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Section 3

The Uttarakhand Consumer Protection Rules, 2011State Rules of Uttarakhand · 1986

(1) (a) The President of the District Forum shall receive the salary of the District Judge of a District Court if appointed on whole time basis or an honorarium of Rs: 400/- (Four hundred only) per day if appointed on part time basis.

(b) [The Member of the District Forum shall receive an honorarium of Rs. 10,176/- (Rupees ten thousand one hundred seventy six only) per month .]

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(c) The President of the District Forum shall get House Rent Allowance of Rs. 2,400/- (Rupees two thousand four hundred only ) per month if appointed on whole time basis and no Government Accommodation is provided to him.

(d) [The whole time and part time Member of the District Forum shall get House Rent Allowance of Rs. 1,800/- (Rupees one thousand eight hundred only) per month if no Government accommodation is provided to him.]

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(e) The President of the District Forum shall get Transport Allowance of Rs. 1,830/- (Rupees one thousand eight hundred thirty only) per month if appointed on whole time basis.

(f) [The Member of the District Forum shall get Transport Allowance of Rs. 1,830/- (Rupees one thousand eight hundred thirty only) per month .]

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(g) The President and the Members of the District Forum, if appointed on full time basis, shall be entitled for such medical facilities as are available to a Grade-I officer of the State Government.

(2) The President and the Members of the District Forum shall be entitled for such travelling allowance and daily allowance on official tour as are admissible to a Grade-I officer of the State Government.

NTTETRur 'quid, 16 -141-el'Z, 2011 40 (.

1 :0044) 25. 1933 VFW to-cat) 17

(3) The salary, honorarium and other allowances shall be defrayed out of the consolidated fund of the State Government.

(4) Before appointment, the President and Members of the District Forum shall have to take an undertaking that he does not and will not have any such financial or other interests as are likely to affect prejudicially his function as a member.

(S) In addition to provision of Section 10(2), the State Government may remove from the office of the President and Member of District Forum who-

(a) has been adjudged an insolvent, or

(b) has been convicted of an offence which in the opinion of the State Government involved moral turpitude, or

(c) has become physically or mentally incapable of acting as such member, or

(d) has acquired such financial or other interest as is likely to affect, prejudicially his function as a member, or

(e) has so abused his position as to render his continuance office prejudicial to public interest, or

(1) does not pass judgment or order possible under the Act, and in conformity with the earlier judgment and the act and does not display absolute integrity, good conduct and dutifulness, or

(g) is guilty of unexplained absence for more than 7 days without permission.

Provided that the President or Member shall not be removed from his office on the ground specified in Clause

(d) and (e) of this sub-rule except on an inquiry held by the State Government in accordance with such procedure as it t i may specify in this behalf and the Member is found to be guilty of such ground.

(6) The terms and conditions of the service of the President and the Members of the District Forum shall not be varied to their disadvantage during their tenure of office.

(7) Where any vacancy occurs in the office of the President of the District Forum, the senior most (in order of appointment) Member of the District Forum holding office for the time 18 3T 1 l E 4 N u I II■31t, 16 9 -4117, 2011 0 (1)0 __ cf ) 25 , 1933 gIqi Wr -cra , ) being shall discharge the function of the President until a person appointed to fill such vacancy assumes the office of the President of the District Forum.

Provided that where a vacancy occurs in the office of the President of the District Forum and the senior most Member discharges the function of the President then in such a case he shall not have any financial or administrative powers.

(8) The President or any Member ceasing to hold office as such shall not hold any appointment in or be connected with the management or administration of an organization which have been the subject of any proceeding under the Act during his tenure for a period of 5 years from the date on which he ceases to hold such office.

Place of sitting and 4. (1) The office of the District Forum shall be located at the other matters headquarter of the District. Where the State Government decides relating to District to establish a single District Forum having jurisdiction over Forum: Section more than one district it shall notify the place and jurisdiction of 14(3) the District Forum so established.

(2) The working days and the office hours of the District forum shall be same as that of the Statement 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 convened by the President.

(5) No act or proceeding of the District Forum shall be invalid by reason only of the existence of any vacancy among its Members or any defect in its constitution.

(6) The 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.

The salary payable to such staff shall be defrayed out of the consolidated fund of the State Government.

(7) Where the opposite party admits the allegations made by the complainant, the District Forum shall decide the complaint on the basis of the merit of the case and the document present before it.

Procedure to be adopted by the District Forum for analysis and testing o f t h e g o o d s :

Section 13(1)(c) 61\91E1101 1 1\11C, 16 -14 4 -€1•(, 2011 40 (4:0116c1) 25, 1933 Ti7 1 4 1 4 -4q) 19

(8) If during the proceedings conducted under Section 13, District Forum fixes a date for hearing of the parties, it shall be obligatory on the complainant and the opposite party or its authorised agent to appear before the District Forum on such date of hearing or any other date to which hearing could be adjourned. Where the complainant or his authorised agent fails to appear before the District Forum on such date, 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 appear on the date of hearing, the District Forum may decide the complaint ex-parte.

(9) While proceeding under sub-rule (8), the District Forum may, on such terms as it may think fit and at any stage, adjourn the hearing of the complaint but not more than one adjournment shall ordinarily be given and the complaint should be decided within 90 days from the date of notice received by the opposite party if the complaint does not require analysis or testing of the goods and 150 days if it requires analysis or testing of the goods.

(10) Orders of the District Forum shall be signed and dated by the Members of the District Forum constituting the Bench and shall be communicated to the parties free of cost.

Where this provision sits

ActThe Uttarakhand Consumer Protection Rules, 2011
Section3
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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