In exercise
of the powers conferred by clause (a) of sub-section (2) of section 63
read with sub-section (2) of section 9, of the Competition Act, 2002 (12 of
2003) and in supersession of the Competition Commission of India (Selection of
Chairperson and other Members of the Commission) Rules, 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 (Term of the Selection Committee and the manner of selection of panel of
names) Rules, 2008.
(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) 'Act' means
the Competition Act, 2002 (12 of 2003);
(b) 'Committee'
means the Selection Committee constituted under sub-section (1) of section 9 of
the Act.
(2) Words
and expressions used but not defined in these rules and defined in the
Competition Act, 2002 (12 of 2003) shall have the same meaning assigned to them
in that Act.
3. Term of the
Committee. - The term of the Committee constituted under sub-section (1)
of section 9 shall be for a period of one year from the date of its
constitution.
4. Manner of Selection of a panel of names. -
(1) Whenever any vacancy of Chairperson or other Members of the Commission
exists or as and when such vacancy arises or is likely to arise, the Central
Government may make a reference to the Committee in respect of such vacancy or
vacancies for recommendation of a panel of names.
(2)
The Committee shall devise its own procedure for selecting the persons for
inclusion in the panel of names to be recommended for appointment as the
Chairperson or a Member of the Commission.
(3)
The Committee shall make its recommendations to the Central Government, within
a period not exceeding one hundred and twenty days from the date of reference
made under sub-rule (1).
(4)
The Joint Secretary nominated by the Ministry of Corporate Affairs shall be the
Convener of the Committee.
5. Functions of
Committee. - On a reference made by the Central Government, –
(i) the Committee shall recommend a
panel of not more than three persons, selected under sub-rule (2) of rule 4, in
respect of each vacancy that has been referred to the Committee.
(ii) the Committee shall review the appointments
made to the Competition Commission of India before the commencement of these
rules and make appropriate recommendations, in respect of such appointments.
[F.
No. 5/1/2008/C.L.-V]