Section 21 - Reference by statutory authority - Competition Act, 2002

Reference by statutory authority. 21. (1) Where in the course of a proceeding before any statutory authority an issue is raised by any party that any decision which such statutory authority has taken or proposes to take, is or would be, contrary to any of the provisions of this Act, then such statutory authority may make a reference in respect of such issue to the Commission : 3 [ Provided that any statutory authority, may, suo motu, make a reference to the Commission on any issue that involves any provision of this Act or is related to promoting the objectives of this Act, as the case may be. ] 2 [ (2) On receipt of a reference under sub-section (1), the Commission shall give its opinion, within sixty days of receipt of such reference, to such statutory authority which shall consider the opinion of the Commission and thereafter, give its findings recording reasons therefor on the issues referred to in the said opinion. ] ****************** NOTES:- 1 . Inserted vide Competition (Amendment) Act, 2007 dated 24-09-2007 2 . Substituted vide Competition (Amendment) Act, 2007 dated 24-09-2007 before it was read as, (2) On receipt of a reference under sub-section (1), the Commission shall, after hearing the parties to the proceedings, give its opinion to such statutory authority which shall thereafter pass such order on the issues referred to in that sub-section as it deems fit: Provided that the Commission shall give its opinion under this section within sixty days of receipt of such reference. 3 . Substituted vide Competition (Amendment) Act, 2023 dated 11-04-2023 w.e.f. 18-05-2023 before it was read as, 1 [Provided that any statutory authority, may, suo motu, make such a reference to the Commission. ]