Power of Central Government impose conditions, limitations andrestrictions on approvals, etc, given under the Act. 54. Power of Central Government impose conditions, limitations and restrictions on approvals, etc, given under the
Act. (1) Offences by companies. The Central Government may, while- (a) according any approval, sanction, permission, confirmation or recognition, or (b) giving any direction or issuing any order, or (c) granting any exemption, under this Act in relation to any matter, impose such conditions,limitations or restrictions as it may think fit.
(2) 1 * * * * *
(3) If any condition, limitation or restriction imposed by the
Central Government under sub-section (1) 1 * * * is contravened the Central Government may rescind or withdraw the approval, sanction, permission, confirmation, recognition, direction, order or exemption made or granted by it.
Appeals 55.Appeals. Any person aggrieved by 2[any decision on any question referred to in clause (a) clause (b) or clause (c) of section 2A, or any order made by the Central Government under Chapter III] or Chapter IV, or as the case may be or the commission 3[under section 12A] or, 1[section 13 or section 36D or section 37] may within sixty days from the date of the order, prefer an appeal to the Supreme Court on one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908. (5 of 1908)
Jurisdiction of courts to try offences. 56.Jurisdiction of courts to try offences. No court inferior to that of 4[a Court of session] shall try any offence under this Act.
57. Cognition of offences. No court shall take cognizanceof any offence punishable under this Act except on a report in writingof the facts constituting such offence made by a Person
Protection regarding statements made to the Commission. 59.Protection regarding statements made to the Commission. No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statements: Provided that the statement- (a) is made in respect to a question which he is required by the Commission to answer; and (b) is relevant to the subject-matter of the inquiry.
Restriction on disclosure of information. 60. Restriction on disclosure
of information. (1)No informationrelating to any undertaking, being an information which has beenobtained by or on
Power of the Central Government to require the Commission to submita report. 61. Power of the Central Government to require the Commission to submit a report.The Central Government may at any time require the Commission to submit to it a report on the general effect on the public interest of such trade practices as, in the opinion of that Government, either constitute or contribute to monopolistic or 2[restrictive or unfair trade practice] or concentration of economic power to the common detriment.
Reports of the Commission to be placed before Parliament. 62.Reports of the Commission to be placed before Parliament. The Central Government shall cause to be laid before both Houses of Parliament an annual report, and every report which may be submitted to, it by the Commission from time to time, pertaining to the execution of the provisions of this Act. ---------------------------------------------------------------------- 1. Ins. by Act 30 of 1984, s.47 (w.e.f. 1-8-1984) 2. Subs by s.48, ibid (w.e.f. 1.8.1984) ---------------------------------------------------------------------- 49
Members, etc., to be public servants. 63. Members, etc., to be public servants. Every member of the Commission, the 1[Director General] and every member of the staff of the Commission and of the 1[Director General] shall be deemed, while acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code. (45 of 1860)
Protection of action taken in good faith.
64. Protection of action taken in good faith. (1) No suit, prosecution or other legal proceedings shall lie against the Commission or any member, officer or servants of the Commission, the 1[Director General] or any member of the staff of the 1[Director General] in respect of anything which is in good faith done or intended to be done under this Act.
(2) No suit shall be maintainable in any civil court against the Central Government or any officer or employee of that Government for any damage caused by anything done under, or in pursuance of any provisions of, this Act.
Inspection of, and extracts from, the register.
65. Inspection of, and extracts from, the register. (1) The register, other than the special section, shall be open to public inspection during such hours and subject to the payment of such fees, not exceeding rupees twenty-five, as may be prescribed.
(2) Any person may upon the payment of such fee, not exceeding rupee one, for every one hundred words, as may be prescribed, require the 1[Director General] to supply to him a copy of, or extract from any particulars entered or filed in the register, other than the special section, certified by the 1[Director General] to be a true copy or extract.
(3) A copy of, or extract from, any document entered or filed in the register certified under the hand of the 1[Director General] or any officer authorised to act in this behalf shall, in all legal proceedings, be admissible in evidence as of equal validity with the original.
Power to make regulations. 66. Power to make regulations. (1) The Commission 2[may 1[bynotification] make regulations] for the efficient
performance of itsfunctions under this Act. (2)
Power to make rules.
67. Power to make rules. (1)The Central Government may 3[by notification,] make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the form and manner in which notices may be given of applications may be made to it under this Act and the fees payable therefor; 4[(ab) the form and the manner in which an application for recognition shall be made under clause (n) of section 2; (b) the particulars to be furnished under this Act and the form and manner in which and the intervals within which they may be furnished; (ba) 5 * * * * * (c) the conditions of service of members of the Commission and the 3[Director General] 6[(ca) the duties and functions to the Director General.] (d) the places and the manner in which the register shall be maintained 1 * * * and the particulars to be entered therein; 8[(da) the mannerin which every authenticated copy of any order made by the Commission in respect of any restrictive, or unfair trade practice shall be recorded;] (e) the fees payable for inspection of the register and for obtaining certified copies of particulars from the register (f) the travelling and other expenses payable to persons summoned by the Commission to appear before it; (g) 9 * * * * * ---------------------------------------------------------------------- 1. Omitted by s.49, 30 of 1984, (w.e.f. 1-8-1984) 2. Ins. by Act 20 of 1983, s.2 & Sch. (w.e.f. 15-3-1984) 3. Subs. by Act. 30 of 1984, s.2 (w.e.f. 1-8-1984) 4. Re-lettered and ins. by Act 74 of 1986, S. 7 (w.e.f. 1.6.1987). 5. Omitted by Act 58 of 1991, s. 26 (w.e.f. 27.9.1991) 6. Subs by Act 30 of 1984 S.50, (1-8-1984) 7. Omitted by s.50, ibid (w.e.f. 1-8-1984) 8. Ins by s.50, ibid (w.e.f. 1-8-1984) 9. Omitted by Act 58 of 1991, s.26 (w.e.f. 27-9-1991) --------------------------------------------------------------------- 51 (h) any other matter which is required to be, or may be, prescribed.
1[(2A) Any rule made under clause (c) of Sub-section (2) in relation to the conditions of service of the members of the Commission may be made retrospectively from a date not earlier than the 1st day of January, 1986, so, however, that such rule shall not prejudicially affect the interests of any such member.]
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or 2[more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ----------------------------------------------------------------------- 1. Ins. by Act 62 of 1988, S. 3 2. Subs. by Act 20 of 1983, s.2 & Sch. (w.e.f. 15.3.1984) -----------------------------------------------------------------------