Section 3(1): requires the central government to establish by notification a Central Consumer Protection Council (CCPC) for the purpose of the act. The central government has made the consumer protection council rules, 2020, which came into force on 20 July, 2020. The rules provide for the establishment and constitution of the central council.
Composition of the Central Council: -
Section 3(2) of the act provides that the central council shall be an advisory council and consist of the following members namely: -
- The minister in-charge of the department of consumer affairs in the central government; who shall be the chairperson of the central council.
- The minister of state in-charge of the consumer affairs in the central government; who shall be the vice-chairperson.
- The minister in-charge of the consumer affairs of two of the states from each region as mentioned in Schedule 1, to be changed by rotation on expiration of the term of the council.
- An administrator of a Union Territory to represent that UT, as mentioned in Schedule 2, to be changed by rotation on expiration of the term of the council.
- Two members of parliament, one from the Lok Sabha and one from the Rajya Sabha.
- Representatives of departments of the central government, autonomous organisations, or regulator, concerned with the consumer interest – not exceeding 5, to be nominated by the central government.
- The chief commissioner of the CCPA.
- The Registrar, National Consumer Dispute Redressal Commission, New Delhi.
- Representatives of active consumer organisations - not exceeding 5, to be nominated by the central government.
- Representatives with proven expertise and experience, who are capable of representing consumer interest.
- The secretaries in-charge of the consumer affairs in the state to be nominated by the central government – not exceeding 3.
- The secretary in-charge of the consumer affairs in the central government, shall be the member secretary in the central council.
Term of CCPC: -
The term of CCPC shall be of 3 years. The council shall continue to function for the period further of 3 months or till it is reconstituted, whichever is earlier.
Number of meetings: -
Section 4(1) of the CPA, 2019, makes it obligatory that the council must hold at least one meeting in a year. This is a minimum requirement, but the council is entitled to hold as many meetings as it deems necessary.
Objective of the CCPC: -
The objective of the central council is to render advice on promotion and protection of the consumers’ rights which have been listed in the clause 9 of Section 2, of CPA 2019. The role of the central council is primarily advisory with regards to promotion and protection of consumers’ rights and interests.
Procedure for the meeting of Central Council: -
- The first essential requirement of a valid meeting is that it should be called by a proper authority; a meeting of the central council with the approval of the chairperson.
- Notice – a proper notice of the meeting must be given to all the members of the central council. The notice should be in writing and must be given at least 15 days prior to the date of the meeting. Every notice of the meting shall specify the place, and the day and the hours of the meeting, and shall contain the items of agenda for the meeting.
- Place of Meeting – the meeting of the council shall ordinarily be held in the NCT of Delhi. However, the council may also hold its meeting at any other place in India, wherever in the opinion and discretion of the chairperson.
- Presiding Office – the meeting of the central council shall be presided by the chairperson of the council. In the absence of the chairperson, the vice-chairperson shall preside over the meeting. In the absence of both of them, the central council shall elect a member to preside over the meeting of the council.
- Defect in the constitution of the council – the proceeding the CCPC shall not be invalid merely by a reason of existence of any vacancy in or any defect in the constitution of the council.
