relating to the security of any property, whether movable or immovable, or of any person, in any manner and includes the services of investigation, detection or verification, of any fact or activity, whether of a personal nature or otherwise, including the services of providing security personnel; (80) "service tax" means tax leviable.....

Consumer Protection (Amendment) Act,2002 Section 10

Title: Amendment of Section 14

State: Central

Year: 2002

.....the defects in goods" shall be substituted; (iii) after clause (h), the following clauses shall be inserted, namely :- "(ha) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature; (hb) to pay such sum as may be determined by it 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 service provided, as the case may be, 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;"; (b) in sub-section (2), for the proviso, the following proviso shall be substituted, namely :- "Provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue.....

Consumer Protection (Amendment) Act,2002 Preamble 1

Title: Consumer Protection (Amendment) Act,2002

State: Central

Year: 2002

CONSUMER PROTECTION (AMENDMENT) ACT, 2002 [62 of 2002] PREAMBLE An Act further to amend the Consumer Protection Act, 1986. Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows :-

Consumer Protection (Amendment) Act,2002 Section 8

Title: Substitution of New Section for Section 12

State: Central

Year: 2002

For section 12 of the principal Act, the following section shall be substituted, namely :- '12. Manner in which complaint shall be made.-(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 provided may 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; (b) any recognised consumer association whether the consumer to whom the goods sold 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; (c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or (d) the Central Government or the State Government, as the case may be, either in its individual capacity or as a representative of interests of consumers in general. (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......

Consumer Protection (Amendment) Act,2002 Section 2

Title: Amendment of Section 2

State: Central

Year: 2002

.....of earning his livelihood by means of self-employment;'; (d) for clause (j), the following clause shall be substituted, namely :- '(j) "manufacturer" means a person who- (i) makes or manufactures any goods or part thereof; or (ii) does not make or manufacture any goods but assembles parts thereof made or manufactured by others; or (iii) puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer;'; (e) for clause (nn), the following clauses shall be substituted, namely :- '(nn) "regulation" means the regulations made by the National Commission under this Act; (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- (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; (b) any trade practice which requires a consumer to buy, hire or avail of any goods or, as the.....

Consumer Protection (Amendment) Act,2002 Section 5

Title: Insertion of New Sections 8a and 8b.

State: Central

Year: 2002

After section 8 of the principal Act, the following sections shall be inserted, namely :- "8A. The District Consumer Protection Council.-(1) The State Government shall establish for every district, by notification, a council to be known as the District Consumer Protection Council with effect from such date as it may specify in such notification. (2) The District Consumer Protection Council (hereinafter referred to as the District Council) shall consist of the following members, namely :- (a) the Collector of the district (by whatever name called), who shall be its Chairman; and (b) such number of other official and non-official members representing such interests as may be prescribed by the State Government. (3) The District Council shall meet as and when necessary but not less than two meetings shall be held every year. (4) The District Council shall meet at 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. 8B. Objects of the District Council.-The objects of every District Council shall be to promote and protect within the.....

Consumer Protection (Amendment) Act,2002 Section 12

Title: Amendment of Section 16

State: Central

Year: 2002

.....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."; (d) for sub-sections (3) and (4), the following sub-sections shall be substituted, namely :- "(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, whichever is earlier: 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, whichever is earlier, 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.....