Amendment to consumer protection act 1986

Government  has introduced consumer protection (amendment) bill, 2011 in the last loksabha session in December 2011 which will introduce many features to smoother implementation of the act.

Amendments proposed provide for the following-

 

On line filing of consumer complaints

 

Making provision for registering complaint by electronic form (on line filing complaint)- Since the Consumer Forums are being computerized it is proposed to make provision in the law to permit consumers to file complaints as well as pay fee online, which would make the consumer for a move towards e-governance/ time bound redressal.

 

Enforcement of orders as a Decree of Civil Court

 

Making provision that an order of the District Forum / State Commission/ National Commission will be enforced as a Decree of a Civil Court- This modification is considered essential in view of the experiences gained during implementation of the amended Act and is intended to deter willful offenders and also to ensure speedy and proper execution of the order of the consumer forums, so that justice to the aggrieved consumers is not frustrated.

 

Payment to be made for non-compliance of the order

 

Making provision for payment by every person for not complying of the order of District Forum / State Commission / National Commission of an amount of not less than Rs.500 or 1½ per cent of the value of the amount awarded- whichever is higher, for each day of delay of such non-compliance of the order. This modification is considered essential in view of the experiences gained during implementation of the amended Act and is intended to deter willful offenders and also to ensure speedy and proper execution of the orders of the consumer forums, so that justice to the aggrieved consumers is not frustrated.

 

Powers to District Forum

 

Empowering District Forum to function in any other place apart from District HQrs, in consultation with State Government / State Commission - This provision is considered necessary to allow State Governments the flexibility to club neighboring Districts Forum as also give additional charge to President/Members to hear cases in more than one District Forum so as to effectively deal with the non-functionality of Districts Forum caused due to vacancy of President/Member.

 

Conferring powers to District Forum to issue order to the opposite party to pay reasonable rate of interest on such price or charges as may be decided by the District Forum- This provision is considered necessary to empower the consumer forum to award interest where the consumer has suffered due to protracted litigation.

 

Powers to State Government in selection process

 

Empowering State Government to refer back the recommendation of the Selection Committee for making fresh recommendation in order to avoid any delay in the Selection process- This is felt necessary to facilitate quicker filling up of the posts in the Consumer Forums and to avoid the consumer Forum remaining non-functional for long due to such vacancy thereby adversely affecting consumers’ interest.

 

Increase of age in the appointment

 

Increasing the minimum age for appointment as Member in the case of State Commissions from 35 to 45 years, and in case of National Commission from 35 to 55 years- This is proposed to improve the quality of persons applying for these posts.

 

Experience for members

 

Increasing the period of experience for appointment as Member in the case of State Commission from 10 years to 20 years and in the case of National Commission from 10 years to 30 years-This is proposed in order to improve the quality of persons applying for these posts.

 

Powers to National Commission / State Commission to direct any one to assist the case

 

Conferring powers to National Commission / State Commission to direct any individual or organization or expert to assist National Commission / State Commission in the cases of large interest of the consumers- This provision would enable the National Commission or the State Commission, in cases involving the larger interests of the consumers, an opportunity to suo moto enlist the services of an expert or an outside party, in an ongoing case, in the interest of justice.

 

Monitoring system of pending cases

 

Conferring powers to Central Government to call upon periodical reports of pending cases from National Commission and to State Government from State Commission or any District Forum- The provision is considered necessary to enable easy availability of data regarding filing and disposal of consumer complaints, which would help in monitoring the functioning of the consumer for a and effectiveness of the law.

 

The above said amendments proposed in the Act will go a long way in speedy redressal of Consumer grievances and sturdy protection of Consumer rights.

