Explain the right to legal representation of a Company Secretary under the Competition Act, 2002 and Real Estate (Regulation and Development) Act, 2016.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2021
Explain the right to legal representation of a Company Secretary under the Competition Act, 2002 and Real Estate (Regulation and Development) Act, 2016.
Answer & Explanation:
Right to Legal Representation under Competition Act, 2002 Competition Authorities and the companies world over avail services of professionals to guide and advise them on various aspects of competition law. Professionals also assist companies in designing, implementing and maintaining effective competition compliance programmes. Section 35 of the Competition Act, 2002, authorises Company Secretaries in practice to appear before Competition Commission of India. Besides, there are a number of concepts and terms such as value of assets, turnover, determination of market, relevant market, geographic market which require active professional involvement and advice. Further, Competition Act, 2002 provides a number of factors to be considered by the Competition Commission of India in determining appreciable adverse effect on competition. According to Section 35 of the Competition Act, 2002 a person or an enterprise 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. Right to Legal Representation under Real Estate (Regulation and Development) Act, 2016 As per Section 56 of the Real Estate (Regulation and Development) Act, 2016 a Company Secretary holding certificate of practice can appear before Appellate Tribunal or a Regulatory Authority or Adjudicating Officer on behalf of the applicant or appellant as the case may be. According to the said section the applicant or appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the Appellate Tribunal or the Regulatory Authority or the adjudicating officer, as the case may be. Hence a Company Secretary holding certificate of practice can - Represent a person (promoter) before any real estate regulatory authority for registration of real estate project. Represent a person before real estate appellate tribunal. Represent a person before Adjudicating Officer.
Topics: Professional Ethics / Competition Act, 2002 / RERA, 2016
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