it4l to :o 1to-33004/99 REGD. NO. D. L.

-33004/99

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EXTRAORDINARY
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PART Ill—Section 4
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PUBLISHED BY AUTHORITY
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8 TIIEGAZE'ITEOF INDIA: EXTRAORDINARY [PART 111-- SFC.41

THE COMPETITION COMMISSION OF INDIA

NOTIFICATION
New Delhi, the 15th May, 2009
The Conipetition Commission of India (Procedure for Engagement of Experts and Professionals)
Regulations, 2009
(No. 1 of 2009)

No R_40007I6f14egExpert1NOtII04-CC1 — In exercise of the powers conferred by clause ('0

sub-section (2) of section 64, read with sub-section (3) of section 17 of the Competition Act, 2002
(12 of 2003) the Competition Commission of India hereby makes the following regulations,
namely: -

1. Short title and commencement.–

(I) These regulations may be called the Competition Commission of India

(Engagement of Experts and Professionals) Regulations, 2009.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.–

(1) In these regulations, unless the context otherwise requires, -

(a) "Act" means the Competition Act, 2002 (2 of 2003);

(b) "Chairperson" means the Chairperson of the Commission 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 701 the Act;

(d) "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

(e) "expert or professional" for the purpose of these regulations means a person
of integrity and outstanding ability having special knowledge of, and
experience in, economics, law, business or such other discipline related to
competition as the Commission deems necessary to assist it in discharge of
its functions under the Act;

(/) "Secretary" means the Secretary appointed under sub-section (1) of section
 II TPI m.- ] iwr ZFT 3Th1TU1 9

17 of the Act and includes an officer of the Commission authorized by the

Chairperson to function as Secretary;

(2) Words and expressions used but not defined in these regulations shall have the
same meanings respectively assigned to them in the Act or in the Companies Act,.
1956 (1 of 1956), as the case may be.

3. Engagement of experts and professionals. -

The Commission may engage such number of experts and professionals in the fields of
economics, law, business or such other disciplines related to competition, as it may
deem fit.

4. Functions of experts and professionals.—

The experts and professionals engaged by the Commission shall discharge such
• functions as directed by the Chairperson, in assisting the Commission.

5. Qualifications, experience and classification of experts and professionals. -

1) The experts and professionals to be engaged shall be classified on the basis of

their qualifications and experience in the respective fields of specialization and/or
the eminence in their professions as given in Schedule 1:

Provided that the Commission may also engage experts and professionals
from any other discipline as deemed necessary to assist the Commission in the
discharge of its functions under the Act.

(2)Subject to sub-regulation (1) and depending upon the qualification, specialization

and experience in respective disciplines, The experts shall be categorized into four
levels as given in Schedule II.
6. Remuneration payable to experts and professionals. -

The remuneration to be paid by the Commission to different categories of experts and

professionals shall be in accordance with Schedule Ill:

Providedthat the Commission may, for reasons to be recorded in writing, agree

to pay higher remuneration than those given in Schedule Ill, in specially deserving
cases.

7. Evaluation of performance.—

The performance of each expert and professional engaged under these regulations,
with reference to the tasks assigned and output delivered, shall be reviewed
periodically, within such time and manner, as may be specified by the Commission.

8. Procedure of selection of experts and profeionals. -

(I) The experts and professionals shall ordinarily be engaged by the Commission on
contractual basis for not less than three months and not more than three years.

(2) The Commission may decide, from time to time, the number of the experts and
professionals to be engaged.

(3) After the number of the experts and professionals to be engaged is decided, as
mentioned in sub-regulation (2), the Secretary shall publish the number of the
10 THE GAZETTE OF INDIA: EXTRAORDINARY [PART 111—Si:c.4

experts and professionals to be engaged with details of qualifications, experience

needed and the remuneration payable on the official website of the Commission
and invite applications for each category and level of expert and professional giving
a stipulated last date for the receipt of the applications for each category and level:

Provided that the Secretary may also invite the applications by suitable public
notice, for each category and level of expert and professional.

(4) The Commission shall constitute a selection board for each category of expert and
professional The Commission may invite eminent experts having special
knowledge and experience In the relevant field to join the selection boards.

(5) The Secretary shall scrutinize the applications in accordance with these regulations
and prepare lists of eligible candidates for each category to be called for interview
and submit a report to the Commission.

(6) The selection boards mentioned in sub-regulation (4) shall be convened with the
approval of the Chairperson for each category and the Secretary shall notify the
date and the venue of the interview to the short listed eligible candidates sufficiently
in advance.

