Competition Act, 2002 (12 of 2003) as amended by

The Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) (w.e.f. 31-10-2019) alongwith

H The Competition Commission of India (General) Regulations, 2009 as amended by

The Competition Commission of India (General) Amendment Regulations, 2022 (Noti. No. L-3(2)/Regln-Gen. (Amdt.)/2022/CCI, dated 8-4-202

H The Competition Commission of India (Procedure for Engagement of Experts and Professionals) Regulations, 2009 as amended by

The Competition Commission of India (Procedure for Engagement of Experts and Professionals) Amendment Regulations, 2022 (Noti. F. No. A-12015/01/2022-HR/CCI, dated 12-9-2022)

H Latest Allied Rules & Regulations

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GENERAL CONTENTS 1. The Competition Act, 2002 2. The Competition Commission of India (Selection of Chairperson and other Members of the Commission) Rules, 2003 3. The Competition Commission of India (Oath of Office and of Secrecy for Chairperson and Other Members) Rules, 2003 4. The Competition Commission of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Rules, 2003 [As amended by the C.C.I. (Salary, Allowances, etc.) Amendment Rules, 2018] 5. The Competition Commission of India (Term of the Selection Committee and the Manner of Selection of Panel of Names) Rules, 2008 [As amended by the C.C.I. (Term of the Selection Committee, etc.) Amendment Rules, 2018] 6. The Competition Commission of India (Return on Measures for the Promotion of Competition Advocacy, Awareness and Training on Competition Issues) Rules, 2008 7. The Competition Appellate Tribunal (Salaries and Allowances and other Terms and Conditions of Service of the Chairperson and other Members) Rules, 2009 8. The Competition Commission of India (Number of Additional, Joint, Deputy or Assistant Director-General other Officers and Employees, their Manner of Appointment, Qualification, Salary, Allowances and other Terms and Conditions of Service) Rules, 2009 9. The Competition Appellate Tribunal (Form and Fee for Filing an Appeal and Fee for Filing Compensation Applications) Rules, 2009 10. The Competition Commission of India (Director-General) Recruitment Rules, 2009 11. The Competition Commission of India (Form of Annual Statement of Accounts) Rules, 2009 12. The Competition Commission of India (Form and Time of Preparation of Annual Report) Rules, 2008 13. The Competition Commission of India (Salary, Allowances, other Terms and Conditions of Service of the Secretary and Officers and other Employees of the Commission and the Number of such Officers and other Employees) Rules, 2009 14. The Competition Commission of India (General) Regulations, 2009 [As amended by the C.C.I. (General) Amendment Regulations, 2022] (a-i)

COMPETITION (AMENDMENT) ACT, 2009

(a-iii)

THE COMPETITION (AMENDMENT) ACT, 2009* (39 OF 2009) [22nd December, 2009] An Act further to amend the Competition Act, 2002. BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:— 1. Short title and commencement.—(1) This Act may be called THE COMPETITION (AMENDMENT) ACT, 2009. (2) It shall be deemed to have come into force on the 14th day of October, 2009. 2. Amendment of section 66 of Act 12 of 2003.—In section 66 of the Competition Act, 2002,— (a) in sub-section (1), the proviso and the Explanation thereto shall be omitted; (b) in sub-section (3),— (i) for the words, brackets and figure “after the expiry of two years referred to in the proviso to sub-section (1)”, the words, brackets and figures “on the commencement of the Competition (Amendment) Act, 2009” shall be substituted; (ii) the following Explanation shall be inserted, namely:— “Explanation.—For the removal of doubts, it is hereby declared that all cases referred to in this sub-section, sub-section (4) and sub-section (5) shall be deemed to include all applications made for the losses or damages under section 12-B of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) as it stood before its repeal; (c) in sub-section (4),— (i) for the words, brackets and figure “on or before the expiry of two years referred to in the proviso to sub-section (1)”, the words, brackets and figures “immediately before the commencement of the Competition (Amendment) Act, 2009, shall, on such commencement” shall be substituted; (ii) after the proviso, the following proviso shall be inserted, namely:— “Provided further that all the cases relating to the unfair trade practices pending, before the National Commission under this sub-section, on or before the date on which the Competition (Amendment) Bill, 2009 receives the assent of the President, shall, on and from that date, stand transferred to the Appellate Tribunal and be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not been repealed.”; (d) in sub-section (5), for the words, brackets and figure “after the expiry of two years referred to in the proviso to sub-section (1)”, the words, *Received the assent of the President on 22-12-2009 and published in the Gazette of India, Ext., Pt. II, S. 1, dated 23-12-2009.

