Duties of Commission
18. Subject to the provisions of this Act, it shall be the duty of the Commission to eliminate practices
having adverse effect on competition, promote and sustain competition, protect the interests of
consumers and ensure freedom of trade carried on by other participants, in markets in India:
Provided that the Commission may, for the purpose of discharging its duties or performing its functions
under this Act, enter into any memorandum or arrangement with the prior approval of the Central
Government, with any agency of any foreign country.
Inquiry into certain agreements and dominant position of enterprise
19. (1) The Commission may inquire into any alleged contravention of the provisions contained in sub-
section (1) of section 3 or sub-section (1) of section 4 either on its own motion or on—
(a) receipt of a complaint, accompanied by such fee as may be determined by regulations, from
any person, consumer or their association or trade association; or
(b) a reference made to it by the Central Government or a State Government or a statutory
authority.
(2) Without prejudice to the provisions contained in sub-section (1), the powers and functions of the
Commission shall include the powers and functions specified in sub-sections (3) to (7).
(3) The Commission shall, while determining whether an agreement has an appreciable adverse effect on
competition under section 3, have due regard to all or any of the following factors, namely:—
(a) creation of barriers to new entrants in the market;
(b) driving existing competitors out of the market;
(c) foreclosure of competition by hindering entry into the market;
(d) accrual of benefits to consumers;
(e) improvements in production or distribution of goods or provision of services;
(f) promotion of technical, scientific and economic development by means of production or
distribution of goods or provision of services.
(4) The Commission shall, while inquiring whether an enterprise enjoys a dominant position or not under
section 4, have due regard to all or any of the following factors, namely:—
(a) market share of the enterprise;
(b) size and resources of the enterprise;
(c) size and importance of the competitors;
(d) economic power of the enterprise including commercial advantages over competitors;
(e) vertical integration of the enterprises or sale or service network of such enterprises;
(f) dependence of consumers on the enterprise;
(g) monopoly or dominant position whether acquired as a result of any statute or by virtue of being
a Government company or a public sector undertaking or otherwise;
(h) entry barriers including barriers such as regulatory barriers, financial risk, high capital cost of
entry, marketing entry barriers, technical entry barriers, economies of scale, high cost of
substitutable goods or service for consumers;
(i) countervailing buying power;
(j) market structure and size of market;
(k) social obligations and social costs;
(/) relative advantage, by way of the contribution to the economic development, by the enterprise
enjoying a dominant position having or likely to have an appreciable adverse effect on
competition;
(m) any other factor which the Commission may consider relevant for the inquiry.
(5) For determining whether a market constitutes a "relevant market" for the purposes of this Act, the
Commission shall have due regard to the "relevant geographic market'' and "relevant product market".
(6) The Commission shall, while determining the "relevant geographic market", have due regard to all or
any of the following factors, namely:—
(a) regulatory trade barriers;
(b) local specification requirements;
(c) national procurement policies;
(d) adequate distribution facilities;
(e) transport costs;
(f) language;
(g) consumer preferences;
(h) need for secure or regular supplies or rapid after-sales services.
(7) The Commission shall, while determining the "relevant product market", have due regard to all or any
of the following factors, namely:—
(a) physical characteristics or end-use of goods;
(b) price of goods or service;
(c) consumer preferences;
(d) exclusion of in-house production;
(e) existence of specialised producers;
(f) classification of industrial products.

Inquiry into combination by Commission
20. (1) The Commission may, upon its own knowledge or information relating to acquisition referred to in
clause (a) of section 5 or acquiring of control referred to in clause (b) of section 5 or merger or
amalgamation referred to in clause (c) of that section, inquire into whether such a combination has
caused or is likely to cause an appreciable adverse effect on competition in India:
Provided that the Commission shall not initiate any inquiry under this sub-section after the expiry of one
year from the date on which such combination has taken effect.
(2) The Commission shall, on receipt of a notice under sub-section (2) of section 6 or upon receipt of a
reference under sub-section (1) of section 21, inquire whether a combination referred to in that notice or
reference has caused or is likely to cause an appreciable adverse effect on competition in India.
(3) Notwithstanding anything contained in section 5, the Central Government shall, on the expiry of a
period of two years from the date of commencement of this Act and thereafter every two years, in
consultation with the Commission, by notification, enhance or reduce, on the basis of the wholesale price
index or fluctuations in exchange rate of rupee or foreign currencies, the value of assets or the value of
turnover, for the purposes of that section.
