Section 102 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.
Section 102 gives each State Government the power to make rules, by notification, for carrying out the Act. A proviso lets the Central Government frame model rules that apply to a State until it makes its own, and State rules should conform to them as far as practicable. Sub-section (2) lists the heads on which State rules may provide, mostly about State and District Councils and Commissions. If you are looking for a State-level rule on members' pay, council meetings or authentication of goods, our legal consultation team can help you find the right source.
State Governments may, by notification, make rules for carrying out the provisions of the Act (102(1)). The Central Government may frame model rules on any matter on which a State may make rules; these apply to the State until it makes rules on that matter, and State rules so far as practicable, conform to them. Section 102(2) lists the heads from (a) to (q), including State and District Council membership and meetings, the number of members and terms of service of the District and State Commissions, the fifty per cent deposit for appeals to the State Commission, and information to the State Government.
Section 102(1): the power and the model-rules proviso
"The State Governments may, by notification, make rules for carrying out the provisions of this Act."
Proviso. "Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the State until the rules in respect of that matter is made by the State Government and while making any such rules, so far as is practicable, they shall conform to such model rules."
| Step | What the text says |
|---|---|
| Central Government frames model rules | On any or all of the matters in section 102 |
| Until the State acts | The model rules apply to the State |
| When the State makes its own rules | They replace the model rules on that matter |
| Content of State rules | So far as is practicable, they conform to the model rules |
The words "so far as is practicable" mean the duty to conform is not absolute. The text does not say who decides what is practicable. Also note "the rules in respect of that matter is made": the grammar is a slip for "are made", left as printed. Because of the proviso, the position in a State can be the model rules, the State's own rules or a mix by matter; the rules themselves are not in the Act.
Section 102(2): the heads
"In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—". The heads, grouped:
Persons and exemptions
| Clause | Head | Refers to |
|---|---|---|
| (a) | Other class or classes of persons including public utility entities | Section 2, clause (19) |
| (b) | Contest, lottery, game of chance or skill to be exempted | Section 2, clause (47)(iii)(b) |
State and District Councils
| Clause | Head | Refers to |
|---|---|---|
| (c) | Number of other official or non-official members of the State Council | Section 6(2)(b) |
| (d) | Time, place and procedure of State Council meetings | Section 6(4) |
| (e) | Number of other official and non-official members of the District Council | Section 8(2)(b) |
| (f) | Time, place and procedure of District Council meetings | Section 8(4) |
District Commission
| Clause | Head | Refers to |
|---|---|---|
| (g) | Number of members of the District Commission | Section 28(2)(b) |
| (h) | Salaries, allowances and terms of service of the President and members | Section 30 |
| (i) | Salaries, allowances and terms of service of officers and employees | Section 33(3) |
| (j) | Manner of authentication of goods sampled by the State Commission and the District Commission | Section 38(2)(c) |
| (k) | Manner of depositing fifty per cent of the amount before filing an appeal | Second proviso to section 41 |
State Commission
| Clause | Head | Refers to |
|---|---|---|
| (l) | Number of members of the State Commission | Section 42(3) |
| (m) | Salaries, allowances and terms of service of the President and members | Section 44 |
| (n) | Salaries, allowances and terms of service of officers and employees | Section 46(3) |
Information, mediation and the catch-all
| Clause | Head | Refers to |
|---|---|---|
| (o) | Form in which the State Commission furnishes information to the State Government | Section 70(5) |
| (p) | The persons in the consumer mediation cell | Section 74(3) |
| (q) | Any other matter which is to be, or may be, prescribed, or in respect of which provisions are to be, or may be, made by rules | Catch-all |
How this differs from the Central Government's heads
The Central Government's list in section 101 is longer (clauses (a) to (zj)). The two lists share heads (a) and (b) and the mediation cell head. The split follows the structure of the Act:
- Central Government rules deal with the Central Council, the Central Authority, the National Commission and the qualifications and appointment of the District and State Commissions' Presidents and members (clauses (n) and (w)).
- State Governments rules deal with the State and District Councils, the numbers of members of the District and State Commissions, and pay and service terms of their members and staff.
- Both may prescribe on persons including public utility entities and exempt contests; both have heads on the persons in the consumer mediation cell (clause (zf) of section 101 and clause (p) of section 102).
For the Central Government's list, see section 101 on the Central Government's power to make rules.
What State rules do not cover
- Money limits. The District Commission's money limit is for the Central Government to prescribe under section 101(2)(o). The State list has no equivalent head. This is why the pecuniary limits quoted in this series are checked against the Central rules. See pecuniary jurisdiction and which forum to approach.
- Qualifications and appointment. Section 101(2)(n) and (w) give the Central Government the rules on qualifications, recruitment, term, resignation and removal of the Presidents and members of the District and State Commissions. State rules in section 102 deal with their pay and terms of service and the number of members.
- Complaint fees. The fee for filing a complaint is a Central head, clause (q) of section 101(2).
Example. A State wants to fix the salary of its District Commission members. Under section 102(2)(h) the State rules may provide for it. If the Central Government has already framed model rules on that matter, they apply in that State until it makes its own, and its rules should conform to them as far as practicable.
Laying before the State Legislature
Section 105(2) provides that every rule made by a State Government under the Act shall be laid, as soon as may be after it is made, before the State Legislature. See sections 103–105.
What the text leaves out
- Which model rules exist or what they say; they are not in the Act.
- A time limit for States to make rules.
- What happens if State rules do not conform to model rules, beyond "so far as is practicable".
- Whether a State can make rules on a matter that is not in the list; the general power in 102(1) and the catch-all in clause (q) address this.
Need help finding a State rule?
State rules vary, and a model rule may apply in one State and a State rule in another. Our team can help you identify the source for your State and matter and apply it. Start with a legal consultation and tell us your State and the section you are working from.
Key takeaways
- State Governments make rules by notification for carrying out the Act (102(1)).
- The Central Government may frame model rules that apply until a State makes its own; State rules should conform as far as practicable.
- The heads (a) to (q) cover State and District Councils, the numbers and terms of service of District and State Commission members, staff, authentication of sampled goods, the appeal deposit and information to the State Government.
- Money limits and complaint fees are Central heads, not State heads.
- State rules are laid before the State Legislature.
Read next
- Section 101: the Central Government's power to make rules
- Sections 103–105: regulations by the National Commission and the CCPA
- Section 106: removal of difficulties
- Consumer Dispute Redressal Commissions: District, State, National
Disclaimer: Based on the Consumer Protection Act, 2019 as enacted, as consulted on 1 October 2026. Monetary limits, fees and procedure are set or revised by rules and regulations made under the Act and should be checked in their current form. This article is general information, not legal advice; check the official text before acting.