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Central Govt. notifies Consumer Protection Authority Allocation and Transaction of Business Regulations, 2020 [Read Notification]

Consumer Protection Authority - Transaction Business - Taxscan

The Central Consumer Protection Authority (CCPA) has notified the Consumer Protection Authority (Allocation and Transaction of Business) Regulations, 2020 wherein various provisions related to the procedure for transaction and allocation of business, manner and form in which contracts may be executed, Affixation of the common seal, reimbursement and so on have been discussed in detail.

The notification seeks to describe the procedure for transaction and allocation of business wherein it specifies that the transaction of business of the Central Authority shall be carried out on the directions of the Chief Commissioner.

Firstly, the Chief Commissioner shall allocate the business of the Central Authority between himself and the Commissioner.

Secondly, the Chief Commissioner shall have powers in respect of all administrative matters of the Central Authority and may delegate such powers as per sub-section (2) of section 14 of the Act.

Thirdly, any decision taken by the Central Authority shall be published on the website of the Central Authority unless the Chief Commissioner determines otherwise on grounds of confidentiality.

Lastly, every decision and direction of the Central Authority shall be recorded in writing and be kept as a record.

The CCPA further seeks to elaborate on the manner and form in which contracts may be executed, which says that any contract on behalf of the Central Authority may be made in writing signed by an officer of the Central Authority or any other person acting under its authority, and may in the same manner be varied or discharged.

Any document connected with any contract may be signed and verified on behalf of the Central Authority by any officer authorised by the Chief Commissioner.

All contracts made according to the provisions of this regulation shall be valid and binding on the Central Authority.

“The Common Seal of the Central Authority shall not be affixed to any instrument except in pursuance of a resolution of the Central Authority and in the presence of the Commissioner who shall sign on such instrument in token of his presence and such signing shall be independent of the signing of any person who may sign the instrument as the executor,” the notification said.

While elaboration on the reimbursement the notification said, “persons who are not officers of the Central Authority and who have been invited to attend any meeting of the Central Authority may be entitled to reimbursement of actual travel and subsistence expenses at the discretion of the Central Authority.”

The notification clarified that no act or decision of the Central Authority shall be invalid merely by reason of any irregularity in the procedure of the Central Authority not affecting the merits of the case.

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