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Section 11 – Resignation, Removal And Suspension Of Chairperson And Other Members

The Competition Act, 2002

CHAPTER III: COMPETITION COMMISSION OF INDIA

Section 11: Resignation, Removal And Suspension Of Chairperson And Other Members

Bare Act

(1) The Chairperson or any other Member may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the Chairperson or a Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

(2) Notwithstanding anything contained in sub-section (1), the Central Government may, by order, remove the Chairperson or any other Member from his office if such Chairperson or Member, as the case may be, -

  • (a) is, or at any time has been, adjudged as an insolvent; or
  • (b) has engaged at any time, during his term of office, in any paid employment; or
  • (c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
  • (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
  • (e) has so abused his position as to render his continuance in office prejudicial to the public interest; or
  • (f) has become physically or mentally incapable of acting as a Member.

(3) Notwithstanding anything contained in sub-section (2), no Member shall be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court, on a reference being made to it in this behalf by the Central Government, has, on an inquiry, held by it in accordance with such procedure as may be prescribed in this behalf by the Supreme Court, reported that the Member, ought on such ground or grounds to be removed.

Simplified Act and examples below are previews.

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Simplified Act

Simplified Explanation of Section 11 of The Competition Act, 2002

Resignation: The head (Chairperson) or any member of the comm

Explanation using examples

Imagine Mr. Sharma is a Member of the Competition Commission of India (CCI). He decides to resign from his position for personal reasons. He writes a resignation letter to the Central Government

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