COMPETITION COMMISSION OF INDIA (GENERAL) REGULATIONS, 2009
(1) These regulations may be called the Competition Commission of India (General) Regulations, 2009.
(2) They shall come into force on the date of their publication in the Official Gazette.
(1) In these regulations, unless the context otherwise requires,
(a) Act means the Competition Act, 2002 (12 of 2003);
(b) Chairperson means the Chairperson appointed under sub-section (1) of section 8 of the Act;
(c) Commission means the Competition Commission of India established under sub-section (1) of section 7of the Act;
(d) counsel means a legal practitioner or a chartered accountant or a company secretary or a cost accountant as defined in the explanation to section 35 of the Act;
(e) Director General means the Director General appointed under sub-section (1) of section 16 of the Act and includes any Additional, Joint, Deputy or Assistant Directors General appointed under that section;
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In a situation not provided for in these regulations, the Commission may, for reasons to be recorded in writing, determine the procedure in a particular case.
The official seal and emblem of the Commission shall be such as indicated by a drawing given in Annexure.
The language of the Commission shall be English.
Notwithstanding anything contained in these regulations, the parties may file documents drawn up in Hindi, if they so desire:
Provided that no information, reference or other papers contained in any language other than English shall be accepted by the Commission unless the same is accompanied by a true translation thereof in English as stipulated in regulation 7.
Documents that are not filed in English shall be translated into English by a translator approved by the Commission, from time to time:
Provided that a translation, which is agreed to by all the parties to the proceedings, may be accepted by the Commission, in appropriate cases, as a true translation.
(1) The head office of the Commission shall observe, besides Saturday and Sunday, holidays as declared by the Central Government at Delhi under the Negotiable Instruments Act, 1881 (26 of 1881).
(2) Any other office of the Commission at places other than Delhi shall observe, besides Saturday and Sunday, holidays as declared by the Central Government under the Negotiable Instruments Act,1881(26 of 1881) for such place.
(1) Where a period of time dates from a given day, act or event is prescribed by or allowed under these regulations for doing an act or taking a proceeding, the time shall be reckoned exclusive of the said day, or of the day of the act or event, from which the time runs.
(2) Where the time prescribed by or allowed under these regulations for doing an act or taking a proceeding expires on a Saturday or Sunday or on a day on which the office of the Commission is closed, the act may be done or the proceeding may be taken on the first day following the Saturday, Sunday or the day on which that office is closed.
(1) The information or reference (except a reference under sub-section (1) of section 49 of the Act) shall, inter alia, separately and categorically state the following seriatum-
(a) legal name of the person or the enterprise giving the information or the reference;
(b) complete postal address in India for delivery of summons or notice by the Commission, with Postal Index Number (PIN) code;
(c) telephone number, fax number and also electronic mail address, if available;
(d) mode of service of notice or documents preferred;
(e) legal name and address(es) of the enterprise(s) alleged to have contravened the provisions of the Act; and
(f) legal name and addr
(1) An information or a reference or a reply to a notice or direction issued by the Commission shall be signed by
(a) the individual himself or herself, including a sole proprietor of a proprietorship firm;
(b) the Karta in the case of a Hindu Undivided Family (HUF);
(c) the Managing Director and in his or her absence, any Director, duly authorized by the board of directors in the case of a company,
(d) the President or the Secretary in the case of an association or society or similar body or the person so authorized by the legal instrument that created the association or the society or the body;
(e) a partner in the case of a partnership firm;
(f) the ch
(1) Information or reference or responses thereto to the Commission shall be presented to the Secretary or to an officer authorized in this behalf by the Secretary, in person or sent by registered post or courier service or facsimile transmission addressed to the Secretary or to such authorized officer.
(2) Any separate or additional document(s) that a party to the proceedings wishes to rely upon in support of its information, or reference shall be filed in the form of a Paper Book, at least seven days prior to the date of the ordinary meeting, after serving the copies of the said document(s) on the other parties to the proceedings, with documentary proof of such service. Such documents shall be serially numbered, prefaced by an index and shall be supported by a verification.
