Section 21A
Reference by Commission.
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[21A. Reference by Commission.--(1) Where in the course of a proceeding before the Commission
an issue is raised by any party that any decision which, the Commission has taken during such proceeding
or proposes to take, is or would be contrary to any provision of 2[an Act] whose implementation is
entrusted to a statutory authority, then the Commission may make a reference in respect of such issue to
the statutory authority:
3[Provided that the Commission, may, suo motu, make a reference to a statutory authority on any issue that involves provisions of an Act whose implementation is entrusted to that statutory authority.]
(2) On receipt of a reference under sub-section (1), the statutory authority shall give its opinion, within sixty days of receipt of such reference, to the Commission which shall consider the opinion of the statutory authority, and thereafter give its findings recording reasons therefor on the issues referred to in the said opinion.]
3[Provided that the Commission, may, suo motu, make a reference to a statutory authority on any issue that involves provisions of an Act whose implementation is entrusted to that statutory authority.]
(2) On receipt of a reference under sub-section (1), the statutory authority shall give its opinion, within sixty days of receipt of such reference, to the Commission which shall consider the opinion of the statutory authority, and thereafter give its findings recording reasons therefor on the issues referred to in the said opinion.]
Notes
1. Ins. by s. 16, ibid., (w.e.f. 20-5-2009).
2. Subs. by Act 9 of 2023, s. 17, for "this Acbqts (w.e.f. 18-5-2023).
3. Subs. by s. 17, ibid., for the Proviso (w.e.f. 18-5-2023).
2. Subs. by Act 9 of 2023, s. 17, for "this Acbqts (w.e.f. 18-5-2023).
3. Subs. by s. 17, ibid., for the Proviso (w.e.f. 18-5-2023).