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Consumer Welfare Fund
Rules, 1992
[M.F. (D.R.) Notification No. 29/1992-C.E. (N.T.),
dated 25-11-1992
as amended by Notification No. 3/94- C.E. (N.T.), dated 27.01.1994,
01/1995 - C.E. (N.T.), dated 16.01.1995, 47/1999- C.E. (N.T.), dated
06.07.1999,
23/2002-C.E. (N.T.), dated 13.06.2002]
In exercise of the powers conferred by sub-section (2) of section 37, read with
section 12D of the Central Excises and Salt Act, 1944 (1 of 1944), the Central
Government, hereby makes the following rules, namely :
Rule 1.
Short title and commencement. - (1)
These rules may be called the Consumer Welfare Fund Rules, 1992.
(2) They shall come into force on the date of their publication in the Official
Gazette.
Rule 2.
Definitions, -In these rules, unless
the context otherwise requires, -
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(a)
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"Act" means the Central Excise
Act, 1944 (1 of 1944), or, as the case may be, the Customs Act, 1962 (52 of
1962);
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(b)
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"Applicant" means any agency / organisation engaged in consumer welfare activities for a
period of three years registered under the Companies Act, 1956 (1 of 1956) or
under any other law for the time being in force, including village/mandal/samiti level
co-operatives of consumers especially Women, Scheduled Castes and Scheduled
Tribes, or any industry as defined in the Industrial Disputes Act, 1947 (14
of 1947) recommended by the Bureau to be engaged for a period of five years
in viable and useful research activity which has made, or is likely to make,
significant contribution in formulation of standard mark of the products of
mass consumption, the Central Government or the State Government, and
includes a consumer for the purpose of reimbursing legal expenses as referred
to in clause (d) of rule-8 of these rules;
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(c)
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"Application" means an
application in Form AI, appended to these rules;
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(d)
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"Bureau" means the Bureau of
Indian Standards constituted under the Bureau of Indian Standards Act, 1986
(63 of 1986);
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(e)
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"Central Consumer Protection
Council" means the Central Consumer Protection Council established under
sub-section (1) of section 4 of the Consumer Protection Act, 1986 (68 of
1986), for promotion and protection of rights of consumers;
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(f)
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"Committee" means the Committee
constituted under rule 5;
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(g)
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"Consumer" has the same meaning
as assigned to it in clause (d) of sub-section (1) of section 2 of the
Consumer Protection Act, 1986 (68 of 1986), and includes consumer of goods on
which duty has been paid;
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(h)
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"Consumer Welfare Fund" means the
fund established by the Central Government under sub-section (1) of section
12C of the Central Excise Act, 1944 (1 of 1944);
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(i)
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"Duty" means the duty paid under
the Act;
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(ia)
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"Proper Officer" means the
officer having the power under the Act to make an order that the whole or any
part of the duty is refundable;
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(j)
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"Standard mark" shall have the
same meaning as assigned to it in clause (t) of section 2 of the Bureau of Indian
Standards Act, 1986 (63 of 1986);
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(k)
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"Welfare of the Consumers"
includes promotion and protection of rights of consumers;
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(l)
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Words and expressions used in the rules and
not defined but defined in the Consumer Protection Act, 1986 (68 of 1986)
shall have the meanings respectively assigned to them in that Act.
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Rule 3. Establishment of Consumer Welfare Fund .- There
shall be established a Consumer Welfare Fund with the Central Government into
which credits of amounts of duty and income from investment along with other
monies specified in sub-section (2) of section 12C of the Central Excise Act,
1944 (1 of 1944) shall be accredited.
Provided that any amount having been credited to the Fund is ordered
or directed as payable to any claimant by orders of proper officer, appellate
authority or court, shall be paid from the Fund.
Rule 4. Maintenance of
accounts and records of Consumer Welfare Fund .- Proper and separate
accounts in relation to the Consumer Welfare Fund shall be maintained by the
Central Government and shall be subject to audit by the Comptroller and Auditor
General of India.
