Section 63:
Power to make rules
(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or
amalgamated in India under clause (e) of section 5;
(ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause
(b) of the Explanation to section 5;
(ac) the criteria of combinations under sub-section (4) of section 6;
(ad) the criteria under sub-section (7) of section 6;]
2[
3[(ae)] the term of the Selection Committee and the manner of selection of panel of names
under sub-section (2) of section 9;]
(b) the form and manner in which and the authorit
y before whom the oath of office and of secrecy
shall be made and subscribed to under sub-section (3) of section 10;
4* * * * *
(d) the salary and the other terms and conditions of service including travelling expenses, house
rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided
to the Chairperson and other Members under sub-section (1) of section 14;
5[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or
other employees in the office of Director General and the manner in which such Additional, Joint,
Deputy or Assistant Directors General or such officers or other employees may be appointed under
sub- section (1A) of section 16;]
(e) the salary, allowances and other terms and conditions of service of the Director General,
Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under
sub-section (3) of section16;
(f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or
Assistant Directors General or 10[such officers or other employees] under sub-section (4) of section 16;
(g) the salaries and allowances and other terms and conditions of service of the 7[Secretary] and
officers and other employees payable, and the number of such officers and employees under
sub-section (2) of section17;
8 * * * *
(k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of
section 52;
(l) the time within which and the form and manner in which the Commission may furnish returns,
statements and such particulars as the Central Government may require under sub-section (1) of
section 53;
(m) the form in which and the time within which the annual report shall be prepared under
sub-section (2) of section 53;
9[(ma) the form in which an appeal may be filed before the Appellate Tribunal under
sub-section (2) of section 53B and the fees payable in respect of such appeal;
10 * * * *
(me) the fee which shall be accompanied with every application made under sub-section (2) of
section 53N;
(mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the
Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while
trying a suit;]
11[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;]
12[(n) the manner in which the monies transferred to the Competition Commission of India or the
Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may
be, under the fourth proviso to sub-section (2) of section 66;]
(o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to
be, or may be, made by rules.
(3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made
under this Act by the Central Government shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the notification or rule, or both Houses agree that the notification should not be issued or rule should
not be made, the notification or rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that notification or rule, as the case may be.
Notes:
1. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007).
3. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
4 Cl. (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007).5. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007).
6. Subs. by s. 48, ibid., for "such other advisers, consultants or officers" (w.e.f. 12-10-2007).
7. Subs. by s. 48, ibid., for "Registrar" (w.e.f. 12-10-2007).
8. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007).
9. Ins. by s. 48 (w.e.f. 12-10-2007).
10. Clauses (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017).
11. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
12. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007).