Chapter VIII - Miscellaneous
Section 106
Section 106: Power to Remove Difficulties
The Central Government could make a Gazette order consistent with the Act to remove difficulties during the two-year window after commencement.
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This article is for general information. Refer to the Consumer Protection Act, 2019 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
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.
Key takeaways
Statutory scope
The Central Government could make a Gazette order consistent with the Act to remove difficulties during the two-year window after commencement.
Key limit
The express time limit confines new orders under this power.
Practical response
When relying on a removal-of-difficulties order, check its Gazette publication date, statutory basis and continuing effect.
Apply the statutory test
Check both the Gazette date and the Act’s commencement date when evaluating an order.
Prepare the response
When relying on a removal-of-difficulties order, check its Gazette publication date, statutory basis and continuing effect.
Do not assume the Government can now issue a fresh order under an expired two-year power.
Illustrative example
A team finds an old implementation order and confirms it was made within the permitted window before citing it.
Official sources
Practical checklist
Do
- When relying on a removal-of-difficulties order, check its Gazette publication date, statutory basis and continuing effect.
- Keep dated records of the relevant goods, notices, decisions and official communications.
Avoid
- Do not assume the Government can now issue a fresh order under an expired two-year power.
Glossary
- Removal-of-difficulties order
- A Gazette order made under this transitional power to address an implementation difficulty.
Frequently asked questions
Is the removal-of-difficulties power open-ended?
No. The proviso bars an order made more than two years after the Act’s commencement.
Can such an order contradict the Act?
No. The main clause requires consistency with the Act.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026