",
(1) The office of the District Forum shall be located at the headquarter of the District. Where State Government decides to establish a sin gle District Forum having jurisdiction over more than one district, it shall notify the place jurisdiction of the District Forum so establi shed.
(2) The working days and the office hours of the District Forum shall be the same as that of the State Government.
(3) The official seal and emblem of the District Forum shall be such as the State Government may specify.
(4) Sitting of the District Forum, as and when necessary shall be conve ned by the prisident.
(5) No act for proceedings of the District- Forum shall be invalid by rea sononly ofthe existence of any vacancy among its members or any defect its constitution.
(6) State Government shall appoint such staff, as may be necessary to assist the District Forum in its day to day work and 'perform such other functions as are provided under these rules,or assigned to it by , the president. The 'salary payable to such staff shall be defrayed out of the Consolidated Fund of the State Government.
, ~ I "
(7) Where the opposite party admits the allegation made by the cornpla inant the District Foru m shall decide the complaint on the basis of the merit of the case documents present before it.
(8) If during the proceedings conducted under section 13, District Fo rum fixes a date for hearing of the parties, it shall be obligatory on the complaint and opposite party or its authorised agent to appar be fore the District Forum on such date of hearing or any other date to which hearing could be adjourned. Where the complainant or his au thorised agentfails to appear before the District Forum on such day.
the District Forum may in its discretion either dismiss the complaint for default or decide it on merit. Where the opposite party or its authorised agent fails to apper on the day of hearing, District Forum .. may decide the complaint ex-parte.
(9) While proceeding under .sub-ruleIx), the D~strict Forum may on such tenus as it may think fit~~~) a.t any stage, adjourn the hearing of the " .
. ';;i~'\r, ,.rl\'r'" .~ r ( '0~ pff) ~XTRAORDINARYI,SSUE OF TRIPUl~A GAZETTE 23 / . complaint butnot more than one adjou: nrncnt.shal l ord i.iar ily be gi ven and th~ complaint should be decided within 99 days from the da te of notice received by the opposite party where compliant docs not "'re(quire analysis or testing ~f the goods and within 150clays 11' it requi res analysis or testing of the gnol1s.
(\ 0) Orders of the District Forum shull be signed and dated by the 111C111 ben of the' Disti'ict Forum constituting the Bench and shall be corn 111 U [1 icat edt0 the p(l\\ ics frceo f ehargc.
), PROCEDURE TO BE ADOPTED BY -rHE DISTICT FORUM FOR AN .A. LYSIS AND T EST 1NG 0 F r HEGO 0 DS. . .
(SECTION 13 (I) (c) :--..:
Under Section 13 (1) (e), if considered necessary, the District Forum m.iv direct the complainant to provide more than one sample of the goods in clean containers with stopper properly fixed o n them. '-
(2) 0 n rcce iving the S:H\1 ple s 0 f such gu ous, the Dist riet Foru m sha II seal..
it unci fix lubles on the contain-'[Sc,-Fryingf<'llowinginfQrmation:-
(i) narne and address of the appropriatelaboratory to whom sample will be sent for uuulysisanr] test; .,' ,.;
(i i) n'-I mc an d,add resS 0 f the Dis tr ict ForII m .
(iii) case number ".
(iv) seal of the District F(HUI1l.
, I 1';\ "" r. , -,,' I, .. ~ \ I, . '
(3) The sample wi!l be ~cnt to the .avpr,)pri .te ~Jb~s~tory.:by the District Forum for sending repr rt within .1.5 d;lyS (If within such extended ti me as. 111ny b~;g;';~,nted by tl;,~'. Di'~trict:Forliin:~l'fl~i' sp~?ifying the na ture of the ~fefeci'anegt'd, ~ti19 date of sllbmis:si,o'!1"ofth~report.
j j , .. ; \' ".:;. " ," I I •. ' ; • , .,' ~.! ~, ~ I. . ~ . ~ !,'~ ~:: I :..i\.~. ; ::.; I '. . ( . i '. :' :", ...,.' ....-.. ~ ; ..,.. . : t : .:' ~: • :,' :' \ t',. ",; . ~ :\, .. ;,
6. SA..L~,RY AND',QTH ER AL.LJO\VANCESA·~D1.E~ \18 AND CON D! rIONSOF THE PRESIDENT AND IY1EVIBERS OF THE ST'AT'E' Co'f\:1MfsSIONTSEC1IONi:6 (~)] .~.. . .