(3) An information(s) or reference sent by post or courier s
Subject to the provisions of regulation 12, information or a reference to the Commission may be sent by a person or an enterprise to the Secretary in an electronic form duly authenticated with digital signature by the subscriber as and when so desired by the Commission through a public notice.
Explanation For the purpose of this regulation,
(a) digital signature means the digital signature as defined under clause (p) of section 2 of the Information Technology Act, 2000 (21 0f 2000);
(b) "electronic form" with reference to an information or a document means the electronic form as defined under clause (r ) of section 2 of the Information Technology Act, 2000 (21 0f 2000);
(c) subscriber means the subscriber as defined under clause (zg) of section
(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 of the Commission and the Central Government, as
(1) Each information or reference received in the Commission shall be scrutinized by the Secretary to check whether it conforms to these regulations and the defects, if any, shall be communicated to the party within a reasonable time not exceeding ,
(a) fifteen days in case of an information or reference received under clause (b) of sub-section (1) of section 19 of the Act; or
(b) seven days in case of a reference received under section 21 or sub-section (1) of section 49 of the Act.
(2) The information provider referred to in clause (a) of sub-section (1) of section 19 of the Act or the Central Government or the State Government or the statutory authority referred under clause (b) of sub-section (1) of section 19 or in sub-section (1) of section 49 of the Act, as the case may be, shall, on
(1) The Secretary, after scrutiny and removal of defects, if any, in an information or reference, as the case may be, shall place the same before the Commission to form its opinion on existence of a prima facie case.
(2) In cases of alleged anti-competitive agreements and/or abuse of dominant position, the Commission shall, as far as possible, record its opinion on existence of a prima facie case within sixty days.
(3) The Commission shall, as far as possible, hold its first ordinary meeting to consider whether prima facie case exists, within fifteen days of the date of placement of the matter by the Secretary under sub -regulation (1).
(1) The Commission may, if it deems necessary, call for a preliminary conference to form an opinion whether a prima facie case exists.
(2) The Commission may invite the information provider and such other person as is necessary for the preliminary conference.
(3) A preliminary conference need not follow formal rules of procedure.
(1) Where the Commission is of the opinion that a prima facie case exists, the Secretary shall convey the directions of the Commission 2[within seven days,] to the Director General to investigate the matter and furnish a report to the Commission on or before the date specified therein.
(2) A direction of investigation to the Director General shall be deemed to be the commencement of an inquiry under section 26 of the Act.
If the Commission is of the opinion that there exists no prima facie case, the Secretary shall send a copy of the order of the Commission regarding closure of the matter forthwith to the Central Government or the State Government or the Statutory Authority or the parties concerned, as the case may be, as provided in sub-section (2) of section 26 of the Act.
(1) The Secretary shall, while conveying the directions of the Commission under regulation 18, send a copy of the information or reference, as the case may be, with all other documents or materials or affidavits or statements which have been filed either along with the said information or reference or at the time of preliminary conference, to the Director General.
(2) The Commission shall direct the Director General to submit a report within such time 3[as may be specified by the Commission which ordinarily shall not exceed sixty days from the date of receipt of the directions of the Commission] 4[***].
(3) The Commission may, on an application made by the Director General, 2[giving sufficient reasons] extend the time for submission of the report 2[by such period as it may consider reasonable].
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(1) On receipt of the report of the Director General, the Secretary shall place the said report before the Commission 2[within seven days,] for further orders and, in accordance with the direction of the Commission, forward copies thereof to the Central Government or the State Government or statutory authority or the parties concerned, as the case may be.
(2) If the report of the Director General finds no contravention of the provisions of the Act, the Secretary shall 2[within seven days,] convey the directions of the Commission for inviting objections or suggestions 2[to be filed within fifteen days,] from the Central Government or the State Government or the statutory authority, or from the parties concerned, as the case may be on such report of the Director General.
