Rules 7 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 7 to 10 deal with the end of a Commission member's tenure: how a President or member resigns, the five grounds on which the State Government must remove one, how a charge of misbehaviour or incapacity is inquired into, and how long the term is. Rule 10 was substituted in 2022 and now sets a four-year term with different age caps for the President of a State Commission and for everyone else.
The instrument is the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020 (G.S.R. 452(E) of 15 July 2020), called the Qualification Rules here. This article takes them as amended up to G.S.R. 681(E) dated 21 September 2023. G.S.R. 704(E) of 15 September 2022 substituted rule 10. Later amendments should be checked on the Department of Consumer Affairs website. The appointment rules have been the subject of litigation; check the current position before relying on them.
A President or member resigns in writing to the State Government and normally continues for three months or until a successor enters office, whichever is earliest. The State Government shall remove a person who is insolvent, convicted of moral turpitude, incapable, has a prejudicial interest or has abused his position. A misbehaviour inquiry is done by the National Commission (State Commission members) or the State Commission (District Commission members) within three months or more time as specified. The term is four years or up to sixty-seven years for a State Commission President and four years or up to sixty-five years for others, with reappointment for another four years.
Members, State Departments and advisers dealing with a resignation, charge or reappointment can ask for legal consultation before taking a step that cannot be undone.
Rule 7: resignation
The President or any member may, "by writing under his hand addressed to the State Government, resign his office at any time". The proviso adds that unless the State Government permits him to relinquish office sooner, he continues to hold office until the earliest of three events:
- expiry of three months from the date of receipt of the notice;
- a person duly appointed as successor entering upon his office; or
- expiry of his term of office.
So a notice does not end the office on the day it is sent. An invented example: Justice Asha Menon, President of a State Commission, sends her resignation on 1 March. She stays in office until the earliest of three months from receipt, a successor joining or the end of her term, unless the State Government lets her go earlier.
Rule 8: removal
The five grounds: rule 8(1)
The State Government "shall remove from office" any President or member who:
| Clause | Ground |
|---|---|
| (a) | Has been adjudged an insolvent |
| (b) | Has been convicted of an offence which involves moral turpitude |
| (c) | Has become physically or mentally incapable of acting as such member |
| (d) | Has acquired such financial or other interest as is likely to affect prejudicially his functions as a member |
| (e) | Has so abused his position as to render his continuance in office prejudicial to public interest |
The word is "shall", so removal on these grounds is not a matter of discretion once a ground is established. The proviso adds a safeguard: for clauses (c) to (e), the President or member must be informed of the charges and given an opportunity of being heard on those charges. Clauses (a) and (b) have no such proviso.
Rule 9: inquiry into misbehaviour or incapacity
Rule 9 sets out a process when a written complaint alleges a definite charge.
- 9(1): if a written complaint alleging any definite charge of misbehaviour or incapacity to perform the functions of the office is received by the State Government, it makes a preliminary scrutiny.
- 9(2): if it is of the opinion that there are reasonable grounds for an inquiry into the truth of any misbehaviour or incapacity, it makes a reference to the National Commission in the case of the State Commission and to the State Commission in the case of the District Commission to conduct the inquiry.
- 9(3): the National Commission or State Commission completes the inquiry within three months or such further time as the National Commission specifies.
- 9(4): after the inquiry it submits its report to the State Government, stating its findings and reasons on each charge separately, with such observations on the whole case as it thinks fit.
- 9(5): it is not bound by the Code of Civil Procedure, 1908, is guided by the principles of natural justice and has power to regulate its own procedure, including fixing the date, place and time of its inquiry.
The inquiry body only reports. The State Government takes the decision on the report, and removal on the grounds in rule 8 follows the rule's own conditions. The separate route in regulation 6 of the Administrative Control Regulations, where the National Commission's President or the State Commission's President may recommend administrative action on a complaint, is explained in the article on those regulations.
Rule 10: term of office as substituted in 2022
G.S.R. 704(E) of 15 September 2022 substituted rule 10. It replaced the earlier text, which is not described here. The rule now has two sub-rules.
| Who | Term | Age limit | Reappointment | |
|---|---|---|---|---|
| 10(1) | President of the State Commission | Four years or up to the age of sixty-seven years, whichever is earlier | Sixty-seven years | Eligible for another term of four years, subject to the age limit of sixty-seven years, on the recommendation of the Selection Committee |
| 10(2) | Every member of the State Commission, and the President and every member of the District Commission | Four years or up to the age of sixty-five years, whichever is earlier | Sixty-five years | Eligible for another term of four years, subject to the age limit of sixty-five years, on the recommendation of the Selection Committee |
Three points follow. The term ends at four years or at the age limit, whichever is earlier. Reappointment is possible once for "another term of four years", and it is not automatic: it is made on the Selection Committee's recommendation, the committee described in the article on rules 5 and 6. And the higher age limit applies only to the President of a State Commission.
An invented example: Dr Ravi Kumar is appointed member of a State Commission at sixty-three. His term runs four years or until sixty-five, whichever is earlier, so he serves until sixty-five. If he is appointed at fifty-eight, his term is four years, and he may be reappointed for another four years subject to the sixty-five limit.
Related provisions
The Act's own provisions on the tenure and salaries of District and State Commission members are in the articles on sections 29 to 33 and sections 42 to 46. Pay and conditions of service are in the Model Rules, explained in the article on the Salary Model Rules. Qualifications are in the article on rules 1 to 4.
Need help with a removal, inquiry or tenure question?
Resignation notice periods, hearing rights and inquiry timelines all turn on exact wording. Our legal consultation team can examine the facts and the rules as amended and explain what each side can do.
Key takeaways
- Resignation is in writing to the State Government; the member generally stays until the earliest of three months, a successor or the end of the term.
- The State Government shall remove on five grounds; a hearing on the charges is required for grounds (c) to (e).
- Misbehaviour inquiries go to the National Commission for State Commission members and the State Commission for District Commission members, to be completed within three months or further time specified.
- Term: four years or up to sixty-seven (State President) or sixty-five (others), whichever is earlier.
- Reappointment for another four years is on the Selection Committee's recommendation.
- Check the current position: the appointment rules have been the subject of litigation.
Read next
- Rules 5 and 6: disqualification, selection committee and written test
- Rules 1–4: qualifications for State and District Commissions
- Administrative Control Regulations 2020: Regulations 1–8
- Sections 42–46: State Commission, establishment, members and staff
Disclaimer: Based on the rules, regulations and guidelines named above as published in the Gazette of India or on the CCPA website, with the amending notifications the article names (consulted on 3 October 2026). Later amendments, the Consumer Protection Act, 2019 provisions referred to, State rules and CCPA advisories should be checked. This article is general information, not legal advice; check the official text before acting.