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[Cites 0, Cited by 0] [Section 45] [Entire Act]

Union of India - Subsection

Section 45(1) in The Competition Commission of India (General) Regulations, 2009

(1)Subject to the provisions of clause (d) of sub-section (2) of section 36 and subsection (2) of section 41 of the Act, the Commission or the Director General, as the case may be, either on its or his own motion or on an application made by a party to any proceeding before the Commission or the Director General, may issue a commission for the examination on questionnaires or otherwise of the specified witness (es).-
(a)residing within India;
(b)who is about to leave India before the date on which he or she is required to be examined as a witness;
(c)who ,being in the service of the Central Government, a State Government or a statutory authority, cannot, in the opinion of the Commission or the Director General, as the case may be, attend without detriment to the public service;
(d)who is unable to attend due to sickness or infirmity;
(e)who resides at a place which is more than five hundred kilometers distance from the office of the Commission or the Director General, as the case may be, and whose attendance, in the opinion of the Commission or the Director General, as the case may be, cannot be procured without incurring unnecessary expense within the stipulated time;
(f)not being covered under any of the situations mentioned in clauses (a) to (e), if his or her evidence is considered necessary in the interest of justice.