Questions and Answers
What is the primary role of the Director General according to Chapter V?
Which section addresses penalties for non-compliance with directions from the Commission and Director General?
Which of the following sections includes provisions for compensation in the event of contravention of Commission orders?
Which section is responsible for stipulating the power to impose a lesser penalty?
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What action does Section 44 address concerning false statements?
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Which penalty is outlined in Section 43A?
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What is the consequence detailed in Section 48 regarding violations by companies?
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Which section describes the process for realizing and allocating penalties to the Consolidated Fund of India?
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Which chapter primarily focuses on competition advocacy?
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What does Section 42 specify regarding the Commission's orders?
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Study Notes
Appeal and Tribunal Procedures
- The Appellate Tribunal handles appeals related to decisions made by lower authorities.
- Certain provisions, like those under 53N, 53O, and 53P, detail the compensation awarded to individuals, tribunal procedures, and execution of tribunal orders.
- Powers granted to appellate tribunals include the authority to penalize for contempt as outlined in section 53U.
Miscellaneous Provisions
- The Central Government is empowered to issue directions, supersede the Commission, and exempt certain entities from regulations as per sections 54 to 56.
- Section 57 imposes restrictions on the disclosure of information.
- Members, including the Chairperson and other officials, are classified as public servants and protected under section 59 for actions taken in good faith.
- The law is designed to have overriding effects on other laws, and civil courts' jurisdiction may be excluded as per sections 60 and 61.
Administrative Powers
- The Chairperson has general superintendence and can delegate powers as needed for administrative matters.
- Specific terms of service, including salaries and allowances for the Chairperson and Members, are established but cannot be altered to their disadvantage after appointment.
Validity of Commission Proceedings
- Commission proceedings remain valid despite vacancies or defects in appointments, ensuring stability and continuity in operations.
Director General's Role
- The Director General is responsible for investigating contraventions of regulations as detailed in Chapter V.
Penalties and Compliance
- Contraventions and non-compliance with the Commission's directives can lead to penalties, including provisions for falsifying information.
- Penalties imposed are credited to the Consolidated Fund of India, as noted in sections 47 and 48.
Competition Advocacy and Financial Management
- Competition advocacy aims to promote fair competition as defined in Chapter VII.
- Financial management includes grants from the Central Government, the establishment of a Fund, and auditing requirements, covered in Chapters VIII and VIIIA.
Appellate Tribunal Structure
- Chapter VIIIA introduces the structure and framework for the Appellate Tribunal, with sections 53A and 53B focusing on its establishment and operational guidelines.
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Description
This quiz covers the procedures and powers of the Appellate Tribunal as outlined in legal frameworks. It delves into the aspects of awarding compensation, execution of orders, and rights to legal representation. Test your understanding of the updates following the Finance Act, 2017.
