Sections 65 and 66 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 65 of the Competition Act, 2002 gave the Central Government a limited power to remove difficulties in giving effect to the Act. Section 66(1) to (2) repealed the Monopolies and Restrictive Trade Practices Act, 1969, dissolved the Monopolies and Restrictive Trade Practices Commission, protected past actions, and dealt with its staff and funds. Neither section is changed by the Competition (Amendment) Act, 2023. The transfer of pending cases in Section 66(3) to (10) has its own article.
The Central Government could make an order to remove a difficulty, but not after two years from the commencement of the Act. The Monopolies and Restrictive Trade Practices Act, 1969 is repealed and its Commission dissolved, without affecting past operation, rights, liabilities and penalties. Members who lose office may claim compensation not exceeding three months' pay and allowances, and staff either revert to their parent cadre or transfer to the Competition Commission of India or the Appellate Tribunal.
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 65 and 66, so the text below is as printed. The principal Act's own commencement is by notification and no date is printed; none is given here. The Monopolies and Restrictive Trade Practices Act, 1969 and the Industrial Disputes Act, 1947 are named as printed; check the current law for the corresponding position. If a legacy matter from that period still touches your business, our legal consultation team can help you read the savings.
Section 65: power to remove difficulties
Sub-section (1). "If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as may appear to it to be necessary for removing the difficulty". The proviso: "no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act."
Sub-section (2). "Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament."
Three limits follow. The order must be published in the Official Gazette. It must not be inconsistent with the Act. And the power ended two years after the Act's commencement. As the Act's commencement is by notification, with no date printed, this article does not compute an end date. No order under Section 65 is in the sources consulted. Do not confuse this with the Commission's own power to remove difficulties in its 2024 regulations, which is a different power in a different instrument.
Section 66(1): repeal and dissolution
The heading is "Repeal and saving". Section 66(1), as substituted in 2007 (the printed footnote shows the earlier wording; we do not repeat it), says: "The Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) is hereby repealed and the Monopolies and Restrictive Trade Practices Commission established under sub-section (1) of section 5 of the said Act (hereinafter referred to as the repealed Act) shall stand dissolved." The printed text has a note "(102 A) [***]" after the sub-section, marking a proviso and explanation that were omitted by Act 39 of 2009; this article does not describe what they said.
Section 66(1A): what the repeal did not affect
The repeal "shall, however, not affect": (a) the previous operation of the repealed Act or anything duly done or suffered under it; (b) any right, privilege, obligation or liability acquired, accrued or incurred under it; (c) any penalty, confiscation or punishment incurred in respect of any contravention under it; or (d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, confiscation or punishment, and "any such proceeding or remedy may be instituted, continued or enforced, and any such penalty, confiscation or punishment may be imposed or made as if that Act had not been repealed."
Section 66(2): the Commission's people
Vacating office and compensation. On the dissolution of the Monopolies and Restrictive Trade Practices Commission, the person appointed as Chairman and every other person appointed as Member and Director General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration, and any officer and other employee holding office immediately before dissolution "shall vacate their respective offices", and the Chairman and other Members "shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of their office or of any contract of service."
First proviso: deputation. Officers and employees on deputation immediately before dissolution revert to their parent cadre, Ministry or Department.
Further proviso (substituted in 2007). Regular employees "shall become, on and from such dissolution, the officer and employee, respectively, of the Competition Commission of India or the Appellate Tribunal, in such manner as may be specified by the Central Government", with the same rights and privileges as to pension, gratuity and other like matters, until employment is duly terminated or terms are duly altered.
Industrial Disputes Act proviso. Notwithstanding anything in the Industrial Disputes Act, 1947 or any other law, the transfer of services does not entitle the officer or employee to any compensation under the Act or any other law, and no such claim shall be entertained by any court, tribunal or other authority.
Provident fund proviso. Where the old Commission had established a provident fund, superannuation, welfare or other fund, the monies relatable to transferred officers and employees, out of the monies standing on dissolution, "stand transferred to, and vest in, the Competition Commission of India or the Appellate Tribunal as the case may be", and "such monies which stand so transferred shall be dealt with by the said Commission or the Tribunal, as the case may be, in such manner as may be prescribed." The manner is "as may be prescribed"; the rule is not in the sources consulted, although clause (n) of Section 63(2) refers to it: see Section 63.
Reading the sub-section's structure
| Provision | What it does |
|---|---|
| 66(1) | Repeals the 1969 Act; dissolves its Commission |
| 66(1A) | Saves past operation, rights, liabilities, penalties and remedies |
| 66(2), main part | Office-holders vacate; Chairman and Members may claim up to three months' pay and allowances |
| 66(2), first proviso | Deputationists revert |
| 66(2), further proviso | Regular employees move to the Competition Commission of India or the Appellate Tribunal |
| 66(2), Industrial Disputes Act proviso | No compensation for transfer; claims barred |
| 66(2), provident fund proviso | Fund monies vest in the Commission or the Tribunal |
The print shows heavy footnotes on this section, and sub-section (2) is printed as "2)" without its opening bracket. We follow the printed text.
What the 2023 Amendment Act changed
Nothing in Sections 65 and 66.
Who this affects today
Almost no one is affected in day-to-day compliance. The practical interest is historical: the sections explain how the present Commission replaced an earlier body and how old rights and liabilities were kept alive. A lawyer or researcher dealing with a legacy matter should read Section 66(1A) with Section 66(3) to (10): see Section 66(3) to (10). For the new Commission's staff, see Sections 16 and 17.
Practical example
A researcher is reading a file that refers to a penalty under the 1969 Act. Section 66(1A)(c) shows that the repeal did not wipe out a penalty incurred earlier, and (d) shows that the proceeding or remedy could be continued "as if that Act had not been repealed". The same researcher finds that an officer of the old Commission became an officer of the new one; Section 66(2) explains how.
Need help with an older matter?
Legacy matters turn on exactly which provision saved what. Our legal consultation team can read the savings against the facts of your matter and explain what they mean today. For a wider introduction to the Act, see the Competition Act, 2002 explained.
Key takeaways
- Section 65: orders to remove difficulties could not be made after two years from the Act's commencement and had to be laid before Parliament.
- Section 66(1): the 1969 Act is repealed; its Commission is dissolved.
- Section 66(1A): past operation, rights, liabilities, penalties and remedies are saved.
- Section 66(2): office-holders vacate; the Chairman and Members may claim up to three months' pay and allowances; staff revert or transfer.
- The 2023 Act does not change these sections.
Read next
- Section 66(3) to (10): transfer of pending MRTP cases and investigations
- Section 63: power of the Central Government to make rules
- Sections 16 and 17: Director General, Secretary, experts and staff
- Introduction to the Competition Act, 2002
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.