Section 102 CPA: Power of State Government to make rules

Section 102 of Consumer Protection Act: Power of State Government to make rules

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The State Governments may, by notification, make rules for carrying out the provisions of this Act:

Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the State until the rules in respect of that matter is made by the State Government and while making any such rules, so far as is practicable, they shall conform to such model rules.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the other class or classes of persons including public utility entities under clause (19) of section 2;

(b) the contest, lottery, game of chance or skill which are to be exempted under item (b) of sub-clause (iii) of clause (47) of section 2;

(c) the number of other official or non-official members of the State Council under clause (b) of sub-section (2) of section 6;

(d) the time and place of meeting of the State Council and the procedure for the transaction of its business under sub-section (4) of section 6;

(e) the number of other official and non-official members of District Council under clause (b) of sub-section (2) of section 8;

(f) the time and place of meeting of the District Council and procedure for the transaction of its business under sub-section (4) of section 8;

(g) the number of members of the District Commission under clause (b) of sub-section (2) of section 28;

(h) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the District Commission under section 30;

(i) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the District Commission under sub-section (3) of section 33;

(j) the manner of authentication of goods sampled by the State Commission and the District Commission under clause (c) of sub-section (2) of section 38;

(k) the manner of depositing fifty per cent. of the amount before filing appeal under second proviso to section 41;

(l) the number of members of the State Commission under sub-section (3) of section 42;

(m) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the State Commission under section 44;

(n) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the State Commission under sub-section (3) of section 46;

(o) the form in which the State Commission shall furnish information to the State Government under sub-section (5) of section 70;

(p) the persons in the consumer mediation cell under sub-section (3) of section 74;

(q) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules.

Legal Commentary & Landmark Judgments: Section 102

Section 102 empowers State Governments to make rules governing the administrative functioning, staff salaries, allowances, and local mediation facilities of State and District Commissions.

State Delegated Legislative Authority: Authorizes State Governments by notification to make rules for matters falling within their state administrative remit under the Act.
Administrative and Registry Staffing: Governs the terms, conditions of service, salaries, and allowances of officers and employees of District and State Commissions.
State Consumer Mediation Infrastructure: Regulates the operational facilities, administrative secretariats, and local rules of Consumer Mediation Cells attached to State and District Commissions.

Key Landmark Precedents:

State of Haryana v. Subash Chander Marwaha (1973) 2 SCC 872: The Supreme Court held that state rule-making powers must operate within the framework of the parent enactment and cannot derogate from overarching statutory standards.
K.B. Ramachandra Raje Urs v. State of Karnataka (2016) 3 SCC 422: Reaffirmed that delegated legislation framed by state authorities must strictly conform to the constitutional and legislative bounds established by the governing parliamentary statute.

Courtroom Practice & Strategic Litigation Guidance:

Check whether the relevant State Government has updated its State Consumer Protection Rules in alignment with the 2019 Act. Any state rule that dilutes member salaries or reduces consumer commission infrastructure contrary to central standards can be challenged through public interest litigation.

Section 102: Power of State Government to make rules

Section 102 of Consumer Protection Act: Power of State Government to make rules

Legal Commentary & Landmark Judgments: Section 102