(1) These rules may be called the Consumer Welfare Fund Rules, 1992.
(2) They shall come into force on the date of their publication in the Official Gazette.
Definitions.
2. In these rules, unless the context otherwise requires,—
(a) “Act” means the Central Excises and Salt Act, 1944 (1 of 1944), or, as the case may be, the Customs Act, 1962 (52 of 1962);
’[(b) “Applicant” means any agency/organisation engaged in consumer welfare activities for a period of three years registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force, including village/mandal/Samiti level cooperatives of consumers especially Women, Scheduled Castes and Scheduled Tribes, or any industry as defined in the Industrial Disputes Act, 1947 (14 of 1947) recommended by the Bureau to be engaged for a period of five years in viable and useful research activity which has made, or is likely to make, significant contribution in formulation of standard mark of the products of mass consumption, or State Government, and includes a consumer for the purpose of reimbursing legal expenses as referred to in clause (d) of rule 8 of these rules;]
(c) “Application” means an application in Form A-I, appended to these rules;
(d) “Bureau” means the Bureau of Indian Standards constituted under the Bureau of Indian Standards Act, 1986 (63 of 1986);
(e) “Central Consumer Protection Council” means the Central Consumer Protection Council established under sub-section (1) of section 4 of the Consumer Protection Act, 1986 (68 of 1986), for promotion and protection of rights of consumers;
(f) “Committee” means the Committee constituted under rule 5;
1. Substituted by the Consumer Welfare Fund (Amendment) Rules, 1994, w.e.f. 27-1-1994.
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(g) “Consumer” has the same meaning as assigned to it in clause (d) of sub section (1) of section 2 of the Consumer Protection Act, 1986 (68 of 1986), and includes consumer of goods on which duty has been paid.
(h) “Consumer Welfare Fund” means the fund established by the Central Government under sub-section (1) of section 12C of the Central Excises and Salt Act, 1944 (1 of 1944);
(i) “Duty” means the duty paid under the Act ;
2[/-a) “Proper Officer” means the officer having the power under the Act to make an order that the whole or any part of the duty is refundable;]
(j) “Standard mark” shall have the same meaning as assigned to it in clause (t) of section 2 of the Bureau of Indian Standards Act, 1986 (63 of 1986);
(k) “Welfare of the Consumers” includes promotion and protection of rights of consumers;
(/) Words and expressions used in the rules and not defined but defined in the Consumer Protection Act, 1986 (68 of 1986) shall have the meanings respectively assigned to them in that Act.
Establishment of Consumer Welfare Fund.
3. There shall be established a Consumer Welfare Fund with the Central Government into which credits of amounts of duty and income from investment along with other monies specified in sub-section (2) of section 12C of the Central Excises and Salt Act, 1944 (1 of 1944) shall be accredited :
Provided that any amount having been credited to the Fund is ordered or directed as payable to any claimant by orders of proper officer, appellate authority or court, shall be paid from the Fund.
Maintenance of Accounts and Records of Consumer Welfare Fund.
4. Proper and separate accounts in relation to the Consumer Welfare Fund shall be maintained by the Central Government and shall be subject to audit by the Comptroller and Auditor General of India.
Constitution of the Committee.