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Regulation 35 - Reference by the Commission to statutory authority for opinion - CCI (General) Regulations, 2024Extract 35. Reference by the Commission to statutory authority for opinion. (1) A reference from the Commission to any statutory authority for opinion under section 21A of the Act shall contain, (a) the specific proposition of law or fact or specific issue relating to competition on which the opinion is solicited; (b) background and historical data relevant for the determination of the proposition or the issue; (c) duly authenticated copies of the Act, the relevant rules and regulations framed thereunder, the notifications and the orders, if any, passed by the Commission in the pending matter as considered necessary; (d) duly authenticated and updated list of the parties with their complete addresses, telephone numbers, fax numbers, e-mail addresses etc.; (e) proof of the Secretary having informed the parties concerned about the matter having been referred to the statutory authority for opinion under section 21A of the Act ; (f) the Secretary shall certify that the reference being forwarded is in conformity with clauses (a) to (e): Provided that in case the reference is being made by the Commission suo motu, the same may be exempt from application of the provisions contained in clauses (d) and (e) above. (2) Where the statutory authority seeks additional information in the reference made, the Secretary shall, as far as practicable, provide such additional information to the concerned statutory authority within 15 (fifteen) days of receipt of the same from the statutory authority. (3) In case the opinion is not received from the statutory authority within 60 (sixty) days of forwarding a reference under sub-regulation (1) or sub-regulation (2), the Secretary shall place the matter during an ordinary meeting of the Commission for further orders. (4) On receipt of the opinion from the statutory authority by sub-section (2) of section 21A of the Act, the Secretary shall place the same during an ordinary meeting of the Commission for orders.
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