(a-iv)

COMPETITION (AMENDMENT) ACT, 2009

brackets and figures “on the commencement of the Competition (Amendment) Act, 2009” shall be substituted; (e) in sub-section (7), the following proviso shall be inserted, namely:— “Provided that all investigations or proceedings, relating to unfair trade practices pending before the National Commission, on or before the date on which the Competition (Amendment) Bill, 2009 receives the assent of the President shall, on and from that date, stand transferred to the Appellate Tribunal and the Appellate Tribunal may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit .”. 3. Repeal and savings.—(1) The Competition (Amendment) Ordinance, 2009 (Ord. 6 of 2009) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Competition Act, 2002 (12 of 2003), as amended by the said Ordinance, shall be deemed to have been done or taken under the said Act as amended by this Act. —————

CONTENTS

THE COMPETITION ACT, 2002 Section 1. 2.

3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.

18. 19. 20. 21. 21-A. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37.

Page CHAPTER I PRELIMINARY Short title, extent and commencement ... Definitions ... CHAPTER II PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF DOMINANT POSITION AND REGULATION OF COMBINATIONS Prohibition of agreements Anti-competitive agreements ... Prohibition of abuse of dominant position Abuse of dominant position ... Regulation of combinations Combination ... Regulation of combinations ... CHAPTER III COMPETITION COMMISSION OF INDIA Establishment of Commission ... Composition of Commission ... Selection Committee for Chairperson and Members of Commission ... Term of office of Chairperson and other Member ... Resignation, removal and suspension of Chairperson and other Members ... Restriction on employment of Chairperson and other Members in certain cases ... Administrative powers of Chairperson ... Salary and allowances and other terms and conditions of services of Chairperson and other Members ... Vacancy, etc., not to invalidate proceedings of Commission ... Appointment of Director General, etc. ... Appointment of Secretary, experts, professionals and officers and other employees of Commission ... CHAPTER IV DUTIES, POWERS AND FUNCTIONS OF COMMISSION Duties of Commission ... Inquiry into certain agreements and dominant position of enterprise ... Inquiry into combination by Commission ... Reference by statutory authority ... Reference by Commission ... Meetings of Commission ... [Omitted] ... [Omitted] ... [Omitted] ... Procedure for inquiry under section 19 ... Orders by Commission after inquiry into agreements or abuse of dominant position ... Division of enterprise enjoying dominant position ... Procedure for investigation of combinations ... Procedure in case of notice under sub-section (2) of section 6 ... Orders of Commission on certain combinations ... Acts taking place outside India but having an effect on competition in India ... Power to issue interim orders ... [Omitted] ... Appearance before Commission ... Power of Commission to regulate its own procedure ... [Omitted] ...

3 3

6 8 9 12 13 13 14 15 15 16 17 17 17 18 19 19 20 21 23 23 24 25 25 25 26 27 29 29 30 31 32 33 34 34 35 37

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CONTENTS

Section 38. Rectification of orders 39. Execution of orders of Commission imposing monetary penalty 40. [Omitted] CHAPTER V DUTIES OF DIRECTOR GENERAL 41. Director General to investigate contraventions CHAPTER VI PENALTIES 42. Contravention of orders of Commission 42-A. Compensation in case of contravention of orders of Commission 43. Penalty for failure to comply with directions of Commission and Director General 43-A. Power to impose penalty for non-furnishing of information on combinations 44. Penalty for making false statement or omission to furnish material information 45. Penalty for offences in relation to furnishing of information 46. Power to impose lesser penalty 47. Crediting sums realised by way of penalties to Consolidated Fund of India 48. Contravention by companies CHAPTER VII COMPETITION ADVOCACY 49. Competition advocacy CHAPTER VIII FINANCE, ACCOUNTS AND AUDIT 50. Grants by Central Government 51. Constitution of Fund 52. Accounts and audit 53. Furnishing of returns, etc., to Central Government CHAPTER VIII-A APPELLATE TRIBUNAL 53-A. Appellate Tribunal 53-B. Appeal to Appellate Tribunal 53-C. [Omitted] 53-D. [Omitted] 53-E. [Omitted] 53-F. [Omitted] 53-G. [Omitted] 53-H. [Omitted] 53-I. [Omitted] 53-J. [Omitted] 53-K. [Omitted] 53-L. [Omitted] 53-M. [Omitted] 53-N. Awarding compensation 53-O. Procedure and powers of Appellate Tribunal 53-P. Execution of orders of Appellate Tribunal 53-Q. Contravention of orders of Appellate Tribunal 53-R. [Omitted] 53-S. Right to legal representation 53-T. Appeal to Supreme Court 53-U. Power to punish for contempt

