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Section 45: Transitional provision

Consumer Protection Act • Official Statutory Text & Practice Guide

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Act 2019
Section 44 All 107 Sections of Consumer Protection Act Section 46

Legal Commentary & Landmark Judgments: Section 45

Section 45 enacts a transitional saving clause protecting the tenure of office of any person appointed as President or member of the State Commission immediately before the commencement of the Consumer Protection Act, 2019. It guarantees uninterrupted continuity of appellate and original adjudication during the transition from the 1986 Act to the 2019 Act.

  • Statutory Continuity of Incumbent Appointments: Provides that any person holding office as President or member of the State Commission under the 1986 Act immediately prior to July 20, 2020 shall continue to hold office as such under the 2019 Act.
  • Completion of Appointed Term: Explicitly preserves their right to serve until the completion of the term for which they were originally appointed, without requiring re-selection under the 2019 rules.
  • Institutional Validity of Transitional Benches: Validates all appellate and original proceedings conducted and orders delivered by benches comprising transitional members, precluding collateral challenges based on new statutory qualification rules.
Key Landmark Precedents:
  • Neena Aneja v. Jai Prakash Associates Ltd. (2022) 2 SCC 161: The Supreme Court held that the transitional provisions of the 2019 Act are designed to ensure seamless administrative continuity and prevent disruption of pending disputes and established tenures.
  • K.S. Paripoornan v. State of Kerala (1994) 5 SCC 593: Established that savings and transitional provisions in amending or repealing enactments preserve existing tenures and vested rights unless expressly revoked by the legislature.
Courtroom Practice & Strategic Litigation Guidance:

Do not challenge the validity of proceedings or orders solely on the ground that the presiding President or member of the State Commission was appointed under the 1986 Act without meeting the new qualifications or selection mechanisms of the 2019 Act. Section 45 provides complete statutory immunity to such appointments until the natural expiry of their term.

Section 44 All 107 Sections of Consumer Protection Act Section 46