(4) For the purposes of determining whether a combination would have the effect of or is likely to have an
appreciable adverse effect on competition in the relevant market, the Commission shall have due regard
to all or any of the following factors, namely:—
(a) actual and potential level of competition through imports in the market;
(b) extent of barriers to entry into the market;
(c) level of combination in the market;
(d) degree of countervailing power in the market;
(e) likelihood that the combination would result in the parties to the combination being able to
significantly and sustainably increase prices or profit margins;
(f) extent of effective competition likely to sustain in a market;
(g) extent to which substitutes are available or arc likely to be available in the market;
(h) market share, in the relevant market, of the persons or enterprise in a combination, individually
and as a combination;
(i) likelihood that the combination would result in the removal of a vigorous and effective
competitor or competitors in the market;
(j) nature and extent of vertical integration in the market;
(k) possibility of a failing business;
(/) nature and extent of innovation;
(m) relative advantage, by way of the contribution to the economic development, by any
combination having or likely to have appreciable adverse effect on competition;
(n) whether the benefits of the combination outweigh the adverse impact of the combination, if any.
Reference by statutory authority
21. (1) Where in the course of a proceeding before any statutory authority an issue is raised by any party
that any decision which such statutory authority has taken or proposes to take. is or would be, contrary to
any of the provisions of this Act, then such statutory authority may make a reference in respect of such
issue to the Commission.
(2) On receipt of a reference under sub-section (1), the Commission shall, after hearing the parties to the
proceedings, give its opinion to such statutory authority which shall thereafter pass such order on the
issues referred to in that sub-section as it deems fit:
Provided that the Commission shall give its opinion under this section within sixty days of receipt of such
reference.
Benches of Commission
22. (1) The jurisdiction, powers and authority of the Commission may be exercised by Benches thereof.

(2) The Benches shall be constituted by the Chairperson and each Bench shall consist of not less than
two Members.
(3) Every Bench shall consist of at least one Judicial Member.
Explanation.—For the purposes of this sub-section, "Judicial Member" means a Member who is, or has
been, or is qualified to be, a Judge of a High Court.
(4) The Bench over which the Chairperson presides shall be the Principal Bench and the other Benches
shall be known as the Additional Benches.
(5) There shall be constituted by the Chairperson one or more Benches to be called the Mergers Bench
or Mergers Benches, as the case may be, exclusively to deal with matters referred to in sections 5 and 6.
(6) The places at which the Principal Bench, other Additional Bench or Mergers Bench shall ordinarily sit,
shall be such as the Central Government may, by notification, specify.
Distribution of business of Commission amongst Benches
23. (1) Where any Benches are constituted, the Chairperson may, from time to time, by order, make
provisions as to the distribution of the business of the Commission amongst the Benches and specify the
matters, which may be dealt with by each Bench.
(2) If any question arises as to whether any matter falls within the purview of the business allocated to a
Bench, the decision of the Chairperson thereon shall be final.
(3) The Chairperson may—
(i) transfer a Member from one Bench to another Bench; or
(ii) authorise the Members of one Bench to discharge also the functions of the Members of other
Bench:
Provided that the Chairperson shall transfer, with the prior approval of the Central Government, a
Member from one Bench situated in one city to another Bench situated in another city.
(4) The Chairperson may, for the purpose of securing that any case or matter which, having regard to the
nature of the questions involved, requires or is required in his opinion or under the rules made by the
Central Government in this behalf, to be decided by a Bench composed of more than two Members, issue
such general or special orders as he may deem fit.
Procedure for deciding a case where Members of a Bench differ in opinion
24. If the Members of a Bench differ in opinion on any point, they shall state the point or points on which
they differ, and make a reference to the Chairperson who shall either hear the point or points himself or
refer the case for hearing on such point or points by one or more of the other Members and such point or
points shall be decided according to the opinion of the majority of the Members who have heard the case,
including those who first heard it.
