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

The Commission has been superseded by a notification under section 56 of the Competition Act, 2002. Which of the following is NOT a consequence of supersession as laid down in the Act?

The statement about permanent disqualification is not a consequence. The Act says a Chairperson or Member who vacated office on supersession is not deemed disqualified for reappointment when the Commission is reconstituted. The other three consequences, vacation of office, Government exercising powers and vesting of properties, do follow supersession.

  1. AThe Chairperson and other Members vacate their offices from the date of supersession
  2. BThe Commission's powers and duties are exercised by the Central Government or an authority it specifies until reconstitution
  3. CProperties owned or controlled by the Commission vest in the Central Government until reconstitution
  4. DPersons who vacated office are permanently disqualified from reappointmentCorrect

Explanation

Section 56(2) provides that Members vacate office, powers and duties pass to the Central Government or its specified authority, and properties vest in the Central Government until reconstitution. Section 56(3) states that a person who vacated office is not deemed disqualified for reappointment. So option D is the incorrect statement.

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