LIST OF ORISSA ACTS AND REGULATIONS 1937-2005

1937	1	The Orissa General Clauses Act, 1937
1938	1	The Bihar and Orissa Public Safety (Orissa Repeal) Act, 1938
	7	The Orissa Nurses and Midwives Registration Act, 1938
1939	3	The Orissa Money Lenders  Act,1939
1944	5	The Hindu Women’s Right to Property(Extension to Agriculture land in Orissa) Act,1944
	12	The Orissa Legislative Assembly Salaries and Allowances Temporary Repeal Act,1944
1946	5	The Orissa Entertainment Tax Act,1946
	6	The Orissa  Drug Advertisement Control Act,1946
	7	The Orissa Military Police Act,1946
1947	8	The Orissa Preservation of Private Forest Act,1947
	16	The Orissa Opium Smoking Act, 1947
	26	The Orissa Court of Wards Act, 1947
	30	The Ganjam Small Holders Relief Act, 1947
1948	1	The Orissa Communal Forest and Private Lands (Prohibition of Alienation)Act, 1948
	5	The Orissa Local Fund Audit Act, 1948
	9	The Orissa Repealing Act, 1948
	10	The Orissa Compulsory Labour Act, 1948
1949	4	The Orissa Local Authorities Census Expenses Contribution Act, 1949
	7	The Orissa Mohammedan Marriage and Divorces Registration Act, 1949
	8	The Orissa Animal Contagious Disease Act, 1949
1950	4	The Orissa Merged State’s (Laws) Act, 1950
	5	The Orissa Drugs (Control) Act, 1950
	23	The Orissa Municipal Act, 1950
1951	10	The Orissa Government Lands Bar to Acquisition of the Right of Occupancy Act, 1950
	13	The Orissa Public Embankment Construction and Improvement Act, 1950
	18	The Orissa Basic Education Act, 1951
	23	The Orissa Board of Revenue Act, 1951
	25	The Merged Territories Petition Writers Continuance of Licenses Act, 1951
	26	The Orissa (Sub-ordinate Judges and Munsifs Proceedings  in Merged Territories) Validation Act, 1951
	33	The Orissa Expiring Laws Continuance Act, 1951
1952	1	The Orissa Estates Abolition Act, 1951
	2	The Orissa Hindu Religious Endowments Act, 1951
	14	The Puri Shri Jagannath Temple (Administration) Act, 1952
	20	The Orissa Ministers Salaries and Allowances Act, 1952
	24	The Orissa Restriction of Habitual Offenders Act, 1952
1953	10	The Orissa Secondary Education Act, 1952
	11	The Orissa Evacuee Interest (Separation) Supplementary Act, 1953
1954	2	The Orissa Cinemas (Regulation) Act, 1954
	14	The Orissa Official Language Act, 1954
	5	The Orissa District Board and Local Board  (Control and Management) Act, 1954
	16	The Orissa Disciplinary Proceeding (Summoning of Witnesses and Production of Documents) Act, 1954
	19	The Orissa Legislative Assembly Members’ Salary,  Allowances and Pension Act, 1954
1955	7	The Orissa Essential Articles Control and Requisition (Temporary Powers) Act, 1955
	11	Sri Jagannath Temple Act, 1954
	17	The Orissa Prevention of Gambling Act, 1955
1956	2	The Orissa Betterment Charges Act, 1956
	3	The Orissa Khadi and Village Industries Board Act, 1956
	4	The Anchal Sasan Act, 1956
	7	The Ganjam-Koraput Survey—Record-of Rights and Settlement  Operation Validation Act, 1956
	19	The Orissa Merged Territories Petition Writer’s Continuance  of Licenses Act, 1956
	30	The Orissa Shops and Commercial Establishments Act, 1956
1957	3	The Orissa Agricultural Produce Markets Act, 1956
	4	The Orissa Warehouse Act, 1956
	8	The Orissa Homeopathic Act, 1956
	9	The Orissa Prohibition Act, 1956
	10	The Orissa Town Planning and Improvement Trust Act, 1956
	19	The Orissa Revenue Divisional Commissioner Act, 1957
	22	The Orissa Aerial Ropeways Act, 1957
1958	10	The Orissa Live-Stock Improvement Act, 1957
	13	The Orissa Private Lands of Rulers (Assessment of Rent) Act, 1958
	20	The Orissa Weights and Measures (Enforcement) Act, 1958
	30	The Orissa Fire Works and Loud Speakers (Regulation) Act, 1958
1959	3	The Orissa Survey and Settlement Act,1958
	14	The Orissa Irrigation Act, 1959
	24	The Orissa Sugarcane Cess Act, 1959
	25	The Orissa Legislative Assembly Deputy Speaker’s Salary and Allowances Act, 1959
