Regulation 49 - Procedure for imposition of penalty under the Act - CCI (General) Regulations, 2024

49. Procedure for imposition of penalty under the Act. (1) Notwithstanding anything to the contrary contained in any regulations framed under the Act, no order or direction imposing a penalty under Chapter VI of the Act shall be made unless the person or the enterprise or a party to the proceeding, during an ordinary meeting of the Commission, has been given a show cause notice and reasonable opportunity to represent his case before the Commission. (2) In case of persons proceeded against in terms of section 48 of the Act, forwarding of the investigation report and/ or the supplementary investigation report or issue of show-cause notice under sub-regulation (8) of regulation 22 of these regulations, as the case may be, to such persons, shall be deemed to be the show cause notice in terms of sub-regulation (1) above. (3) In case the Commission decides to issue show cause notice to any person or enterprise or a party to the proceedings, as the case may be, under sub- regulation (1), the Secretary shall issue a show cause notice giving not less than 15 (fifteen) days asking for submission of the explanation in writing within the period stipulated in the notice. (4) The Commission shall, on receipt of the explanation, and after oral hearing if granted, proceed to decide the matter of imposition of penalty on the facts and circumstances of the case.