CHAPTER V
DUTIES OF DIRECTOR GENERAL
Director General to investigate contravention
41. (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 subsection (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.
2 [(3)Without prejudice to sub-section (2), it shall be the duty of all officers, other employees and agents of a party which are under investigation—
(a)to preserve and to produce all information, books, papers, other documents and records of, or relating to, the party which are in their custody or power to the Director General or any person authorised by it in this behalf; and
(b)to give all assistance in connection with the investigation to the Director General.]
1[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”.]
4 [‘Explanation.—For the purposes of this section,—
(a)”agent”, in relation to any person, means any one acting or purporting to act for or on behalf of such person, and includes the bankers, and persons employed as auditors and legal advisors, by such person;
(b)”officers”, in relation to any company or body corporate, includes any trustee for the debenture holders of such company or body corporate;
(c)any reference to officers and other employees or agents shall be construed as a reference to past as well as present officers and other employees or agents, as the case may be.’.]
3 [[(4)The Director General may require any person other than a party referred to in sub-section (3) to furnish such information or produce such books, papers,other documents or records before it or any person authorised by it in this behalf if furnishing of such information or the production of such books, papers, other documents or records is relevant or necessary for the purposes of its investigation.
(5)The Director General may keep in his custody any information, books,papers, other documents or records produced under sub-section (3) or sub-section (4) for a period of one hundred and eighty days and thereafter shall return the same to the person by whom or on whose behalf the information,books, papers, other documents or records were produced:
Provided that the information, books, papers, other documents or records may be called for by the Director General if they are needed again for a further period of one hundred and eighty days by an order in writing:
Provided further that the certified copies of the information, books, papers,other documents or records, as may be applicable, produced before the Director General may be provided to the party or person on whose behalf the information, books, papers, other documents or records are produced at their own cost.
(6)The Director General may examine on oath—
(a)any of the officers and other employees and agents of the party being investigated; and
(b)with the previous approval of the Commission, any other person,in relation to the affairs of the party being investigated and may administer an oath accordingly and for that purpose may require any of those persons to appear before it personally.
(7)The examination under sub-section (6) shall be recorded in writing and shall be read over to or by, and signed by, the person examined and may thereafter be used in evidence against it.
(8)Where in the course of investigation, the Director General has reasonable grounds to believe that information, books, papers, other documents or records of, or relating to, any party or person, may be destroyed, mutilated, altered,falsified or secreted, the Director General may make an application to the Chief Metropolitan Magistrate, Delhi for an order for seizure of such information, books, papers, other documents or records.
(9)The Director General may make requisition of the services of any police officer or any officer of the Central Government to assist him for all or any of the purposes specified in sub-section (10) and it shall be the duty of every such officer to comply with such requisition.
(10)The Chief Metropolitan Magistrate, Delhi may, after considering the application and hearing from the Director General, by order, authorise the Director General—
(a)to enter, with such assistance, as may be required, the place or places where such information, books, papers, other documents or records are kept;
(b)to search that place or places in the manner specified in the order; and
(c)to seize information, books, papers, other documents or records as it considers necessary for the purpose of the investigation:
Provided that certified copies of the seized information, books, papers, other documents or records, as the case may be, may be provided to the party or person from whose place or places such documents have been seized at its cost.
(11)The Director General shall keep in his custody such information, books, papers, other documents or records seized under this section for such period not later than the conclusion of the investigation as it considers necessary and thereafter shall return the same to the party or person from whose custody or power they were seized and inform the Chief Metropolitan Magistrate, of such return:
Provided that the Director General may, before returning such information, books, papers, other documents or records take copies of, or extracts thereof or place identification marks on them or any part thereof.
