Introduction: The Ministry of Corporate Affairs (MCA) has issued a significant notification on the 26th of October, 2023, under the powers granted by the Competition Act, 2002. This notification introduces the “Competition (Form of Publication of Guidelines) Rules, 2023.”
1. Short Title and Commencement: The rules are officially titled the “Competition (Form of Publication of Guidelines) Rules, 2023.” They came into effect immediately upon their publication. These rules govern the way the Competition Commission of India (CCI) publishes guidelines under the Competition Act, 2002.
2. Definitions:
- Act: Refers to the Competition Act, 2002.
- Commission: Denotes the Competition Commission of India, as established under section 7 of the Act.
- Secretary: Refers to the Secretary appointed under section 17 of the Act. This term also includes an officer of the Commission authorized by the Chairperson to function as Secretary. Any other terms not explicitly defined here are as per their meanings in the Act itself.
3. Publication of Guidelines: The notification mandates the CCI to issue guidelines under section 64B of the Competition Act via its official website. These guidelines should include the title, effective date, clear and concise paragraphs, and a simple language that is easily understandable. Additionally, any other relevant details specific to the guidelines must be included. All guidelines are to be published in English.
Furthermore, the Secretary is responsible for publishing these guidelines in the Official Gazette for the general public’s information.
Conclusion: The Ministry of Corporate Affairs’ recent notification brings about the Competition (Form of Publication of Guidelines) Rules, 2023, which has a direct impact on how guidelines under the Competition Act, 2002, are published. The emphasis on clear and precise language and accessibility is a positive step towards ensuring transparency and understanding among businesses and the public. Stay informed about these rules, as they are essential for businesses and individuals affected by the Competition Act.
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MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 26th October, 2023
G.S.R. 795(E).––In exercise of the powers conferred by clause (mg) of sub-section (2) of section 63 of the Competition Act, 2002 (12 of 2003), the Central Government hereby makes the following rules, namely: –
1. Short title and commencement.–– (1) These rules may be called the Competition (Form of Publication of Guidelines) Rules, 2023.
(2) They shall come into force on the date of their publication.
2. Definitions.–– (1) In these rules, unless context otherwise requires,-
(a) “Act” means the Competition Act, 2002 (12 of 2003);
(b) “Commission” means the Competition Commission of India established under sub-section (1) of section 7 of the Act;
(c) “Secretary” means the Secretary appointed under sub-section (1) of section 17 of the Act and includes an officer of the Commission authorised by the Chairperson to function as Secretary.
(2) All other words and expressions used herein and not defined but defined in the Act shall have the same meanings assigned to them in the Act.
3. Publication of Guidelines.–– (1) The Commission shall issue guidelines under section 64B of the Act through publication on its official website.
(2) The guidelines issued by the Commission shall specify the following:-
(a) title of the guidelines;
(b) date from which such guidelines shall be effective;
(c) one paragraph shall contain only one sentence and one aspect of guidelines and should not have multiple sentences and aspects;
(d) one paragraph shall contain one subject matter of policy;
(e) the provisions shall be drafted in precise, clear and in a simple language; and
(f) any other details relevant to any particular guidelines.
(3) The language of the guidelines shall be English.
(4) The Secretary shall publish the guidelines issued by the Commission in the Official Gazette for information to the public in general.
[F. No. 05/4/2023-Comp-MCA]
INDER DEEP SINGH DHARIWAL, Jt. Secy.
