Sections 99 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 99 lets the Central Government give the Central Authority written directions on questions of policy, which the Authority is bound by, and makes the Government's decision on what is a policy question final. Section 100 says the Act is in addition to, and not in derogation of, any other law in force. Together they define who steers the Authority and how the Act sits with other statutes. If you are comparing remedies under this Act and other laws, our legal consultation team can help you map them.
Section 99: in exercising its powers or performing its functions, the Central Authority is bound by such directions on questions of policy as the Central Government may give in writing, from time to time (99(1)). The Authority is, as far as practicable, given an opportunity to express its views before a direction is given. The Central Government's decision whether a question is one of policy is final (99(2)). Section 100: the Act is in addition to and not in derogation of the provisions of any other law for the time being in force.
The two sections at a glance
| Provision | Subject | Key point |
|---|---|---|
| 99(1) | Policy directions | In writing; from time to time; the Authority is bound |
| 99(1) proviso | Opportunity of views | As far as practicable, before a direction is given |
| 99(2) | Who decides what is policy | The Central Government; its decision is final |
| 100 | Other laws | The Act is in addition to, not in derogation of, other laws in force |
Section 99(1): directions on questions of policy
"Without prejudice to the foregoing provisions of this Act, the Central Authority, shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, as the Central Government may give in writing to it from time to time."
Read it in parts:
- "Without prejudice to the foregoing provisions". Section 99 sits alongside the Authority's powers in the earlier sections, such as section 18 on powers and functions. It does not cancel them.
- "Questions of policy". The directions are on policy. They are not about how the Authority decides an individual case. The Act does not define a question of policy.
- "In writing". A direction must be written. The text does not say it must be published or laid before Parliament.
- "From time to time". The Government may give directions as often as it likes.
- "Bound". The Authority has no choice. It must follow the direction in exercising its powers and functions.
For the Authority's own constitution, see our article on the Central Consumer Protection Authority.
The proviso: an opportunity to express views
"Provided that the Central Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section."
| Feature | Text |
|---|---|
| Who is heard | The Central Authority |
| When | Before the direction is given |
| Strength | "As far as practicable" |
The words "as far as practicable" mean the opportunity is not an absolute condition. The section does not say what happens if no opportunity is given: whether the direction is invalid or still binds. The text is silent on that.
Section 99(2): who decides what is policy
"The decision of the Central Government whether a question is one of policy or not shall be final."
This makes the Central Government the judge of the boundary. The words "shall be final" mean the Act itself closes the question. The section does not say whether a court can look at the decision; that is not addressed by the text.
Example. The Central Government gives the Authority a written direction that, in its enforcement work, it must give priority to a particular class of complaints. This is a question of policy and the Authority is bound. If the Authority doubts whether a given matter is policy, section 99(2) gives the Government's decision on that point as final.
Section 100: in addition to, not in derogation of, other laws
"The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force."
Two phrases do the work:
- "In addition to". The Act adds a remedy and a regime. It does not displace the others.
- "Not in derogation of". The Act does not detract from the other laws. What another law gives remains available.
The section does not name any other law. It is general. Other statutes that the Act itself mentions in specific places include the Code of Civil Procedure, 1908 (section 71), the Code of Criminal Procedure, 1973 (sections 72, 73 and 96) and the Indian Penal Code (sections 90 and 95). From 1 July 2024 the Code of Criminal Procedure, 1973 and the Indian Penal Code were replaced by the BNSS and the BNS; this article gives no new section numbers.
How section 100 helps a reader
| Question | What section 100 says |
|---|---|
| Does the Act replace other laws on the same subject? | No. It is in addition to them |
| Can a person use a remedy under another law instead of a consumer complaint? | The section says the Act does not detract from other laws; it does not say how choices between forums are made |
| Does the Act prevail if there is a conflict? | The section is silent; it does not contain a non-obstante clause |
The last row matters. Section 100 is not a "notwithstanding" clause. It tells you that other laws survive; it does not tell you which wins in a conflict. This article does not go into that, and the text is silent on it.
For choice of forum in one common setting, see our existing post on RERA vs consumer forum: where to file.
How sections 99 and 100 fit with the rest of Chapter VIII
Section 99 follows section 98 on good faith protection, and section 100 comes just before the rule-making sections 101 and 102. See sections 95, 97 and 98 for the preceding provisions. Section 100 is a short general saving; the specific savings for the repealed 1986 Act are in section 107.
What the text leaves out
- Publication of directions. Section 99 does not say whether policy directions are made public.
- Remedies against a direction. The section does not say whether the Authority can ask for reconsideration.
- Overlap of remedies. Section 100 does not set out how a consumer should choose between a remedy under this Act and one under another law, or whether both can be pursued together.
- Time limits. Neither section sets one.
Need help choosing between remedies?
Because the Act is in addition to other laws, a grievance may have more than one route. Our team can lay out the options, the forums and the time limits before you commit. Start with a legal consultation and bring the contract, correspondence and any notices received.
Key takeaways
- The Central Authority is bound by written policy directions from the Central Government (99(1)).
- The Authority should, as far as practicable, be given a chance to express its views first.
- The Central Government's decision on whether a question is one of policy is final (99(2)).
- The Act is in addition to and not in derogation of any other law in force (s.100).
- The text does not say which law prevails in a conflict.
Read next
- Sections 95, 97 and 98: public servants, penalty fund and good faith protection
- Section 101: the Central Government's power to make rules
- Section 107: repeal of the 1986 Act and savings
- RERA vs Consumer Forum: Where to File
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.