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Unit 5: The Competition Act, 2002

Rectification of Orders Notes
Sec.38 provides as follows:
1. With a view to rectifying any mistake apparent from the record, the Commission may
amend any order passed by it under the provisions of this Act.
2. Subject to the other provisions of this Act, the Commission may make (a) an amendment
under (1) of its own motion; (b) an amendment for rectifying any such mistake which has
been brought to its notice by any party to the order.

Execution of Orders of Commission

Sec.39 provides that every order passed by the Commission under this Act shall be enforced by
the Commission in the same manner as if it were a decree or order made by a High Court or the
principal civil court in a suit pending therein and it shall be lawful for the Commission to send,
in the event of its inability to execute it, such order to the High Court or the principal civil court,
as the case may be, within the local limits of whose jurisdiction,

(a) in the case of an order against a person referred to in Sec.2, the registered office or the
sole or principal place of business of the person in India or where the person has also a

subordinate office, that subordinate office, is situated;

(b) in the case of an order against any other person, the place, where the person concerned
voluntarily resides or carries on business or personally works for gain, is situated, and
thereupon the court to which the order is so sent shall execute the order as if it were a
decree or order sent to it for execution.

Appeal

Sec.40 provides that any person aggrieved by any decision or order of the Commission may fi le
an appeal to the Supreme Court within sixty days from the date of communication of the decision
or order of the Commission to him on one or more of the grounds specified in Sec.100 of the Code

of Civil Procedure, 1908. However, the Supreme Court may, if it is satisfied that the appellant

was prevented by sufficient cause from filing the appeal within the said period, allow it to be

filed within a further period not exceeding sixty days.

Task A manufacturer of electrical goods stipulated to his retailers that they should
not sell the goods below the minimum price, nor above the maximum price
nor with variation in the stipulated price. Does this amount to resale price
maintenance? [Hint. Yes, it does].

5.8 Finance, Accounts and Audit

Grants by Central Government

Sec.50 provides that Central Government may after due appropriation made by Parliament by
law in this behalf, make to the Commission grants of such sums of money as the Government
may think fit for being utilized for the purposes of this Act.

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