Section 41, Competition Act 2002: Director General To Investigate Contraventions

Section 41 under Chapter V (Duties of Director General) of the Competition Act, 2002: Director General to investigate contraventions

(1) 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.

(2) The Director General shall have all the powers as are conferred upon the Commission under sub-section (2) of section 36.

(3) Without prejudice to the provisions of sub-section (2), sections 240 and 240A of the Companies Act, 1956 (1 of 1956), so far as may be, shall apply to an investigation made by the Director General or any other person investigating under his authority, as they apply to an inspector appointed under that Act.

Explanation.—For the purposes of this section,—

 (a) the words "the Central Government" under section 240 of the Companies Act,1956 (1 of 1956) shall be construed as "the Commission";

 (b) the word "Magistrate" under section 240A of the Companies Act, 1956 (1 of 1956) shall be construed as "the Chief Metropolitan Magistrate, Delhi".

Extra Notes for Readers

(1) The 'Explanation' part in the Section 41 was inserted by the Competition (Amendment) Act 2007 (Act 39 of 2007), s. 33, (w.e.f. 20-May-2009).

This page was last updated on 26th May, 2017.

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