1960	5	The Orissa ( Non-Trading) Companies Act, 1959
	13	The Orissa Vaccination Act, 1960
	14	The Orissa Ayurvedic Medicine Act, 1960
	15	The Orissa Legislative Assembly Proceedings (Protection of Publication) Act, 1960
	16	The Orissa Land Reforms Act, 1960
	24	The Orissa Legislative Assembly Speaker’s Salary and Allowances Act, 1960
1961	5	The Orissa Prevention of Cow Slaughter Act, 1960
	7	The Orissa Sales Tax Validation Act, 1961
	10	The Orissa Hydro-Electric Projects and Flood Control  Works (Survey) Act, 1961
	14	The Orissa Electricity  (Duty) Act, 1961
	18	The Orissa Medical Registration Act, 1961
	21	The Orissa Prohibition of Smokings (in Show Houses ) Act, 1961
	22	The Orissa Home Guards Act, 1961
	26	The Orissa Offices of Profit (Removal of Disqualifications) Act, 1961
	28	The Orissa Kendu Leaves (Control of Trade) Act, 1961
1962	1	The Orissa Goshala Act, 1961
	2	The Orissa Cess Act, 1962
	12	The Orissa Hereditary Village Officers (Abolition) Act, 1962
	14	The Orissa Dramatic Performance Act, 1962
	15	The Orissa Re-Enacting Act, 1962
	18	The Orissa Taxation (on Goods Carried by Road and Inland Water Ways) Validation Act, 1962
	20	The Orissa Requisition and Acquisition of Immovable Property Act, 1962
	30	The Orissa Port Trust Act, 1962
	33	The Orissa Government Land Settlement Act, 1962
1963	1	The Orissa Public Demands Recovery Act, 1962
	2	The Orissa Co-operative Societies Act, 1962
	6	The National Defence Fund (Orissa Amendment) Act, 1963
	7	The Orissa Local Bodies (Suspension of Elections) (Repeal) Act, 1963
	10	The Orissa Merged Territories (Village Offices Abolition) Act, 1963
	22	The Orissa Revenue Administration (Units) Act, 1963
	24	The Orissa Agricultural Year Act, 1963
1964	3	The Orissa Offices of Village Police (Abolition) Act, 1964
	8	The Orissa Express Highway Act, 1964
	10	The Orissa Vesting of Properties (in Grama Sasans) Act, 1964
	16	The Orissa Gift Goods (Unlawful Possession )Act, 1964
1965	1	The Orissa Grama Panchayats Act, 1964
	17	The Orissa University of Agriculture and Technology Act, 1965
1966	4	The Orissa Soil Conservation Act, 1966
1967	1	The Orissa Industrial Housing Act, 1966
	17	The Orissa Grama Rakshi Act, 1967
	18	The Orissa Contingency Fund Act, 1967
1968	2	The Orissa Freedom of Religion Act, 1967
	8	The Orissa Taxation ( on Goods  carried by Roads or Inland water ways) Act, 1968
	11	The Orissa Housing Board Act, 1968
1969	15	The Orissa Education Act, 1969
	22	The Orissa Industrial Establishments ( National and Festival ) Holidays Act, 1969
1970	1	The Ganjam and Boudh (Village Offices Abolition) Act, 1969
	3	The Orissa Veterinary Practitioners Act, 1969
	4	The Orissa Preventive Detention Act, 1970
	8	The Director of Municipal Administration ( Orissa)  Exercise of Jurisdiction Validation Act, 1970
	31	The Orissa Land Revenue ( Abolition) Act, 1970
1971	2	The Orissa Bhoodan and Gramadan Act, 1970
1972	6	The Orissa Prevention of Land Encroachment Act, 1972
	7	The Orissa Public Premises (Eviction of Unauthorized Occupants) Act, 1972
	8	The Sambalpur University Validation Act, 1972
	14	The Orissa Forest Act, 1972
	16	The Orissa Prohibition of Alienation of Land Act, 1972
	21	The Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972
1975	7	The Utkal University (Taking over of management) Act, 1975
	13	The Orissa Re-enacting Act, 1974
	16	The Orissa Agricultural Laws Repealing Act, 1975
	17	The Railways Protection (Orissa Repealing ) Act, 1975
	18	The Orissa Educational Laws Repeal Act, 1975
	31	The Orissa Municipal (Validation of Holdings ) Validation Act, 1975
	34	The Orissa Medical Laws (Repeal) Act, 1975
	38	The Orissa Reservation of Vacancies in Posts and Services ( for Schedule Castes and  Scheduled Tribes ) Act, 1975
	39	The Orissa Motor Vehicles Taxation Act, 1975