(7) The recommendations of each selection board regarding engagement for each
category shall be placed by the Secretary before the Commission for decision

(8) on approval of the engagements by the Commission as mentioned in sub-

regulation (7), the Secretary shall inform each candidate in writing by an offer letter
of engagement giving not less than ten days time to accept the offer of
engagement.

(9) After receipt of acceptance from the selected candidates as per sub-regulation (8),
the Secretary shall issue letter of engagement to each candidate giving not less
than thirty days time to join:

Provided that the joining time may be extended by the Secretary on being
satisfied that extension is sought on circumstances beyond the control of the
individual candidate.

(JO) The Secretary shall inform the number of selected candidates who have joined in
the next meeting of the Commission and obtain approval of the Commission to
restart the process of selection to fill up the shortfalls, if any, in the total number of
experts and professionals decided to be engaged as per sub-regulation (2).

9. Terms and condition of engagement of experts and professionals. -

(1) The expertand professionals on having accepted the offer of engagement, shall
enter into a contract, also having the confidentiality clause, with the Secretary,
acting on behalf of the Commission, detailing the terms and conditions of
engagement, before being assigned any work.

(2) Theterms and conditions of engagement may be modified, in a specific case, where
the Commission deems it necessary.

(3) Without prejudice and in addition to the legal remedies available to the Commission,
the breach of agreement executed under sub-regulation (1) by or on behalf of any
expert or professional shall be considered a sufficient ground for termination of the
engagement made under contract and may further debar such expert or
 : aTffMTW

professional from future engagement by the Commission.

10, Power to relax. -

The Commission may relax such restrictions imposed in these regulations as may be.
deemed necessary in the discharge of its functions under the Act,

ii. Removal of difficulties. -

In the matter of implementation of these regulations, if any doubt or difficulty arises., the
same shall be placed before the Commission and the decision of the Commission shall
be final.

Schedule F
(See reQu1atiOn

Class of Qualifications Experience

' I Expert and
professional
Economist Essential - In analysis of microeconomic problems,
Post Graduate degree in including International trade,
Economics investment, project evaluation and
from either a recognized University appraisal, industrial organization,
in India or abroad, with Industrial economics or economic
specialization in Industrial regulation including competition
Economics/Industrial assessment, using quantitative
Organization/international economic techniques in government,
Tradei public sector, private sector, Non
Econometrics//Mathematical Governmental Organizations or
Economics/Quantitative regulatory authorities or
Economic methods/Law and regionallrntemationalfmultilateral
Economics. organization(s)
Desirable - Or,
(i)Consistent high academic - in universities/reputed research
performance. institutions, as Professor] Reader/
(ii)A doctoral degree, from a Lecturer in of Microeconomics/

4? reputed
University/Institution in India or
from a University or Institution duly
recognized in India, in Economics
in the area of competition policy or
closely related areas.
Law Essential -
(i)Degree of LL.B or equivalent
from a recognized University
and/or Institute in
India or abroad, recognized by the:
Bar Council of India.
(ii)Qualified to be registered as an
advocate in any State Bar Council
of India in terms of Advocate's Act,
1961,
Desirable—
Higher qualification with
specialization in competition law or
Industrial Economics/Industrial
Organization/International
trade/Econometrics/Mathematical
Economics/Quantitative Economic
methods or, closely related subjects.
Experience in judicial or legal work, in
Supreme Court, High Court or any
other court, government or a
Regulatory Authority or a Tribunal or
any similar forum.
Or, Professor/Reader/Lecturer of Law
of any recognized
University/Professional Institute of India
or abroad with specialization in
teaching competition law,
Or,
Legal Manager or above in the
I Corporate sector having experience of
12 THE GAZETTE OF INDIA: EXTRAORDINARY

