it4l to :o 1to-33004/99 REGD. NO. D. L.-33004/99 can h ndia EXTRAORDINARY %M III—u 4
PART Ill—Section 4 VtT PUBLISHED BY AUTHORITY '.
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8 TIIEGAZE'ITEOF INDIA: EXTRAORDINARY [PART 111-- SFC.41 THE COMPETITION COMMISSION OF INDIA NOTIFICATION New Delhi, the 15th May, 2009 The Conipetition Commission of India (Procedure for Engagement of Experts and Professionals) Regulations, 2009 (No. 1 of 2009) No R_40007I6f14egExpert1NOtII04-CC1 — In exercise of the powers conferred by clause ('0 sub-section (2) of section 64, read with sub-section (3) of section 17 of the Competition Act, 2002 (12 of 2003) the Competition Commission of India hereby makes the following regulations, namely: -
1. Short title and commencement.– (I) These regulations may be called the Competition Commission of India (Engagement of Experts and Professionals) Regulations, 2009.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.–
(1) In these regulations, unless the context otherwise requires, -
(a) "Act" means the Competition Act, 2002 (2 of 2003);
(b) "Chairperson" means the Chairperson of the Commission appointed under sub-section (1) of section 8 of the Act;
(c) "commission" means the Competition Commission of India established under sub-section (1) of section 701 the Act;
(d) "Director General" means the Director General appointed under sub-section
(1) of section 16 of the Act and includes any Additional, Joint, Deputy or Assistant Directors General appointed under that section
(e) "expert or professional" for the purpose of these regulations means a person of integrity and outstanding ability having special knowledge of, and experience in, economics, law, business or such other discipline related to competition as the Commission deems necessary to assist it in discharge of its functions under the Act;
(/) "Secretary" means the Secretary appointed under sub-section (1) of section II TPI m.- ] iwr ZFT 3Th1TU1 9 17 of the Act and includes an officer of the Commission authorized by the Chairperson to function as Secretary;
(2) Words and expressions used but not defined in these regulations shall have the same meanings respectively assigned to them in the Act or in the Companies Act,.
1956 (1 of 1956), as the case may be.
3. Engagement of experts and professionals. - The Commission may engage such number of experts and professionals in the fields of economics, law, business or such other disciplines related to competition, as it may deem fit.
4. Functions of experts and professionals.— The experts and professionals engaged by the Commission shall discharge such • functions as directed by the Chairperson, in assisting the Commission.
5. Qualifications, experience and classification of experts and professionals. - 1) The experts and professionals to be engaged shall be classified on the basis of their qualifications and experience in the respective fields of specialization and/or the eminence in their professions as given in Schedule 1:
Provided that the Commission may also engage experts and professionals from any other discipline as deemed necessary to assist the Commission in the discharge of its functions under the Act.
(2) Subject to sub-regulation (1) and depending upon the qualification, specialization and experience in respective disciplines, The experts shall be categorized into four levels as given in Schedule II.
6. Remuneration payable to experts and professionals. - The remuneration to be paid by the Commission to different categories of experts and professionals shall be in accordance with Schedule Ill:
Providedthat the Commission may, for reasons to be recorded in writing, agree to pay higher remuneration than those given in Schedule Ill, in specially deserving cases.
7. Evaluation of performance.— The performance of each expert and professional engaged under these regulations, with reference to the tasks assigned and output delivered, shall be reviewed periodically, within such time and manner, as may be specified by the Commission.
8. Procedure of selection of experts and profeionals. - (I) The experts and professionals shall ordinarily be engaged by the Commission on contractual basis for not less than three months and not more than three years.
(2) The Commission may decide, from time to time, the number of the experts and professionals to be engaged.
(3) After the number of the experts and professionals to be engaged is decided, as mentioned in sub-regulation (2), the Secretary shall publish the number of the 10 THE GAZETTE OF INDIA: EXTRAORDINARY [PART 111—Si:c.4 experts and professionals to be engaged with details of qualifications, experience needed and the remuneration payable on the official website of the Commission and invite applications for each category and level of expert and professional giving a stipulated last date for the receipt of the applications for each category and level:
Provided that the Secretary may also invite the applications by suitable public notice, for each category and level of expert and professional.
(4) The Commission shall constitute a selection board for each category of expert and professional The Commission may invite eminent experts having special knowledge and experience In the relevant field to join the selection boards.
