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Section 31: Transitional provision

Consumer Protection Act • Official Statutory Text & Practice Guide

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Act 2019
Section 30 All 107 Sections of Consumer Protection Act Section 32

Legal Commentary & Landmark Judgments: Section 31

Section 31 enacts a transitional saving provision preserving the tenure of office of any person appointed as President or member of the District Forum immediately before the commencement of the Consumer Protection Act, 2019. It guarantees uninterrupted continuity of pending dispute adjudication, preventing administrative and judicial paralysis during statutory transition.

  • Preservation of Existing Appointments: Explicitly provides that every person holding office as President or member of the District Forum under the 1986 Act immediately prior to July 20, 2020 continues in office as President or member of the District Commission.
  • Protection of Original Appointed Tenure: The incumbent President or member holds office till the completion of the specific term for which they were originally appointed under the 1986 Act, without need for re-selection under the 2019 rules.
  • Seamless Operational Continuity: Validates proceedings conducted and orders delivered by transitional members, ensuring that the repeal of the 1986 Act does not invalidate ongoing proceedings or necessitate reconstitution of existing benches.
Key Landmark Precedents:
  • Neena Aneja v. Jai Prakash Associates Ltd. (2022) 2 SCC 161: The Supreme Court examined the transitional architecture of the 2019 Act, holding that transitional provisions reflect Parliament's clear intent to ensure smooth institutional succession without disturbing existing adjudicatory tenures or pending proceedings.
  • State of Punjab v. Mohar Singh (1955) 1 SCR 893: Established the cardinal principle that savings and transitional provisions in repealing enactments preserve existing legal statuses, appointments, and pending proceedings unless an express contrary intention appears.
Courtroom Practice & Strategic Litigation Guidance:

In any objection raised regarding the competence of a District Commission bench comprising members originally appointed under the 1986 Act, cite Section 31 to demonstrate that such members possess full statutory authority to hear and dispose of complaints under the 2019 Act until the expiration of their original tenure.

Section 30 All 107 Sections of Consumer Protection Act Section 32