Sections 53Q 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.
These four sections of the Competition Act, 2002 sit at the end of the Appellate Tribunal chapter. Section 53Q deals with contravention of a Tribunal order. Section 53S says who may appear before the Tribunal. Section 53T gives a further appeal to the Supreme Court within sixty days. Section 53U gives the Tribunal the contempt powers of a High Court. The Competition (Amendment) Act, 2023 changes only Section 53Q(1).
Under Section 53Q(1), as substituted in 2023, a person who contravenes a Tribunal order without any reasonable ground is liable for contempt proceeding under Section 53U. Under Section 53S, appellants may appear in person or through chartered accountants, company secretaries, cost accountants, legal practitioners or officers. Under Section 53T, an appeal lies to the Supreme Court within sixty days of communication, with a sufficient-cause proviso. Section 53R is omitted.
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. Section 53Q(1) is substituted by clause 41 of the amending Act; Sections 53S, 53T and 53U are not touched. The 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked. No commencement date is given. The Contempt of Courts Act, 1971 is named in Section 53U as printed; check the current law for the corresponding provision. If you need to appeal, our legal dispute resolution team can prepare the case.
Section 53Q(1): before and after 2023
Before (consolidated text). "Without prejudice to the provisions of this Act, if any person contravenes, without any reasonable ground, any order of the Appellate Tribunal, he shall be liable for a penalty of not exceeding rupees one crore or imprisonment for a term up to three years or with both as the Chief Metropolitan Magistrate, Delhi may deem fit", with a proviso that the Chief Metropolitan Magistrate, Delhi shall not take cognizance of any offence punishable under the sub-section, save on a complaint made by an officer authorized by the Appellate Tribunal. The printed text has the typographical slip "Tribubnal".
After (substituted by clause 41). "(1) Without prejudice to the provisions of this Act, if any person contravenes, without any reasonable ground, any order of the Appellate Tribunal, he shall be liable for contempt proceeding under section 53U."
Clause 41 substitutes the whole of sub-section (1). The substituted text has no proviso, so the proviso about the Chief Metropolitan Magistrate does not appear in it. The gazette does not say anything more about that proviso; we state only what the substituted text contains.
Section 53Q(2): compensation
Sub-section (2), not touched in 2023, lets any person apply to the Appellate Tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered as a result of the enterprise contravening, without any reasonable ground, any order of the Appellate Tribunal, or delaying in carrying out such orders. It feeds into Section 53N: see Section 53N.
Section 53R: omitted
The consolidated text prints Section 53R as "". Nothing is said here about what it used to contain.
Section 53S: legal representation
The heading is "Right to legal representation". Sub-section (1): a person preferring an appeal to the Appellate Tribunal may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case. Sub-section (2): the Central Government or a State Government or a local authority or any enterprise preferring an appeal may authorise one or more of the same categories to act as presenting officers. Sub-section (3): the Commission may authorise one or more of the same categories to act as presenting officers in any appeal. The Explanation says that "chartered accountant", "company secretary", "cost accountant" and "legal practitioner" have the meanings assigned in the Explanation to Section 35; see Section 35.
Section 53T: appeal to the Supreme Court
The section reads: "The Central Government or any State Government or the Commission or any statutory authority or any local authority or any enterprise or any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to them". The proviso: the Supreme Court may, if satisfied that the applicant was prevented by sufficient cause from filing the appeal within that period, allow it to be filed after the expiry of the sixty days.
Notes. The list of persons who may appeal is wider than in Section 53B because it includes the Commission and any statutory authority. The sixty days are counted from the date of communication of the decision to the appellant. The sources do not give the form of appeal or any fee. See also Section 53B for the first appeal, and appeals to the Supreme Court from NCLT and NCLAT for the general route.
Section 53U: power to punish for contempt
The Appellate Tribunal "shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971) shall have effect subject to modifications that, (a) the reference therein to a High Court shall be construed as including a reference to the Appellate Tribunal; (b) the references to the Advocate-General in section 15 of the said Act shall be construed as a reference to such Law Officer as the Central Government may, by notification, specify in this behalf." No such notification is in the sources consulted.
How these sections connect after 2023
The 2023 change moves the penal consequence of disobeying a Tribunal order from a penalty and imprisonment decided by the Chief Metropolitan Magistrate, Delhi to contempt proceedings under Section 53U. The contempt route uses the powers of a High Court as modelled by Section 53U. Compare Section 42(3), which keeps the Chief Metropolitan Magistrate route for Commission orders: see Sections 42 and 42A.
What the 2023 Amendment Act changed
| Provision | Before (consolidated text) | After (as amended by the Competition (Amendment) Act, 2023) |
|---|---|---|
| Section 53Q(1), consequence | Penalty up to rupees one crore or imprisonment up to three years or both, as the Chief Metropolitan Magistrate, Delhi may deem fit | "Liable for contempt proceeding under section 53U" |
| Section 53Q(1), proviso | Complaint by an officer authorised by the Appellate Tribunal | Not in the substituted text |
| Section 53Q(2), 53S, 53T, 53U | As printed | Same |
| Section 53R | Omitted by the Finance Act, 2017 | Same |
Practical example
Meridian Steels Ltd (invented) loses an appeal and is ordered by the Appellate Tribunal to stop a pricing practice. It continues without any reasonable ground. After the 2023 change, the consequence is contempt proceedings under Section 53U, and a customer that lost money may apply under Section 53Q(2) for compensation. Separately, Meridian may file an appeal to the Supreme Court within sixty days of the order being communicated to it, and it may appear through a chartered accountant, company secretary, cost accountant, legal practitioner or one of its officers before the Tribunal.
Need help with an appeal or a contempt notice?
Sixty days pass quickly. Our legal dispute resolution team can examine the Tribunal's order, prepare the appeal or respond to contempt proceedings. For related reading, see Sections 53O and 53P on procedure and execution.
Key takeaways
- After 2023, contravening a Tribunal order without reasonable ground leads to contempt proceedings under Section 53U.
- Section 53Q(2) still allows a compensation application.
- A person may appear in person or through the representatives listed in Section 53S.
- A Supreme Court appeal lies within sixty days of communication, with a sufficient-cause proviso.
- Section 53R is omitted.
Read next
- Section 53B: appeal, time limit and deposit
- Sections 53O and 53P: procedure, powers and execution
- Section 53A: the Appellate Tribunal and its jurisdiction
- Appearing before the CCI
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.