Director General To Investigate Contravention (Section 41)

Director-General (Section 16)
 The Central Government appoints a Director General for the purposes of assisting the
Commission in conducting inquiry into contravention of any of the provisions of this
Act and for performing such other functions as are, or may be, provided by or under
this Act.
 The number of other Additional, Joint, Deputy or Assistant Directors General or such
officers or other employees in the office of Director General and the manner of
appointment of such Additional, Joint, Deputy or Assistant Directors General or such
officers or other employees shall be such as may be prescribed.
 Every Additional, Joint, Deputy and Assistant Directors General or such officers or
other employees, shall exercise his powers, and discharge his functions, subject to the
general control, supervision and direction of the Director General.
 The Director General and Additional, Joint, Deputy and Assistant Directors General
or such officers or other employees 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.
Director General to investigate contravention (Section 41)

 The Director General shall, when so directed by the Commission, assist the
Commission in investigating into any contravention of the provisions of this Act or
any rules or regulations made thereunder.
 The Director General shall have all the powers as are conferred upon the Commission
under sub-section (2) of section 36.
Extra-Territorial Jurisdiction (Section 32)

 The Commission shall also have power to inquire into any agreement or abuse of
dominant position or combination if such agreement or dominant position or
combination has, or is likely to have, an appreciable adverse effect on competition in
the relevant market in India and pass such orders as it may deem fit in accordance
with the provisions of this Act.
Notwithstanding that—
(a) an agreement referred to in section 3 has been entered into outside India; or
(b) any party to such agreement is outside India; or
(c) any enterprise abusing the dominant position is outside India; or
(d) a combination has taken place outside India; or
(e) any party to combination is outside India; or
(f) any other matter or practice or action arising out of such agreement or dominant
position or combination is outside India.
Awarding compensation (Section 53N)
 The Central Government or a State Government or a local authority or any enterprise or
any person may make an application to the Appellate Tribunal to adjudicate on claim for
compensation that may arise from the findings of the Commission or the orders of the
Appellate Tribunal in an appeal against any findings of the Commission or under section
42A or under sub-section (2) of section 53Q of the Act, and to pass an order for the
recovery of compensation from any enterprise for any loss or damage shown to have been
suffered, by the Central Government or a State Government or a local authority or any
enterprise or any person as a result of any contravention of the provisions of Chapter II,
having been committed by enterprise.
 The Appellate Tribunal may, after an inquiry made into the allegations mentioned in the
application made under sub-section (1), pass an order directing the enterprise to make
payment to the applicant, of the amount determined by it as realisable from the enterprise
as compensation for the loss or damage caused to the applicant as a result of any
contravention of the provisions of Chapter II having been committed by such enterprise:
Provided that the Appellate Tribunal may obtain the recommendations of the Commission
before passing an order of compensation.
 Where any loss or damage referred to in sub-section (1) is caused to numerous persons
having the same interest, one or more of such persons may, with the permission of the
Appellate Tribunal, make an application under that sub-section for and on behalf of, or
for the benefit of, the persons so interested, and thereupon, the provisions of rule 8 of
Order 1 of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall
apply subject to the modification that every reference therein to a suit or decree shall be
construed as a reference to the application before the Appellate Tribunal and the order of
the Appellate Tribunal thereon.
Appeal to Supreme Court (Section 53 T)

 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:
Provided that the Supreme court may, if it is satisfied that the applicant was prevented by
sufficient cause from filing the appeal within the said period, allow it to be filed after the
expiry of the said period of sixty days.
Competition Advocacy (Section 49)
 The Central Government may, in formulating a policy on competition (including
review of laws related to competition) or any other matter, and a State Government
may, in formulating a policy on competition or on any other matter, as the case may
be, make a reference to the Commission for its opinion on possible effect of such
policy on competition and on the receipt of such a reference, the Commission shall,
within sixty days of making such reference, give its opinion to the Central
Government, or the State Government, as the case may be, which may thereafter take
further action as it deems fit.
 The opinion given by the Commission under sub-section (1) shall not be binding upon
the Central Government or the State Government, as the case may be in formulating
such policy.
 The Commission shall take suitable measures for the promotion of competition
advocacy, creating awareness and imparting training about competition issues.

Director General To Investigate Contravention (Section 41)

Uploaded by

Copyright:

Available Formats

Director General To Investigate Contravention (Section 41)

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Director General To Investigate Contravention (Section 41)

Uploaded by

Copyright:

Available Formats

Director-General (Section 16)

Director General to investigate contravention (Section 41)

Extra-Territorial Jurisdiction (Section 32)

Appeal to Supreme Court (Section 53 T)

You might also like