Section 3 in West Bengal Consumer Protection Rules, 1987
3. Salaries, honorarium and other allowances, payable to and the other terms and conditions of service of the President and Members of the District Forum [section 10(3)].
(1) (I) If a sitting District Judge or a serving member of the West Bengal Higher Judicial Service is appointed as President of the District Forum on whole time basis, he shall receive a special pay of Rs. 200 per day besides the pay and allowances admissible to him as a sitting Judge or as a serving member of the West Bengal Higher Judicial Service.(ii)If a sitting District Judge or a serving member of the West Bengal Higher Judicial Service appointed as a President of the District Forum on whole time basis stands superannuated (on attaining the age of superannuation) during his tenure as President of the District Forum, he shall continue to receive the pay and allowances last drawn by him less pension and the pension equivalent to gratuity, if any.(iii)If a retired District Judge or a retired member of the West Bengal Higher Judicial Service or a person who has resigned from the Higher Judicial Service is appointed as President of the District Forum on whole time basis, he shall receive the pay and allowances last drawn by him less pension and the pension equivalent to gratuity, if any.(iv)If the President of the District Forum is appointed on part-time basis, he shall receive an honorarium of Rs. 150 per day.(v)Other members, if sitting on whole-time basis, shall receive a consolidated honorarium of Rs. 2,000 per month and if sitting on part-time basis shall receive a consolidated honorarium of Rs. 100 per day.(2)The President and the members of the District Forum shall be entitled to such travelling allowance and daily allowance on official tour as are admissible to a [Group A] [Substituted by Notification No. 530-DCA, dated 30.7.2001 w.e.f. 30.7.2001.] officer of the State Government.(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 any member of the District Forum shall have to give an undertaking that he does not and will not have any such financial or other interests as is likely to affect prejudicially his functions as a member of the Forum.(5)The State Government may remove from the office, the President and any member of a 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, involves moral turpitude ; or(c)has become physically or mentally incapable of acting as such member ; or(ca)[ has remained absent in three consecutive sittings of the District Forum without obtaining previous permission of the State Government, except for reasons beyond his control, or ;] [Inserted by Notification No. 530-DCA, dated 30.7.2001.](d)has acquired such financial or other interest as is likely to affect prejudicially his function as member ; or(e)has so abused his position as to render his continuance in office prejudicial to the public interest :[Provided that the President or any other member shall not be removed from his office on the ground specified in clauses (d) and (e) except on an inquiry held by the State Government in accordance with the procedure laid down in sub-rule (10) ;] [Substituted, ibid. w.e.f. 30.7.2001.](5A)[ The State Government may transfer the President of a District Forum from one District Forum to any other District Forum in the interest of public service.(5B)The terms and conditions of service of the President and the members of the District Forum, which have not been specified in these rules, shall be such as are applicable to Group 'A' Officers of the State Government under the West Bengal Service Rules, Part I and Part 11.] [Inserted by Notification No. 530-DCA, dated 30.7.2001.](6)The terms and conditions of 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 being, shall discharge the functions of the President until a person appointed to fill such vacancy assumes the office of the President of the District Forum.(8)When the President of the District Forum is unable to discharge his functions owing to absence, illness or any other cause, the senior most (in order of appointment) member of the District Forum shall discharge the functions of the President until the day on which the President resumes the charge of his functions.(9)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 organisation which have been the subject of any proceeding under the Act during his tenure for a period of five years from the date on which he ceases to hold such office.(10)[ (a) For the purpose of the inquiry under the proviso to sub-rule (5), the State Government shall draw up, or cause to be drawn up,(i)the substance of imputations of misconduct or misbehaviour into definite and district articles of charge ;(ii)a statement of misconduct or misbehaviour in support of each article of charge which shall contain(A)a statement of relevant facts including any admission or confession by the President or the member, as the case may be, of the District Forum.(B)a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained.(b)The State Government shall deliver, or cause to be delivered, to the President or the member, as the case may be, of the District Forum a copy of the articles of charge and the statement of imputations of misconduct or misbehaviour prepared under clause (a).(c)The State Government shall, in all cases for the purpose of inquiry, appoint an inquiring authority and forward to it(i)a copy of the articles of charge and the statement of imputations of misconduct or misbehaviour ;(ii)a copy of statement of witnesses, if any ;(iii)evidence proving the delivery of the documents referred to in clause (a) to the President or the member, as the case may be, of the District Forum.(d)The inquiring authority shall issue a notice to the President or the member, as the case may be, of the District Forum, to submit, within ten working days from the date of receipt of the notice, a written statement of his defence together with the following :(i)a list of witnesses to be examined on his behalf ;(ii)a notice asking for the discovery or production of any documents which are in possession of the State Government but not mentioned in clause(a).The inquiring authority shall also inform the President or the member through the aforesaid notice that, for the purpose of preparing his defence, he may, within five working days from the date of receipt by him of the notice, inspect the documents specified in the list referred to in clause (a).(e)The inquiring authority shall, on receipt of the notice for discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition :Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.(f)On receipt of the requisition referred to in clause (e), every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority :Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicate the information to the President or the member and withdraw the requisition made by it for the production or discovery of such documents.(g)The President or the member, as the case may be, of the District Forum shall appear in person before the inquiring authority on such day and at such time within fourteen working days from the date of receipt of notice as referred to in clause (d), as the inquiring authority may specify in this behalf, to defend the charges brought against him.(h)The inquiring authority shall issue a notice requiring the State Government or its representative to appear before it on such date and at such time as are specified in clause (g), to present its case.(f)The President or the member, as the case may be, of the District Forum and the State Government or its representative shall appear before the inquiring authority on the date of hearing or any other date on which the hearing may be adjourned.(j)If the President or the member, as the case may be, of the District Forum, without prior leave of the inquiring authority, fails to appear on the specified date and time, the inquiring authority may require the State Government or his representative to present his case and conduct the inquiry ex parte.(k)If prior leave of the inquiring authority has been taken, the case shall be adjourned to a later date. The inquiring authority shall not ordinarily allow more than one adjournment.(l)If the President or the member, as the case may be, of the District Forum, who has not admitted any of the articles of charge in his written statement of defence, the authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquiring authority shall record the plea, sign the record and obtain the signature of the President or the member, as the case may be, of the District Forum thereon. The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the President or the member, as the case may be, of the District Forum pleads guilty.(m)If the President or the member, as the case may be, of the District Forum refuses or omits to plead guilty, or claims to be tried, the inquiring authority shall, after giving both the parties reasonable opportunities of being heard, conduct the inquiry.(n)After completion of the inquiry, a report shall be prepared which shall be forwarded to the State Government. The report shall contain(i)the articles of charge and the statement of imputation of misconduct or misbehaviour ;(ii)the defence of the President or the member, as the case may be, of the District Forum in respect of each article of charge ;(iii)an assessment of the evidence in respect of each article of charge ; and(iv)the finding on each article of charge and the reasons therefor.][Inserted by Notification No. 530-DCA. dated 30.7.2001.]