	42	The Orissa Dadan Labour Control and Regulation Act, 1975
	43	The Orissa Agricultural Credit Operations and Miscellaneous Provisions (Bank) Act, 1975
	46	The Orissa Anatomy Act, 1975
	57	The Orissa Village Administration Laws Repealing Act, 1975
1976	21	The Orissa Repealing Act, 1976
	28	The Orissa Maternity Benefit Laws Repealing Act, 1975
	40	The Orissa Rent-Suits (Validation) Act, 1976
	45	The Talacher Municipality (Validation) Act, 1976
	47	The Madras Cotton Control ( Orissa Repealing)  Act, 1976
1977	9	The Orissa Panchayat Samiti (Re-election of office bearers) Act, 1976
	10	The Orissa Motor Spirit (Taxation on Sales) Repeal Act, 1977
	11	The Orissa Municipal Councils Reduction of Term of Office) Act, 1977
1978	6	The Orissa Land Revenue ( Abolition) Act, 1978
	14	The Orissa Aided Educational Institutions (Appointment of Teachers) Validation Act,1978
	24	The Orissa University (Validation and Miscellaneous Provisions ) Act, 1978
	32	The Orissa State Aid to Industries Act, 1978
1979	10	The Orissa Cattle and Poultry Feeds (Regulation) Act, 1979
	16	The Orissa Escheats Act, 1979
	19	The Orissa Educational Institution (Supersession of Managing Committees) Validation Act, 1979
	20	The Orissa Agricultural Income Tax Laws (Repealing) Act, 1979
	24	The Orissa Sales Tax (Amendment and Validation) Act, 1979
	29	The  Bolangir Municipal Council (Validation of Election ) Act, 1979
1980	12	The Orissa State Transport Undertakings (Prevention of Ticketless) Travels (Repeal) Act, 1980
1981	1	The Orissa Industrial Infrastructure  Development Corporation Act, 1981
	5	The Orissa Debt Relief  Act, 1981
	9	The Orissa Panchayat Samiti (Re-election of Office Bearers) Act, 1981
	10	The Orissa Grama Panchayats (Reduction of Term of Office Bearers) Act, 1981
	11	The Orissa Panchayat Samiti Miscellaneous Provisions Act, 1981
	22	The Orissa Forest Produce (Control of Trade) Act, 1981
	27	The Orissa Aided Educational Institutions ( Appointment of Teachers Validation ) Act, 1981
1982	6	The Orissa Subordinate Education Service  (Validation of Appointment) Act, 1982
	10	The Orissa Marine Fishing Regulation Act, 1981
	11	The Orissa Registration  of Documents Validation Act, 1982
	14	The Orissa Development Authorities Act, 1982
	19	The Orissa Higher  Secondary Education Act, 1982
	24	The Orissa Children Act, 1981
1983	18	The Orissa Protection of Scheduled Castes and Scheduled Tribes (Interest in Trees) Act, 1981
	27	The Orissa Textiles Mills Limited (Acquisition of Transfer of Shares ) Act, 1983
1984	1	The Orissa Apartment Ownership Act, 1982
	3	The Orissa Relief Undertakings (Special Provisions) Act, 1984
	11	The Orissa Requisitioning of Omnibuses Act, 1984
	14	The Orissa Settlement and Consolidation Service (Appointment of Officers Validation) Act, 1984
	18	The Orissa Civil Court Act, 1984
1985	13	The Orissa Eyes (Authority for use for therapeutic purpose) Act, 1985
1986	4	The Bhaskar Textile Mills (Acquisition and Transfer) Act, 1986
	5	The Orissa Requisitioning of Goods Vehicles Act, 1986
1987	8	The Orissa Administrative Service Class II (Appointment of Officers Validation) Act, 1986
	18	The Orissa Advocate’s Welfare Fund Act, 1987
1988	2	The Orissa Conduct of Examinations Act, 1988
	7	The Bolangir Notified Area Council (Extension of Term of Office and Validation ) Act, 1988
	17	The Orissa Medical Education Service (Validation of gradation list of Junior Teachers) Act, 1988
1989	5	The Orissa Universities Act, 1989
	9	The Orissa Aided Educational  Institutions (Appointment of Teachers Validation) Act, 1989
	11	The Orissa Electric Supply (Line Materials unlawful Possession) Act, 1989
	23	The Orissa Minerals (Prevention of Theft, Smuggling  and other Unlawful Activities) Act, 1988
1990	6	The Orissa Panchayat Samitis (Postponement of Election) Act, 1990