(3) If the Commission orders closure of the matter on consideration
(1) Every notice or other document required to be served on or delivered to any person, under these regulations, may be served personally or sent by registered post, or by speed post or by courier service at the address furnished by him or her or it for service, or at the place where the person ordinarily resides or carries on business or occupation or works for gain.
(2) Additionally, this may also be sent through facsimile transmission or by electronic mail. The facsimile transmission shall contain a cover page giving details of the sender, the subject, date of transmission, and the recipients name and telephone number.
(3) An endorsement made by a postal or courier employee that the addressee or his agent has refused to take delivery of the notice shall be deemed to be proof of service by way of refusal.
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(1) All information(s) or references or responses thereto, or other documents which are required to be filed before the Commission shall be typed in Arial 12 fonts on one side of A4 size (210 x 297mm or 8.27x11.69) white bond paper in double space with 2 margin on the left and 1 margin on all other sides.
(2) Only neat and legible photocopies or scanned documents duly certified as true copies may be filed as exhibits or annexes.
(3) Eight copies of each document referred to in sub-regulation (1), in addition to a soft copy in document format, wherever possible, shall be filed:
Provided that the Secretary may, through public announcement, increase or decrease the number of copies depending on the number of Members of the Commission and the number of parties to the proceedings:
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(1) The Commission, on an application made in writing, by any party to the proceedings, may combine any number of persons or enterprises, whether jointly, jointly and severally, separately, or in the alternative, as parties in the same proceedings, in an ordinary meeting if,
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such applicants, whether jointly, severally or in the alternative ;
(b) the applicants can show, to the satisfaction of the Commission, that common question of law or fact would arise; and
(c) the Commission is satisfied that participation of such person or enterprise, as the case may be, is necessary for the determination of the issues before it.
(1) While considering a matter in an ordinary meeting, the Commission, on an application made to it in writing, if satisfied, that a person or enterprise has substantial interest in the outcome of proceedings and that it is necessary in the public interest to allow such person or enterprise to present his or its opinion on that matter, may permit that person or enterprise to present such opinion and to take part in further proceedings of the matter, as the Commission may specify.
(2) The application referred to in sub-regulation (1) shall be accompanied by proof of payment of fees, in accordance with regulation 49.
(3) The application referred to in sub-regulation (1) shall contain,
(a) legal name of the person or the enterprise making the request;
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The Commission may, on an application by a party to the proceedings before it, during an ordinary meeting, stating that no relief has been claimed by or against him or that no relief has to be granted to or against him, permit the striking out of such party from the proceedings.
2. Inserted by the Competition Commission of India (General) Amendment Regulations, 2010 vide Notification No. L-3(2)/Regln-Gen.(Amdt)/2009-10/CCI dated 20.10.2010 w.e.f. 20.11.2010.
3. Substituted by the Competition Commission of India (General) Amendment Regulations, 2010 vide Notification No. L-3(2)/Regln-Gen.(Amdt)/2009-10/CCI dated 20.10.2010 w.e.f. 20.11.2010 for the following : - "as is reasonable"
4. Omitted by the Competition Commission of India (General) Amendment Regulations, 2010 vide Notification No. L-3(2
(1) At any time after receipt of an information or a reference or an application, the Commission, if satisfied that the matter raised in any information or reference or application received subsequently is directly and substantially similar, may consolidate two or more similar information or references or applications, as the case may be, for consideration.
(2) At any time after receipt of an information or a reference for investigation from the Commission under sub-section (1) of section 26 of the Act, the Director General, if satisfied, that the matter raised in any information or reference received subsequently for investigation from the Commission is directly and substantially similar, may request the Commission to consolidate such similar information or references, as the case may be, for common investigation.
(3) Where the Commis
The Commission may permit amendment of any information, upon an application made in this regard but such amendment shall not be allowed if it substantially changes the nature and scope of the information.
