[PUBLISHED IN PART II, SECTION 3 (i) OF
THE GAZETTE OF INDIA (EXTRAORDINARY)]
GOVERNMENT OF
INDIA
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)
"Act" means the Competition
Act, 2002 (12 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 7
of the Act;
(d)
"Form" means a form specified
in the Schedule to these Rules;
(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
India