. (1); P.~csi~~p~,~U,l}~ :Stat.Gjj\=.y,111111iss~~p slW)lrece:iY8:!~1:e s,dalY of-the judge of'the H-.i.gbi ~o,~rt)r;a.ppojl1t.5~d, pll w~lyk-tj'n:~ basis Oft ,\ consolidated ,honora~i,~I~\·r~}\s~ f,oO pe.~,cj~IY/Qr.~hesi~~i9g)f ,~p'pu~~lted on part time basis. . Other mem ber~, jr~! t,ti I1g 9,~~; \.v,\l~IR .q9·1,eb~sis, sbaJI I'(;,Ce ive a consolidated honorarium .of 1~s,}OOO/.-,pe~,~)'10nq1 and if sitting - . . ..• . '.' . .. I .. '. .. ~. ..'". ,. ,,' .. " , I I ' , 24 EXTRAORDINARY' ISSUE OF TRIPURA GAZETTE \ =========================================- '''''1 011 part time basis, a consoliduic d honorarium of Rs. 150/- per day for the sitting. "
(2) The President and the Members of the State Commission shall be eli gible for such travelling allowance on official tour as are admissible to Grade- I Officer of the State Government.
(3) The salary, honorarium, other allowances shall be defrayed out of the consolidated Fund of the State Government.
(4) President and the member of the State Commission shall hold office for a term of five years or upto the age of 65 years whichever is ear lier and shall not be eligible for renomination :-
Provided that Pr~sident and member may :-
(a) By writing under his hand and addressed to the State Governme nt resign his office any time;
(b) be removed fromhis office in accordance with provisions of sub rule 5.
(5) The State Government may remove from office, President or a mem ber of the State Commission who :-
(a) has been adjudged an insolvent, or
(b) has been convicted of an offence which in the opinion of the , \ State Government, involves moral turpitude, or J
(c) .has become physically or mentally incapable of acting as such member, or
(d) has acquired such financial. or other interest 8S is likely to affect prejudicially his functions as a member, or
(e) has so abused his positions to render his continuance in office prejudicial to the public in terest, Provided that the President or a member shall not be renmoved from his office on the ground "- specified in clauses (d) and (e) of sub-rule (5) except on an inquiry held by StateGovernment i t1 accordance with such procedure as it may specify in this behalf and finds the members to be guilty of such ground,
(6) Before appointment, President and a member of. the State Commissi on shall have to take an undertaking that he does not and will not have any 'such financial or other interests as is likely, to affect prejudi cially his functions as such member.
(y) The terms and 'conditions 01 the service of . the President and the r,~ ~ EXTRAORDINAR y' ISSUE OF TRIPU RA GAZETTE I -----_.__ ... __.._-==============::-:-::=========-- _._.- .._- ._..__-....- ----_ .•._~---- --_.-._------_.._---- .....
mernbers of the State Co m.u issio n shall no t bc varied to their d isad (.yantJge during their tenure of office.
(8) ':-E~ery vacancy caused by resignation and removal of the President or any ether member of the State Commission under sub-rule (4) or otherwise shall be filled by fresh appo int me nt .
(9) \Vherc any such V<\C:II1CY occurs in the office of the President or the State Commission, the senior most (in order of appointment) member, holding office for the time being, shall discharge the functions of the President· until ~ person appointed to fill such vacancy assumes the office of the President of the Slate Commission.
(10) \Vhen the President of the Slate Commission is unable to discharge the functions ewing to absence, illness or any other cause, the seni- ... l. .
ormost ( in order to the.app.iintrnent ) member of the State Cornrnission shall .dischage the functions of tbGPresidentunit the day on which the. President resumes the charge of his' functions. ~
(11) The President or any member, ceasing to hold office as such sh~ll not hold any appointment in or be connected with the management or administrations of an organisation which pave been the subject of any proceeding under the Act during his tenure for a period of5 years from the date on which he ceases to hold such office.
7. PLACE OF SITflNG AND OTHER MATTERS RELATING TO STATE CO~vH\'1JSSION (SECTION 14(3) READ \VITH SECTION 18J :
(1) Office of the State Commission shall be located at the capital of the State.
(2) The working days and the office hours of the State Commission shall be the same as that the State Government.
(3) The official seal and emblem of the State 'Commission shall be such as the State Government' may specify,
(4) Sitting of the State Commission, as and whennecessary, shall be con vened by .the Presiden 1.
(5) No act or 'proceedings of the State Commission 'shall be invalid by reasons only ·of th~ exlstance of' any-vacancy 'amongits members or anydefect in its constitution thereof," ' .
