Title : Amendment of Section 4
State : Central
Year : 2007
1[In section 4 of the principal Act,-- (i) for sub-section (1), the following sub-section shall be substituted, namely:-- "(1) No enterprise or group shall abuse its dominant position."; (ii) in sub-section (2),-- (a) for the words, brackets and figure "under sub-section (1), if an enterprise", the words, brackets and figure "under sub-section (1), if an enterprise or a group" shall be substituted; (b) in clause (c), after the word "access", the words "in any manner" shall be inserted; (iii) after sub-section (2), in the Explanation, after clause (b), the following clause shall be inserted, namely:-- '(c) "group" shall have the same meaning as assigned to it in clause (b) of the Explanation to section 5.'.] __________________________ 1. Effective date 20th May 2009-..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 6
State : Central
Year : 2007
In section 6 of the principal Act, in sub-section (2),-- (a) for the words "may, at his or its option,", the word "shall" shall be substituted; (b) for the words "seven days", the words "thirty days" shall be substituted; (c) after sub-section (2), the following sub-section shall be inserted, namely:-- "(2A) No combination shall come into effect until two hundred and ten days have passed from the day on which the notice has been given to the Commission under sub-section (2) or the Commission has passed orders under section 31, whichever is earlier.". View Complete Act List Judgments citing this sectionTitle : Substitution of New Section for Section 8
State : Central
Year : 2007
For section 8 of the principal Act, the following section shall be substituted, namely:-- "8. Composition of Commission-(1) The Commission shall consist of a Chairperson and not less than two and not more than six other Members to be appointed by the Central Government. (2) The Chairperson and every other Member shall be a person of ability, integrity and standing and who has special knowledge of, and such professional experience of not less than fifteen years in, international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs or competition matters, including competition law and policy, which in the opinion of the Central Government, may be useful to the Commission. (3) The Chairperson and other Members shall be whole-time..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Section for Section 9
State : Central
Year : 2007
For section 9 of the principal Act, the following section shall be substituted, namely:-- "9. Selection Committee for Chairperson and Members of Commission-(1) The Chairperson and other Members of the Commission shall be appointed by the Central Government from a panel of names recommended by a Selection Committee consisting of-- (a) the Chief Justice of India or his nominee............Chairperson; (b) the Secretary in the Ministry of Corporate Affairs.............Member; (c) the Secretary in the Ministry of Law and Justice...............Member; (d) two experts of repute who have special knowledge of, and professional experience in international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs or competition matters..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Section for Section 13
State : Central
Year : 2007
1[For section 13 of the principal Act, the following section shall be substituted, namely:-- "13. Administrative powers of Chairpersons-The Chairperson shall have the powers of general superintendence, direction and control in respect of all administrative matters of the Commission: Provided that the Chairperson may delegate such of his powers relating to administrative matters of the Commission, as he may think fit, to any other Member or officer of the Commission.".] __________________________ 1. Effective date 20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1242(E) dated 15.05.2009. View Complete Act List Judgments citing this sectionTitle : Amendment of Section 21
State : Central
Year : 2007
1[In section 21 of the principal Act,-- (a) in sub-section (1), the following proviso shall be inserted, namely: -- "Provided that any statutory authority, may, suo motu, make such a reference to the Commission."; (b) for sub-section (2), the following sub-section shall be substituted, namely: -- "(2) On receipt of a reference under sub-section (1), the Commission shall give its opinion, within sixty days of receipt of such reference, to such statutory authority which shall consider the opinion of the Commission and thereafter, give its findings recording reasons therefor on the issues referred to in the said opinion."] __________________________ 1. Effective date 20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1242(E) dated 15.05.2009. ..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Section for Section 22
State : Central
Year : 2007
For section 22 of the principal Act, the following section shall be substituted, namely:-- "22. Meetings of Commission-(1) The Commission shall meet at such times and such places, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations. (2) The Chairperson, if for any reason, is unable to attend a meeting of the Commission, the senior-most Member present at the meeting, shall preside at the meeting. (3) All questions which come up before any meeting of the Commission shall be decided by a majority of the Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the Member presiding, shall have a second or casting vote: Provided that the quorum for such..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 29
State : Central
Year : 2007
In section 29 of the principal Act, -- (a) in sub-section (1), after the words "Where the Commission is of the", the words "prima facie" shall be inserted; (b) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) After receipt of the response of the parties to the combination under sub-section (1), the Commission may call for a report from the Director General and such report shall be submitted by the Director General within such time as the Commission may direct."; (c) in sub-section (2), after the words "parties to the combination", the words, brackets, figure and letter "or the receipt of the report from Director General called under sub-section (1A), whichever is later" shall be inserted. View Complete Act List Judgments citing this sectionTitle : Amendment of Section 31
State : Central
Year : 2007
In section 31 of the principal Act, in sub-section (11),-- (a) for the words, brackets and figures "ninety working days from the date of publication referred to in sub-section (2) of section 29", the words, brackets and figures "two hundred and ten days from the date of notice given to the Commission under sub-section (2) of section 6" shall be substituted; (b) in the Explanation, for the words "ninety working", the words "two hundred and ten" shall be substituted. View Complete Act List Judgments citing this sectionTitle : Insertion of New Section 43a
State : Central
Year : 2007
After section 43 of the principal Act, the following section shall be inserted, namely:-- "43A. Power to impose penalty for non-furnishing of information on combinations-If any person or enterprise who fails to give notice to the Commission under sub-section (2) of section 6, the Commission shall impose on such person or enterprise a penalty which may extend to one per cent. of the total turnover or the assets, whichever is higher, of such a combination.". View Complete Act List Judgments citing this section