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State of Uttar Pradesh - Section

Section 3 in The U.P. Consumer Protection Rules, 1987

3. [ Mode of appointments in District Fora. [Substituted by Notification 01/2019/39-84-2-2019-C.P.25/2017, dated 21.2.2019.]

(1)President of a District Forum shall be appointed either (a) by direct appointment or (b) on deputation from amongst the serving District Judges;Provided that appointment of a serving District Judge shall not be made without the concurrence of the High Court:Provided further that where the pendency of complaints at the starting of the year before a District Forum does not exceed five hundred or the average number of complaints filed in the last three years does not exceed five hundred, the appointment may be made on part time basis.
(2)Notwithstanding the provisions in sub-rule (1), if the State Government is of the view that the work can be managed by assigning additional charge to a serving District Judge, it may do so with the concurrence of the Chief Justice of the High Court:
(3)Members of the District Forum shall be appointed on whole time basis or part time basis:Provided that the number of posts for whole time appointment shall be identified by the State Government in consultation with the President of the State Commission:Provided further that where the pendency of complaints at the starting of the year before a District Forum does not exceed five hundred or the average number of complaints filed in the last three years does not exceed five hundred, the appointment may be made on part time basis.
(4)In the event of pendency of complaints at the starting of the year before a District Forum exceeding one thousand five hundred or the average number of complaints filed in the last three years exceeding one thousand, the State Government may establish an additional District Forum in the District.
(5)Presidents and Members appointed on part time basis shall function for such number of days in a week as may be decided by the President of the State Commission in consultation with the State Government, taking into consideration the work load of the District Forum:Provided that the number of working days shall not be less than two in a week and the President and Members, appointed on part time basis, will observe regular office hours on their working days.
(6)Presidents and Members while acting or purporting to act in pursuance of any of the provisions of this Act, shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.
(7)Where any vacancy occurs in the office of the President of District Forum, the senior-most (in order of appointment) member of 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 the functions owing to obscene, illness or any other cause, the senior-most (in order to the 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 5 years from the date on which he ceases to hold such office.]