, -, 26 r:':
'-.. t, EXJRAO~D~t'i~RY ISSUI; ,OF TRIP"U,RA, GAZ~T~~ ,
(6) State Government shall appoint such st.iff, as may be necessary to as~sist the'St"ate Commission in its work and perform such other func tions as are provided under these rules or assigned to it by the,' ~ ~ esi dent.' The' salarypaya blc to such staff shall be dcfruyed ou t' of the Consolidated of the State. Government.- , , .'. • f
(7) Where the opposite party admits the allegation made by the complainant, the' 'State commission shall decided the complaint on the basis of the merit of the case and documents present before i( , , I I
(8) If duriugthc pr~c~edings.conducted under section 13, State commission 'fixes adate or hearing of the parties, it shall be .obligatory on the compI~inant an'd opposite party or hisauthorised agent tii appear , . before theState Co nimisslon such dateof hearlug or any other; date to which"hearingcbuldbe' adjour ned ~ Wherethe' co'mplaln'ant or his authorised agent faits to appear before the~Sthte'Colnmission on suchday.lthe StateCommission may in its 'discrbtio,n either dismiss the complaint for default 01' decide it on merit. '\Vhere the opposite party; or ,its 'autb'orised agent fails to appea r ont he day of hearing, the , .State Commission 'may: decide the coin plai rit 'expar te'.' :,'
(9) \Vhi le\ ,roccediilgs hn'd'e'~: sub-rule (8) the StaI~(Conih1T~s\j'on may, on suchterms asit n:ay:tr.ink fit and at any stngeacljo'tlrl1 'the hearing of., , .. ,,"'" t he' complain t but-not more th (\11 one :~ djournmen t sha 11 ord inarily be given and -the complaint should be decided within 90 days from the' dateof notice 'received by 'the opp» sitC ' pH 11)': ','\\here ccrnpla int >does' not' feel uire"an~lysis~or testing of the goods. i . I': . '
(10) Orders of the State Commission shall be signed and d.ited by the membersof theState Cornmissi on constiiuting th(tBc'nch :and shall be communicated to parties Lee of chugc.
" -'. : . '.. "': . : i' r ' ", _:~-" r • ';;" . r.' <' ij, ..~ " ',' 8, PROCEDURE FOR HEARTNQ APPEAL (SECTION 15 ):
(1) Memorandum shall' prcsideutcd by the appealloritor his authorised agent tq the State Commission in person, or sent by' registered post addre~S~d to .tbe Commission. . .: .' " . '.'
(2) Eyer'~ 'mlet~OraI.H1u~1'filcd 'und~r sub-rule (1) :)ht\'lI.I,b~ in kg'ible hand \Vritil1g,Pf,efer~~~,~y'i~~ped and, shall, set for~~l conslsery ~lI1d~r ,di~\!nct heads the grounds of appeal withot any argument or narrative and I, ~ I:.. i ~. ,. J ' " • , I .,' such ground shall be numbered consecutively.
~:." .. ;
,J g;
Ir ,\\,' )~/ / L\I JZ/\u1(DINA!Z Y ISSUE U!: TIUI'Ul,/\ C;;\/LTTE ,/">?'~/ 2/ -"~I Each me moruudum ~h~111 b"t;):lccompllllincd by the certified copy orlh~ order of the District Forum appealed uguinst 'and such of the docu ments as may be required tu support grouncls or objection rnc nt io ncd in the memorandum.
(4) \\ '"en the appeal is presented after the expiry of period of limit at inn as specified in the Act, memorandum shall be accompanied by all applicat io n sup po rtcd by an affidavit setting forth the fact on which appeallant relies t a satisfy the State Commission that he has sufficl ant cause for not prcfering the appeal within the period of limit aton.
(5) The appcallant sh~111 submit four copies of the mc mo randurn to the State Commission for official purpose.
(6) On the date of hearing or any other day to which hea ring, may be adjourned, it shall be obligatory for the parties or their authorised agents to appear before the State Commission. If appellant or his authorised agent fails to appear on such datc,}he State Commission may, in its discret inn either dismiss the nppeul or decide it on the merit of the case. If respondent or his authorised agents Ldl to appear on such clate, the State Commission shall proceed exparte and shall decide the appeal ex-parte on merits or the case. '
(7) The appellant shall not, l xccpt by leave of the State Commission, urge or be heard in support \)1' any ground of objections not set forth in the memorandum but the State Commission, in deciding the appe al, shall not confine th the grounds of objection set forth in the me morandum or taken by leave of the State Commission under this rule:
Provided that the Commission shall not rest its decision on ::ll,y other grounds unless the pa rrP who may be nflcc ted thereby, has been gi ven, at least one opportunity of being heard by the State Commission.
(8') State Commission may, on such terms as it may think fitt arid at any stage, adjourn the hearing of appeal, but not more than one adjourn ment shall ordinarily be given and the appeal be decided within 90 ~ days frorn the first delle of hearing, 1, ( C)I 0 rder 0 t' the S tatc C,)[n 111 iss i0 11 0 11 ap pea I s11 a II be sig 11 Cdand dated by the: members of t h ~ Sldte: Cornmissio n consti tuting the Bench and shaII bee0 111 ,11 IInic:tt ; d tot h : pa I' ties frceo I' ch (1 rge .
By Order of the Governor, D. RAY, Commissioner & Secretary, Government of Tripura.
Published by the Directorate of Fuod & Civil Supilies, G .ivt , of Tripura.
Spo nsor d by the Civil Supplies, Govt. of India.
Pr i nt.e d (H J na n Brchu r a Press, Jogendran aga r, Agartala.