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CONTENTS

(v)

Section

Page CHAPTER IX MISCELLANEOUS

54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66.

Power to exempt Power of Central Government to issue directions Power of Central Government to supersede Commission Restriction on disclosure of information Chairperson, Members, Director-General, Secretary, officers and other employees, etc., to be public servants Protection of action taken in good faith Act to have overriding effect Exclusion of jurisdiction of Civil Courts Application of other laws not barred Power to make rules Power to make regulations Power to remove difficulties Repeal and saving —————

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54 54 55 56

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56 57 57 58 58 58 60 61 61

THE COMPETITION COMMISSION OF INDIA (SELECTION OF CHAIRPERSON AND OTHER MEMBERS OF THE COMMISSION) RULES, 2003 Rule

1. 2. 3. 4. 5.

Short title and commencement Definitions Constitution of committee Functions of committee Vacancy, etc., not to invalidate proceedings of the committee —————

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67 67 67 68 68

THE COMPETITION COMMISSION OF INDIA (OATH OF OFFICE AND OF SECRECY FOR CHAIRPERSON AND OTHER MEMBERS) RULES, 2003 1. Short title and commencement 2. Definitions 3. Oath of office and of secrecy THE SCHEDULE FORM I—Form of oath of office for Chairperson/Members of the Competition Commission of India FORM II—Form of oath of secrecy for Chairperson/Members of the Competition Commission of India —————

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69 69 69 70

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THE COMPETITION COMMISSION OF INDIA (SALARY, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF CHAIRPERSON AND OTHER MEMBERS) RULES, 2003 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Short title and commencement Definitions Pay New Pension Scheme [Omitted] Leave Travelling and daily allowances Official visits abroad Leave travel concession [Omitted] Facility for medical treatment Other conditions of service —————

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71 71 71 71 71 71 72 72 72 72 72 72

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CONTENTS

THE COMPETITION COMMISSION OF INDIA (TERM OF THE SELECTION COMMITTEE AND THE MANNER OF SELECTION OF PANEL OF NAMES) RULES, 2008 Rule 1. 2. 3. 4. 5.

Short title and commencement Definitions Term of the Committee Manner of selection of a panel of names Functions of Committee

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THE COMPETITION COMMISSION OF INDIA (RETURN ON MEASURES FOR THE PROMOTION OF COMPETITION ADVOCACY, AWARENESS AND TRAINING ON COMPETITION ISSUES) RULES, 2008 1. Short title and commencement 2. Definitions 3. Preparation and furnishing of the return on measures SCHEDULE—Form of the Return on Measures on Competition Advocacy and Annexures —————

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74 74 74

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THE COMPETITION APPELLATE TRIBUNAL (SALARIES AND ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF THE CHAIRPERSON AND OTHER MEMBERS) RULES, 2009 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

Short title and commencement Definitions Salary, allowances, etc., of the Chairperson Other conditions of service of Chairperson Salary of Member Dearness allowance and other allowances Leave Leave sanctioning authority Pension Travelling allowance Leave Travel Concession Facilities of medical treatment Transport Accommodation Official visits abroad Applicability of rules Oath of office and secrecy Declaration of financial or other interest Residuary provisions Powers to relax FORM I—Form of oath of office for Chairperson or Members of the Competition Appellate Tribunal FORM II—Form of oath of secrecy for Chairperson or Members of the Competition Appellate Tribunal FORM III—Declaration against acquisition of any adverse financial or other interest —————

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76 76 76 76 77 77 77 78 78 78 78 78 78 78 79 79 79 79 79 80