Jurisdiction of Bench
25. An inquiry shall be initiated or a complaint be instituted or a reference be made under this Act before
a Bench within the local limits of whose jurisdiction—
(a) the respondent, or each of the respondents, where there are more than one, at the time of the
initiation of inquiry or institution of the complaint or making of reference, as the case may be,
actually and voluntarily resides, or carries on business, or personally works for gain; or
(b) any of the respondents, where there are more than one, at the time of the initiation of the
inquiry or institution of complaint or making of reference, as the case may be, actually and
voluntarily resides or carries on business or personally works for gain provided that in such
case either the leave of the Bench is given, or the respondents who do not reside, or carry on
business, or personally work for gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
Explanation.—A respondent, being a person referred to in sub-clause (iii) or sub-clause (vi) or sub-clause
(vii) or sub-clause (viii) of clause (l) of section 2, shall be deemed to carry on business at its sole or

principal place of business in India or at its registered office in India or where it has also a subordinate
office at such place.
Procedure for inquiry on complaints under Section 19
26. (1) On receipt of a complaint or a reference from the Central Government or a State Government or a
statutory authority or on its own knowledge or information, under section 19, if the Commission is of the
opinion that there exists a prima facie case, it shall direct the Director General to cause an investigation to
be made into the matter.
(2) The Director General shall, on receipt of direction under sub-section (1), submit a report on his
findings within such period as may be specified by the Commission.
(3) Where on receipt of a complaint under clause (a) of sub-section (1) of section 19, the Commission is
of the opinion that there exists no prima facie case, it shall dismiss the complaint and may pass such
orders as it deems fit, including imposition of costs, if necessary.
(4) The Commission shall forward a copy of the report referred to in sub-section (2) to the parties
concerned or to the Central Government or the State Government or the statutory authority, as the case
may be.
(5) If the report of the Director General relates on a complaint and such report recommends that there is
no contravention of any of the provisions of this Act, the complainant shall be given an opportunity to
rebut the findings of the Director General.
(6) If, after hearing the complainant, the Commission agrees with the recommendation of the Director
General, it shall dismiss the complaint.
(7) If, after hearing the complainant, the Commission is of the opinion that further inquiry is called for, it
shall direct the complainant to proceed with the complaint.
(8) If the report of the Director General relates on a reference made under sub-section (/) and such report
recommends that there is no contravention of the pro visions of this Act, the Commission shall invite
comments of the Central Government or the State Government or the statutory authority, as the case may
be, on such report and on receipt of such comments, the Commission shall return the reference if there is
no prima facie case or proceed with the reference as a complaint if there is a prima facie case.
(9) If the report of the Director General referred to in sub-section (2) recommends that there is
contravention of any of the provisions of this Act, and the Commission is of the opinion that further inquiry
is called for, it shall inquire into such contravention in accordance with the provisions of this Act.
Orders by Commission after inquiry into agreements or abuse of dominant position
27. Where after inquiry the Commission finds that any agreement referred to in section 3 or action of an
enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may
pass all or any of the following orders, namely:—
(a) direct any enterprise or'association of enterprises or person or association of persons, as the
case may be, involved in such agreement, or abuse of dominant position, t’o discontinue and
not to re-enter such agreement or discontinue such abuse of dominant position, as the case
may be;
(b) impose such penalty, as it may deem fit which shall be not more than ten per cent. of the
average of the turnover for the last three preceding financial years, upon each of such person
or enterprises which are parties to such agreements or abuse:
Provided that in case any agreement referred to in section 3 has been entered into by any
cartel, the Commission shall impose upon each producer, seller, distributor, trader or service
provider included in that cartel, a penalty equivalent to three times of the amount of profits
made out of such agreement by the cartel or ten per cent. of the average of the turnover of the
cartel for the last preceding three financial years, whichever is higher;
(c) award compensation to parties in accordance with the provisions contained in section 34;
(d) direct that the agreements shall stand modified to the extent and in the manner as may be
specified in the order by the Commission;
(e) direct the enterprises concerned to abide by such other orders as the Commission may pass
and comply with the directions, including payment of costs, if any:

(f) recommend to the Central Government for the division of an enterprise enjoying dominant
position;
(g) pass such oilier order as it may deem fit.
Division of enterprise enjoying dominant position
28 (1) The Central Government, on recommendation under clause (f) of section 27, may, notwithstanding
anything contained in any other law for the time being in force, by order in writing, direct division of an
enterprise enjoying dominant position to ensure that such enterprise does not abuse its dominant
position.
