Sections 10-11 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 10 and 11 of the Competition Act, 2002 say how long the Chairperson and Members of the Competition Commission of India hold office, who acts when the Chairperson is absent or the post is vacant, how a Member may resign, and the grounds on which the Central Government may remove a Member. The Competition (Amendment) Act, 2023 does not amend either section.
As per 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. A Chairperson or Member holds office for five years from entering upon office, is eligible for re-appointment and cannot hold office after attaining sixty-five years. A Member may resign by written notice to the Central Government and may be removed by order on six grounds; on two of them, removal needs a report of the Supreme Court on a reference. Neither section is touched by the 2023 Act.
Section 10(1): five-year term and the age limit
Section 10(1) says the Chairperson and every other Member "shall hold office as such for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment". The proviso adds that the Chairperson or other Members "shall not hold office as such after he has attained the age of sixty-five years".
For one line of history: footnote 19 of the consolidated text shows that the 2007 amendment replaced an earlier proviso that had set separate ages for the Chairperson and other Members. The rule to read is the printed proviso: sixty-five years for the Chairperson and every other Member. Where a Member is reappointed, the age limit still applies. The 2023 Act does not amend Section 10.
Example. A Member enters upon office on 1 April and is fifty-nine years old at that time. The five-year term runs to the following 31 March. If she turns sixty-five before that date, the proviso means she cannot hold office after attaining sixty-five years, even though the five years have not run out. The dates are invented and the example only illustrates the interaction of the two limits. If you need the sections read against a particular appointment or order, a legal consultation can do that.
Section 10(2): filling vacancies
A vacancy caused by resignation or removal under Section 11, or by death or otherwise, "shall be filled by fresh appointment in accordance with the provisions of sections 9". The consolidated text prints "sections 9" in the plural; we read it as a reference to Section 9, which deals with the Selection Committee and is explained in our article on establishment, composition and selection of the Commission.
Section 10(3): oath
Before entering upon office, the Chairperson and every other Member "shall make and subscribe to an oath of office and of secrecy in such form, manner and before such authority, as may be prescribed." The form, manner and authority are prescribed by rules under Section 63, which are not in the sources consulted; we give no detail.
Section 10(4) and (5): acting Chairperson
- Vacancy in the office of Chairperson (death, resignation or otherwise): "the senior-most Member shall act as the Chairperson, until the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office."
- Chairperson unable to discharge functions (absence, illness or any other cause): "the senior-most Member shall discharge the functions of the Chairperson until the date on which the Chairperson resumes the charge of his functions."
The two sub-sections ensure that the Commission is not left without a presiding Member. The text does not define "senior-most" and we do not add a definition.
Section 11(1): resignation
The Chairperson or any other Member "may, by notice in writing under his hand addressed to the Central Government, resign his office". The proviso says that the Chairperson or Member shall, unless permitted by the Central Government to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of the notice, or until a person duly appointed as his successor enters upon his office, or until the expiry of his term of office, "whichever is the earliest".
Resignation therefore takes effect on the earliest of three events unless the Central Government permits an earlier exit.
Section 11(2): removal by order
Notwithstanding sub-section (1), the Central Government "may, by order, remove the Chairperson or any other Member from his office" if the person:
| Clause | Ground (as printed) |
|---|---|
| (a) | is, or at any time has been, adjudged as an insolvent |
| (b) | has engaged at any time, during his term of office, in any paid employment |
| (c) | has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude |
| (d) | has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member |
| (e) | has so abused his position as to render his continuance in office prejudicial to the public interest |
| (f) | has become physically or mentally incapable of acting as a Member |
Section 11(3): the Supreme Court safeguard
Notwithstanding sub-section (2), "no Member shall be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court, on a reference being made to it in this behalf by the Central Government, has, on an inquiry, held by it in accordance with such procedure as may be prescribed in this behalf by the Supreme Court, reported that the Member, ought on such ground or grounds to be removed."
The printed words say "no Member", while sub-section (2) speaks of "the Chairperson or any other Member". The consolidated text is as printed and we do not read a difference into the wording. For the other grounds in clause (a), (b), (c) and (f), sub-section (3) does not require a report, and the order is made by the Central Government.
What changed in 2023
| Section | Before (consolidated text) | After (2023 Act) |
|---|---|---|
| 10 | Five years; age sixty-five; acting Chairperson; oath | Not changed |
| 11 | Resignation; six grounds of removal; Supreme Court report for (d) and (e) | Not changed |
Why this matters to businesses and advisers
A change at the head of the Commission does not by itself end any proceeding before it; Section 15 says no act or proceeding of the Commission is invalid merely by reason of a vacancy or a defect in its constitution; see our article on Sections 12 to 15. The Commission's functions overall are described in our guide on CCI powers, procedure and enforcement, and the definitions of "Chairperson" and "Member" are in our article on Section 1 and the terms that name the Commission.
Need help understanding the Commission's structure?
If a question about who may sit, who acts or whether an appointment is valid has come up in your matter, our team can read the sections with you and point to the consequences. Begin with a legal consultation and bring the order or notice in question.
Key takeaways
- The term is five years from entering upon office, with eligibility for re-appointment, and no one holds office after attaining sixty-five years.
- The senior-most Member acts as Chairperson on a vacancy or while the Chairperson is unable to act.
- Resignation is by written notice to the Central Government and takes effect on the earliest of three events unless permitted sooner.
- Removal is by order of the Central Government on six grounds; for clause (d) or (e) a report of the Supreme Court is required first.
- The 2023 Act does not amend Sections 10 or 11.
Read next
- Establishment, composition and selection of the Commission
- Post-office restrictions, administrative powers and service terms
- Director General, Secretary, experts and staff
- CCI powers, procedure and enforcement
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.