Section 6 in West Bengal Consumer Protection Rules, 1987
6. Salary, honorarium and other allowances payable to, and the other terms and conditions of service of the President and Members of the State Commission section 16(2).
(l) The President of the State Commission shall receive the salary admissible to Judge of the High Court if appointed on whole time basis or a consolidated honorarium of Rs. 200 per day for the sitting if appointed on part-time basis. Other members, if sitting on whole time basis, shall receive a consolidated honorarium of Rs. 3,000 per month and if sitting on part-time basis, a consolidated honorarium of Rs. 150 per day for the sitting.(2)The President and the members of the State Commission shall be entitled to such travelling allowance and daily allowance on official tour as are admissible to a [Grade A] [Substituted by Notification No. 530-0CA, dated 30.7:2001, w.e.f. 30.7.2001.] officer of the State Government.(3)The salary, honorarium, other allowances shall be defrayed out of the Consolidated Fund of the State Government.(4)The President and the members of the State Commission shall hold office for a term of five years or up to the age of [67 years] [Substituted by Notification No. 530-0CA, dated 30.7:2001, w.e.f. 30.7.2001.] whichever is earlier and shall not be_ eligible for reappointment :Provided that the President and any member may(a)by writing under his hand and addressed to the State Government resign his office any time ; and(b)be removed from his office in accordance with provision of sub-rule (5).(5)The State Government may remove from office the President or a member 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(c)has become physically or mentally incapable of acting as such member, or(ca)[ has remained absent in three consecutive sittings of the State Commission without obtaining previous permission of the State Government, except for reasons beyond his control ; or] [Inserted, ibid, w.e.f. 30.7.2001.](d)has acquired such financial or other interest as is likely to affect prejudicially his functions as a member, or(e)has so abused his position as to render his continuance in office prejudicially 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 (12).] [Substituted by Notification No. 530-0CA, dated 30.7:2001, w.e.f. 30.7.2001.](5A)[ The terms and conditions of service of the Pres;dent and the members of the State Commission, which have not bee,' 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 II] [Inserted, ibid, w.e.f. 30.7.2001.](6)Before appointment, the President and member of the State Commission 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 State Commission.(7)The terms and conditions of service of the President and the members of the State Commission shall not be varied to their disadvantages during their tenure of office.(8)Every vacancy caused by resignation or removal of the President or any other member of the State Commission under sub-rule (4) or otherwise shall be filled by fresh appointment.(9)Where any such vacancy occurs in the office of the President of 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 a person appointed to fill such vacancy assumes the office of the President of the State Commission.(10)When the President of the State Commission is unable to discharge his functions owing to absence, illness or any other cause, the senior most (in order of appointment) member of the State Commission shall discharge the functions of the President until the day on which the President resumes the charge of his functions.(11)The President or any member ceasing to hold office as such shall not hold any appointment in or be connected with the management or administrations 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 office.(12)[ (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-] [Substituted by Notification No. 530-0CA, dated 30.7:2001, w.e.f. 30.7.2001.](i)the substance of imputation of misconduct or misbehaviour into definite and distinct articles of charge ;(ii)a statement of misconduct or misbehaviour in support of each article of charge containing(A)a statement of relevant facts including any admission or confession by the President or the member, as the case may be, of the State 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 to the member, as the case may be, of the State 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 State Forum.(d)The inquiring authority shall issue a notice. to the President or the member, as the case may be, of the State 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 State 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 notice requiring the State Government or his representative to appear before it on such date and at such time as specified in clause (g), to present their case.(i)The President or the member, as the case may be, of the State Forum and the State Government or its representative shall appear before the inquiring authority on such date of hearing or any other date to which the hearing may be adjourned.(j)If the President or the member, as the case may be, of the State Forum, without prior leave of the inquiring authority, fails to appear on the specified date and time, the inquiring authority shall 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, however, not ordinarily allow more than one adjournment.
