Bihar Consumer Welfare Fund Rules, 2011

Consumer Welfare Fund Rules 2011 Govt. of Bihar. Food and Consumer Protection Department. Govt. of Bihar Food and Consumer Protection Deptt. Notification !>AT€- 9·6•2-i:r(J Notification no. Sec-02, B-1-54/2009-$"l{6g /In exercise of powers conferred under provision to Article 162 of the Constitution of India, the Governor of Bihar is pleased to make the Consumer Welfare Fund Rule 2011 for Consumer Welfare and Consumer Awareness. The Consumer Welfare Fund Rules, 2011. 1. Short title and commencement: (i) These rules may be called the Bihar Consumer Welfare Fund Rules, 2011. (ii) These shall come into force on the date of its publication. 2. Definitions: In these rules, unless the context otherwise requires, (a) 'Applicant' means any agency/ organization engaged in consumer welfare activities for a pe1iod of three years registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force, including village/ 1nandal / samiti / samiti level co­ operatives of consumers especially Women, Scheduled Castes and Scheduled Tribes, or any State Govt. run Organization/Societies recommended by District Collector engaged for a period of five years in viable and useful research activity which has made or is likely to make, significant contribution in formulation of standard mark of the products of mass consumption or the State Government, and includes a Consumer for the purpose of reimbursing legal expenses as refe1Ted to in item (d) of rule 8 of these rules. (b) 'Application' means an application in Form A appended to these rules. (c) 'State Consumer Protection Council' 1neans the State Consu1ner Protection Council, established under sub-section (1) of section 4 of the Consumer Protection Act. 1986 (68 of 1986), and Bihar Consumer Protection rule 1987, (amended Time to time) for promotion and protection of rights of consumers; d) 'Committee' n1eans the Committee constituted in pursuance of ~ these rules; · . ~ (e) 'Consumer' has the same meaning as assigned to it in clause (d) of sub-section (1) of section 2 of the Consumer Protection Act, 1986 (68 of 1986), and includes consumer of goods on which duty has­ been paid; (t) Consumer Welfare Fund' means Bihar Consumer Welfare Fund, 2011. (g) 'Government' means, the Government of Bihar. (h) ' Welfare of the Consumer' Includes promotion and protection of rights of consumers; 3. Corpus of the Fund: (i) The Corpus of the Fund shall consist of the funds or grants made available by the Government and any grant or seed money provided by the Central Government. (ii) The fund will be credited in a separate interest bearing bank account. Such interest could be utilized for financing State/Local level programmes. 4. Maintenance of accounts and records of Consumer Welfare Fund: Proper and separate accounts in relation to the Bihar Consumer Welfare Fund shall be maintained by the Government and shall be subject to audit by the Accountant General (Audit) Bihar. 5. Constitution of the Committee: (i) The Committee shall consist of the following members, namely (a) The Principal Secretary, Food and Consumer Protection, Deptt. shall be the Chairman of the Committee. (b) The Secreta1y (Expenditure), Department of Finance or his nominee shall be the Vice-chairman. (c) The Secretary, Panchaytee Raj Deptt. or his nominee-Member. (d) The Secretary, Rural Works Deptt. or his nominee­ Member. (e) Director Seconda1y Education, Human Resource Deptt. or his nominee-Member. (t) The Additional Secreta1y, Food and Consumer Protection Deptt. - lVIember. (g) Director, Public Relation Deptt. or his nominee­ Member. (h) The Joint Secretary/nominee of the Deptt. of Consumer Affairs, Govt. of India, New Delhi. ~ 4 (i) Three representatives nominated by the Govt. form among reputed voluntary consumer Organizations having legal status and good track record in the field of Consumer protection and also by putting up special efforts on impo1iant consumer cases in the three-tier system of Consumer Disputes redressal Agencies-Member. G) Director, Consumer Protection, Food and Consumer Protection Deptt. - Member Secretary. (2) The Committee shall be a standing Committee. (3) The Committee constituted in pursuance of these rules may make recommendations fo1· proper utilization of the money credited to the State Consumer Welfare Fund for the welfare of the consumers to carry out the purposes stated in this order. · 6. Procedure for conduct ofbusiness*: (i) The Committee shall meet as and when necessary, but not more than six months shall intervene between any hvo meetings. (ii) The Co1nmittee