Section 64 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 64 of the Competition Act, 2002 gives the Competition Commission of India power to make regulations, and lists the matters they may cover. The Competition (Amendment) Act, 2023 replaces clause (c) of sub-section (2) with four clauses and adds clauses (fa) to (fc) and (ga) to (gg). Several of the Commission's 2024 instruments are made under these new clauses.
The Commission may, by notification, make regulations consistent with the Act and the rules to carry out its purposes. Section 64(2) lists the matters. The 2023 Act adds (c), (ca), (cb), (cc) in place of old clause (c), (fa), (fb), (fc) after (f), and (ga) to (gg) after (g). Every regulation must be laid before each House of Parliament for thirty days. The Commission's 2024 Combinations, Settlement, Commitment, Lesser Penalty, Turnover or Income and General Regulations follow from this section.
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. Section 64 is amended by clause 44 of the amending Act. The 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked. No commencement date is given. The 2024 instruments are as notified in 2024; later amendments should be checked. If a regulation affects a filing you must make, our legal consultation team can help you read it with the Act.
Section 64(1): the general power
"The Commission may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act." Regulations must be consistent with the Act and with the Central Government's rules under Section 63: see Section 63.
Section 64(2): the matters, as printed
The consolidated text prints the list as follows. Footnote 101 shows that clauses (d) to (h) were substituted in 2007, and the bracket that opens at (d) closes at (h).
| Clause | Subject | Section it serves |
|---|---|---|
| (a) | The cost of production to be determined | Clause (b) of the Explanation to Section 4 |
| (b) | The form of notice as may be specified and the fee which may be determined | Section 6(2) |
| (c) | The form in which details of the acquisition shall be filed | Section 6(5) (as printed "subsection(5) of Section 6") |
| (d) | The procedures to be followed for engaging the experts and professionals | Section 17(3) |
| (e) | The fee which may be determined | Section 19(1)(a) |
| (f) | The rules of procedure in regard to the transaction of business at the meetings of the Commission | Section 22(1) |
| (g) | The manner in which penalty shall be recovered | Section 39(1) |
| (h) | Any other matter in respect of which provision is to be, or may be, made by regulations | - |
Section 64(2) as changed by clause 44 of the 2023 Act
Clause 44 has three parts.
(i) For clause (c), four clauses are substituted. The base text of clause (c) concerned the form in which details of an acquisition were filed under Section 6(5). Section 6(4) and (5) were themselves replaced by the 2023 Act, so the old clause (c) is replaced as follows:
| New clause | Subject | Section it serves |
|---|---|---|
| (c) | The manner of determination of substantial business operations in India | Clause (d) of Section 5 |
| (ca) | The form and fee for notice for combination | Section 6(4) |
| (cb) | The time and manner for filing notice of acquisition | Clause (a) of Section 6A |
| (cc) | The manner and circumstance in which the acquirer may exercise the ownership or beneficial right or interest in shares or convertible securities, including voting right and receipt of dividends or any other distributions, as an exception | Clause (b) of Section 6A |
(ii) After clause (f), three clauses are inserted.
| New clause | Subject | Section it serves |
|---|---|---|
| (fa) | Other details to be indicated in the show-cause notice | Section 26(9) |
| (fb) | The manner of determining turnover or income | Explanation to clause (b) of Section 27 |
| (fc) | The manner in which modification may be proposed by parties to the combination to the Commission | Section 29A(2) |
(iii) After clause (g), seven clauses are inserted.
| New clause | Subject | Section it serves |
|---|---|---|
| (ga) | The lesser penalty to be imposed on a producer, seller, distributor, trader or service provider | Section 46(1) |
| (gb) | The manner and time for withdrawal of application for lesser penalty | Section 46(2) |
| (gc) | The lesser penalty to be imposed | Section 46(4) |
| (gd) | The manner of determining income | Clause (c) of the Explanation to Section 48 |
| (ge) | The form of application and fee (sub-section (1)), the time (sub-section (2)), the terms and manner of implementation and monitoring (sub-section (3)) and the procedure for settlement proceedings (sub-section (6)) | Section 48A |
| (gf) | The same matters for commitments | Section 48B |
| (gg) | The other details to be published along with draft regulations and the period for inviting public comments | Clause (a) of Section 64A |
The amending clause fits the base text: clause (c) exists to be replaced, and clauses (f) and (g) exist to be followed by the new clauses. One printing point: Section 2(q) in the consolidated text speaks of regulations made "under section 62", although the regulation-making section in this copy is Section 64. This is flagged here, not corrected.
