Establishment of Commission
7. (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 shall, 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.
Composition of Commission
8. (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.
Selection of Chairperson and other Members
9. The Chairperson and other Members shall be selected in the manner as may be prescribed.
Term of office of Chairperson and other Members
10. (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 with 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 functions.
Resignation, removal and suspension of Chairperson and other members
11. (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 appointed 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 subsection unless the Supreme Court, on a
reference being made to it in this behalf by the Central 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.
Restriction on employment of Chairperson and other Members in certain cases
12. 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 management 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 Act or a Government company as defined in
section 617 of the Companies Act, 1956 (1 of 1956).
Financial and administrative powers of Member Administration
13. 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 Central
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 delegated powers continue to act under the direction,
superintendence and control of the Member Administration.
Salary and allowances and other terms and conditions of service of Chairperson and other
Members
14. (1) The salary, and the other terms and conditions of service, of the Chairperson and other Members,
including travelling expenses, house rent allowance 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.
Vacancy, etc. not to invalidate proceedings of Commission
15. 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.
Appointment of Director General, etc.
16. (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
fit, 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 under 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 General.
(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.
Registrar and officers and other employees of Commission
17. (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.