shall meet at such time and place as the Chairman, or in his absence the Vice - Chairman of the Committee may deem fit. · (iii) The meeting of the committee shall be presided over by the Chairman, and in the absence of the Chairman, the Vice - Chairman, shall preside over the meetings of the committee. (iv) Each meeting of the Committee shall be called, by giving notice in writing to every member of not less than ten days from the date of issue of such notice (v) Every notice of the meeting of the committee shall specify the place and the day and hour of the meeting and shall contain statement of business to be transacted thereat. . (vi) No proceeding of the Committee shall be valid, unless it is presided over by the Chairman or Vice - Chairman and a minimum of three other members are present. 7. Powers and Functions of the Committee: (1) The committee shall have power: (a) To require any applicant to execute an agreement prescribed by the Committee for the grant and utilization of fund and recovery of the same as per rules, in case of default or violation of condition of the agreement. (b) to require any applicant to produce before it, or a duly authorized officer of the government, such books, accounts, documents, 5 inslTuments or com1nodities in custody and control of the applicant, as may be necessary for proper evaluation of the application. © To require any applicant to allow entry and inspection of any . pre1nises from ,,vhich activities claitned to be for the welfare of consumer, are stated to be carried on, by a duly authorized officer of the government. (d) To get the accounts audited, for ensuring proper utilization of the grant. (e) To require any applicant, in the case of any default of the tenns of grants, or suppression of material information on his pa1t, to refund in lump sum, the sanctioned grant to the Deptt. (f) To recover any sum due from any applicant in accordance with the provisions of the Revenue Recovery rules. (g) To require any applicant, or class of applicants to submit periodical report indicating proper utilization of the grant. (h) To reject an application placed before it on the basis of in.volvement of factual inconsistency, or inaccuracy in the material particulars; (i) To rec01nmend minimu1n financial assistance, by way of grant to an applicant, having regard to his financial status, and importance and utility of nature of activity under pursuit, after ensuring that the financial assistance provided shall not be miss-utilized ; G) To request State Consumer Protection Council to formulate broad guidelines for considering the projects/proposals for the pui'pose of incurring expenditure from the Consumer vVelfare Fund; (k) To make guidelines for 1nanagement and administration of Consumer Welfare Fund; (2) The Com1nittee shall not consider an application, unless it has inquired into, in material details and recommended for consideration accordingly, by the Me1nber Secretary, However the Me1nber Secretaiy shall not reject any application without approval of the Co1nmittee. 8. Specification of Purposes for utilization of Credits available in Consumer Welfare Fund: The overall manage1nent of the Fund shall be vested in the Committee and they shall make recommendalions for sanction of funds for: (a) Ivlaking available grants to any applicant as per the provisions of these rules. (b) Such other activities as 1nay be considered necessa1y for pro1notion and protection of consmner interests in the State. 0 (c) For making available grants, on a selective basis for reimbursing legal expenses incurred by a complainant, or class of complainants in a consumer dispute, after its final . adjudication ; By the Order of the Governor, ~ "7 lob [ 'l-0 11 (Tripurari Sharan) Principal Secretary. FORM-A (Sec R,,lc 2) Important: Please fill up this · fonn, furnishing correct details sought for based on ve1ifiable true Sttate of affairs without causing suppression of any material information which, if resorted to, shall entail prosecution under the Act. 1. Name and Full Postal Address of the· applicant: 2·. Status of the applicant under: 3. Date of establishment : 4. Whether registered under the : Societies Registration Act, 1860 (21 of 1860) or any other relevant Act 5 . . If yes, number and year of : Registration (Attested copy of Registratioi1 ce1tificate to be Enclosed) 6. Whether the organization is of : National/State/District. 