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CS Executive · Economic, Commercial and Intellectual Property Laws · Competition Law

The Central Government wants to bring only some provisions of the Competition Act, 2002 into force first, leaving others for later. Under Section 1(3), what is the legal position?

The Central Government may appoint different dates for different provisions by notification in the Official Gazette. A reference in any such provision to commencement of the Act is construed as a reference to when that particular provision came into force, not the first date notified.

  1. AThe Act can only be brought into force as a whole on a single date
  2. BDifferent dates may be appointed for different provisions, and references to commencement in a provision mean that provision's coming into forceCorrect
  3. COnly Parliament, by a fresh amendment, can fix separate dates
  4. DDifferent dates are allowed, but references to commencement always mean the first date notified

Explanation

Section 1(3) lets the Central Government notify the commencement date and its proviso allows different dates for different provisions. Any reference in a provision to the commencement of the Act is read as the coming into force of that provision. The option fixing the first notified date contradicts this proviso.

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