THE CONSUMERS’ RIGHT PROTECTION ACT. 2009, PART 2

Chapter II

Establishment of Council, etc.

  1. Establishment of Council.—For carrying out the purposes of this Act, there shall be a Council to be called the National Consumers’ Right Protection Council, which shall consist of the following members, namely :—
  • the Minister in charge of the Ministry of Commerce, who shall also be its Chairman;
  • the Secretary of the Ministry of Commerce, ex officio;
  • the Director General of the National Security Intelligence Department, ex officio;
  • the Director General of the Bangladesh Standard and Testing Institution, ex officio;
  • an officer from the Ministry of Industries, not below the rank of the Joint Secretary;
  • an officer from the Ministry of Agriculture, not below the rank of the Joint Secretary;
  • an officer from the Ministry of Fisheries and Livestock, not below the rank of the Joint Secretary;
  • an officer from the Ministry of Food and Disaster Management, not below the rank of the Joint Secretary;
  • an officer from the Ministry of Home, not below the rank of the Joint Secretary;
  • an officer from the Energy and Mineral Resources Division, not below the rank of the Joint Secretary;
  • an officer from the Ministry of Law, Justice and Parliamentary Affairs, not below the rank of the Joint Secretary;
  • the Chairperson of the National Women Organization, ex officio;
  • an officer of the rank of the Additional Inspector General of Police;
  • the President of the Federation of Bangladesh Chamber of Commerce and Industries, ex officio;
  • the President of the Association of Pharmaceutical Industries, ex officio;
  • the President of the Consumers Association of Bangladesh, ex officio;
  • the President of the National Press Club, ex officio;
  • the Director of the Directorate of Drug Administration, ex officio;
  • three eminent citizens nominated by the Government;
  • not less than four members including two women members, nominated by the Government, who are experienced in market economics, commerce, industries and public administration;
  • one teacher representative nominated by the Government;
  • one labour representative nominated by the Government;
  • one farmer representative nominated by the Government; and
  • the Director General, who shall also be its Secretary.
  1. Tenure of membership.—(1) Subject to the provision of sub-section (2), the tenure of any nominated member of the Council shall be two years and six months from the date of his nomination.
  • Notwithstanding the provision of sub-section (1), the nominating authority may at any time cancel any nomination made by it and may nominate any competent person afresh.
  1. Meeting of the Council.—(1) Subject to the other provisions of this section, the Council may determine the procedure of its meeting.
  • The meetings of the Council shall be held at such time and place as may be determined by the Chairman.
  • At least one meeting of the Council shall be held in every 2 (two) months.
  • The Chairman shall preside over all meetings of the Council.
  • In absence of the Chairman, the Secretary of the Ministry of Commerce shall preside over the meeting.
  • To constitute a quorum at the meeting of the Council, not less than 10 (ten) members shall be present.
  • The decision of a meeting of the Council shall be taken by the majority votes of members present in the meeting and in case of equality of votes, the person presiding shall have a casting vote.
  • No act or proceeding of the Council shall be invalid and be called in question merely on the ground of the vacancy in, or defect in the constitution of, the Council.
  1. Functions of the Council.—The functions of the Council shall be as follows :—
  • to formulate policy on the protection of the rights of the consumers for the purposes of this Act, and to give directions to the Director General and the District Committee to implement the policy;
  • to make necessary regulations for the purposes of this Act;
  • to consider and give opinion on any matter referred by the Government regarding the protection of the rights of the consumers;
  • to advise and cooperate with the Government in making necessary laws and administrative directions with a view to protecting and promoting the rights of the consumers;
  • to undertake necessary educational and promotional campaign to create public awareness regarding the rights of the consumers;
  • to take necessary steps to create public awareness regarding the usefulness of protecting the rights of the consumers and bad impact of anti-consumer right practices;
  • to conduct research on the rights of the consumers;
  • to observe and monitor the activities of the Directorate, the Director General and the District Committees; and
  • to take any necessary step for performing the aforesaid responsibilities and duties.
  1. Fund of the Council.—(1) The Council shall have its own fund for performing its functions and money collected from the following sources shall be deposited to this fund, namely :—
  • grants made by the Government;
  • grants made by any foreign Government, institution or international organization with the approval of the Government;
  • grants made by any local authority;
  • profit derived from capital investment of the Council; and
  • money collected from any other legal sources.
  • The fund of the Council or any part thereof may be invested in any sector approved by the Government.
  • The money collected in the fund shall be deposited in the name of the Council in any scheduled bank approved by it.
  • The fund shall be maintained and its money shall be spent in such manner as may be prescribed by regulations.
  1. Constitution of the District Consumers’ Right Protection Committee.—(1) For carrying out the purposes of this Act, in every district there shall be a District Committee to be called the District Consumers’ Right Protection Committee which shall consist of the following members, namely :—
  • the Deputy Commissioner, who shall be its Chairman, ex-officio;
  • Chairman of the District Chamber of Commerce and Industries, ex-officio;
  • one representative nominated by any organization regarding consumers’ right recognized by the Government;
  • the Civil Surgeon, ex-officio;
  • the Superintendent of Police, ex-officio;
  • one representative nominated by the Mayor of any Municipality or City Corporation, as the case may be;
  • four representatives nominated by the Government, who shall have experience in market economics, commerce, industries and public administration;
  • one officer nominated by the Deputy Commissioner from his office, not below the rank of an Assistant Commissioner, who shall also be its Secretary.
  • The nominated members of the District Committee shall hold office for two years and six months from the date of their nomination :