(1) Without prejudice to sub-section (1) of section 36 of the Act, the parties to the proceedings or their authorized representatives, as the case may be, shall declare to the Commission at the earliest opportunity whether they would make oral submissions or file written arguments during the course of an inquiry under section 26 of the Act:
Provided that where the parties to the proceedings or their authorized representatives, as the case may be, have chosen to file written arguments they shall arrange to forward copies thereof to all parties to the proceedings sufficiently in advance and shall submit proof of the receipt by all parties to the Secretary before the fixed date of consideration of the matter by the Commission.
(2) Subject to sub-regulation (1), the Commission may fix or limit the time during which the oral submissions or
(1) Where on the day fixed for any particular matter during an ordinary meeting, including the day of the meeting re-fixed on adjournment, if any party or parties to the proceeding do not appear even after service of notice or having noted the date, the Commission may decide to continue proceedings in the absence of party or parties, as the case may be, and pass appropriate orders as it deems fit.
(2) If any party refuses access to or otherwise does not provide necessary information within the stipulated time or significantly impedes investigation, the Commission may pass such order as it may deem fit on the basis of available facts.
(3) Where an order has been passed by the Commission under sub-regulation (1) or sub-regulation (2) and the party shows that it was prevented from participating in the proceeding before the Commission and/
(1) Where the Commission, during an inquiry, has, by an order, temporarily restrained any party from carrying on any act in contravention of sub-section (1) of section 3 or sub-section (1) of section 4 of the Act, until the conclusion of such inquiry or until further orders, under section 33 of the Act, such order, if any, shall be signed and dated by the Members, including a dissenting note by the dissenting Member, if that be the case, and shall be made at the earliest .
(2) Where during an inquiry, the Commission has passed interim order, referred to in sub-regulation (1),it shall hear the party against whom such an order has been made thereafter, as soon as possible.
2[(3) Where in a case an interim order under Section 33 of the Act has been passed, a final order, as far as possible, shall be passed by the Commission, within ninety
(1) Every order of the Commission shall be signed and dated by the Members including a dissenting note by the dissenting Member, if that be the case.
(2) Every order or decision of the Commission shall, as far as practicable, be made within twenty-one working days from the date of conclusion of final arguments.
(3) A copy of the order duly certified by the Secretary or such other officer authorized by the Secretary shall be served on the parties to the proceeding as provided in regulation 22 within four weeks of the date of the order.
(1) A reference from statutory authority under section 21 of the Act or The Central Government or State Government under section 49 of the Act for opinion made to the Commission shall contain such particulars as may be specified by the Commission.
(2) Without prejudice to sub-regulation (1), a reference from statutory authority under section 21 of the Act, shall contain:-
(a) the specific proposition of law or fact or specific issue or policy or any other matter relating to competition on which the opinion is solicited;
(b) background and historical data relevant for the determination of the proposition or the issue or the policy or any other matter;
(c) duly authenticated copies of the relevant statutes including the rules, the regulations, the
(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 Se
(1) The Commission shall maintain confidentiality of the identity of an informant on a request made to it in writing.
(2) Any party may submit a request in writing to the Commission or the Director General, as the case may be, that a document or documents, or a part or parts thereof, be treated confidential.
(3) A request under sub-regulation (2) may be made only if making the document or documents or a part or parts thereof public will result in disclosure of trade secrets or destruction or appreciable diminution of the commercial value of any information or can be reasonably expected to cause serious injury.
(4) A request under sub-regulation (2) shall be accompanied with a statement setting out cogent reasons for such treatment and to the extent possible the date on which such confidenti
The Commission shall have power to direct the parties concerned to file an affidavit of compliance of its order or such other documents in the manner specified in its order.
(1) Subject to the provisions of regulation 35, a party to any proceeding of an ordinary meeting of the Commission may on an application in writing in that behalf, addressed to the Secretary, be allowed to inspect or obtain copies of the documents or records submitted during proceedings on payment of fee as specified in regulation 51.
