Section 106 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 106 is a transitional safety valve. If a difficulty arises in giving effect to the Act, the Central Government may, by order in the Official Gazette, make provisions, not inconsistent with the Act, that appear necessary or expedient to remove it. The proviso closes the door two years after the commencement of the Act. If you are trying to understand whether an order of this kind still has force, our legal consultation team can help you read it against the section.
If any difficulty arises in giving effect to the provisions of the Act, the Central Government may, by order in the Official Gazette, make such provisions not inconsistent with the Act as appear to it necessary or expedient for removing the difficulty. No such order may be made after two years from the commencement of the Act. The section gives the power to the Central Government only.
The section in parts
| Part | Text | Meaning |
|---|---|---|
| Trigger | "If any difficulty arises in giving effect to the provisions of this Act" | A difficulty in applying the Act |
| Who | "the Central Government" | Not the States, the Commissions or the Central Authority |
| How | "by order in the Official Gazette" | An order, published in the Official Gazette |
| What | "such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient" | Provisions that fit within the Act; the Government's own view of what is necessary or expedient |
| Limit | "no such order shall be made after the expiry of a period of two years from the commencement of this Act" | A time bar |
The full text: "If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act."
Reading the main part
- "Any difficulty ... in giving effect". The difficulty must be in giving effect to the Act. The section does not define "difficulty". A gap in the Act's machinery, such as how a transition is to work, would be the kind of difficulty it is aimed at; the text gives no list.
- "By order in the Official Gazette". The form is an order, not a rule or a regulation. Rules are made under section 101 and regulations under sections 103 and 104; each is "by notification". Section 106 uses a different instrument, and the text does not call it a notification.
- "Not inconsistent with the provisions of this Act". The Government cannot use section 106 to override or change the Act. Provisions must fit within it.
- "As appear to it to be necessary or expedient". The test is the Government's own view. The text does not say that the view can be examined by anyone else.
- "May". The power is discretionary. The Government is not required to make any order.
The proviso: two years from commencement
"Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act."
| Question | Text |
|---|---|
| What is limited | The making of an order |
| By how long | Two years |
| From when | The commencement of the Act |
| Effect after two years | No such order may be made |
Two points to flag.
First, the proviso limits the making of orders. It does not say that an order made within the two years lapses after two years; the text says nothing about the order's life.
Second, the Act has more than one commencement date. Section 1(3) lets the Central Government appoint different dates for different provisions, and the Act was brought into force by notification. The text of section 106 speaks of "the commencement of this Act" as if there were a single date. It does not say whether the two years run from the first date on which any provision came into force, or from the date of commencement of the provision in which the difficulty arose. This article states no commencement date because none is printed in the text consulted, and the drafting question is flagged without being resolved.
How section 106 differs from the rule-making sections
| Feature | Section 101 (rules) | Sections 103–104 (regulations) | Section 106 (orders) |
|---|---|---|---|
| Who | Central Government | National Commission; Central Authority | Central Government |
| Instrument | Rules by notification | Regulations by notification, with previous approval of the Central Government | Order in the Official Gazette |
| Time limit | None printed | None printed | Two years from commencement |
| Laying | Section 105(1) applies | Section 105(1) applies | Section 105 mentions "every rule and every regulation"; it does not mention orders |
The last row is worth noticing. Section 105(1) provides for the laying before Parliament of every rule and every regulation. It does not use the word "order". The text of section 106 itself has no laying requirement. This article does not say anything beyond what is printed. For the rule heads, see section 101 on the Central Government's power to make rules, and for regulations and laying, see sections 103–105.
Why such a section exists
A new Act replaces an older one and sets up new bodies, so the first stretch of its life can throw up practical gaps. Provisions of this kind let the Government deal with such gaps in a limited window without waiting for Parliament to amend the Act. Section 107 provides for the repeal of the 1986 Act and the savings that go with it; see section 107 on repeal and savings. This paragraph explains the general idea of the provision; the Act itself gives no statement of purpose for section 106.
Example (illustration only). Suppose that, when the Act began, a Commission found that a transitional matter was not covered by any section. The Central Government could, within two years, make an order in the Official Gazette giving a provision on that matter that is not inconsistent with the Act. After the two-year window it could not make such an order, and a Gazette order made later would fall outside the section.
What the text leaves out
- Examples of difficulties. None are given.
- Whether orders are laid. Section 106 does not require laying.
- Challenge. It does not say how an order can be questioned.
- Life of an order. It does not say whether an order lapses after two years.
- The orders actually made. Any orders made under this section are outside the text of the Act and are not described here.
Need help reading an order made under this section?
If you are told that a Gazette order governs your matter, check that it is made under section 106, that it is not inconsistent with the Act and that it was made within the two-year window. Our team can read the order against the section. Begin with a legal consultation and bring a copy of the order.
Key takeaways
- Section 106 lets the Central Government remove difficulties in giving effect to the Act by order in the Official Gazette.
- The provisions must be not inconsistent with the Act.
- No order may be made after two years from the commencement of the Act.
- The instrument is an order, not a rule or regulation.
- The text does not say how the two years are counted where provisions came into force on different dates.
Read next
- Section 105: laying of rules and regulations (Sections 103–105)
- Section 107: repeal of the 1986 Act and savings
- Section 1: short title, extent, commencement and application
- Introduction to Consumer Protection Act 2019
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.