(5) The Secretary shall scrutinize the applications in accordance with these regulations and prepare lists of eligible candidates for each category to be called for interview and submit a report to the Commission.
(6) The selection boards mentioned in sub-regulation (4) shall be convened with the approval of the Chairperson for each category and the Secretary shall notify the date and the venue of the interview to the short listed eligible candidates sufficiently in advance.
(7) The recommendations of each selection board regarding engagement for each category shall be placed by the Secretary before the Commission for decision
(8) on approval of the engagements by the Commission as mentioned in subregulation (7), the Secretary shall inform each candidate in writing by an offer letter of engagement giving not less than ten days time to accept the offer of engagement.
(9) After receipt of acceptance from the selected candidates as per sub-regulation (8), the Secretary shall issue letter of engagement to each candidate giving not less than thirty days time to join:
Provided that the joining time may be extended by the Secretary on being satisfied that extension is sought on circumstances beyond the control of the individual candidate.
(JO) The Secretary shall inform the number of selected candidates who have joined in the next meeting of the Commission and obtain approval of the Commission to restart the process of selection to fill up the shortfalls, if any, in the total number of experts and professionals decided to be engaged as per sub-regulation (2).
9. Terms and condition of engagement of experts and professionals. -
(1) The expertand professionals on having accepted the offer of engagement, shall enter into a contract, also having the confidentiality clause, with the Secretary, acting on behalf of the Commission, detailing the terms and conditions of engagement, before being assigned any work.
(2) Theterms and conditions of engagement may be modified, in a specific case, where the Commission deems it necessary.
(3) Without prejudice and in addition to the legal remedies available to the Commission, the breach of agreement executed under sub-regulation (1) by or on behalf of any expert or professional shall be considered a sufficient ground for termination of the engagement made under contract and may further debar such expert or : aTffMTW professional from future engagement by the Commission.
10, Power to relax. - The Commission may relax such restrictions imposed in these regulations as may be.
deemed necessary in the discharge of its functions under the Act, ii. Removal of difficulties. - In the matter of implementation of these regulations, if any doubt or difficulty arises., the same shall be placed before the Commission and the decision of the Commission shall be final.
Schedule F (See reQu1atiOn 'I 4?
Class of Qualifications Experience Expert and professional Economist Essential - In analysis of microeconomic problems, Post Graduate degree in including International trade, Economics investment, project evaluation and from either a recognized University appraisal, industrial organization, in India or abroad, with Industrial economics or economic specialization in Industrial regulation including competition Economics/Industrial assessment, using quantitative Organization/international economic techniques in government, Tradei public sector, private sector, Non Econometrics//Mathematical Governmental Organizations or Economics/Quantitative regulatory authorities or Economic methods/Law and regionallrntemationalfmultilateral Economics. organization(s) Desirable - Or,
(i)Consistent high academic - in universities/reputed research performance. institutions, as Professor] Reader/
(ii)A doctoral degree, from a Lecturer in of Microeconomics/ reputed Industrial Economics/Industrial University/Institution in India or Organization/International from a University or Institution duly trade/Econometrics/Mathematical recognized in India, in Economics Economics/Quantitative Economic in the area of competition policy or methods or, closely related subjects.
closely related areas.
Law Essential - Experience in judicial or legal work, in
(i)Degree of LL.B or equivalent Supreme Court, High Court or any from a recognized University other court, government or a and/or Institute in Regulatory Authority or a Tribunal or India or abroad, recognized by the: any similar forum.
Bar Council of India. Or, Professor/Reader/Lecturer of Law
(ii)Qualified to be registered as an of any recognized advocate in any State Bar Council University/Professional Institute of India of India in terms of Advocate's Act, or abroad with specialization in 1961, teaching competition law, Desirable— Or, Higher qualification with Legal Manager or above in the specialization in competition law or I Corporate sector having experience of 12 THE GAZETTE OF INDIA: EXTRAORDINARY regulatory laws or laws relating to handling acquisitions, mergers& Intellectual Property Rights or amalgamations etc. under competition ___________ International Trade Laws. law.
Chartered Essential - Must have worked as a Chartered Accountant Chartered Accountant in terms of Accountant in reputed organization the Chartered Accountants Act, handling financial ventures of large 1949 (38 of 1949). enterprises or undertakings.
Desirable - Desirable - Chartered Accountants having Experience of handling acquisitions, qualified the Post qualification mergers& amalgamations etc, under course in International Trade Laws competition law.
and WTQ with competition law as a subject.