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THE COMPETITION COMMISSION OF INDIA (NUMBER OF ADDITIONAL, JOINT, DEPUTY OR ASSISTANT DIRECTORGENERAL OTHER OFFICERS AND EMPLOYEES, THEIR MANNER OF APPOINTMENT, QUALIFICATION, SALARY, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE) RULES, 2009 Rule 1. Short title and commencement 2. Definitions 3. Salary and allowances of the Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General and their number 4. Conditions of service 5. Official visits abroad 6. Deputation allowance 7. Procedure for recruitment 8. Qualification 9. Residuary provision 10. Powers to relax SCHEDULE I SCHEDULE II—MEDICAL FACILITIES SCHEDULE III —————

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81 81 83 83 83 83 83 83 84 84 86

THE COMPETITION APPELLATE TRIBUNAL (FORM AND FEE FOR FILING AN APPEAL AND FEE FOR FILING COMPENSATION APPLICATIONS) RULES, 2009 1. 2. 3. 4. 5.

Short title and commencement Definitions Form and verification while filing an appeal Fee Powers to relax FORM —————

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94 94 94 95 96 96

THE COMPETITION COMMISSION OF INDIA (DIRECTORGENERAL) RECRUITMENT RULES, 2009 1. Short title and commencement 2. Number of posts, classification and pay band with grade pay or pay scale 3. Method of recruitment, eligibility, etc. 4. Disqualification 5. Power to relax SCHEDULE —————

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99 99 99 99 100

THE COMPETITION COMMISSION OF INDIA (FORM OF ANNUAL STATEMENT OF ACCOUNTS) RULES, 2009 1. 2. 3. 4. 5. 6.

Short title and commencement Definitions Forms of Financial Statements Incurring of Expenditure by the Commission Annual Statement of Accounts Maintenance of Accounts, etc. FORM OF FINANCIAL STATEMENTS —————

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102 102 102 102 102 103 103

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CONTENTS

THE COMPETITION COMMISSION OF INDIA (FORM AND TIME OF PREPARATION OF ANNUAL REPORT) RULES, 2008 Rule 1. Short title and commencement 2. Definitions 3. Preparation and furnishing of the Annual Report SCHEDULE —————

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THE COMPETITION COMMISSION OF INDIA (SALARY, ALLOWANCES, OTHER TERMS AND CONDITIONS OF SERVICE OF THE SECRETARY AND OFFICERS AND OTHER EMPLOYEES OF THE COMMISSION AND THE NUMBER OF SUCH OFFICERS AND OTHER EMPLOYEES) RULES, 2009 1. Short title and commencement 2. Definitions 3. Salary and allowances of the Secretary and officers and other employees of the Commission and the number of such officers and other employees 4. Conditions of service 5. Official visits abroad 6. Deputation allowance 7. Residuary provision 8. Powers to relax SCHEDULE I SCHEDULE II —————

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123 123 124 124 124 124 125 144

THE COMPETITION COMMISSION OF INDIA (GENERAL) REGULATIONS, 2009 Regulation 1. Short title and commencement 2. Definitions 3. Powers to determine procedure in certain circumstances 4. Seal and emblem 5. Language of the Commission 6. Filing of documents in Hindi 7. Translation of documents 8. Holidays to be observed by the Commission 9. Computation of time 10. Contents of information or the reference 11. Signing of information or reference 12. Procedure for filing of information or reference 13. Procedure for filing of information or reference in electronic form 14. Powers and functions of the Secretary 15. Procedure for scrutiny of information or reference 16. Opinion on existence of prima facie case 17. Preliminary conference 18. Issue of direction to cause investigation on prima facie case 19. Communication of order when no prima facie case found 20. Investigation by Director General 21. Procedure for inquiry under section 26 of the Act

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145 145 146 146 146 146 146 146 147 147 147 148 148 148 150 151 151 152 152 152 152

