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Section 21: Reference by statutory authority.

The Competition Act, 2002Central Act · Act 12 of 2003

(1) Where in the course of a proceeding before any statutory authority an issue is raised by any party that any decision which such statutory authority has taken or proposes to take, is or would be, contrary to any of the provisions of this Act, then such statutory authority may make a reference in respect of such issue to the Commission:

[Provided that any statutory authority, may, suo motu, make a reference to the Commission on any issue that involves any provision of this Act or is related to promoting the objectives of this Act, as the case may be.]

[(2) On receipt of a reference under sub-section (1), the Commission shall give its opinion, within sixty days of receipt of such reference, to such statutory authority which shall consider the opinion of the Commission and thereafter, give its findings recording reasons therefor on the issues referred to in the said opinion.]

Where this provision sits

ActThe Competition Act, 2002
Section21
Marginal noteReference by statutory authority.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 9 of 2023. . Subs. by Act 9 of 2023, s. 16, for the Proviso (w.e.f. 18-5-2023).
  • substituted, Act 39 of 2007. . Subs. by Act 39 of 2007, s. 15, for sub-section (2) (w.e.f. 20-5-2009).

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