Rule 5. Constitution of the Committee .- (1) The
Committee constituted by the Central Government under sub-rule (2), shall make
recommendations for proper utilisation of the money
credited to the Consumer Welfare Fund for the welfare of the consumers, to
carry out the purposes of these rules.
(2)The Committee shall consist of the following
Members, namely:-
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(a)
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The Secretary, Department of Consumer
Affairs, who shall be the Chairman of the Committee;
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(b)
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Secretary, Department of Expenditure in the
Ministry of Finance or the Financial Adviser, Department of Consumer Affairs
in the Ministry of Food, Civil Supplies and Public Distribution, who shall be the Vice-Chairman of the
Committee;
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(c)
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Chairman, Central Board of Excise and
Customs or an officer not below the rank of a Joint Secretary in the
Department of Revenue of Ministry of Finance;
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(d)
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Member (Central Excise) of the Central
Board of Excise and Customs or an officer not below the rank of a Joint
Secretary in the Department of Revenue of Ministry of Finance;
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(e)
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Secretary/Joint Secretary/Economic Adviser
(Monitoring) Department of Rural Development
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(f)
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Director General, Bureau of Indian
Standards;
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(g)
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The Additional Secretary or Joint Secretary
in charge of Consumer Welfare Fund, in the Department of Consumer
Affairs, who shall also be the Member-Secretary of the Committee:
Provided that the Chairman
or Vice-Chairman, as the case may be, may invite representatives of the State
Governments concerned and a nominee of the Consumer Co-ordination Council to
the meetings as and when necessary.
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(3)
The Committee shall be a standing Committee.
Rule 6. Procedure
for conduct of business .- (1) The Committee shall meet as
and when necessary, but not more than three months shall intervene between any
two meetings.
(2) The Committee shall meet at such time and place as the Chairman, or in his
absence the Vice-Chairman of the Committee may deem fit.
(3) The meeting of the Committee shall be presided over by the Chairman, and in
the absence of the Chairman, the Vice-Chairman shall preside over the meetings
of the Committee.
(4) Each meeting of the Committee shall be called, by giving notice in writing
to every member of not less than ten days from the date of issue of such
notice.
(5) Every notice of the meeting of the Committee shall specify the place and
the day and hour of the meeting and shall contain statement of business to be
transacted thereat.
(6) No proceeding of the Committee shall be valid,
unless it is presided over by the Chairman or Vice- Chairman and a minimum of
three other members are present.
Rule 7. Powers and functions of
the Committee .-
(1) The Committee shall have powers :-
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(a)
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to require any applicant to produce before
it, or before a duly authorised Officer of the
Central Government, or as the case may be, the State Government, such
books, accounts, documents, instruments, or commodities in custody and
control of the applicant, as may be necessary for proper evaluation of the
application;
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(b)
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to require any applicant to allow entry and
inspection of any premises, from which activities claimed to be for the
welfare of Consumers, are stated to be carried on, to a duly authorised officer of the Central Government or, as
the case may be, State Government;
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(c)
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to get the accounts of the applicants
audited, for ensuring proper utilisation of the
grant;
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(d)
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to require any applicant, in case of any
default, or suppression of material information on his part, to refund
in lump-sum, the sanctioned grant to the Committee, and to be subject
to prosecution under the Act;
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(e)
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to recover any sum due from any applicant
in accordance with the provisions of the Act;
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(f)
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to require any applicant, or class of
applicants to submit a periodical report, indicating proper utilisation of the grant;
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(g)
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to reject an application placed before it
on the basis of involvement of factual inconsistency, or inaccuracy in the
material particulars;
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(h)
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to recommend minimum financial assistance,
by way of grant to an applicant, having regard to his financial status, and
importance and utility of nature of activity under pursuit, after ensuring
that the financial assistance provided shall not be misutilised;
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(i)
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to require Central Consumer Protection
Council or the Bureau, to formulate broad guidelines for considering the
projects/ proposals for the purpose of incurring expenditure from
the Consumer Welfare Fund;
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(j)
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to identify
beneficial and safe sectors, where investments out of Consumer Welfare Fund
may be made and make recommendations, accordingly.
