Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 31] [Entire Act]

Union of India - Section

Section 11 in The Competition Act, 2002

11. Resignation, removal and suspension of Chairperson and other Members. -

(1)The Chairperson or any other Member may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the Chairperson or a Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2)Notwithstanding anything contained in sub-section (1), the Central Government may, by order, remove the Chairperson or any other Member from his office if such Chairperson or Member, as the case may be,-
(a)is, or at any time has been, adjudged as an insolvent; or
(b)has engaged at any time, during his term of office, in any paid employment; or
(c)has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(d)has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
(e)has so abused his position as to render his continuance in office prejudicial to the public interest; or
(f)has become physically or mentally incapable of acting as a Member.
(3)Notwithstanding anything contained in sub-section (2), no Member shall be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court, on a reference being made to it in this behalf by the Central Government, has, on an inquiry, held by it in accordance with such procedure as may be prescribed in this behalf by the Supreme Court, reported that the Member, ought on such ground or grounds to be removed.[12. Restriction on employment of Chairperson and other Members. - The Chairperson and other Members shall, for a period of two years from the date on which they cease to hold office, not accept any employment in or advise as a consultant, retainer or in any other capacity whatsoever, or be connected with the management or administration of -
(a)any enterprise which is or has been a party to a proceeding before the Commission under this Act; or
(b)any person who appears or has appeared before the Commission under section 35.
(2)Notwithstanding anything contained in section 35, the Chairperson or any other Member after retirement or otherwise ceasing to be in service for any reason shall not represent for any person or enterprise before the Commission: Provided that nothing contained in this section shall apply to any employment under the Central Government or a State Government or local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).][13. Administrative powers of Chairperson. - The Chairperson shall have the powers of general superintendence, direction and control in respect of all administrative matters of the Commission:Provided that the Chairperson may delegate such of his powers relating to administrative matters of the Commission, as he may think fit, to any other Member or officer of the Commission.]