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State of Bihar - Section

Section 7 in Bihar Consumer Protection (appointment, salary, allowances and conditions of service of President and Members of the State Commission and District Forum) Rules, 2019

7. Selection of Members of the State Commission.

(1)The process of appointments shall be initiated by the President of the State Commission at least six months before the vacancy arises.
(2)If a post falls vacant due to resignation or death of a Member or creation of a new post, the process for filling the post shall be initiated immediately after the post has fallen vacant or is created, as the case may be.
(3)The Advertisement of a vacancy, inviting applications for the posts from eligible candidates will be published in leading newspapers and also circulated in such other manner as the President of the State Commission may deem appropriate.
(4)Selection of Members of the State Commission shall be made by the Selection Committee constituted under sub-section (1A) of section 16 of the Act
(5)After scrutiny of the applications received till the last date specified for receipt of applications, a list of eligible candidates along with their applications shall be placed before the Selection Committee.
(6)The Selection Committee shall short-list the applicants in the following manner, namely-
(a)in the case of candidates having judicial background, on the basis of the judgements and other judicial orders passed by such candidates;
(b)in the case of candidates having experience of working under the Central Government or any State Government or an undertaking under the Central Government or the State Government, on the basis of their available Annual Confidential Reports for the last ten years and their experience relevant to the post applied for;
(c)In other cases, on the basis of a written test of two papers as per the following scheme. The qualifying marks in each paper shall be 50%.
Paper- I Topics Nature of test Max. marks Duration
Paper- I (a) General Knowledgeand Current Affairs(b) Broad features ofthe Code of Civil Procedure(c) Knowledge ofvarious Consumer related Laws as indicated in the schedule.(d) Knowledge of Constitution of India Objective Type 100 2 hours
Paper- II (a) One Essay ontopics chosen from issues on trade & commerce, consumerrelated issues or Public Affairs(b) One case study of a consumer case fortesting the abilities of analysis and cogent drafting of orders. Descriptive type 100 3 hours
(7)The Selection Committee shall interview all the shortlisted candidates and award marks with due weightage to the personality, relevant past experience, quality of the judgments, knowledge of law, special achievements, aptitude and vision for the assignment to be taken up.
(8)The selection committee shall recommend a panel of names of candidates for appointment as Member from amongst the candidates in the order of merit for the consideration of the State Government.
(9)The State Government shall, verify or cause to be verified the credentials and antecedents of the recommended candidates.
(10)Every appointment of a Member shall be subject to submission of a certificate of physical fitness as indicated in the annexure signed by a civil surgeon or District Medical Officer.
(11)Before appointment, the selected candidate shall have to furnish an undertaking that he does not and will not have any such financial or other interest as is likely to affect prejudicially his functions as such Member.