	7	The Orissa Grama Panchayats (Postponement of Election) Act, 1990
	12	The Balugaon Notified Area Council (Extension of Term of Office and Validation Act, 1990
	13	The Orissa Municipal Council (Reduction of Term of Office) Act, 1990
	19	The Orissa Additional  Sales Tax Repealing Act, 1990
1991	14	The Orissa Notified Area Council (Extension of Term of Office and Validation) Act, 1991
	15	The Orissa Municipal Councils (Postponement of Election ) Act, 1991
	17	The Orissa Zilla Parishad Act, 1991
	24	The Nalini Devi Women’s College of Education (Taking over of Management) Act, 1991
	27	The Orissa Saw Mills and Saw Pits (Control) Act, 1990
1992	8	The Orissa Clinical Establishments ( Control and  Regulation) Act, 1990
	9	The Orissa Essential Services (Maintenance) Act, 1988
	13	The Orissa Transport Vehicles (Levy of Toll) Act, 1992
	21	The Orissa Irrigation (Validation) Act, 1992
	33	The Orissa Lokpal and Lokayuktas (Repel) Act, 1992
1993	1	The Orissa Aided Educational Institutions( Appointment of Hindi Teachers Validation) Act, 1992
	10	The Orissa Medical Services (Appointment of Asst. Surgeons) Validation Act, 1993
	11	The Orissa Medical Education Service (Appointment of Junior Teachers) Validation Act, 1993
	16	The Orissa State Commission of Backward Classes Act, 1993
	18	The Orissa Prevention of Dangerous Activities of Communal    Offenders Act, 1993
	28	The Orissa Panchayati  Raj Finance Commission (Miscellaneous  Provisions) Act, 1993
	30	The Orissa Fire Service Act, 1993
1994	14	The Orissa Sports Authorities Act, 1994
	15	The Orissa Development of Industries , Irrigation, Agriculture , Capital Construction and Resettlement of Displaced Person (Land Acquisition) Repeal Act, 1994
	19	The Orissa State Commission for Women Act, 1993
	24	The Employee’s State Insurance Medical Service (Validation of Appointment) Act, 1994
1995	2	The Orissa Service of Engineers (Validation of Appointment) Act, 1994
	7	The Talacher Thermal Power Station(Acquisition and Transfer ) Act, 1994
	8	The Orissa Lokpal and Lokayuktas  Act, 1995
	10	The Orissa Special Courts (Repeal and Special Provisions) Act, 1995
	11	The Orissa Luxury Tax Act, 1995
1996	2	The Orissa Electricity Reform Act, 1995
	4	The Orissa Homoeopathic Medical Teaching Service (Appointment of Lecturer Validation) Act, 1995
1997	3	The Panchagada Ananga Narendra School of Education(Taking over of management) Act, 1997
1998	8	The Orissa District Planning Committees Act, 1998
	14	The Orissa Aided Educational Institutions( Appointment of lecturers Validation) Act, 1998
1999	9	The Orissa Utkal University  of Culture Act, 1999
	11	The Orissa Entry Tax Act, 1999
2000	2	The Orissa Fruit Nurseries (Regulation) Act, 1997
	7	The Orissa State Tax on Professions, Trades, Callings and Employments Act, 2000
	10	The Western Orissa Development Council Act, 2000
2002	1	The Orissa Service of Engineers (Validation of Appointment) Act, 2001
	3	The Orissa Public Libraries Act, 2001
	4	The Orissa Self-Help Co-Operatives Act, 2001
	9	The Biju Patnaik University of  Technology Act, 2002
	10	The Orissa Pani Panchayat Act, 2002
2003	9	The Orissa Service of Engineers ( Validation of Appointment) Act, 2002
	11	The Orissa Municipal Corporation Act, 2003
	18	The Orissa Forest Development ( Tax on Sale of Forest Produce by Government or Orissa Forest Development Corporation) Act, 2003
	20	The Orissa Technical Education and Training Service (Validation of Appointment of Lecturers) Act, 2003
	21	The Orissa Mining and Geology Service (Validation of Appointment) Act, 2003
2004	14	The Orissa Industries (Facilitation ) Act, 2004
2005	2	The Orissa Rural Infrastructure and Socio-economic Development Act, 2005
	4	The Orissa Value Added Tax Act, 2004
	6	The Orissa Fiscal Responsibility and Budget Management Act, 2005
	8	The Ravenshaw University Act, 2005.

