Section 104 CPA: Power of Central Authority to make regulations

Section 104 of Consumer Protection Act: Power of Central Authority to make regulations

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The Central Authority may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act, for the purpose of giving effect to the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) the procedure for engaging experts and professionals and the number of such experts and professionals under sub-section (3) of section 13;

(b) the procedure for transaction of business and the allocation of business of the Chief Commissioner and Commissioner under sub-section (1) of section 14;

(c) the form, manner and time within which, inquiries or investigation made by the Director-General shall be submitted to the Central Authority under sub-section (5) of section 15; and

(d) such other matter for which provision is to be, or may be, made by regulation.

Legal Commentary & Landmark Judgments: Section 104

Section 104 empowers the Central Consumer Protection Authority, with the previous approval of the Central Government, to frame regulations governing its internal procedure, meetings, investigations, and search protocols.

Regulatory Autonomy of the CCPA: Empowers the Central Authority to make regulations regulating its administrative meetings, internal inquiries, and institutional functioning.
Statutory Safeguards for Investigations: Authorizes framing of procedural rules governing investigations, summons, search protocols, and collection of market samples by the Director General.
Condition Precedent of Prior Approval: Requires the previous approval of the Central Government prior to the notification of regulations in the Official Gazette.

Key Landmark Precedents:

CCI v. Steel Authority of India Ltd. (2010) 10 SCC 744: The Supreme Court held that regulatory authorities exercising investigative and quasi-judicial functions must frame clear procedural regulations to guarantee transparency and due process during inquiries.
PTC India Ltd. v. CERC (2010) 4 SCC 603: A 5-Judge Constitution Bench ruled that regulatory bodies derive their subordinate rule-making power from the enabling statute, and regulations framed within statutory boundaries carry legislative force.

Courtroom Practice & Strategic Litigation Guidance:

When representing an entity under CCPA investigation, verify whether the Director General's inquiry strictly observed the regulations framed under Section 104. Any failure to adhere to statutory notice procedures or investigation protocols can be raised to challenge preliminary findings.

Section 104: Power of Central Authority to make regulations

Section 104 of Consumer Protection Act: Power of Central Authority to make regulations

Legal Commentary & Landmark Judgments: Section 104