7. Number of managing Committee: rrie1nbers together with list of na1nes, addresses and occupation · of the office bearers 8. Brief details of the organi- : sations, objectives and activities during the last three years 9. Purpose for which the amount : is required (Please state the details of the project and its proposed ilnplementation) 10. Amount of gn;i.nt required - ite1n : ,-vise details under non - recurring recurring to be enclosed 11. Tiine schedule of the activities : arranged 12. The total amount incurred/ : invested by the applicant, or likely to be incurred by the applicant . . ::·. ' ' · 13. Sources of fundilig of balance : a;nount v.,hether the oganisation is getting financial assistance from any other official/ non-official source. If yes, give details • 14. Details of prosecution, if any in : fl I' . I !!, ' ! '-~ a court of law launched against the applicant, during the last five years 15. Copies of the follo,.,,ing docu1nents : (duly attested) to be attached ... (i) Constitution of the organisation and articles / Memorandum of theAssociation (ii) Annual Report of the organizations for last three years (Please f11rnish separate Annual Reports for each year) (iii) Annual Audit statement of accounts for each of the last 3 years duly signed by Chartered Accountant. These State1nents must bear the registration number.and official seal or sta1rnp of the Chartered Accou11tant. 16. Details of previous grants, if any, . taken from State/Central Govt. DECLARATION · (To be signed by the applicant or its authorized agent) The particulars heretofore given, are true and correct. Nothing material has been suppressed. It is certified that I/ \.Ve have read the guidelines , terms and conditions . w . governing the scheril e .and unde1take to abide by the1n on fl \ /' X:. ){ ~ . . '--- B behalf of. our organisation/ institution. The financial assistance, if provided, shall be put to the declared use, for promotion and protection of rights of consun1ers or foi·­ standard n1arks. (Strike out vvhichever is.inapplicable). Dated: Station: To Director-Cu1n-Member Secretary, Food & Consmner Protection Deptt., Old Secretariat, Patna - 800 015. APPLICANT Please note that an Affidavit prescribed below is also be to enclosed with the Application in Form A-1 for financial assistance from Consumer Welfare Fund. (To be typed on non-judicial stamp paper of Rs.10/- and duly attested by a Notary Public) AFFIDAVIT I, S/olD/o lW/o resident of · and presently ,-vorking as President/Secretary of lYI/s do hereby sole1nnly declare and affirn1 as under: that M/s (na1ne and full address of the organization) have received the follovring • grants-in-aid fro1n 1Ylinistries/Depa1t·ments/ organizations during the last three ' VP.rt rs:- • • ' · ~ \.., l!ZI \ Name of funding Amount Purpose I Year ID□□□ Ministry/organization of gra·nt of grant · .letter No. received · and date .. . .•.. ··-···· .. - ... . .. ... - -~ . . - .. ... .. .... l Sanction • - · . . • • + • ' ,. ·- .......... ... . . ~ . , .•n• ••••-•"'- •"'- " ... '- - •~•-d•••""•--'- -••• Depo•nent . Verification: Verified that the above information is complete and true to th.e best of ·my knowledge and belief and nothing has been concealed there from. I also accept that if the information furnished hereby is found to be incomplete or incorrect, the grant from Consumer Welfare Fund may be cancelled. Verified this the day of · in the year Two Thousand and . Witnesses: 1. 2. FOR CENTRAL/STATE DEPARTMENTS/ BODIES FORM A-1 GOVERNMENT/ 1. Name, description and full postal address of the Applicant ; 2. Purpose for which the amount is required : 3. Amount of grant required . 4. Time Schedule.of the activities arranged • 5. Details of previous grants, if any ~ taken from the Consumer-Welfare Fund/ · Dept!. of Consumer Affairs Dated :. Place: To, Director-cum- Member Secretary, Food & Consumer P.rotection DeptJ., Old Secretariat , Patna - 800 015 . . l'.J Signature of Applicant Consumer Welfare Fund Guidelines 2011 Govt. of Bihar Food and Consumer Protection Deptt. Guidelines for seeking financial assistance from Consumer Welfare Fund. • Objective The overall objective of the Consumer Welfare Fund is to provide financial assistance for promoting and protecting the welfare of the consumers by strengthening the Voluntary Consumer organisations in the State, particularly in the rural areas. • Procedure of applying for financial assistance The applicant, who is desirous to seek financial assistance from the Consumer Welfare Fund, is required to apply in the prescribed Performa (Form -A) provided in the Rules governing State Consumer Welfare Fund, 2011. The application should be addressed to Director-Cum-Member Secretary, Food and Consumer protection Deptt. Old Secretariat, Patna-800 015. · The applicant sh.ould furnish annual reports and audited statements of accounts for the last 3 years, separately for each year, list of members and other information as required under the Consumer Welfare Fund Rules. He will be required to furnish photocopies of all documents attached with application duly attested by a gazetted officer of the State Government. The audited accounts statements of the Organization must bear the registration number and official seal / stamp of the Chartered Accountant. The application should be submitted to the Director-Cum­ Member Secretary after vetting and scrutinizing by the concerned District Collector. 