(2) The Commission may, on an application of a person, who is not a party to the proceedings, on sufficient cause demonstrated, allow such person inspection of documents or records mentioned in sub-regulation (1) on payment of fee as specified in regulation 51.
(3) An inspection shall be allowed only in the presence of an officer so authorized by the Secretary:
Provided that the inspection of documents or copying thereof as per sub-regulation (1) or sub-regula
(1) The Members, officers and employees of the Commission, the Director General, parties to any proceeding and their counsels shall attend the ordinary meetings of the Commission in the national dress or in lounge suit or jacket with tie. Ladies may wear jacket over sari or salwar kameez.
(2) Where a counsel belongs to a profession which has prescribed a dress for appearing in their professional capacity before any Court, Tribunal or such authority, he or she may appear in that dress and attend the ordinary meetings of the Commission.
Where a party to a proceeding in an ordinary meeting of the Commission dies or is adjudged insolvent or, in the case of a company, being wound up, the proceeding shall not abate and may be continued by or against the executor, administrator or other legal representative of the parties or by or against the assignee, receiver or liquidator, as the case may be.
Failure to comply with any requirement of these regulations shall not invalidate any proceeding, merely by reason of such failure, unless the Commission is of the view that such failure has resulted in miscarriage of justice.
(1) Subject to the provisions of the Act, the Commission or the Director General, as the case may be, may determine the manner in which evidence may be adduced in the proceedings before them.
(2) Without prejudice to sub-regulation (1), the Commission or the Director General, for the purpose of inquiry or investigation, as the case may be, may
(a) admit evidence taken in the form of verifiable transcripts of tape recordings, unedited versions of video recording, electronic mail, telephone records including authenticated mobile telephone records, written signed unsworn statements of individuals or signed responses to written questionnaires or interviews or comments or opinions or analyses of experts based upon market surveys or economic studies or other authoritative texts or otherwise, as material evidence;
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(1) The Commission or the Director General, as the case may be, may at any time, for sufficient reason, order that any particular fact or facts may be supported by affidavit.
(2) Every affidavit shall be typed in Arial 12 fonts on one side of A4 size (210 x 297 mm or 8.27 x 11.69) white bond paper in double space with 2 margin on the left and 1 margin on all other sides.
(3) Every affidavit shall clearly state the cause or matter in which it is sworn.
(4) Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs to be numbered consecutively, and shall state the description, occupation and the true place of residence of the deponent.
(5) Affidavits for the purposes of any cause or matter before the Commission may
(1) The parties to the proceedings shall not be entitled to produce before the Commission additional evidence, either oral or documentary, which was in the possession or knowledge but was not produced before the Director General during investigation under section 26 or sub-section (1A) of section 29 of the Act, but if the Commission requires any document to be produced or any witness to be examined or any affidavit to be filed to enable it to pass orders or for any other substantial cause, or if the Director General has not given sufficient opportunity to the party to adduce evidence, the Commission, for reasons to be recorded, may allow such document to be produced or witness to be examined or affidavit to be filed or may allow such evidence to be adduced.
(2) Such document may be produced or such witness examined or such evidence adduced either before the Commission or before su
(1) The Commission may, at any time before passing orders in a proceeding, require any of the parties or any other person whom the Commission considers appropriate, to produce such documents or other material objects as evidence as the Commission may consider necessary for the purpose of enabling it to pass orders.
(2) The Commission or the Director General, as the case may be, may direct the summoning of the witnesses, discovery and production of any document or other material objects producible in evidence, requisition of any public record from any office, examination by an officer of the Commission the books, accounts or other documents or information in the custody or control of any person which the Commission considers relevant for the purpose.
