Title : THE COMPETITION ACT, 2002 Year : 2002
42.Contravention of orders of Commission.
42. Contravention of orders of Commission.-(1) Without prejudice to the provisions of this Act, if any person contravenes, without any reasonable ground, any order of the Commission, or any condition or restriction subject to which any approval, sanction direction or exemption in relation to any matter has been accorded, given, made or granted under this Act or fails to pay the penalty imposed under this
Act, he shall be liable to be detained in civil prison for a term which may extend to one year, unl ss in the meantime the Commission directs his release and he shall also be liable to a penalty not exceeding rupees ten lakhs.
(2) The Commission may, while making an order under this Act, issue such directions to any person or authority, not inconsistent with this
Act, as it thinks necessary or desirable, for the proper implementation or execution of the order, and any person w o commits breach of, or fails to comply with, any obligation imposed on him under such direction, may be ordered by the Commission to be detained in civil prison for a term not exceeding one year unless in the to a penalty not exceeding rupees ten lakhs. meantime the Commission directs his release nd he shall also be liable
43.Penalty for failure to comply with directions of Commission andDirector-General.
43. Penalty for failure to comply with directions of Commission and
Director-General.-If any person fails to comply with a direction given by-
(a) the Commission under sub-section (5) of section 36; or
(b) the Director General while exercising powers referred to in sub-section (2) of section 41,
the Commission shall impose on such person a penalty of rupees one lakh for each day during which such failure continues.
44.Penalty for making false statement or omission to furnish materialinformation.
44. Penalty for making false statement or omission to furnish material information.-If any person, being a party to a combination,-
(a) makes a statement which is false in any material particular, or knowing it to be false; or
(b) omits to state any material particular knowing it to be material, such person shall be liable to a penalty which shall not be less than rupees fifty lakhs but which may extend to rupees one crore, as may be determined by the Commission.
45.Penalty for offences in relation to furnishing of information.
45. Penalty for offences in relation to furnishing of information.-(1) Without prejudice to the provisions of section 44, if any person, who furnishes or is required to furnish under this Act any particulars, documents or any information,-
(a) makes any statement or furnishes any document which he knows or has reason to believe to be false in any material particular; or
(b) omits to state any material fact knowing it to be material; or
(c) wilfully alters, suppresses or destroys any document which is required to be furnished as aforesaid,
the Commission shall impose on such person a penalty which may extend to rupees ten lakhs.
(2) Without prejudice to the provisions of sub-section (1), the
Commission may also pass such other order as it deems fit.
46.Power to impose lesser penalty.
46. Power to impose lesser penalty.-The Commission may, if it is satisfied that any producer, seller, distributor, trader or service provider included in any cartel, which is alleged to have violated section 3, has made a full and true disclosure in resp ct of the alleged violations and such disclosure is vital, impose upon such producer, seller, distributor, trader or service provider a lesser penalty as it may deem fit, than leviable under this Act or the rules or the regulations:
Provided that lesser penalty shall not be imposed by the Commission in cases where proceedings for the violation of any of the provisions of this Act or the rules or the regulations have been instituted or any investigation has been directed to be made u der section 26 before making of such disclosure: Provided further that lesser penalty shall be imposed by the Commission only in respect of a producer, seller, distributor, trader or service provider included in the cartel, who first made the full, true and vital disclosures under this section:
Provided also that the Commission may, if it is satisfied that such producer, seller, distributor, trader or service provider included in the cartel had in the course of proceedings,-
(a) not complied with the condition on which the lesser penalty was imposed by the Commission; or
(b) had given false evidence; or
(c) the disclosure made is not vital,
and thereupon such producer, seller, distributor, trader or service provider may be tried for the offence with respect to which the lesser penalty was imposed and shall also be liable to the imposition of penalty to which such person has been liable, had lesser penalty not been imposed.
47.Crediting sums realized by way of penalties to Consolidated Fund ofIndia.
47. Crediting sums realised by way of penalties to Consolidated Fund of India.-All sums realised by way of penalties under this Act shall be credited to the Consolidated Fund of India.
48.Contravention by companies.
48. Contravention by companies.-(1) Where a person committing contravention of any of the provisions of this Act or of any rule, regulation, order made or direction issued thereunder is a company, every person who, at the time the contravention was commi ted, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.
(2) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule, regulation, order made or direction issued thereunder has been committed by a company and it is proved that the contrave tion has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guil y of that contravention and shall be liable to be proceeded against and punished accordingly.
Explanation.-For the purposes of this section,-
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Last updated on May, 2015