(2) In particular, and without prejudice to the generality of the foregoing powers, the order referred to in
sub-section (1) may provide for all or any of the following matters, namely:—
(a) the transfer or vesting of property, rights, liabilities or obligations;
(b) the adjustment of contracts either by discharge or reduction of any liability or obligation or
otherwise;
(c) the creation, allotment, surrender or cancellation of any shares, stocks or securities;
(d) the payment of compensation to any person who suffered any loss due to dominant position of
such enterprise;
(e) the formation or winding up of an enterprise or the amendment of the memorandum of
association or articles of association or any other instruments regulating the business of any
enterprise;
(f) the extent to which, and the circumstances in which, provisions of the order affecting an
enterprise may be altered by the enterprise and the registration thereof;
(g) any other matter which may be necessary to give effect to the division of the enterprise.
(3) Notwithstanding anything contained in any other law for the time being in force or in any contract or in
any memorandum or articles of association, an officer of a company who ceases to hold office as such in
consequence of the division of an enterprise shall not be entitled to claim any compensation for such
cesser.
Procedure for investigation of combination
29. (1) Where the Commission is of the opinion that a combination is likely to cause, or has caused an
appreciable adverse effect on competition within the relevant market in India, it shall issue a notice to
show cause to the parties to combination calling upon them to respond within thirty days of the receipt of
the notice, as to why investigation in respect of such combination should not be conducted.
(2) The Commission, if it is prima facie of the opinion that the combination has, or is likely to have, an
appreciable adverse effect on competition, it shall, within seven working days from the date of receipt of
the response of the parties to the combination, direct the parties to the said combination to publish details
of the combination within ten working days of such direction, in such manner, as it thinks appropriate, for
bringing the combination to the knowledge or information of the public and persons affected or likely to be
affected by such combination.
(3) The Commission may invite any person or member of the public, affected or likely to be affected by
the said combination, to file his written objections, if any, before the Commission within fifteen working
days from the date on which the details of the combination were published under sub-section (2).
(4) The Commission may, within fifteen working days from the expiry of the period specified in sub-section
(3), call for such additional or other information as it may deem fit from the parties to the said combination.
(5) The additional or other information called for by the Commission shall be furnished by the parties
referred to in sub-section (4) within fifteen days from the expiry of the period specified in sub-section (4).
(6) After receipt of all information and within a period of forty-five working days from the expiry of the
period specified in sub-section (5), the Commission shall proceed to deal with the case in accordance
with the provisions contained in section 31.
Inquiry into disclosures under sub-section (2) of section 6
30. Where any person or enterprise has given a notice under sub-section (2) of section 6. The
Commission shall inquire—
(a) whether the disclosure made in the notice is correct;
(b) whether the combination has, or is likely to have, an appreciable adverse effect on competition.
Orders of Commission on certain combinations
31. (1) Where the Commission is of the opinion that any combination does not, or is not likely to, have an
appreciable adverse effect on competition, it shall, by order, approve that combination including the
combination in respect of which a notice has been given under sub-section (2) of section 6.
(2) Where the Commission is of the opinion that the combination has, or is likely to have, an appreciable
adverse effect on competition, it shall direct that the combination shall not take effect.
(3) Where the Commission is of the opinion that the combination has, or is likely to have, an appreciable
adverse effect on competition but such adverse effect can be eliminated by suitable modification to such
combination, it may propose appropriate modification to the combination, to the parties to such
combination.
(4) The parties, who accept the modification proposed by the Commission under subsection (3), shall
carry out such modification within the period specified by the Commission.
(5) If the parties to the combination, who have accepted the modification under subsection (4), fail to carry
out the modification within the period specified by the Commission, such combination shall be deemed to
have an appreciable adverse effect on competition and the Commission shall deal with such combination
in accordance with the provisions of this Act.
(6) If the parties to the combination do not accept the modification proposed by the Commission under
sub-section (3), such parties may, within thirty working days of the modification proposed by the
Commission, submit amendment to the modification proposed by the Commission under that sub-section.
(7) If the Commission agrees with the amendment submitted by the parties under subsection (6), it shall,
by order, approve the combination.
(8) If the Commission does not accept the amendment submitted under sub-section (6), then, the parties
shall be allowed a further period of thirty working days within which such parties shall accept the
modification proposed by the Commission under sub-section (3).
(9) If the parties fail to accept the modification proposed by the Commission within thirty working days
referred to in sub-section (6) or within a further period of thirty working days referred to in sub-section (8),
the combination shall be deemed to have an appreciable adverse effect on competition and be dealt with
in accordance with the provisions of this Act.
