Sections 52 and 53 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 52 and 53 of the Competition Act, 2002 make the Competition Commission of India accountable for its money and its work. Section 52 requires proper accounts and audit by the Comptroller and Auditor-General of India. Section 53 requires returns and an annual report to the Central Government, which must be laid before Parliament. Neither section is changed by the Competition (Amendment) Act, 2023.
The Commission must keep proper accounts and prepare an annual statement of accounts. These are audited by the Comptroller and Auditor-General of India, and the certified accounts with the audit report go to the Central Government every year to be laid before each House of Parliament. The Commission must also furnish returns when asked and prepare an annual report that is also laid before Parliament. The orders of the Commission are not subject to this audit.
How this article reads the Act
This article follows the consolidated text of the Act published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023. The 2023 Act does not touch Sections 52 and 53, so the text below is as printed in the consolidated text. No commencement date is given. If your organisation deals with the Commission and wants to understand how it is held to account, our legal consultation team can assist.
Section 52(1): accounts
"The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India." The form is "as may be prescribed"; the rules are not in the sources consulted, so no form or format is given here.
Section 52(2): audit and the Explanation
"The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General of India."
The Explanation reads: "For the removal of doubts, it is hereby declared that the orders of the Commission, being matters appealable to the Appellate Tribunal or the Supreme Court, shall not be subject to audit under this section." In plain terms, the audit is about money and records. It does not look into whether the Commission's decisions on cartels, abuse or combinations were right; those can be challenged through appeals. The printed footnote shows that the words "Appellate Tribunal or the Supreme Court" were substituted in 2007; the appeal route itself is explained in our articles on Section 53B and Sections 53Q to 53U.
Section 52(3): the auditor's rights
The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Commission "shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has, in connection with the audit of the Government accounts", and in particular the right to demand the production of books, accounts, connected vouchers and other documents and papers, and to inspect any of the offices of the Commission.
Section 52(4): certification and Parliament
"The accounts of the Commission as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament." The duty to lay the report falls on the Central Government, not on the Commission.
Section 53(1): returns and statements
The marginal heading is "Furnishing of returns, etc., to Central Government". Section 53(1) says that the Commission shall furnish to the Central Government, at such time and in such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars in regard to any proposed or existing measures for the promotion of competition advocacy, creating awareness and imparting training about competition issues, as the Central Government may from time to time require. Compare the advocacy duty in Section 49(3), now worded "competition advocacy or culture": see Sections 49 to 51. Section 53(1) itself is not amended by the 2023 Act and still uses the shorter phrase "competition advocacy".
Section 53(2): the annual report
"The Commission shall prepare once in every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies of the report shall be forwarded to the Central Government." The form and the time are "as may be prescribed". The sources do not contain the prescribing rules.
Section 53(3): laying before Parliament
"A copy of the report received under sub-section (2) shall be laid, as soon as may be after it is received, before each House of Parliament."
Two documents, two routes
| Feature | Section 52 (accounts and audit) | Section 53 (returns and annual report) |
|---|---|---|
| Who prepares | The Commission prepares the annual statement of accounts; the Comptroller and Auditor-General audits | The Commission prepares returns and the annual report |
| Form | As prescribed by the Central Government in consultation with the Comptroller and Auditor-General | As prescribed or as the Central Government directs (returns); as prescribed (annual report) |
| Goes to | Central Government, annually | Central Government |
| Laid before Parliament | Accounts and audit report, by the Central Government (52(4)) | Annual report copy, as soon as may be after receipt (53(3)) |
| Orders of the Commission | Not subject to audit (Explanation to 52(2)) | Not mentioned |
| Changed in 2023 | No | No |
What the 2023 Amendment Act changed
Nothing in Sections 52 and 53. The Competition (Amendment) Act, 2023 does not mention them, so there is no before-and-after to show.
Who this affects
The two sections are primarily about the Commission and the Central Government. For businesses and professionals, they matter in two ways. First, the Commission's annual report and audited accounts are the formal record of what the Commission reports about its own activities each year; the sources do not contain any such report, and nothing in this article states what a report said. Second, the Fund from which the Commission is run (Section 51) is audited under Section 52, so questions about spending go through Parliament, not through an appeal against an order.
Practical example
A trade association wants to understand how the Commission's advocacy work is reported. It cannot challenge the Commission's accounts through an appeal; the route is the audit under Section 52 and the report that the Central Government lays before each House under Section 52(4), and the annual report under Section 53(2) and (3). The association can follow the tabled documents and raise points with its Member of Parliament or the relevant ministry.
Need help understanding the Commission's accountability framework?
If you are writing a policy note, a research paper or a representation about the Commission, we can help you read the Act's provisions accurately. Our legal consultation team can walk you through how Sections 49 to 53 fit together. For the wider picture, see CCI powers and procedure.
Key takeaways
- The Commission keeps accounts in the form prescribed by the Central Government, in consultation with the Comptroller and Auditor-General of India.
- The Comptroller and Auditor-General audits; the Commission pays the cost of audit.
- Orders of the Commission are not subject to audit under Section 52.
- The Central Government lays the certified accounts and audit report, and the annual report, before each House of Parliament.
- Neither section is changed by the 2023 Act.
Read next
- Sections 49 to 51 of the Competition Act, 2002: competition advocacy, grants and the Competition Fund
- Section 53A: the Appellate Tribunal and its jurisdiction
- Sections 7 to 9: composition of the Commission
- Competition Commission of India powers
Disclaimer: Based on the consolidated text of the Competition Act, 2002 published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023, and on the regulations and guidelines of the Commission as notified in 2024, as consulted on 2 October 2026. Commencement notifications, notified thresholds, rules and later amendments should be checked. This article is general information, not legal advice; check the official text before acting.