Regulation 14 - Powers and functions of the Secretary - CCI (General) Regulations, 2009

14. Powers and functions of the Secretary. (1) The Secretary shall have the custody of records of the Commission and shall exercise such other functions as may be assigned by the Chairperson. (2) Subject to the Competition Commission of India (Meetings for Transaction of Business) Regulations, 2009, the Secretary shall circulate to all concerned, the date, time and place of each meeting, as per the directions of the Chairperson. (3) The Secretary shall be the nodal officer on behalf of the Commission for, (a) making or receiving all statutory communications; (b) entering into any formal relationships, including signing of any memorandum or arrangement, with competition authority or any agency of any foreign country, with the prior approval al of the Commission and the Central Government, as per section 18 of the Act. (4) The Commission may sue or be sued in the name of the Secretary and the Commission shall be represented in the name of the Secretary in all legal proceedings, including appeals before the Tribunal. (5) Subject to the provisions of section 51 of the Act, the Secretary shall assist the Committee of Members constituted under sub-section (3) of section 51 of the Act for, (a) preparation and approval of the annual budget of the Commission; (b) administration of the competition fund. (6) The Secretary shall keep in custody the official seal of the Commission. The official seal of the Commission shall not be affixed to any document including the certified copies of the orders of the Commission, save and under the authority in writing of the Secretary. (7) Subject to sub-regulation (1), to ensure a timely and efficient disposal of the matters brought before the Commission and for achieving the objectives of the Act, the Secretary shall have the following powers and functions, (a) to receive, endorse and categorize all the information, references, applications or documents including miscellaneous applications and other documents for transfer of proceedings and application for adjournment, etc.; (b) to check the amount of fee received where applicable and to ensure the timely deposit of the same in the bank account of the Commission; (c) to scrutinize all information, references, applications or documents so received to find out whether they are in conformity with the rules and regulations; (d) to point out defects in such information(s), references, applications or documents to the parties requiring them to rectify such defects; (e) to serve copy of the information, reference, application or document along with the enclosures to the concerned parties including the Director General, within a reasonable time; (f) to serve the notice of the date of the ordinary meeting of the Commission to consider the information or reference or document to decide if there exists a prima facie case and to convey directions of the Commission for investigation or to issue notice of inquiry after receipt and consideration of the report of the Director General; (g) to bring on record executors, administrators or other legal representatives, in case of death of any party or adjudication of a party as insolvent, upon an application by any party to the proceedings; (h) to verify the service of notice or other processes and to ensure that the parties are properly served; (i) to requisition records on the direction of the Commission from the custody of any authority; (j) to allow inspection of records of the Commission; (k) to return the documents filed by any party or authority on orders of the Commission; (l) to certify and issue copies of the orders of the Commission to the parties; (m) to grant certified copies of documents filed in the proceedings to the parties, in accordance with these regulations; (n) to grant certified copies of the orders of the Commission for publication, in accordance with these regulations; (o) to dispose of all matters relating to the service of notices or other related processes, applications for issue of fresh notice or for extending the time for or ordering a particular method of service on a party including a substituted service by publication of notice by way of advertisement in the newspaper or putting it on the website, as the case may be; (p) To compile and preserve record of any proceeding during an ordinary meeting including:- (i) the chronology of events; (ii) the initiating document; (iii) the notice of the meeting; (iv) report of the Director General, if any; (v) opinion of expert, if any; (vi) any interim order made; (vii) all documentary evidence filed; (viii) the transcript, if any, of the oral evidence given; (ix) the final order or decision of the Commission; (q) to disclose information subject to section 57 of the Act; (r) to ensure confidentiality of documents or evidences or statements or any analysis as per these regulations, by keeping them in safe custody; (s) to undertake maintenance of records including weeding out of records in accordance with retention schedule in force and in accordance with directions of the Chairperson issued from time to time; (t) to file complaint before the Chief Metropolitan Magistrate, Delhi for non- compliance with the orders or directions of the Commission under sub-section (3) of section 42 of the Act, if so directed by the Commission.