Indian Bare Acts

Search Alphabatically :

THE COMPETITION ACT, 2002

Title : THE COMPETITION ACT, 2002

Year : 2002



CHAPTER III

COMPETITION COMMISSION OF INDIA


7.Establishment of Commission.



7. Establishment of Commission.-(1) With effect from such date as the
Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Commission to be called the "Competition Commission of India".

(2) The Commission shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and hall, by the said name, sue or be sued.

(3) The head office of the Commission shall be at such place as the
Central Government may decide from time to time.

(4) The Commission may establish offices at other places in India.


8.Composition of Commission.



8. Composition of Commission.-(1) The Commission shall consist of a
Chairperson and not less than two and not more than ten other Members to be appointed by the Central Government :

Provided that the Central Government shall appoint the Chairperson and a Member during the first year of the establishment of the Commission.

(2) The Chairperson and every other Member shall be a person of ability, integrity and standing and who, has been, or is qualified to be, a judge of a High Court, or, has special knowledge of, and professional experience of not less than fifteen years in international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration or in any other matter which, in the opinion of the Central Government, may be useful to the Commission.

(3) The Chairperson and other Members shall be whole-time Members.


9.Selection of Chairperson and other Members.



9. Selection of Chairperson and other Members.-The Chairperson and other Members shall be selected in the manner as may be prescribed.


10.Term of office of Chairperson and other Members.



10. Term of office of Chairperson and other Members.-(1) 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:

Provided that no Chairperson or other Member shall hold office as such after he has attained,-

(a) in the case of the Chairperson, the age of sixty-seven years;

(b) in the case of any other Member, the age of sixty-five years.

(2) A vacancy caused by the resignation or removal of the Chairperson or any other Member under section 11 or by death or otherwise shall be filled by fresh appointment in accordance with the provisions of sections 8 and 9.(3) The Chairperson and every other Member shall, before entering upon his office, make and subscribe to an oath of office and of secrecy in such form, manner and before such authority, as may be prescribed.

(4) In the event of the occurrence of a vacancy in the office of the
Chairperson by reason of his death, resignation or otherwise, the senior-most Member shall act as the Chairperson, until the date on which a new Chairperson, appointed in accordance wit the provisions of this Act to fill such vacancy, enters upon his office.

(5) When the Chairperson is unable to discharge his functions owing to 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 function .


11.Resignation, removal and suspension of Chairperson and other Members.



11. Resignation, removal and suspension of Chairperson and other
Members.-(1) The Chairperson or any other Member may, by notice in writing under his hand addressed to the Central Government, resign his office:

Provided that the Chairperson or a Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly app inted as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

(2) Notwithstanding anything contained in sub-section (1), the Central
Government may, by order, remove the Chairperson or any other Member from his office if such Chairperson or Member, as the case may be,-

(a) is, or at any time has been, adjudged as an insolvent; or

(b) has engaged at any time, during his term of office, in any paid employment; or

(c) has been convicted of an offence which, in the opinion of the
Central Government, involves moral turpitude; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or

(f) has become physically or mentally incapable of acting as a Member.

(3) Notwithstanding anything contained in 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 entral 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.


12.Restriction on employment of Chairperson and other Members in certaincases.



12. Restriction on employment of Chairperson and other Members in certain cases.-The Chairperson and other Members shall not, for a period of one year from the date on which they cease to hold office, accept any employment in, or connected with the manag ment or administration of, any enterprise which has been a party to a proceeding before the Commission under this Act:

Provided that nothing contained in this section shall apply to any employment under the Central Government or a State Government or local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial ct or a Government company as defined in section 617 of the Companies Act, 1956 (1 of
1956).


13.Financial and administrative powers of Member Administration.



13. Financial and administrative powers of Member Administration.-The
Central Government shall designate any Member as Member Administration who shall exercise such financial and administrative powers as may be vested in him under the rules made by the C ntral Government:

Provided that the Member Administration shall have authority to delegate such of his financial and administrative powers as he may think fit to any other officer of the Commission subject to the condition that such officer shall, while exercising such de egated powers continue to act under the direction, superintendence and control of the Member Administration.


14.Salary and allowances and other terms and conditions of service ofChairperson and other Members.



14. Salary and allowances and other terms and conditions of service of Chairperson and other Members.-(1) The salary, and the other terms and conditions of service, of the Chairperson and other Members, including travelling expenses, house rent allowanc and conveyance facilities, sumptuary allowance and medical facilities shall be such as may be prescribed.

