How is the Competition Commission of India established and what is its composition? Discuss the procedure laid down for the selection of Chairperson and other members alongwith their term of office under the provisions o
CS Executive · Economic and Commercial Laws · PYQS · December 2015
How is the Competition Commission of India established and what is its composition? Discuss the procedure laid down for the selection of Chairperson and other members alongwith their term of office under the provisions of the Competition Act, 2002.
Answer & Explanation:
Establishment of Competition Commission of India The Central Government under Section 7 of the Competition Act, 2002 has been empowered to establish a Commission to be called "Competition Commission of India" by issue of a Notification. The Commission is a body corporate having perpetual succession and a common seal. The Commission has power to acquire, hold movable or immovable property and to enter into contract in its name and by the said name, sue or be sued. The Central Government established the Competition Commission of India having its Head Office at New Delhi. The Commission has also been authorized to establish its office at other places in India. Thus, the law provides for setting up of CCI's offices at places other than that of its Headquarter. Composition of Commission The composition of the Commission as spelled out under Section 8 of the Act consists of a Chairperson and not less than two and not more than six other Members. The Chairperson and other Members are to be appointed on whole time basis. Selection of Chairperson and Members of Commission Section 9(1) of the Competition Act, 2002 envisages that the Chairperson and other Members of the Commission shall be appointed by the Central Government from a panel of names recommended by a Selection Committee consisting of the Chief Justice of India or his nominee, as Chairperson; and the Secretary in the Ministry of Corporate Affairs, Member; the Secretary in the Ministry of Law and Justice, Member; and two experts of repute as member. Term of office of Chairperson and other Members The Act stipulates that the Chairperson and every other Member shall hold office as such for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment. However, the Chairperson or other Members shall not hold office as such after he has attained the age of sixty-five years.
Topics: Competition Act, 2002
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