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(k)
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to relax the conditions required for the period
of engagement in consumer welfare activities of an applicant as
specified in clause (b) of rule 2;
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(l)
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to make guidelines
for the management and administration of the Consumer Welfare Fund.
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(2) The Committee shall not consider an
application, unless it has been inquired into, in material details and
recommended for consideration accordingly, by the Member Secretary.
Rule 8. Specification of purposes for utilisation
of credits available in Consumer Welfare Fund :- The
Committee shall make recommendations :-
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(a)
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for making available grants to any
applicant;
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(b)
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for making available grants recommended by
the Bureau for activities relating to standard
marks, which may be considered essential by the Central Government, for the welfare
of
the consumers;
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(c)
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for investment of the money available in
the Consumer Welfare Fund;
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(d)
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for making available grants, on a selective
basis for reimbursing legal expenses incurred by a complainant, or class of complainants
in a consumer dispute, after its final adjudication;
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(e)
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for making available
grants for any other purpose recommended by the Central
Consumer Protection Council, as may be considered appropriate by the
Committee.
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__________________________________________________________________________________________________
FORM-AI
[See Rule 2 (c) of Consumer Welfare Fund Rules, 1992]
IMPORTANT: Please fill up this form, furnishing correct details sought for, based
on verifiable true state of affairs without causing suppression of any material
information which, if resorted to, shall entail prosecution under the
Act.
Note : All applications must be submitted along with
their enclosures in duplicate duly attested by any gazetted
officer of the Central or State Government.
1. Name and full postal address of the applicant :
2. Status of the applicant under clause (b)
of Rule 2 :
3. Date of establishment :
4. Whether registered under the Societies Registration :
Act, 1860 (21 of 1860) or any other relevant Act
5. If yes, number and year of registration (Attested copy :
of registration certificate to be enclosed)
6. Whether the organisation is of national or State level :
7. Number of Managing Committee members together :
with list of names, addresses and occupation of the
office bearers
8. Brief details of the organisation, objectives and :
activities during the last three years
9. Purpose for which the amount is required (please state :
the details of the project and its proposed (implementation)
10. Amount of grant required - itemwise details under :
non-recurring, recurring to be enclosed
11 Time Schedule of the activities arranged :
12. The total amount incurred or invested by the applicant, :
or likely to be incurred by the applicant
13. Sources of funding of balance amount whether the :
organisation is getting financial assistance from
any
other official or non-official source, if yes, give details
14. Details of prosecution, if any, in a court of law :
launched against the applicant, during the last five years
15. Copies of the following documents (duly attested by
a gazetted officer of the Central or State
Government)
to be attached -
(i) Constitution of the organisation and Articles of
Association.
(ii) Annual reports of the organisation for last
three years (please furnish separate
Annual Reports for each year).
(iii) Annual Audited Statement of accounts for each of last 3 years duly signed
by
Chartered Accountant. These Statements must bear the registration number
and
official seal or stamp of the Chartered Accountant.
________________________________________
DECLARATION
(To be signed by the applicant or its authorised
agent)
The particulars heretofore given, are true and
correct. Nothing material has been suppressed. It is certified that I/we have
read the guidelines, terms and conditions governing the scheme and undertake to
abide by them on behalf of our organisation/institution.
The financial assistance, if provided, shall be put to the declared use, for
promotion and protection of rights of consumers or for standard marks. (Strike
out whichever is inapplicable).
APPLICANT
Dated
Station
To
Member-Secretary
Committee (Consumer Welfare Fund)
Krishi Bhawan
New Delhi
Recommendation of Member-Secretary
Factual details furnished in the application have been verified in consultation
with Ministry/Department of agency who is/are
administratively concerned in the matter and found to be correct/incorrect. The
claims of the applicant are recommended for consideration by the Committee
(Please give reasons in support of your recommendation).
Member-Secretary
Committee (Consumer Welfare Fund)
Recommendation of the
Committee
Recommended for grant of Rs. ________ Rupees _____________________________ (in
words) from the Consumer Welfare Fund as discussed in the meeting held on
_______ (date).
Chairman
Committee
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