Section 21
Reference by statutory authority.
About this Act
An Act to provide, keeping in view of the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto.
(1) Where in the course of a proceeding before any statutory
authority an issue is raised by any party that any decision which such statutory authority has taken or
proposes to take, is or would be, contrary to any of the provisions of this Act, then such statutory
authority may make a reference in respect of such issue to the Commission:
1[Provided that any statutory authority, may, suo motu, make a reference to the Commission on any issue that involves any provision of this Act or is related to promoting the objectives of this Act, as the case may be.]
2[(2) On receipt of a reference under sub-section (1), the Commission shall give its opinion, within sixty days of receipt of such reference, to such statutory authority which shall consider the opinion of the Commission and thereafter, give its findings recording reasons therefor on the issues referred to in the said opinion.]
1[Provided that any statutory authority, may, suo motu, make a reference to the Commission on any issue that involves any provision of this Act or is related to promoting the objectives of this Act, as the case may be.]
2[(2) On receipt of a reference under sub-section (1), the Commission shall give its opinion, within sixty days of receipt of such reference, to such statutory authority which shall consider the opinion of the Commission and thereafter, give its findings recording reasons therefor on the issues referred to in the said opinion.]
Notes
1. Subs. by Act 9 of 2023, s. 16, for the Proviso (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 15, for sub-section (2) (w.e.f. 20-5-2009).
2. Subs. by Act 39 of 2007, s. 15, for sub-section (2) (w.e.f. 20-5-2009).