Rule
97. Consumer Welfare Fund.-
(1)
All amounts of duty/central tax / integrated tax / Union territory tax / cess
and income from investment along with other monies specified in subsection (2)
of section 12C of the Central Excise Act, 1944 (1 of 1944), section 57 of the
Central Goods and Services Tax Act, 2017 (12 of 2017) read with section 20 of
the Integrated Goods and Services Tax Act, 2017 (13 of 2017), section 21 of the
Union Territory Goods and Services Tax Act, 2017 (14 of 2017) and section 12 of
the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017)
shall be credited to the Fund:
Provided
that an amount equivalent to fifty per cent. of the amount of integrated tax
determined under sub-section (5) of section 54 of the Central Goods and
Services Tax Act, 2017, read with section 20 of the Integrated Goods and
Services Tax Act, 2017, shall be deposited in the Fund:
2[Provided
further that an amount equivalent to fifty per cent. of the amount of cess
determined under sub-section (5) of section 54 read with section 11 of the
Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017), shall
be deposited in the Fund.]
(2)
Where any amount, having been credited to the Fund, is ordered or directed to
be paid to any claimant by the proper officer, appellate authority or court,
the same shall be paid from the Fund.
(3)
Accounts of the Fund maintained by the Central Government shall be subject to
audit by the Comptroller and Auditor General of India.
(4)
The Government shall, by an order, constitute a Standing Committee (hereinafter
referred to as the 'Committee') with a Chairman, a Vice-Chairman, a Member
Secretary and such other members a sit may deem fit and the Committee shall
make recommendations for proper utilisation of the money credited to the Fund
for welfare of the consumers.
(5)
(a) The Committee shall meet as and when necessary, generally four times in a
year;
(b)
the Committee shall meet at such time and place as the Chairman, or in his
absence, the Vice-Chairman of the Committee may deem fit;
(c)
the meeting of the Committee shall be presided over by the Chairman, or in his
absence, by the Vice-Chairman;
(d)
the meeting of the Committee shall be called, after giving at least ten days'
notice in writing to every member;
(e)
the notice of the meeting of the Committee shall specify the place, date and
hour of the meeting and shall contain statement of business to be transacted
thereat;
(f)
no proceeding of the Committee shall be valid, unless it is presided over by
the Chairman or Vice-Chairman and attended by a minimum of three other members.
(6)
The Committee shall have powers -
(a)
to require any applicant to get registered with any authority as the Central
Government may specify;
(b)
to require any applicant to produce before it, or before a duly authorised
officer of the Central Government or the State Government, as the case may be,
such books, accounts, documents, instruments, or commodities in custody and
control of the applicant, as may be necessary for proper evaluation of the
application;
(c)
to require any applicant to allow entry and inspection of any premises, from
which activities claimed to be for the welfare of consumers are stated to be
carried on, to a duly authorised officer of the Central Government or the State
Government, as the case may be;
(d)
to get the accounts of the applicants audited, for ensuring proper utilisation
of the grant;
(e)
to require any applicant, in case of any default, or suppression of material
information on his part, to refund in lump-sum along with accrued interest, the
sanctioned grant to the Committee, and to be subject to prosecution under the
Act;
(f)
to recover any sum due from any applicant in accordance with the provisions of
the Act;
(g)
to require any applicant, or class of applicants to submit a periodical report,
indicating proper utilisation of the grant;
(h)
to reject an application placed before it on account of factual inconsistency,
or inaccuracy in material particulars;
(i)
to recommend minimum financial assistance, by way of grant to an applicant,
having regard to his financial status, and importance and utility of the nature
of activity under pursuit, after ensuring that the financial assistance
provided shall not be misutilised ;
(j)
to identify beneficial and safe sectors, where investments out of Fund may be
made, and make recommendations, accordingly;
(k)
to relax the conditions required for the period of engagement in consumer
welfare activities of an applicant;
(l)
to make guidelines for the management, and administration of the Fund.
(7)
The Committee shall not consider an application, unless it has been inquired
into, in material details and recommended for consideration accordingly, by the
Member Secretary.
3[(7A)
The Committee shall make available to the Board 50 per cent. of the amount
credited to the Fund each year, for publicity or consumer awareness on Goods
and Services Tax, provided the availability of funds for consumer welfare
activities of the Department of Consumer Affairs is not less than twenty-five
crore rupees per annum.];
(8)
The Committee shall make recommendations:-
(a)
for making available grants to any applicant;
(b)
for investment of the money available in the Fund;
(c)for
making available grants (on selective basis) for reimbursing legal expenses
incurred by a complainant, or class of complainants in a consumer dispute,
after its final adjudication;
(d)
for making available grants for any other purpose recommended by the Central
Consumer Protection Council (as may be considered appropriate by the
Committee);
4[(e)
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Explanation.
- For the purposes of this rule,
(a)
'Act' means the Central Goods and Services Tax Act, 2017 (12 of2017), or the
Central Excise Act, 1944 (1 of 1944) as the case may be;
(b)
'applicant' means,
(i)
the Central Government or State Government;
(ii)
regulatory authorities or autonomous bodies constituted under an Act of
Parliament or the Legislature of a State or Union Territory;
(iii)
any agency or organization engaged in consumer welfare activities for a minimum
period of three years, registered under the Companies Act, 2013 (18 of 2013) or
under any other law for the time being in force;
(iv)
village or mandal or samiti or samiti level co-operatives of consumers
especially Women, Scheduled Castes and Scheduled Tribes;
(v)
an educational or research institution incorporated by an Act of Parliament or
the Legislature of a State or Union Territory in India or other educational
institutions established by an Act of Parliament or declared to be deemed as a
University under section 3 of the University Grants Commission Act, 1956 (3 of
1956) and which has consumers studies as part of its curriculum for a minimum
period of three years; and
(vi)
a complainant as defined under clause (b) of sub-section (1) of section 2 of
the Consumer Protection Act, 1986(68 of 1986), who applies for reimbursement of
legal expenses incurred by him in a case instituted by him in a consumer
dispute redressal agency.
(c)
'application' means an application in the form as specified by the Standing
Committee from time to time;
(d)
'Central Consumer Protection Council' means the Central Consumer Protection
Council, established under sub-section (1) of section 4 of the Consumer
Protection Act, 1986 (68 of 1986), for promotion and protection of rights of
consumers;
(e)
'Committee' means the Committee constituted under sub-rule (4);
(f)
'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 central tax has been paid;
(g)
'duty' means the duty paid under the Central Excise Act, 1944 (1 of 1944) or
the Customs Act, 1962 (52 of1962);
(h)
'Fund' means the Consumer Welfare Fund established by the Central Government
under sub-section (1) of section 12C of the Central Excise Act, 1944 (1 of
1944) and section 57 of the Central Goods and Services Tax Act, 2017 (12 of
2017);
(i)
'proper officer' means the officer having the power under the Act to make an
order that the whole or any part of the central tax is refundable.