(3) The Commission or the Director General, as the case may be, at any time, summon and
(1) Subject to the provisions of clause (d) of sub-section (2) of section 36 and sub-section (2) of section 41 of the Act, the Commission or the Director General, as the case may be, either on its or his own motion or on an application made by a party to any proceeding before the Commission or the Director General, may issue a commission for the examination on questionnaires or otherwise of the specified witness (es),
(a) residing within India;
(b) who is about to leave India before the date on which he or she is required to be examined as a witness;
(c) who ,being in the service of the Central Government, a State Government or a statutory authority, cannot, in the opinion of the Commission or the Director General, as the case may be, attend without detriment to the public service;
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(1) Subject to the provisions of section 35 of the Act, in any proceeding, where the pleading is also signed by an authorized representative, the party shall append power of attorney or Vakalatnama in the manner specified authorizing the representative to appear for him or her or it, as the case may be.
(2) The authorized representative shall not be allowed to represent the party unless such power of attorney or Vakalatnama is filed before the Secretary before commencement of the ordinary meeting.
(3) No misconduct on the part of any authorized representative, appearing for and on behalf of any party during continuance of a proceeding before the Commission shall be permitted and the Commission in appropriate circumstances, for reasons to be recorded in writing, may pass necessary orders debarring the representative, guilty of misconduct,
Except where the Commission may so direct, for reasons to be recorded, the proceedings before the Commission, during an ordinary meeting, shall not be open to public. In taking the decision to open the proceedings to public, the Commission may take into account all or any of the following matters namely:
(a) whether disclosure to public does not cause significant harm to a party;
(b) degree of inhibition or encouragement in providing information in public;
(c) efficient and proper conduct of proceeding;
(d) resources of the Commission.
(1) Notwithstanding anything to the contrary contained in any rules or regulations framed under the Act, no order or direction imposing a penalty under 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 or her or its case before the Commission.
(2) 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 fifteen days asking for submission of the explanation in writing within the period stipulated in the notice.
(3) The Commission shall, on receipt of the explanation, and after oral hearing if granted, proce
1[(1) Each information received under clause (a) of sub-section (1) of section 19 of the Act from any person shall be accompanied by proof of having paid the fee as under,--
(a) rupees 5000 (five thousand) in case of individual or Hindu Undivided Family (HUF), or Non Government Organisation (NGO), or Consumer Association, or a Co-operative Society, or Trust, or
(b) rupees 20,000 (twenty thousand) in case of firm or company having turnover in the preceding year upto rupees one crore, or
(c) rupees 50,000 (fifty thousand) in the cases not covered under clause (a) or (b).]
(2) The fee may be increased or decreased on the basis of annual notification of Cost Inflation Index by the Central Board of Direct Taxes, Department of Revenue, Ministry of Financ
(1) A party to the proceedings, on application, may be allowed inspection of records relating to its case by the Secretary, on such conditions as may be specified, on payment of rupees one thousand per day per case.
(2) Copying charges for the parties to the proceedings shall be rupees fifty per page.
(1) The Commission may draw up a panel of legal practitioners or chartered accountants or company secretaries or cost accountants to assist in proceedings before the Competition Appellate Tribunal or any other quasi judicial body or Court.
(2) The Director General may call upon the legal practitioners or chartered accountants or company secretaries or cost accountants from the panel for assistance in the proceedings before the Commission, if so required.
(3) The remuneration payable and other allowances and compensation admissible to counsel shall be specified in consultation with the Commission.
Without prejudice to sub-section (3) of section 36 of the Act, or guidelines issued thereunder, the Commission may invite experts of eminence to assist the Commission in discharging of its functions under the Act on such terms and conditions and at such times as may be decided by the Commission:
Provided that the Commission shall have absolute discretion as regards the evaluation of expertise or eminence of those invited to assist the Commission.
(1) The Commission may cause publication of a brief summary or the full text of its orders or decisions in the media, if it so desires in the interest of public, but shall have regard to the business secrets of the persons concerned and may direct deletion of such portions of the orders or decisions as it deems fit.
(2) A summary of all orders or decisions made by the Commission under sub-section (2) or sub-section (6) of section 26 of the Act directing the closure of the matter, as the case may be, shall be published on the web site of the Commission.
(3) It shall be the duty of the Secretary to publish the orders or decisions referred to in this regulation.
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