(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member shall not be varied to his disadvantage after appointment.


15.Vacancy, etc., not to invalidate proceedings of Commission.



15. Vacancy, etc., not to invalidate proceedings of Commission.-No act or proceeding of the Commission shall be invalid merely by reason of-

(a) any vacancy in, or any defect in the constitution of, the
Commission; or

(b) any defect in the appointment of a person acting as a Chairperson or as a Member; or

(c) any irregularity in the procedure of the Commission not affecting the merits of the case.


16.Appointment of Director-General, etc.



16. Appointment of Director-General, etc.-(1) The Central Government may, by notification, appoint a Director General and as many
Additional, Joint, Deputy or Assistant Directors General or such other advisers, consultants or officers, as it may think fi , for the purposes of assisting the Commission in conducting inquiry into contravention of any of the provisions of this Act and for the conduct of cases before the Commission and for performing such other functions as are, or may be, provided by or unde this Act.

(2) Every Additional, Joint, Deputy and Assistant Directors General or such other advisers, consultants and officers, shall exercise his powers, and discharge his functions, subject to the general control, supervision and direction of the Director Genera .

(3) The salary, allowances and other terms and conditions of service of the Director General and Additional, Joint, Deputy and Assistant
Directors General or such other advisers, consultants or officers, shall be such as may be prescribed.

(4) The Director General and Additional, Joint, Deputy and Assistant
Directors General or such other advisers, consultants or officers shall be appointed from amongst persons of integrity and outstanding ability and who have experience in investigation, and knowledge of accountancy, management, business, public administration, international trade, law or economics and such other qualifications as may be prescribed.


17.Registrar and officers and other employees of Commission.



17. Registrar and officers and other employees of Commission.-(1) The
Commission may appoint a Registrar and such officers and other employees as it considers necessary for the efficient performance of its functions under this Act.

(2) The salaries and allowances payable to and other terms and conditions of service of the Registrar and officers and other employees of the Commission and the number of such officers and other employees shall be such as may be prescribed.


CHAP

DUTIES, POWERS AND FUNCTIONS OF COMMISSION
Last updated on May, 2015
Title : THE COMPETITION ACT, 2002

Year : 2002



CHAPTER III

COMPETITION COMMISSION OF INDIA


7.Establishment of Commission.



7. Establishment of Commission.-(1) With effect from such date as the
Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Commission to be called the "Competition Commission of India".

(2) The Commission shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and hall, by the said name, sue or be sued.

(3) The head office of the Commission shall be at such place as the
Central Government may decide from time to time.

(4) The Commission may establish offices at other places in India.


8.Composition of Commission.



8. Composition of Commission.-(1) The Commission shall consist of a
Chairperson and not less than two and not more than ten other Members to be appointed by the Central Government :

Provided that the Central Government shall appoint the Chairperson and a Member during the first year of the establishment of the Commission.

(2) The Chairperson and every other Member shall be a person of ability, integrity and standing and who, has been, or is qualified to be, a judge of a High Court, or, has special knowledge of, and professional experience of not less than fifteen years in international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration or in any other matter which, in the opinion of the Central Government, may be useful to the Commission.

(3) The Chairperson and other Members shall be whole-time Members.


9.Selection of Chairperson and other Members.



9. Selection of Chairperson and other Members.-The Chairperson and other Members shall be selected in the manner as may be prescribed.


10.Term of office of Chairperson and other Members.



10. Term of office of Chairperson and other Members.-(1) 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:

Provided that no Chairperson or other Member shall hold office as such after he has attained,-

(a) in the case of the Chairperson, the age of sixty-seven years;

(b) in the case of any other Member, the age of sixty-five years.

(2) A vacancy caused by the resignation or removal of the Chairperson or any other Member under section 11 or by death or otherwise shall be filled by fresh appointment in accordance with the provisions of sections 8 and 9.(3) The Chairperson and every other Member shall, before entering upon his office, make and subscribe to an oath of office and of secrecy in such form, manner and before such authority, as may be prescribed.

(4) In the event of the occurrence of a vacancy in the office of the
Chairperson by reason of his death, resignation or otherwise, the senior-most Member shall act as the Chairperson, until the date on which a new Chairperson, appointed in accordance wit the provisions of this Act to fill such vacancy, enters upon his office.

