Power of the National Commission to Make Regulations and Laying of Rules Before Parliament
The law on the National Consumer Disputes Redressal Commission's power to make regulations is now contained principally in Section 103 of the Consumer Protection Act, 2019. The parliamentary laying requirement for rules and regulations is contained in Section 105. These provisions correspond broadly to Sections 30A and 31 of the repealed Consumer Protection Act, 1986.
Section 103: Power of National Commission to Make Regulations
Section 103(1) authorises the National Commission, with the previous approval of the Central Government, to make regulations by notification. Those regulations must not be inconsistent with the Consumer Protection Act, 2019 and must concern matters necessary or expedient for giving effect to the Act.
In practical terms, a "regulation" under this provision is subordinate legislation made by the National Commission within authority granted by Parliament. The requirement of previous Central Government approval and the restriction against inconsistency with the Act limit the regulation-making power.
Section 103(2) identifies matters for which regulations may specifically be made. These include costs for adjournments before Consumer Commissions, information and reporting requirements of consumer mediation cells, qualifications and empanelment of mediators, mediator training and fees, code of conduct and removal of mediators, re-empanelment, disclosures by mediators, the time and manner of mediation, and other matters that the Act permits to be prescribed by regulation.
Meaning of "previous approval"
The National Commission cannot exercise the Section 103 regulation-making power independently of the statutory approval requirement. Approval of the Central Government must precede the making of regulations under this provision.
Section 105: Rules and Regulations to Be Laid Before Parliament
Section 105(1) requires every rule and every regulation made under the Consumer Protection Act, 2019 to be laid before each House of Parliament as soon as may be after it is made. The total laying period is thirty days and may fall within one session or two or more successive sessions.
If both Houses agree, within the statutory period, to modify a rule or regulation or agree that it should not have effect, it thereafter operates only in the modified form or ceases to have effect, as applicable. A later modification or annulment does not invalidate action already validly taken under the rule or regulation before that change.
Section 105(2) separately provides that every rule made by a State Government under the Act is to be laid before the State Legislature as soon as may be after it is made.
Why the Parliamentary Laying Requirement Matters
The laying requirement creates legislative oversight over subordinate legislation. Parliament enacts the principal statute, while rules and regulations fill in procedural or operational details within powers delegated by that statute. Section 105 permits both Houses to consider those instruments and, in accordance with the statutory procedure, agree to modification or annulment.
Historical Position: Sections 30A and 31 of the Consumer Protection Act, 1986
The earlier webpage dealt with Section 30A, which empowered the National Commission, with previous Central Government approval, to make regulations not inconsistent with the 1986 Act. It specifically referred to regulations concerning costs of adjournment before the District Forum, State Commission or National Commission.
Section 31 of the 1986 Act required rules and regulations made under that Act to be laid before each House of Parliament for a total period of thirty days, subject to modification or annulment agreed by both Houses. State Government rules were to be laid before the State Legislature.
The 2019 Act repealed the 1986 Act. Section 107 contains savings for actions taken under the repealed law insofar as they are not inconsistent with the 2019 Act and also preserves the general operation of Section 6 of the General Clauses Act, 1897.
Official Legal Resources
For the authoritative statutory text, see the Consumer Protection Act, 2019 on India Code. The National Consumer Disputes Redressal Commission publishes relevant consumer protection regulations, notices and institutional information. The NCDRC has also published the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 and other regulations made under the 2019 framework.
Frequently Asked Questions
Which provision now replaces Section 30A of the Consumer Protection Act, 1986?
The corresponding current provision on the National Commission's regulation-making power is Section 103 of the Consumer Protection Act, 2019.
Which provision now deals with laying rules and regulations before Parliament?
Section 105 of the Consumer Protection Act, 2019 deals with laying rules and regulations before each House of Parliament and with laying State Government rules before the State Legislature.
Is the Consumer Protection Act, 1986 still in force?
No. It was repealed by Section 107 of the Consumer Protection Act, 2019, subject to the statutory savings for earlier actions and the operation of the General Clauses Act, 1897.
Note: This article is intended as a general legal reference. For a pending dispute, the applicable Act, rules, regulations, notifications and transitional provisions should be checked in their current official form.