CONTENTS Regulation 22. Mode of service of notice, etc. 23. Filings before Commission 24. Power of Commission to join or substitute parties in proceedings 25. Power of Commission to permit a person or enterprise to take part in proceedings 26. Power to strike out unnecessary party 27. Power of Commission to joint multiple information 28. Amendment of information 29. Manner of making submissions or arguments by parties before Commission 30. Power of the Commission to continue proceedings in absence of party 31. Interim order 32. Final order 33. Reference from statutory authority or the Central Government or a State Government 34. Reference by the Commission to statutory authority for opinion 35. Confidentiality 36. Compliance of orders of Commission 37. Inspection and certified copies of documents 38. [Omitted] 39. Continuation of proceedings after death of a party or adjudication of a party as insolvent 40. Effect of non-compliance 41. Taking of evidence 42. Supporting of facts by filing of affidavit 43. Production of additional evidence before Commission 44. Power of Commission to call for information, etc. 45. Power of Commission or Director General to issue commissions for examination of witnesses or documents 46. Authorising a representative to appear 46-A. Authorizing an Advocate to accompany any person summoned by the Director General 47. Proceedings before Commission not to be open to public 48. Procedure for imposition of penalty under the Act 49. Fee under clause (a) of sub-section (1) of section 19 of the Act 50. Inspection and copying charges 51. Empanelment of special counsel by Commission 52. Inviting experts of eminence to assist Commission 53. Publication 54. Removal of difficulty ANNEXURE —————

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THE COMPETITION COMMISSION OF INDIA (DETERMINATION OF COST OF PRODUCTION) REGULATIONS, 2009 1. 2. 3. 4. 5. 6.

Short title and commencement Definitions Determination of cost Engagement of experts Request for confidentiality Removal of difficulty —————

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170 170 171 171 171 171

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CONTENTS

THE COMPETITION COMMISSION OF INDIA (LESSER PENALTY) REGULATIONS, 2009 Regulation 1. Short title and commencement 2. Definitions 3. Conditions for lesser penalty 4. Grant of lesser penalty 5. Procedure for grant of lesser penalty 6. Confidentiality 6-A. Inspection of documents 7. Removal of difficulty THE SCHEDULE—CONTENTS OF THE APPLICATION —————

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THE COMPETITION COMMISSION OF INDIA (MEETING FOR TRANSACTION OF BUSINESS) REGULATIONS, 2009 1. 2. 3. 3-A. 4. 5. 6.

Short title and commencement Definitions Meetings for transaction of business and their procedure Coram for meetings of Commission Power to regulate procedure in certain circumstances Effect of any irregularity of procedure Removal of difficulty —————

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176 176 177 178 178 178 178

THE COMPETITION APPELLATE TRIBUNAL (PROCEDURE FOR APPEALS AND APPLICATIONS) REGULATIONS, 2010 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

CHAPTER I GENERAL Short title and commencement Definitions Procedure of the Tribunal Language of the Tribunal Sittings of the Tribunal Official seal of the Tribunal Functions of the Registrar Fee Registration of appeal/application Pleadings before the Tribunal Signing of the pleading, etc., to be filed before the Tribunal Service of notice or other documents Adjournment of hearings Ex parte hearings Custody of records Inspection and certified copies of documents, papers, etc. Order or judgments of the Tribunal Rectification of errors

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CONTENTS

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Regulation CHAPTER II APPEALS 19. Appeal to the Appellate Tribunal CHAPTER III APPLICATIONS 20. Application for claim for compensation 21. Interpretation FORM _________

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THE COMPETITION APPELLATE TRIBUNAL (PROCEDURE) REGULATIONS, 2011 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16.

Short title and commencement Definitions Language of the Tribunal Sittings of the Tribunal Official seal of the Tribunal Functions of the Registrar Registration of appeal or application Pleadings before the Tribunal Service of notice or other documents Adjournment of hearings Ex parte hearings Custody of records Inspection and certified copies of documents and other papers Order or judgments of the Tribunal Rectification of errors Interpretation ______________

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186 186 187 187 187 187 187 188 188 188 188 188 188 188 189 189

THE COMPETITION COMMISSION OF INDIA (MANNER OF RECOVERY OF MONETARY PENALTY) REGULATIONS, 2011 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

Short title and commencement ... Definitions ... Issuance of demand notice ... Extension of time and grant of instalments ... Interest on penalty ... Issuance of recovery certificate ... Functions of recovery officer ... Maintenance of penalty recovery register ... Modes of recovery ... Other modes of recovery ... Reference by the Commission to the Income-tax authority ... Intimation of recovery by Income-tax authority ... Monitoring and supervision in proceedings of recovery of penalty ... Refund of excess penalty ...

190 190 191 191 191 192 192 192 192 194 194 194 194 194