Provided that the nominating authority may, at any time, cancel any nomination made by it and may nominate an eligible person afresh.

  1. Duties and functions of the District Committees.—The duties and functions of a District Committee shall be as follows :—
  • to comply with the directions of the Council, if any, regarding the protection of the rights of the consumers;
  • to provide with necessary cooperation to the Council in performing its functions for the purposes of this Act.
  • to arrange necessary promotional activities, meetings, seminars and workshops for creating public awareness regarding the protection of the rights of the consumers;
  • to supervise and monitor the functions of the organizations, including the wholesale and retail business organizations, which manufacture and sell various goods for consumers;
  • to perform any other functions entrusted to it by the Council; and
  • to do any other necessary acts ancillary to the aforesaid functions.
  1. Meetings of the District Committee.—(1) Subject to the other provisions of this section, the District Committee may determine the procedure of its meeting.
  • The meetings of the District Committee shall be held at such time and place as may be determined by its Chairman :

Provided that at least one meeting of the District Committee shall be held in every month.

  • The Chairman of the District Committee shall preside over all meetings of the Committee.
  • To constitute a quorum at the meeting of the Committee, not less than 5 (five) members shall be present.
  • No act or proceeding of the District Committee shall be invalid and be called in question merely on the ground of the vacancy in, or defect in the constitution of, the Committee.
  1. Upazila Committee, Union Committee etc.—(1) For carrying out the purposes of this Act, the Directorate may, if necessary, constitute a Upazila Committee to be called the Upazila Consumers’ Right Protection Committee in every Upazila, and a Union Committee to be called the Union Consumers’ Right Protection Committee in every Union.

(2) Of every Upazila Committee and Union Committee under sub­section (1)—

  • the provisions relating to number of members, nomination of members, qualifications, removal and resignation; and
  • responsibilities, functions and procedure of the meetings; shall be determined by regulations.
  1. Fund of the District Committee, etc.—(1) Each District Committee, Upazila Committee and Union Committee shall have an individual fund.
  • Maintenance of the fund of the District Committee, Upazila Committee and Union Committee, expenditure from the funds and other matters connected therewith shall be determined by regulations.
  • The costs of cases, laboratory tests including other necessary expenses of the District Committee under this Act shall be met from the fund of District Committee, Upazila Committee or Union Committee, as the case may be, in the manner prescribed by regulations.
  1. —The Council shall, by such date in each year as the Government may determine, submit to the Government for approval an annual budget, in such form as the Government may specify, for the next financial year showing the estimated sums which are likely to be required from the Government during that financial year for the Council including the District Committees, Upazila Committees and Union Committees.
  2. Accounts and Audit.—(1) The Council shall properly maintain the accounts of its fund and prepare an annual statement of the accounts.
  • The Comptroller and Auditor General of Bangladesh, hereinafter referred to as the Auditor General, or any other person authorized by him in this behalf shall audit the accounts of the fund of the Council every year and submit one copy of his audit report to the Government and the Council.
  • For conducting audit under sub-section (2), the Auditor General or any other person authorized by him in this behalf, shall have access to all records, documents and papers, cash or deposit kept in bank, security, stock and other properties of the Council and may examine any member of the Council, the Director General and any officer or employee of the Council.
  1. Annual report.—The Council shall submit an annual report containing the details of its functions to the Government within June 30 of every year for the last one year ending on December 31 and the Government shall, as soon as possible, take steps to submit the report to the Parliament.

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