regulatory laws or laws relating to handling acquisitions, mergers&

Intellectual Property Rights or amalgamations etc. under competition
___________ International Trade Laws. law.
Chartered Essential - Must have worked as a Chartered
Accountant Chartered Accountant in terms of Accountant in reputed organization
the Chartered Accountants Act, handling financial ventures of large
1949 (38 of 1949). enterprises or undertakings.
Desirable - Desirable -
Chartered Accountants having Experience of handling acquisitions,
qualified the Post qualification mergers& amalgamations etc, under
course in International Trade Laws competition law.
and WTQ with competition law as
a subject.
Cost Essential - Must have worked as a Cost and
Accountant Cost and Works Accountants in Works Accountant in reputed
terms of the Cost and Works organization handling business
Accountants Act, I 959(23of 1959). ventures of large enterprises or
Desirable - undertakings.
Post membership qualification in Desirable -
competition law or related areas. Experience of handling acquisitions,
mergers& amalgamations, etc. under
competition law. -
Company Essential - Must have worked as a Company
Secretary Company Secretary in terms of the Secretary in reputed organization
Company Secretaries Act, 1980 handling financial ventures of large
(56 of 1980). enterprises or undertakings.
Desirable - Desirable -
Company Secretaries having Experience of handling acquisitions,
qualified the Post Membership &
mergers amalgamations, etc. under
Qualification competition law.
(PMQ) course in Corporate
Governance including competition
law as a sublect
Business Essential - Must have worked as a Business
Management Post graduate degree and! or Post Manager or Financial Manager in
graduate diploma in Master of reputed organization handling financial
Business Management from a ventures of large enterprises or
recognized University in India or undertakings or
from a foreign
University, duly recognized by a
Professor/Reader/Lecturer of Business
Management of any recognized
S
competent authority in the country, University/Professional Institute of India
with specialization in financial or abroad.
management Desirable:
and having experience in applying Experience of handling acquisitions,
principles of financial management mergers,, amalgamations, etc. under
to the conduct of business competition law.
Desirable -
Higher qualifications with
consistent excellent academic
record.
International Essential - Must have worked as a International
Trade Degree of LL.B or equivalent from Trade Manager in reputed organization
a recognized University and/or handling International Trade ventures
Institute in India or abroad, involving imports or exports in large
recognized by the Bar Council of enterprises or undertakings.
India with International trade Desirable - -
 II '4M IJI__.141 1R1 W
as a subject or Post graduate
degree in Economics with
microeconomics and
specialization in International
Trade from recognized University
in India or from a foreign
University.
Desirable -
Higher qualifications with
consistent excellent academic
record.
Engineering Essential -
Post graduate degree in
Engineering from any University or
Institute of India
or abroad, duly recognized in India
Desirable -
Higher qualifications with
0
11
Medical
consistent excellent academic
record.
Essential -
MD or MS from a University in
India or abroad duly recognized by
the Medical
Council of India.
Desirable -
Higher qualifications with
consistent excellent academic
record.
Sciences Essential -
Post graduate degree in pure or
applied sciences from a
recognized University
of India or abroad.
Desirable -
Higher qualifications with
consistent excellent academic
I ___________ record.
Any other
sector
Essential -
Graduate degree from a duly
recognized University in India or
abroad in the relevant field.
Desirable—
Higher qualifications with
consistent excellent academic
record.
13
Experience of handling acquisitions,
mergers, amalgamations, etc. under
competition law.
Worked at senior level positions in
large Organizations or Corporations
dealing with technical and engineering
matters, or Professor/ReaderlLecturer
of Engineering of any recognized
University/Professional Institute of India
or abroad.
Professor/Reader/Lecturer of medicine
of any recognized
University/Professional Institute of India
or abroad, or a person of eminence in
the medical profession.
Of having worked at senior level
positions in large Government
Organizations or organizations in
private sector dealing with technical
and scientific matters, or
Professor/Reader/Lecturer of sciences
of any recognized
University/Professional Institute of India
or abroad.
(1)Of having worked at senior level
position ma leading industry in private
or public sector, in the specific sector of
economy, in which expertise is claimed
and/or
(2) recognition as an expert in the
relevant sector of the market by
majority of the market players either
through publication of articles or
awards or public acclaim to the
satisfaction of the Commission; or.
(3) Professor/Reader/Lecturer of
Business Management of any
recognized University/Professional
Institute of India or abroad.
Desirable -
Experience of dealing with regulators.
14 'ME GAZETTE OF INDIA: EXTRAORDINARY ART Ill— Sic. 4
Schedule U
(See recju!atiori 5)

Category of expert and Preferred experience in years

professional
Level I Upto three year s
Level ii: Threeto five years
Uvell In Five to ten years
Level IV Ten to fifteen years
Level V Fifteenyears or more

Schedule Ill
(See regulation 6) V
Level of expert and professional Lump sum monthly remuneration
I Rs 30,000 with 10 per-cents increase on completion
of each year
IL Rs 50,000 with 10 per-cents increase on completion
of each year,
III Rs 75,000 with 10 per-cents increase on completion
of each year
Iv Rs. 100, 000 with 10 per-cents increase on
completion of each year
V Rs 125, 000 with 10 per-cents increase on
completion of each year

S. L. BUNKER, Secy.
[ADVT 11114/1 87-M/09-Exty.i

Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi-i 10064
and Published by the Controller of Publications, Delhi-110054.