Sections 42-46 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.
Sections 42 to 46 set up the State Consumer Disputes Redressal Commission, the middle tier of the consumer forums. Section 42 establishes it, fixes its seat and allows regional benches, and gives its composition: a President and at least four members. Sections 43 and 44 leave qualifications and pay to rules, section 45 protects those already in office, and section 46 provides staff. If your matter may reach the State Commission, a legal consultation can help you plan for it.
The State Government establishes a State Consumer Disputes Redressal Commission, the State Commission, in the State, by notification (42(1)). It ordinarily sits at the State capital, and may sit elsewhere as notified; the State Government may establish regional benches (42(2)). It has a President and not less than four members, up to the number prescribed in consultation with the Central Government (42(3)). The Central Government makes rules on qualifications and appointment (43); the State Government on pay (44).
Sections 42 to 46 at a glance
| Section | Subject | Key point |
|---|---|---|
| 42(1) | Establishment | State Government, by notification, in the State |
| 42(2) | Seat and benches | State capital ordinarily; other places as notified; regional benches by notification |
| 42(3) | Composition | President and not less than four members; maximum as prescribed |
| 43 | Rules (Centre) | Qualification, recruitment, appointment, term, resignation, removal |
| 44 | Rules (State) | Salaries, allowances, other terms of service |
| 45 | Transitional | Persons in office before commencement serve till term completes |
| 46 | Staff | State determines officers and employees; President superintends; terms prescribed |
Section 42(1): one State Commission in each State
"The State Government shall, by notification, establish a State Consumer Disputes Redressal Commission, to be known as the State Commission, in the State." Compare the District Commission under section 28, which is established in each district and may be more than one per district. Here the text says "in the State", with no proviso for more than one. See our article on section 28. Section 2(44) defines "State Commission" by reference to this sub-section.
Section 42(2): seat and regional benches
"The State Commission shall ordinarily function at the State capital and perform its functions at such other places as the State Government may in consultation with the State Commission notify in the Official Gazette". The proviso adds that the State Government "may, by notification, establish regional benches of the State Commission, at such places, as it deems fit."
| Question | Answer from the text |
|---|---|
| Where does it ordinarily sit? | At the State capital |
| Can it sit elsewhere? | Yes, at other places notified by the State Government in consultation with the State Commission |
| Are there branches? | The State Government may establish regional benches at places it deems fit |
A regional bench is a bench of the State Commission itself, not a separate Commission. The text does not say how work is divided between the main seat and the regional benches, or whether a litigant may choose. That is left to the notification and to practice. Benches generally are dealt with in section 47(2); see our article on section 47.
Section 42(3): composition
"Each State Commission shall consist of— (a) a President; and (b) not less than four or not more than such number of members as may be prescribed in consultation with the Central Government."
- One President.
- Members: at least four; the upper limit is "such number ... as may be prescribed in consultation with the Central Government". This article gives no figure for the upper limit.
- Drafting note. The text reads "not less than four or not more than such number". The word "or" is an evident slip for "and"; read as written, the sentence would not make sense, and the natural reading is a floor of four and a ceiling as prescribed. We flag it rather than correct it.
For comparison, the District Commission has a President and not less than two members (section 28(2)).
Section 43: Central rules on qualification and appointment
"The Central Government may, by notification, make rules to provide for the qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission."
The Act itself prints no qualification, age, term or ground of removal. Those are in the rules. This article names none. The parallel provision for the District Commission is section 29, which lists the same subjects; see our article on sections 29-33.
Section 44: State rules on pay and service terms
"The State Government may, by notification, make rules to provide for salaries and allowances and other terms and conditions of service of the President and members of the State Commission."
| Subject | Rule-maker |
|---|---|
| Qualification, recruitment, appointment procedure, term, resignation, removal | Central Government (43) |
| Salaries, allowances, other terms of service | State Government (44) |
Section 45: transitional provision
"Any person appointed as President or, as the case may be, a member of the State Commission immediately before the commencement of this Act shall hold office as such, as President or member, as the case may be, till the completion of his term."
Read it with section 1(3), under which different provisions may start on different dates. See our article on section 1. The sub-section protects tenure only; it says nothing about pay under the new rules or about extensions of term.
Section 46: officers and other employees
46(1). "The State Government shall determine the nature and categories of the officers and other employees required to assist the State Commission in the discharge of its functions and provide the Commission with such officers and other employees as it may think fit."
46(2). The officers and employees "shall discharge their functions under the general superintendence of the President."
46(3). Their salaries, allowances and other terms of service "shall be such as may be prescribed".
Two small points. First, unlike section 33, which says the State "shall provide ... such officers and other employees as may be required", section 46(1) also has the State determine the nature and categories of staff and provide such staff "as it may think fit". The difference of phrasing is noted; the text does not say it has a practical effect. Second, the President supervises the staff.
Example. A State notifies its State Commission at the capital, and later notifies a regional bench in another city. The State Commission's staff there still work under the general superintendence of the President. Their pay and terms are in the rules, not in the Act.
What these sections leave out
- No upper limit on members, no qualification, tenure or removal ground in the Act itself.
- No rule on how many members make a bench; that is in section 47(2).
- No rule on vacancies; for the District Commission, section 32 gives vacancy cover, but for the State Commission the text of sections 42 to 46 contains no such provision. Vacancy and validity are dealt with later in the Act; see our article on sections 63-64 when published.
- No fee, no form and no procedure.
For the site's overview of all three tiers, see Consumer Dispute Redressal Commissions: District, State, National.
Need help with a State Commission matter?
A case reaches the State Commission by value, by appeal or by revision. We can check which route applies to you and prepare the papers. Start with a legal consultation and bring the District Commission's order or the contract and payment details.
Key takeaways
- The State Government establishes the State Commission by notification (42(1)).
- It ordinarily sits at the State capital; regional benches may be notified (42(2)).
- President plus not less than four members; maximum as prescribed (42(3)).
- Central rules cover qualification, recruitment and removal (43); State rules cover pay (44).
- Persons in office before commencement continue to the end of their term (45).
- The State provides staff, who work under the President's superintendence (46).
Read next
- Section 41: appeal against District Commission order
- Section 47: jurisdiction of the State Commission
- Sections 53-57: National Commission establishment, members and staff
- 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.