(12)Save as otherwise provided in this section, every search or seizure made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973, relating to search or seizure made under that Code.”;]
Note:
1. Ins. by Competition (Amendment) Act, 2007
2.Substituted by the Competition (Amendment) Act, 2023 dated 11.04.2023.
for sub-section (3),
[(3)Without prejudice to sub-section (2), it shall be the duty of all officers,other employees and agents of a party which are under investigation—
(a)to preserve and to produce all information, books, papers, other documents and records of, or relating to, the party which are in their custody or power to the Director General or any person authorised by it in this behalf; and
(b)to give all assistance in connection with the investigation to the Director General.]
3.Inserted by the Competition (Amendment) Act, 2023 dated 11.04.2023.
[(4)The Director General may require any person other than a party referred to in sub-section (3) to furnish such information or produce such books, papers,other documents or records before it or any person authorised by it in this behalf if furnishing of such information or the production of such books, papers, other documents or records is relevant or necessary for the purposes of its investigation.
(5)The Director General may keep in his custody any information, books,papers, other documents or records produced under sub-section (3) or sub-section (4) for a period of one hundred and eighty days and thereafter shall return the same to the person by whom or on whose behalf the information,books, papers, other documents or records were produced:
Provided that the information, books, papers, other documents or records may be called for by the Director General if they are needed again for a further period of one hundred and eighty days by an order in writing:
Provided further that the certified copies of the information, books, papers,other documents or records, as may be applicable, produced before the Director General may be provided to the party or person on whose behalf the information, books, papers, other documents or records are produced at their own cost.
(6)The Director General may examine on oath—
(a)any of the officers and other employees and agents of the party being investigated; and
(b)with the previous approval of the Commission, any other person,in relation to the affairs of the party being investigated and may administer an oath accordingly and for that purpose may require any of those persons to appear before it personally.
(7)The examination under sub-section (6) shall be recorded in writing and shall be read over to or by, and signed by, the person examined and may thereafter be used in evidence against it.
(8)Where in the course of investigation, the Director General has reasonable grounds to believe that information, books, papers, other documents or records of, or relating to, any party or person, may be destroyed, mutilated, altered,falsified or secreted, the Director General may make an application to the Chief Metropolitan Magistrate, Delhi for an order for seizure of such information, books, papers, other documents or records.
(9)The Director General may make requisition of the services of any police officer or any officer of the Central Government to assist him for all or any of the purposes specified in sub-section (10) and it shall be the duty of every such officer to comply with such requisition.
(10)The Chief Metropolitan Magistrate, Delhi may, after considering the application and hearing from the Director General, by order, authorise the Director General—
(a)to enter, with such assistance, as may be required, the place or places where such information, books, papers, other documents or records are kept;
(b)to search that place or places in the manner specified in the order; and
(c)to seize information, books, papers, other documents or records as it considers necessary for the purpose of the investigation:
Provided that certified copies of the seized information, books, papers, other documents or records, as the case may be, may be provided to the party or person from whose place or places such documents have been seized at its cost.
(11)The Director General shall keep in his custody such information, books, papers, other documents or records seized under this section for such period not later than the conclusion of the investigation as it considers necessary and thereafter shall return the same to the party or person from whose custody or power they were seized and inform the Chief Metropolitan Magistrate, of such return:
Provided that the Director General may, before returning such information, books, papers, other documents or records take copies of, or extracts thereof or place identification marks on them or any part thereof.
(12)Save as otherwise provided in this section, every search or seizure made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973, relating to search or seizure made under that Code.”;]
4.Substituted by the Competition (Amendment) Act, 2023 dated 11.04.2023.
for the Explanation
[‘Explanation.—For the purposes of this section,—
(a)”agent”, in relation to any person, means any one acting or purporting to act for or on behalf of such person, and includes the bankers, and persons employed as auditors and legal advisors, by such person;
(b)”officers”, in relation to any company or body corporate, includes any trustee for the debenture holders of such company or body corporate;
(c)any reference to officers and other employees or agents shall be construed as a reference to past as well as present officers and other employees or agents, as the case may be.’.]