3. The financial assistance will be provided mainly for the following purposes: • Production and distribution of literature and audio-visual material for spreading consumer literacy and awareness building programmes for consumer education. • Setting up facilities for t raining and research in Consumer education and related matters on national / regional basis; • Building up infrastructural facilities for organizing consumer education activities on a permanent basis at the District/ Sub­ Division level; • For purposes indicated in Rules of the Consumer Welfare Fund Rules 2011. • • Apart from above any project postulated by the Standing Committee as capable of tackling the pressing social problems of 2 different consumer organisat ions for protecting consumer rig hts and welfare of the consumers. Components eligible for assistance : • The fol lowing items may also quality for assistance: • Charges for delivery of services; • Other charges as may be considered necessary by t he Stand ing Committee for the proper running of the programme / proj ect. Note: Payment of salaries of staff on recurring basis will not be considered as a general rule but appointment of some trained/ professional staff as an integral part of the project may be considered in deserving cases for a limited period. However, such expenditure should not exceed 15 0/o of the total project cost and may be considered depending on the nature of the project. The expenses for monitoring the project should meet from the Fund. 4. Procedure for vetting of application form by the District Collector. The District Collector shall examine the petition of an organisation on fol lowing facts before recommending/forwarding it: 1. Rules/bye-laws of the organisation. 2. Annual report. 3. Audit report for last three years submitted by organisation. 4. Current and future annual work plan of the organisation. 5. The specific reasons as to by the petit ion his being forwarded/recommended. I II III 3 5. Eligibility The following are eligible for assistance: 1. Any agency / organization engaged in the Consumer Welfare Activities voluntarily for a period of three years and registered under the Companies Act. 1956 (1 of 1956) or under any law for the time being in force. 2. Village/ Panchayat/ Municipal/ Corporation level co-operatives of consumers especially of women, scheduled castes and scheduled tribes, who has been working in the field of Consumer Protection for a period of three years. 3. Any industry as defined in the Industrial Disputes Act, 1947 (14 of 1947) which has been engaged in viable and usefui research activities for a period of 5 years which has made, or is likely to make, significant contribution in formulation of standard mark of the products of mass consumption. 6.Extent of Assistance The total quantum of assistance on an individual application will not exceed Rs. 5 lakhs. Assistance will be limited to 90% of the approved cost. The quantum of assistance will be decided by Committee constituted under the Consumer Welfare Fund Rules 2011. Preference will be given to organizations having an all India character and those working in ru ral areas and having larger participation of women. 7. Terms and Conditions 1. The Fund cannot be used for propaganda of any political party. 2. Quarterly reports of the progress/ implementation of the project should be submitted to the Director-Cum-Member Secretary. 3. The Organization shall maintain a record of all assets acquired wholly or partly with the assistance form consumer welfare fund. Such assets cannot be utilized for the purpose other than that specified at the time of grant of such assistance and such asset cannot be disposed off/mortgaged without the prior approval of the Govt. 4. The Chairman of the N.G.O which receives such assistance must monitor the implementation of the project and submit a report to the Director-cum-Merober Secretary. Principal Secretary.