DIRECTOR-GENERAL

MILAD M

definition
Under 2(c) of MRTP Act

Means director general of investigation and

registration appointed under sec.8 and includes any Additional, Joint, Deputy or Assistant director general of investigation and registration appointed under sec.8 Under 2(g) of Competition Act Means the director general appointed under subsection (1) of section 16 and includes Additional, Joint, Deputy or Assistant director general appointed under that section

APPOINTMENT OF D.G
Section 16 Of The Competition Act, 2002 Deals With

Appointment Of Director General It is done by a notification by central government Purpose is to assist the commission in inquiry Provision for appointment of additional, joint, deputy or assistant director general and other staffs Salary, allowances, terms and condition of service shall be prescribed Appointed on the basis of integrity and outstanding ability Later section 8 of MRTP deals with appointment

SECTION 41 OF COMPETITION ACT

Provides certain duties on DG

Investigate into contravention

When directed he has to assist the commission in

investigating into contraventions He has all powers conferred upon the commission under sec 36(2) Section 240 & 240A of the Companies Act, 1956 shall apply to an investigation made by DG

APPLICABILITY OF SECTION 240 & 240A

Is applicable to every investigation by DG as well as a

person authorized by him The word central government in 240 is construed as the commission Magistrate under 240A is construed as the chief metropolitan magistrate delhi

Production of documents and evidence

Sec 240 & 240A of Companies Act are incorporated in

competition Act with changes specified in explanations under section 41(3) DG has got some powers

To require to furnish such information or produce such paper or books for the purpose of investigation To keep that in his custody for upto six months and if needed he can call in again To examine on oath with previous approval of commission and administer oath accordingly and for that purpose he can require any person to present

Conti...
Co-operation is compelled from persons

If there is any default he shall be punishable and defaults

includes

To produce book and papers in his custody To furnish any information which he is duty bound to do To appear personally when required to do so To answer question which is put to him To sign notes of any examination

Notes on examination
Can examine person on oath

It is to be write down and signed and one copy is to be

furnished to person making statement It can be used as an evidence. ie answer given on oath {karak rubber co. Vs Burden}

Power to search and seizure

May make an application to CJM

Reasonable ground to believe that it may be destroyed,

altered, falsified... After hearing DG magistrate may by order authorize DG

To enter the place where books and paper are kept To search that place in manner prescribed To seize books and papers which he considers necessary for investigation

Conti....
He can keep that book in custody for such period as he

thinks necessary, but not later than conclusion of investigation

Application for seizure

Where in course of investigation

He has reasonable ground to believe that the books and

papers of enterprise may be destroyed, mutilated, altered, falsified or secreted

Director general submitting report

Procedure for investigation is laid down in sec 26

He have the power of civil court

Also has the power of inspector appointed by central govt. DG shall make an investigation and submit report on his

findings [section 26(3)] Investigation by DG is only a fact-finding one and not of any judicial or quasi judicial character Report may contains finding as to contravention or noncontravention

If no contravention
Act according to (5), (6), (7) of section 26 of the Act

Ie under (5) may go for objection or suggestion

Under (6), after hearing feels no contravention, close the

matter Under (7), after hearing feels contravention ask for further inquiry

If contravention
As per (8) of section 26

If feels further inquiry, direct further inquiry into the

contraventions.

THANKS FOR PATIENCE