Power of Commission to regulate its own procedure
Section 36 of the Competition Act, 2002 deals with power of Commission to regulate its own procedure. In the discharge of its functions, the Commission shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Commission shall have the powers to regulate its own procedure. The Act came into force on 31 Mar 2003.
1[36. Power of Commission to regulate its own procedure.-- (1) In the discharge of its functions, the Commission shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Commission shall have the powers to regulate its own procedure.
(2) The Commission shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit;
(d) issuing commissions for the examination of witnesses or documents;
(e) requisitioning, subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), any public record or document or copy of such record or document from any office.
(3) The Commission may call upon such experts, from the fields of economics, commerce, accountancy, international trade or from any other discipline as it deems necessary to assist the Commission in the conduct of any inquiry by it.
(4) The Commission may direct any person--
(a) to produce before the Director General or the Secretary or an officer authorised by it, such books, or other documents in the custody or under the control of such person so directed as may be specified or described in the direction, being documents relating to any trade, the examination of which may be required for the purposes of this Act;
(b) to furnish to the Director General or the Secretary or any other officer authorised by it, as respects the trade or such other information as may be in his possession in relation to the trade carried on by such person, as may be required for the purposes of this Act.]
Section 36, The Competition Act, 2002 (Act 12 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ultratech Cement Ltd. vs Competition Commission of India, Anr.
Court's Decision & Legal Precedent
Dismissing UltraTech's challenge to the impleadment of the Builders Association of India in the grey-cement cartelisation inquiry, the Court held that permitting an interested party to take part under Regulation 25 at an advanced stage is not a determination of anyone's rights but a procedural enablement allowing the Commission to reach an informed conclusion in proceedings that are in rem and in the public interest, and that Regulation 37(1) keeps inspection subject to the confidentiality protection of Section 57.
On this section: Illustrates the Commission's power under Section 36 to regulate its own procedure consistently with natural justice: the Court refused to substitute its view for the expert body's on who may participate, treating the inquiry as inquisitorial rather than a bilateral adversarial dispute.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 1 instrument names this provision in its title or its text without being made under it.
Questions about Section 36
What have the courts held on Section 36 of the Competition Act?
Ultratech Cement Ltd. vs Competition Commission of India, Anr. (18 Dec 2023) is the leading judgment on this section among those set out below: Illustrates the Commission's power under Section 36 to regulate its own procedure consistently with natural justice: the Court refused to substitute its view for the expert body's on who may participate, treating the inquiry as inquisitorial rather than a bilateral adversarial dispute.
How do I find court cases under Section 36 of the Competition Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Competition Act 36, section 36 Competition Act, section 36 of the Competition Act. People searching for it also type competition act s 36. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ultratech Cement Ltd. vs Competition Commission of India, Anr. (18 Dec 2023).
What should I read with Section 36 of the Competition Act, and has it changed?
Its own text turns on Indian Evidence Act 123 (Evidence as to affairs of State), Indian Evidence Act 124 (Official communications), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently CCI (Manner of Recovery of Monetary Penalty) Regulations, 2011 (No. 1 of 2011) (2011).
When did Section 36 of the Competition Act come into force?
Section 36 of the Competition Act, cited as Competition Act 36, came into force on 31 Mar 2003, having been enacted on 13 Jan 2003. It is in force as at the date shown on this page.
Other sections of this Act
- 66. Repeal and saving1683 words
- 2. Definitions1390 words
- 5. Combination1317 words
- 6. Regulation of combinations920 words
- 3. Anti-competitive agreements850 words
- 26. Procedure for inquiry under section 19788 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.