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The National Commission shall consist of-
(a) a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government, who shall be its President:
1[Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of India;]
2[(b) not less than four, and not more than such number of members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely:-
(i) be not less than thirty-five years of age;
(ii) possess a bachelor's degree from a recognised university; and
(iii) be persons of ability, integrity and standing and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration:
Provided that not more than fifty per cent, of the members shall be from amongst the persons having a judicial background.
Explanation.--For the purposes of this clause, the expression "persons having judicial background" shall mean persons having knowledge and experience for at least a period of ten years as a presiding officer at the district level court or any tribunal at equivalent level:
Provided further that a person shall be disqualified for appointment, if he-
(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or
(e) has, in the opinion of the Central Government, such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member; or
(f) has such other disqualifications as may be prescribed by the Centrij Government:
Provided also that every appointment under this clause shall be made by I. Central Government on the recommendation of a Selection Committee consisting the following, namely:-
(a) a person who is a Judge of the Supreme Court, to be nominated by the Chief Justice of India Chairman:
(b) the Secretary in the Department of Legal Affairs in the Government of India Member;
(c) Secretary of the Department dealing with consumer affairs in the Government of India Member;]
3[[(1A) (i) The jurisdiction, powers and authority of the National Commission may be exercised by Benches thereof.
(ii) A Bench may be constituted by the President with one or more members as the President may deem fit.
(iii) If the members of a Bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the President who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more or the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it.]
1. Ins. by Act 50 of 1993, sec. 16 {w. r. e. f. 18-6-2024).
2. Subs, by Act 62 of 2002, sec. 18, for clause "(b) four other members who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman:
Provided that every appointment under this clause shall be made by the Central Government on the recommendation of a selection committee consisting of the following, namely :-
(a) a person who is a Judge of the Supreme Court, to be nominated by the Chief Justice of India - Chairman.
(b) the Secretary in the Department of Legal Affairs in the Government of India - Member.
(c) Secretary of the Department dealing with consumer affairs in the Government of India -Member."
(w.e.f. 15-3-2024).
3. Ins. by Act 62 of 2002, Sec. 18 ( w. e. f. 15-3-2024).
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