Sections 3 and 4 of the Consumer Protection Act, 2019: Central Consumer Protection Council

Sections 3 and 4 of the Consumer Protection Act, 2019 deal with the establishment and composition of the Central Consumer Protection Council and the procedure for its meetings. The 2019 Act replaced the Consumer Protection Act, 1986, so the numbering and subject matter of these provisions are different from the corresponding sections of the repealed law.

Important update: This page originally reproduced Sections 3 and 4 of the Consumer Protection Act, 1986. Under the current Consumer Protection Act, 2019, Section 3 concerns the Central Consumer Protection Council and Section 4 concerns the procedure for meetings of that Council. The former 1986 Act provision stating that the Act was "in addition to and not in derogation of" other laws should therefore not be presented as the current Section 3.

Section 3 - Central Consumer Protection Council

Section 3 requires the Central Government, by notification, to establish the Central Consumer Protection Council, commonly referred to as the Central Council.

Composition of the Central Council

The Central Council is an advisory council. It is chaired by the Minister-in-charge of the Department of Consumer Affairs in the Central Government. It also includes such official and non-official members representing prescribed interests as may be provided under the applicable rules.

In practical terms, the provision creates a national-level advisory body for consumer protection policy. The Council is distinct from the Central Consumer Protection Authority established under Section 10 of the 2019 Act, which has separate statutory enforcement functions.

Section 4 - Procedure for meetings of the Central Council

Section 4 provides the statutory framework for meetings of the Central Council. The Council is required to meet whenever necessary, with at least one meeting to be held every year.

The meeting is held at the time and place determined by the Chairperson, and the Council must follow the prescribed procedure for conducting its business.

Rules governing the Central Council

The Consumer Protection (Central Consumer Protection Council) Rules, 2020 supplement Sections 3 and 4. These rules deal with matters including the constitution and functioning of the Central Council and came into force on 20 July 2020.

What is the object of the Central Council?

Section 5 of the Consumer Protection Act, 2019 states that the object of the Central Council is to render advice on the promotion and protection of consumer rights under the Act. Accordingly, Sections 3, 4 and 5 should be read together when considering the Council's constitution, meetings and advisory role.

Position under the repealed Consumer Protection Act, 1986

For historical reference, Section 3 of the Consumer Protection Act, 1986 provided that the remedies under that Act were additional to remedies available under other laws. Section 4 of the 1986 Act dealt with establishment and composition of the Central Consumer Protection Council. Those provisions belong to the repealed 1986 legislation and should be distinguished from Sections 3 and 4 of the Consumer Protection Act, 2019.

Legal reference: For the current statutory text, amendments and subordinate legislation, consult the official India Code and Department of Consumer Affairs resources linked in the sidebar.