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Core Purpose

Notification of the Competition (Form of Publication of Guidelines) Rules, 2023 prescribing the manner of publishing Competition Commission of India guidelines.

Detailed Summary

Notification G.S.R. 795(E) issued by the Ministry of Corporate Affairs on 26 October 2023, under clause (mg) of sub-section (2) of section 63 of the Competition Act, 2002 (12 of 2003), makes the Competition (Form of Publication of Guidelines) Rules, 2023, effective from the date of publication; the rules require the Competition Commission of India, established under section 7(1) of the Act, to issue guidelines under section 64B through publication on its official website, with each guideline specifying a title, effective date, and structured provisions (one sentence and aspect per paragraph, one subject matter per paragraph, drafted in precise, clear, simple English), and require the Secretary (appointed under section 17(1), or an authorised officer) to also publish such guidelines in the Official Gazette for public information; issued under F. No. 05/4/2023-Comp-MCA and signed by Inder Deep Singh Dhariwal, Joint Secretary.

Full Text

6790 GI/202 3 (1) रजजस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 617] NEW DELHI, THURS DAY , OCTOBER 2 6, 2023/ KARTIKA 4, 1945 CG-DL-E-26102023-249704 MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 26 th October, 2023 G.S.R. 795(E).––In exercise of the powers conferred by clause (mg) of sub -section (2) of sec tion 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) T hey 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 esta blished 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 o ther 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 publicati on 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 par ticular 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 DE EP SINGH DHARIWAL , Jt. Secy . Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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