PUBLISHED IN PART II, SECTION 3 (i) OF
THE GAZETTE OF
GOVERNMENT OF
MINISTRY OF
FINANCE
NOTIFICATION
G.S.R 757(E). - In exercise of the powers conferred by
clause (b) of sub-section (2) of section 63, read with sub-section (3) of
section 10, 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 Commission of India (Oath of Office
and of Secrecy for Chairperson and other members) Rules, 2003.
(2) They shall come
into force on the date of their publication in the Official
Gazette.
2.
Definitions.- (1) In
these rules, unless the context otherwise requires, -
(a)
(a)
“Act” means the Competition Act,
2002 (12 of 2003);
(b) (b) “Chairperson” means the Chairperson of the
Commission appointed under sub-section (1) of section 8 of the
Act;
(c)
(c)
“Commission” means the Competition
Commission of India established under sub-section (1) of section 7 of the
Act;
(d) (d) “Form” means a form specified in the Schedule
to these Rules;
(e)
(e)
“Member” means a member of the
Commission appointed under sub-section (1) of section 8 of the Act.
(2) All other words and
expressions used in these rules but not defined, shall have the same meanings
respectively assigned to them in the Act.
3.
Oath of office and of secrecy.- (1)
Every person appointed to be the Chairperson shall, before entering upon his
office, make and subscribe to an oath of office and of secrecy before the
Minister in charge of the Department of Company Affairs in the Form I and Form
II, respectively, as specified in the Schedule annexed to these
rules.
(2) Every
person appointed to be a member shall, before entering upon his office, make and
subscribe to an oath of office and of secrecy before the Chairperson, or, in his
absence, before the senior-most member acting as Chairperson, or, in the absence
of such Chairperson or senior-most member acting as Chairperson, before the
Secretary to the Government of India in the Department of Company Affairs, in
Form I and Form II, respectively, as specified in the Schedule annexed to these
rules.
THE SCHEDULE
(See rule
3)
“I, A.B., having been appointed as Chairperson/member of the
Competition Commission of India do solemnly
affirm
swear in the name of God
that I will faithfully and
conscientiously discharge my duties as Chairperson/member to the best of my
ability, knowledge and judgment, without fear or favour, affection or
ill-will.”
(See rule
3)
“I,
A.B., having been appointed as Chairperson/member of the Competition Commission
of India do
solemnly affirm
swear in the name of God
that I will
not directly or indirectly communicate or reveal to any person or persons any
matter which shall be brought under my consideration or shall become known to me
as Chairperson/member of the said Commission except as may be required for the
due discharge of my duties as Chairperson/member.”
[File
No.1/10/2003-CL.V]
Rajiv
Mehrishi,
Joint Secretary to
the Govt of