Which 2024 instrument is made under which clause
The table uses only what each instrument says in its own opening words (its preamble) and, for the General Regulations, what its regulations say. Where an instrument does not name the clause, none is guessed.
| Clause or section | 2024 instrument | What the instrument's own opening words say |
|---|---|---|
| (b), (c), (ca), (cb), (cc), (fc) | Combinations Regulations, 2024, 9th September, 2024 | Made under sub-section (1) and clauses (b), (c), (ca), (cb), (cc), (f) and (fc) of sub-section (2) of Section 64, read with Section 6(2) and (4), Section 6A and Section 29A(2) |
| (fb), (gd) | Turnover or Income Regulations, 2024, 6th March, 2024 | Made under sub-section (1) and clauses (fb) and (gd) of sub-section (2) of Section 64, read with the Explanation to clause (b) of Section 27 and clause (c) of the Explanation to Section 48 |
| (ga), (gb), (gc) | Lesser Penalty Regulations, 2024, 20th February, 2024 | Made under sub-section (1) and clauses (ga), (gb) and (gc) of sub-section (2) of Section 64, read with Section 46 and clause (b) of Section 27 |
| (ge) | Settlement Regulations, 2024, 6th March, 2024 | Made under Section 64 read with Section 48A (the clause is not named) |
| (gf) | Commitment Regulations, 2024, 6th March, 2024 | Made under Section 64 read with Section 48B (the clause is not named) |
| General | General Regulations, 2024, 17th September, 2024 | Made under Section 64 (no clause named). Regulation 50 fixes the fee under clause (a) of Section 19(1), the subject of clause (e) |
| Not under Section 64 | Monetary Penalty Guidelines, 2024, 6th March, 2024 | Made under Section 64B(1) read with Section 64B(3), not Section 64 |
No instrument among the seven names clause (a) (cost of production), clause (d) (experts), clause (g) (recovery of penalty), clause (fa) or clause (gg). The Settlement and Commitment Regulations refer to a 2011 recovery instrument which is not in the sources consulted. This does not mean no regulation exists on these clauses; it means none is in the sources consulted.
Section 64(3): Parliament
"Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation, or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation."
Regulation-making has a further process after 2023: draft regulations are published for public comment under Section 64A, unless the urgency proviso applies; see Sections 64A and 64B.
What the 2023 Amendment Act changed
| Provision | Before (consolidated text) | After (as amended by the Competition (Amendment) Act, 2023) |
|---|---|---|
| Clause (c) | Form of details of acquisition under Section 6(5) | Replaced by (c), (ca), (cb), (cc) |
| Clauses (fa) to (fc) | Not present | Inserted after (f) |
| Clauses (ga) to (gg) | Not present | Inserted after (g) |
| Section 64(1), (3) and clauses (a), (b), (d) to (h) | As printed | Same |
Practical example
A promoter plans to buy shares on a stock exchange and wants to know when notice is due. Section 6A leaves "the time and manner for filing notice" to regulations under clause (cb) of Section 64(2). The 2024 Combinations Regulations, as notified on 9th September, 2024, are the instrument made under that clause. The promoter reads Section 6A and the regulation together, and checks later amendments.
Need help reading regulations with the Act?
The Act sets the rule; the regulations supply the form, fee, time and procedure. Our legal consultation team can map the right instrument to your filing and flag points to check, such as later amendments. For the broader legal framework of mergers, see CCI approval for mergers and acquisitions.
Key takeaways
- The Commission makes regulations by notification, consistent with the Act and the rules.
- The 2023 Act adds clauses (ca) to (cc), (fa) to (fc) and (ga) to (gg), replacing old clause (c).
- Regulations are laid before Parliament for thirty days.
- Six of the seven 2024 instruments follow from Section 64; the Penalty Guidelines follow from Section 64B.
- Later amendments to the instruments should be checked.
Read next
- Section 63: power of the Central Government to make rules
- Sections 64A and 64B: making of regulations and penalty guidelines
- Combinations Regulations, 2024: notice, forms, fees and timelines
- Filing, inquiry and confidentiality under the General Regulations, 2024
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.