The Consumer Protection (Amendment) Ordinance, 1991

fl• 40] No. 40] !lli!T!lR'"I EXTRAORDINARY ,n,-rII-1 PART II-Section 1 !llf'~~~ PUBLISHED BY AUTHORITY ~f fr..o', lTf~T,, Sil_~ 15, 1991/;;ii•o 25, 1913 NEW DELHI, SATURDAY, JUNE 15, 1991/JYAISTHA 25, 1913 t~ 1!T1T if ooi '!"° mm ii .im ~ f'lflffl f'l'i ~ ll!\'111 fl- ~ ""' if '{VT .n ITTl 1 S<parate paging i,, given lo this Part In order that It -,, be filed • a sepante compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the !5th June, 1991/ Jyaistha 25, 1913 (Saka) THE CONSUMER PROTECTION (AMENDMENT) ORDINANCE , 1991 No. 6 OF 1991 Promulgated by the President in the Forty-second Year of the Republic of India. An Ordinance to amend the Consumer Protection Act. 1986. WHEREAS the House of the People has been dissolved and the Council of States is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate a1.:tion; Now, THEREFORE, in exercise of the powers conferred by clause (I) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: - 1. (/) This Ordinance may be called the Consumer Protection Short title (Amendment) Ordinance, 1991. ( 2) It shall come into force at once. ( I ) ~ommencc­ mc:nt. Amend­ ment o~ seetion 14. lnsertion of new .section 18A. Appoint­ ment o~ acting President Jnsertio" Of new section 29A. Vacancies. or defect.;; in appoint­ ment no: to invali­ date orders. Valida­ tion of certain orders, etc. 2. In section 14 of the Consumer Protection Act, 1986 (hereir referred to as the principal Act), for sub-section (2), the following' su b­ sections shalJ be substituted, namely:- " ( 2) Every proceeding referred to in sub-section ( 1) shall be conducted by the President of the District Forum and at least one member thereof sitting together: Provided that where the member, for any reason, is unable to conduct the proceeding till it is completed, the President and the other member shall conduct such proceeding de nova. (2A) Every order made by the District Forum under sub-s,,c­ \ion (J) shall be signed by its President and the member or mem­ bers who conducted the proceeding: Provided that where the proceeding is conducted by the President and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and such point or points shall he decided according to the opinion of that other member.''. 3. After section 18 of the principal Act. the following section shall be inserted, namely: - "18A. When the office of the President of the District Forum er of the State Commission, as the case may be, is vacant or when any such President is, by reason of absence or otherwise, unable to perform the duties of his office. the duties of the office shall be performed by such person, who is qualified to be appointed as President of the District Forum or, as the cas,, may be, of the State Commission, as the State Government may appoint for the purpose."- 4. After section 2!) of the principal Act, the following section shall be inserted, namely:- "29A. No act or proceeding of the District Forum, State Com­ mission or the National Commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.". 5. Notwithstanding anything contained in any law or any judgment, decree or order of any court or tribunal or other authority, any order made by the District Forum or the State Commission under the princi­ pal Act, which would have been validly made if the amendments made to the principal Act by this Ordinance were in force on the , such order, shall be deemed to have been validly made as if the afflt!l1.ct­ ments made to the principal Act by this Ordinance were in force at all material times when such order was made. R. VENKATARAMAN, President. K. L. MOHANPURIA, Additional Secretary to tlie Govt. of India.