(10) Where the Commission has directed under sub-section (2) that the combination shall not take effect
or the combination is deemed to have an appreciable adverse effect on competition under sub-section
(9), then, without prejudice to any penalty which may be imposed or any prosecution which may be
initiated under this Act, the Commission may order that—
(a) the acquisition referred to in clause (a) of section 5; or
(b) the acquiring of control referred to in clause (b) of section 5; or
(c) the merger or amalgamation referred to in clause (c) of section 5, shall not be given effect to:
Provided that the Commission may, if it considers appropriate, frame a scheme to implement its order
under this sub-section.
(11) If the Commission does not, on the expiry of a period of ninety working days from the date of
publication referred to in sub-section (2) of section 29, pass an order or issue direction in accordance with
the provisions of sub-section (1) or sub-section (2) or sub-section (7), the combination shall be deemed to
have been approved by the Commission.
Explanation.—For the purposes of determining the period of ninety working days specified in this sub-
section, the period of thirty working days specified in sub-section (6) and a further period of thirty working
days specified in sub-section (8) shall be excluded.
(12) Where any extension of time is sought by the parties to the combination, the period of ninety working
days shall be reckoned after deducting the extended time granted at the request of the parties.
(13) Where the Commission has ordered a combination to be void, the acquisition or acquiring of control
or merger or amalgamation referred to in section 5, shall be dealt with by the authorities under any other
law for the time being in force as if such acquisition or acquiring of control or merger or amalgamation had
not taken place and the parties to the combination shall be dealt with accordingly.
(14) Nothing contained in this Chapter shall affect any proceeding initiated or which may be initiated
under any other law for the time being in force.
Acts taking place outside India but having an effect on competition in India
32. The Commission shall, 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, have power to inquire into such 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.
Power to grant interim relief
33. (1) Where during an inquiry before the Commission, it is proved to the satisfaction of the Commission,
by affidavit or otherwise, that an act in contravention of sub-section (1) of section 3 or sub-section (1) of
section 4 or section 6 has been committed and continues to be committed or that such act is about to be
committed, the Commission may, by order, grant a temporary injunction restraining any party from
carrying on such act until the conclusion of such inquiry or until further orders, without giving notice to the
opposite party, where it deems it necessary.
(2) Where during the inquiry before the Commission it is proved to the satisfaction of the Commission by
affidavit or otherwise that import of any goods is likely to contravene sub-section (1) of section 3 or sub-
section (1) of section 4 or section 6, it may, by order, grant a temporary injunction restraining any party
from importing such goods until the conclusion of such inquiry or until further orders, without giving notice
to the opposite party, where it deems it necessary and a copy of such order granting temporary injunction
shall be sent to the concerned authorities.
(3) The provisions of rules 2A to 5 (both inclusive) of Order XXXIX of the First Schedule to the Code of
Civil Procedure, 1908 (5 of 1908) shall, as far as may be, apply to a temporary injunction issued by the
Commission under this Act, as they apply to a temporary injunction issued by a civil court, and any
reference in any such rule to a suit shall be construed as a reference to any inquiry before the
Commission.
Power to award compensation
34. (1) Without prejudice to any other provisions contained in this Act, any person may make an
application to the Commission for an order for the recovery of compensation from any enterprise for any
loss or damage shown to have been suffered, by such person as a result of any contravention of the
provisions of Chapter II, having been committed by such enterprise.
(2) The Commission 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.
(3) 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 Commission, 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 Commission and the order of the
Commission thereon.
Appearance before Commission
35. A complainant or defendant or the Director General may either appear in person or authorise one or
more chartered accountants or company secretaries or cost accountants or legal practitioners or any of
his or its officers to present his or its case before the Commission.
Explanation.—For the purposes of this section,—
(a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1)
of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a
certificate of practice under sub-section (1) of section 6 of that Act;
(b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of
section 2 of the Company Secretaries Act, 1980 (56 of 1980) and who has obtained a certificate
of practice under sub-section (1) of section 6 of that Act;
(c) "cost accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2
of the Cost and Works Accountants Act, 1959 (23 of 1959) and who has obtained a certificate of
practice under sub-section (1) of section 6 of that Act;
(d) "legal practitioner" means an advocate, vakil or an attorney of any High Court, and includes a
pleader in practice.
