PUBLISHED IN THE GAZETTE OF
INDIA,
PART-II, SECTION 3, SUB-SECTION (i),
EXTRAORDINARY DATED 04.04.2003
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(DEPARTMENT
OF COMPANY AFFAIRS)
Dated
New Delhi the 4th April,
2003
G.S.R.
303(E).- In exercise of the powers conferred by
clause (a) of sub-section (2) of section 63, read with section 9, of the
Competition Act, 2002 (12 of 2003), the Central Government hereby makes the
following rules, namely: -
1. Short title and commencement.- (1) These rules may be called the
Competition Commission of India (Selection of Chairperson and other Members of
the Commission) Rules, 2003.
(2) They shall come
into force on the date of their publication in the Official
Gazette.
2. Definitions.- (1) In these rules, unless
the context otherwise requires,-
(a) 'Act' means the
Competition Act, 2002 (12 of 2003);
(b) 'Commission'
means the Competition Commission of India established under sub-section (1) of
section 7 of the Act;
(c) 'Committee' means
the committee constituted under sub-rule (1) of rule 3.
(2) Words and
expressions used but not defined in these rules and defined in the Competition
Act, 2002 (12 of 2003) shall have the same meaning assigned to them in that
Act.
3. Constitution of committee.- (1) The Central Government shall
constitute a committee for the selection of Chairperson and other Members of the
Commission.
(2)
The
committee shall consist of; -
(a)
a
person, who has been a retired judge of the Supreme Court or a High Court or a
retired Chairperson of a Tribunal established or constituted under an Act of
Parliament or a distinguished jurist or a Senior Advocate for five years or
more;......... Member,
(b)
a
person who has special knowledge of, and professional experience of twenty-five
years or more in international trade, economics, business, commerce or
industry;.......Member,
(c)
a
person who has special knowledge of, and professional experience of twenty-five
years or more in accountancy, management, finance, public affairs or
administration;.......... Member,
to
be nominated by the Central Government.
(3) The Central
Government shall nominate one of the Members of the committee to act as the
Chairperson of the committee.
(4) The Joint
Secretary in the Ministry of Finance and Company Affairs (Department of Company
Affairs) dealing with the Competition Act, 2002 (12 of 2003) shall be the
Convenor of the committee.
(5) The term of the
committee constituted under sub-rule (1) shall be for a period of one hundred
and twenty days from the date of its constitution.
4. Functions of committee.- (1) As and when
vacancies of Chairperson or a Member in the Commission exist or arise, or are
likely to arise, the Central Government may make a reference to the committee in
respect of the vacancies to be filled.
(2) The committee
shall devise its own procedure for purpose of the selection of the Chairperson
or a Member of the Commission.
(3) The committee
shall recommend a person, or a panel of not more than three persons in order of
priority, as the committee may think fit, in respect of each vacancy that has
been referred to the committee.
(4) The committee
shall make its recommendations to the Central Government, within a period not
exceeding ninety days.
(5) If the members of
the committee differ in making its recommendation, the recommendation of
selection of the Chairperson or a member of the Competition Commission of India
shall be decided by the majority of the members of the committee.
5. Vacancy etc., not to invalidate
proceedings of the committee.- No act or procedure of the committee
shall be invalid merely by reason of any vacancy in the
committee.
[F.
No.1/6/2003-CL.V]
RAJIV
MEHRISHI
Joint
Secretary