 

ORISSA REGULATIONS
1936	1	The Orissa Laws Regulation, 1936
	3	The Orissa Consolidation of Appeal Regulations, 1936
	4	The Kandhamals Laws Regulations, 1936
	12	The Orissa (Patna High Court’s Jurisdiction) Regulations, 1936
1937	11	The Orissa Ports Regulations
	12	The Orissa Famine Relief Fund Regulations
	14	The Orissa Christian Marriages Validation Regulations
1941	1	The Orissa Income Tax 1st Validating Regulation, 1941
	2	The Orissa Income Tax 2nd  Validating Regulation, 1941
	3	The Orissa Excess Profit Tax Validation Regulation, 1941
	4	The Orissa Finance 1st Validating Regulation, 1941
	5	The Orissa Finance 2nd   Validating Regulation, 1941
	6	The Orissa Finance 3rd  Validating Regulation, 1941
1943	1	The Orissa Laws Validating Regulation, 1943
	4	The Angul and Kandhamal Marriages Validating Regulation,1943
	7	The Koraput Guardians and Wards Regulation, 1943
1947	3	The Koraput and Ganjam Agency Tracts State-aid to Industries Regulation
1948	1	The Orissa Debt Bondage Abolition Regulation, 1948
	4	The Koraput and Ganjam Agency Tracts Agents to Governor (Regulation of Functions) Regulation, 1948
	5	The Sambalpur Zaminidaries Provincial Insolvency Regulation, 1948
1949	1	The Koraput and Ganjam Agency Tract Acting Judge and Provincial Insolvency Regulation, 1949
1951	1	The Orissa Money Lenders ( Application of certain provisions) Regulation, 1950
	2	The Koraput Ganjam Agency and Kandhamals Mining Settlements Regulations, 1951
	5	The Koraput and Ganjam Agency Repealing and Extension of Laws Regulation, 1951
1952	2	The Mayurbhanj and Sundargarh Mining Settlement Regulations, 1951
1953	1	The Koraput and Ganjam Agency Legal Practitioners Regulation, 1953
1956	1	The Industrial Disputes (Banking and Insurance Companies (Scheduled Areas Regulation) Act , 1956
	2	The Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes ) Regulation,  1956
1963	1	The Orissa Schedule Areas Exercise of Criminal Powers  Validation Regulation, 1963
1968	1	The Orissa (Scheduled Areas) Debt Relief Regulation , 1967
	2	The Orissa (Schedule Area) Money Lender’s Regulation, 1967
1976	1	The Orissa Schedule Areas Transfer of Immovable Property ( By Scheduled Tribes ) Miscellaneous Provisions Regulations , 1976