Cost Essential - Must have worked as a Cost and Accountant Cost and Works Accountants in Works Accountant in reputed terms of the Cost and Works organization handling business Accountants Act, I 959(23of 1959). ventures of large enterprises or Desirable - undertakings.
Post membership qualification in Desirable - competition law or related areas. Experience of handling acquisitions, mergers& amalgamations, etc. under competition law. - Company Essential - Must have worked as a Company Secretary Company Secretary in terms of the Secretary in reputed organization Company Secretaries Act, 1980 handling financial ventures of large (56 of 1980). enterprises or undertakings.
Desirable - Desirable- Company Secretaries having Experience of handling acquisitions, qualified the Post Membership mergers & amalgamations, etc. under Qualification competition law.
(PMQ) course in Corporate Governance including competition law as a sublect Business Essential - Must have worked as a Business Management Post graduate degree and! or Post Manager or Financial Manager in graduate diploma in Master of reputed organization handling financial Business Management from a ventures of large enterprises or recognized University in India or undertakings or from a foreign Professor/Reader/Lecturer of Business University, duly recognized by a Management of any recognized competent authority in the country, University/Professional Institute of India with specialization in financial or abroad.
management Desirable:
and having experience in applying Experience of handling acquisitions, principles of financial management mergers,, amalgamations, etc. under to the conduct of business competition law.
Desirable - Higher qualifications with consistent excellent academic record.
International Essential- Must have worked as a International Trade Degree of LL.B or equivalent from Trade Manager in reputed organization a recognized University and/or handling International Trade ventures Institute in India or abroad, involving imports or exports in large recognized by the Bar Council of enterprises or undertakings.
India with International trade Desirable - - S II '4M IJI__.141 1R1 W 13 110 I as a subject or Post graduate Experience of handling acquisitions, degree in Economics with mergers, amalgamations, etc. under microeconomics and competition law.
specialization in International Trade from recognized University in India or from a foreign University.
Desirable - Higher qualifications with consistent excellent academic record.
Engineering Essential - Worked at senior level positions in Post graduate degree in large Organizations or Corporations Engineering from any University or dealing with technical and engineering Institute of India matters, or Professor/ReaderlLecturer or abroad, duly recognized in India of Engineering of any recognized Desirable - University/Professional Institute of India Higher qualifications with or abroad.
consistent excellent academic record.
Medical Essential - Professor/Reader/Lecturer of medicine MD or MS from a University in of any recognized India or abroad duly recognized by University/Professional Institute of India the Medical or abroad, or a person of eminence in Council of India. the medical profession.
Desirable - Higher qualifications with consistent excellent academic record.
Sciences Essential - Of having worked at senior level Post graduate degree in pure or positions in large Government applied sciences from a Organizations or organizations in recognized University private sector dealing with technical of India or abroad. and scientific matters, or Desirable - Professor/Reader/Lecturer of sciences Higher qualifications with of any recognized consistent excellent academic University/Professional Institute of India ___________ record. or abroad.
Any other Essential - (1)Of having worked at senior level sector Graduate degree from a duly position ma leading industry in private recognized University in India or or public sector, in the specific sector of abroad in the relevant field. economy, in which expertise is claimed Desirable— and/or Higher qualifications with (2) recognition as an expert in the consistent excellent academic relevant sector of the market by record. majority of the market players either through publication of articles or awards or public acclaim to the satisfaction of the Commission; or.
(3) Professor/Reader/Lecturer of Business Management of any recognized University/Professional Institute of India or abroad.
Desirable - Experience of dealing with regulators.
14 'ME GAZETTE OF INDIA: EXTRAORDINARY ART Ill— Sic. 4 Schedule U (See recju!atiori 5) Category of expert and professional Preferred experience in years Level I Upto three year s Level ii: Threeto five years Uvell In Five to ten years Level IV Ten to fifteen years Level V Fifteenyears or more Schedule Ill (See regulation 6) V Level of expert and professional Lump sum monthly remuneration I Rs 30,000 with 10 per-cents increase on completion of each year IL Rs 50,000 with 10 per-cents increase on completion of each year, III Rs 75,000 with 10 per-cents increase on completion of each year Iv Rs. 100, 000 with 10 per-cents increase on completion of each year V Rs 125, 000 with 10 per-cents increase on completion of each year S. L. BUNKER, Secy.
[ADVT 11114/1 87-M/09-Exty.i Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi-i 10064 and Published by the Controller of Publications, Delhi-110054.