CCPA Establishes Procedure for Engaging Experts and Professionals

The Central Consumer Protection Authority (CCPA) has issued new regulations, titled the Central Consumer Protection Authority (Procedure for Engagement of Experts and Professionals) Regulations, 2021. These regulations, published in the Official Gazette on October 27, 2021, came into force on the date of their publication. They were enacted by the Central Consumer Protection Authority, with the prior approval of the Central Government, by exercising powers conferred under clause (3) of section 13 read with clause (a) of sub-section (2) of section 104 of the Consumer Protection Act, 2019 (35 of 2019). The regulations establish a structured framework for the engagement of external expertise to support the Authority's functions.

Under these regulations, the Central Authority is empowered to engage experts and professionals across a broad spectrum of disciplines. These fields include consumer rights and welfare, consumer policy, law, medicine, food safety, health, engineering, product safety, commerce, economics, public affairs, and administration, or any other area deemed relevant to consumer protection. Such engaged individuals are tasked with discharging functions assigned by the Chief Commissioner to assist the Central Authority. The regulations classify experts and professionals into two levels based on their qualifications and experience, as detailed in Schedule I and Schedule II, respectively. Schedule I specifies essential and desirable qualifications and experience for fields such as Law, Information Technology, Medical, Science, Economics, and Business Management. Remuneration for these experts and professionals is also prescribed in Schedule II, with Level I positions offering a monthly remuneration of ₹50,000 and Level II positions offering ₹70,000, both with a 10 percent annual increase.

The procedure for selection mandates that experts and professionals shall ordinarily be engaged on a contractual basis for a period ranging from not less than six months to not more than three years. The Central Authority is required to publish details of the positions, including qualifications, experience, and remuneration, on its official website and through public notices, inviting applications. A selection board, comprising eminent experts, is to be constituted to scrutinize applications, prepare lists of eligible candidates, and conduct interviews. Following the selection board's recommendations and approval by the Central Authority, selected candidates receive an offer letter and subsequently a letter of engagement, with provisions for joining time and potential extensions under specific circumstances. Performance of engaged experts and professionals is subject to a review every six months by the Central Authority. Furthermore, the regulations include provisions for confidentiality clauses in contracts and stipulate that any breach of terms and conditions may lead to termination of engagement and debarment from future opportunities. The Central Authority also retains the power to relax any provisions of these regulations, with recorded reasons, and its decision is final in matters of interpretation.

The legislative intent behind these regulations is to bolster the operational capacity of the Central Consumer Protection Authority by enabling it to access specialized knowledge and skills that are critical for effective consumer protection in a rapidly evolving market. The Consumer Protection Act, 2019, established the CCPA with a mandate to protect, promote, and enforce the rights of consumers as a class. To fulfill this mandate, particularly in complex areas such as product liability, unfair trade practices in e-commerce, and misleading advertisements, the Authority requires diverse expertise beyond its internal resources. These regulations address the statutory gaps by formalizing the process of bringing in external specialists. The legislation provided: “The Central Authority may decide on the number of experts and professionals to be engaged and accordingly engage such persons in the fields of consumer rights and welfare, consumer policy, law, medicine, food safety, health, engineering, product safety, commerce, economics, public affairs, administration or such other disciplines related to consumer protection, as it may deem fit.” This provision underscores the broad scope of expertise deemed necessary for the Authority's multifaceted functions. By setting clear qualifications, experience criteria, and a transparent selection process, the regulations aim to ensure that the CCPA can recruit highly competent individuals. This structured approach also outlines the terms of engagement, remuneration, and performance evaluation, thereby ensuring accountability and efficiency in leveraging external expertise to strengthen consumer protection mechanisms across the country.

Keywords: Central Consumer Protection Authority, CCPA, Experts, Professionals, Regulations, Consumer Protection Act 2019, Engagement Procedure, India, Consumer Rights, Public Notice

Geo Tags: India, Delhi District: Not Applicable