Chapter VIII - Miscellaneous
Section 102
Section 102: Power of State Government to make rules
States may notify rules for the Act; Central model rules apply to a State until it makes rules on that matter, with the stated conformity expectation.
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This article is for general information. Refer to the Consumer Protection Act, 2019 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) The State Governments may, by notification, make rules for carrying out the provisions of this Act: Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the State until the rules in respect of that matter is made by the State Government and while making any such rules, so far as is practicable, they shall conform to such model rules. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the other class or classes of persons including public utility entities under clause (19) of section 2; (b) the contest, lottery, game of chance or skill which are to be exempted under item (b) of sub-clause (iii) of clause (47) of section 2; (c) the number of other official or non-official members of the State Council under clause (b) of sub-section (2) of section 6; (d) the time and place of meeting of the State Council and the procedure for the transaction of its business under sub-section (4) of section 6; (e) the number of other official and non-official members of District Council under clause (b) of sub-section (2) of section 8; (f) the time and place of meeting of the District Council and procedure for the transaction of its business under sub-section (4) of section 8; (g) the number of members of the District Commission under clause (b) of sub-section (2) of section 28; (h) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the District Commission under section 30; (i) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the District Commission under sub-section (3) of section 33; (j) the manner of authentication of goods sampled by the State Commission and the District Commission under clause (c) of sub-section (2) of section 38; (k) the manner of depositing fifty per cent. of the amount before filing appeal under second proviso to section 41; (l) the number of members of the State Commission under sub-section (3) of section 42; (m) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the State Commission under section 44; (n) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the State Commission under sub-section (3) of section 46; (o) the form in which the State Commission shall furnish information to the State Government under sub-section (5) of section 70; (p) the persons in the consumer mediation cell under sub-section (3) of section 74; (q) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules.
Key takeaways
Statutory scope
States may notify rules for the Act; Central model rules apply to a State until it makes rules on that matter, with the stated conformity expectation.
Key limit
The applicable State’s notified rules can govern Commission administration and procedure.
Practical response
Identify the State forum and verify its current rules or applicable model rules before filing or responding.
Apply the statutory test
Check both the State notification and the model-rule fallback for the precise issue.
Prepare the response
Identify the State forum and verify its current rules or applicable model rules before filing or responding.
Do not apply another State’s procedural rule without checking local adoption.
Illustrative example
A business defending a District Commission case checks that State’s filing and administrative rules alongside Central provisions.
Official sources
Practical checklist
Do
- Identify the State forum and verify its current rules or applicable model rules before filing or responding.
- Keep dated records of the relevant goods, notices, decisions and official communications.
Avoid
- Do not apply another State’s procedural rule without checking local adoption.
Glossary
- Model rules
- Central Government rules framed as a model that apply until the State makes its own rules on that matter.
Frequently asked questions
When do Central model rules apply in a State?
The proviso says they apply on a matter until the State makes its own rules for that matter.
Can State rules cover District Commission staffing?
Yes. Subsection (2) lists several Commission composition and service matters.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026