(5) When the Chairperson is unable to discharge his functions owing to 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 function .


11.Resignation, removal and suspension of Chairperson and other Members.



11. Resignation, removal and suspension of Chairperson and other
Members.-(1) The Chairperson or any other Member may, by notice in writing under his hand addressed to the Central Government, resign his office:

Provided that the Chairperson or a Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly app inted as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

(2) Notwithstanding anything contained in sub-section (1), the Central
Government may, by order, remove the Chairperson or any other Member from his office if such Chairperson or Member, as the case may be,-

(a) is, or at any time has been, adjudged as an insolvent; or

(b) has engaged at any time, during his term of office, in any paid employment; or

(c) has been convicted of an offence which, in the opinion of the
Central Government, involves moral turpitude; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or

(f) has become physically or mentally incapable of acting as a Member.

(3) Notwithstanding anything contained in 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 entral 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.


12.Restriction on employment of Chairperson and other Members in certaincases.



12. Restriction on employment of Chairperson and other Members in certain cases.-The Chairperson and other Members shall not, for a period of one year from the date on which they cease to hold office, accept any employment in, or connected with the manag ment or administration of, any enterprise which has been a party to a proceeding before the Commission under this Act:

Provided that nothing contained in this section shall apply to any employment under the Central Government or a State Government or local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial ct or a Government company as defined in section 617 of the Companies Act, 1956 (1 of
1956).


13.Financial and administrative powers of Member Administration.



13. Financial and administrative powers of Member Administration.-The
Central Government shall designate any Member as Member Administration who shall exercise such financial and administrative powers as may be vested in him under the rules made by the C ntral Government:

Provided that the Member Administration shall have authority to delegate such of his financial and administrative powers as he may think fit to any other officer of the Commission subject to the condition that such officer shall, while exercising such de egated powers continue to act under the direction, superintendence and control of the Member Administration.


14.Salary and allowances and other terms and conditions of service ofChairperson and other Members.



14. Salary and allowances and other terms and conditions of service of Chairperson and other Members.-(1) The salary, and the other terms and conditions of service, of the Chairperson and other Members, including travelling expenses, house rent allowanc and conveyance facilities, sumptuary allowance and medical facilities shall be such as may be prescribed.

(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member shall not be varied to his disadvantage after appointment.


15.Vacancy, etc., not to invalidate proceedings of Commission.



15. Vacancy, etc., not to invalidate proceedings of Commission.-No act or proceeding of the Commission shall be invalid merely by reason of-

(a) any vacancy in, or any defect in the constitution of, the
Commission; or

(b) any defect in the appointment of a person acting as a Chairperson or as a Member; or

(c) any irregularity in the procedure of the Commission not affecting the merits of the case.


16.Appointment of Director-General, etc.



16. Appointment of Director-General, etc.-(1) The Central Government may, by notification, appoint a Director General and as many
Additional, Joint, Deputy or Assistant Directors General or such other advisers, consultants or officers, as it may think fi , for the purposes of assisting the Commission in conducting inquiry into contravention of any of the provisions of this Act and for the conduct of cases before the Commission and for performing such other functions as are, or may be, provided by or unde this Act.

(2) Every Additional, Joint, Deputy and Assistant Directors General or such other advisers, consultants and officers, shall exercise his powers, and discharge his functions, subject to the general control, supervision and direction of the Director Genera .

(3) The salary, allowances and other terms and conditions of service of the Director General and Additional, Joint, Deputy and Assistant
Directors General or such other advisers, consultants or officers, shall be such as may be prescribed.

(4) The Director General and Additional, Joint, Deputy and Assistant
Directors General or such other advisers, consultants or officers shall be appointed from amongst persons of integrity and outstanding ability and who have experience in investigation, and knowledge of accountancy, management, business, public administration, international trade, law or economics and such other qualifications as may be prescribed.


17.Registrar and officers and other employees of Commission.



17. Registrar and officers and other employees of Commission.-(1) The
Commission may appoint a Registrar and such officers and other employees as it considers necessary for the efficient performance of its functions under this Act.

(2) The salaries and allowances payable to and other terms and conditions of service of the Registrar and officers and other employees of the Commission and the number of such officers and other employees shall be such as may be prescribed.


CHAP

DUTIES, POWERS AND FUNCTIONS OF COMMISSION
Last updated on May, 2015

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female