Power of Commission to regulate its own procedure
36. (1) The Commission shall not be bound by the procedure laid down by the Code of Civil Procedure,
1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other
provisions of this Act and of any rules made by the Central Government, the Commission shall have
powers to regulate its own procedure including the places at which they shall have their sittings, duration
of oral hearings when granted, and times of its inquiry.
(2) The Commission shall have, for the purposes of discharging its functions umder this Act, the same
powers as are vested in a civil court under the Code of Civil Procedure, 1908(5 of 1908), while trying a
suit, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872),
requisitioning any public record or document or copy of such record or document from any office;
(f) dismissing an application in default or deciding it ex parte;
(g) any other matter which may be prescribed.
(3) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code (45 of
1860) and the Commission shall be deemed to be a civil court for the purposes of section 195 (2 of 1974)
and Chapter XXVI of the Code of Criminal Procedure, 1973.
(4) The Commission may call upon such experts, from the fields of economics, commerce, accountancy,
international trade or from any other discipline as it deems necessary, to assist the Commission in the
conduct of any inquiry or proceeding before it.
(5) The Commission may direct any person—
(a) to produce before the Director General or the Registrar or an officer authorised by it, such,books,
accounts or other documents in the custody or under the control of such person so directed as
may be specified or described in the direction, being documents relating to any trade, the
examination of which may be required for the purposes of this Act;
(b) to furnish to the Director General or the Registrar or any officer authorised by it, as respects the
trade or such other information as may be in his possession in relation to the trade carried on by
such person, as may be required for the purposes of this Act.
(6) If the Commission is of the opinion that any agreement referred to in section 3 or "abuse of dominant
position referred to in section 4 or the combination referred to in section 5 has caused or is likely to cause
an appreciable adverse effect on competition in the relevant market in India and it is necessary to protect,
without further delay, the interests of consumers and other market participants in India, it may conduct an
inquiry or adjudicate upon any matter under this Act after giving a reasonable oral hearing to the parties
concerned.
Review of orders of Commission
37. Any person aggrieved by an order of the Commission from which an appeal is allowed by this Act but
no appeal has been preferred, may, within thirty days from the date of the order, apply to the Commission
for review of its order and the Commission may make such order thereon as it thinks fit:
Provided that the Commission may entertain a review application after the expiry of the said period of
thirty days, if it is satisfied that the applicant was prevented by sufficient cause from preferring the
application in time:
Provided further that no order shall be modified or set aside without giving an opportunity of being heard
to the person in whose favour the order is given and the Director General where he was a party to the
proceedings.
Rectification of orders
38. (1) With a view to rectifying any mistake apparent from the record, the Commission may amend any
order passed by it under the provisions of this Act.
(2) Subject to the other provisions of this Act, the Commission may make—
(a) an amendment under sub-section (1) of its own motion;
(b) an amendment for rectifying any such mistake which has been brought to its notice by any party
to the order.
Explanation.—- For the removal of doubts, it is hereby declared that the Commission shall not, while
rectifying any mistake apparent from record, amend substantive part of its order passed under the
provisions of this Act.
Execution of orders of Commission
39. Every order passed by the Commission under this Act shall be enforced by the Commission in the
same manner as if it were a decree or order made by a High Court or the principal civil court in a suit
pending therein and it shall be lawful for the Commission to send, in the event of its inability to execute it,
such order to the High Court or the principal civil court, as the case may be, within the local limits of
whose jurisdiction,—
(a) in the case of an order against a person referred to in sub-clause (iii) or sub-clause (vi) or sub-
clause (vii) of clause (l) of section 2, the registered office or the sole or principal place of business
of the person in India or where the person has also a subordinate office, that subordinate office, is
situated;
(c) in the case of an order against any other person, the place, where the person concerned
voluntarily resides or carries on business or personally works for gain, is situated, and thereupon
the court to which the order is so sent shall execute the order as if it were a decree or order sent
to it for execution.
Appeal
40. Any person aggrieved by any decision or order of the Commission may file an appeal to the Supreme
Court within sixty days from the date of communication of the decision or order of the Commission to him
on one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (5 of 1908):
Provided that the Supreme Court may, if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding
sixty days:
Provided further that no appeal shall lie against any decision or order of the Commission made with the
consent of the parties.