In force · As amended up to 2026-08
1. Ins. by Act 9 of 2023, s. 45, (w.e.f. 18-5-2023).
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
1. Subs. by Act 9 of 2023, s. 26, for sub-section (3) (w.e.f. 18-5-2023).
Chief Metropolitan Magistrate, Delhi for an order for seizure of such information, books, papers, other documents or records.
(9) The Director General may make requisition of the services of any police officer or any officer of the Central Government to assist him for all or any of the purposes specified in sub-section (10) and it shall be the duty of every such officer to comply with such requisition.
(10) The Chief Metropolitan Magistrate, Delhi may, after considering the application and hearing from the Director General, by order, authorise the Director General—
(a) to enter, with such assistance, as may be required, the place or places where such information, books, papers, other documents or records are kept;
(b) to search that place or places in the manner specified in the order; and
(c) to seize information, books, papers, other documents or records as it considers necessary for the purpose of the investigation:
Provided that certified copies of the seized information, books, papers, other documents or records, as the case may be, may be provided to the party or person from whose place or places such documents have been seized at its cost.
(11) The Director General shall keep in his custody such information, books, papers, other documents or records seized under this section for such period not later than the conclusion of the investigation as it considers necessary and thereafter shall return the same to the party or person from whose custody or power they were seized and inform the Chief Metropolitan Magistrate, of such return:
Provided that the Director General may, before returning such information, books, papers, other documents or records take copies of, or extracts thereof or place identification marks on them or any part thereof.
(12) Save as otherwise provided in this section, every search or seizure made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search or seizure made under that Code.]
- 1[ Explanation .—For the purposes of this section,—
(a) "agent", in relation to any person, means any one acting or purporting to act for or on behalf of such person, and includes the bankers, and persons employed as auditors and legal advisors, by such person;
(b) "officers", in relation to any company or body corporate, includes any trustee for the debenture holders of such company or body corporate;
(c) any reference to officers and other employees or agents shall be construed as a reference to past as well as present officers and other employees or agents, as the case may be.]
1. 14th October, 2003, vide Notification No. S.O. 1198(E), dated 14th October, 2003.
* New Delhi, vide Notification NO. S.O. 1198(E), dated 14th October, 2003.
2. Subs. by Act 39 of 2007, s. 6, for section 8 (w.e.f. 12-10-2007).
3. Ins. by Act 9 of 2023, s. 9 (w.e.f. 18-5-2023).
4. Subs. by Act 39 of 2007, s. 7, for section 9 (w.e.f. 12-10-2007).
5. Ins. by Act 9 of 2023, s. 10 (w.e.f. 18-5-2023).
(h) "enterprise" means[1] [a person or a department of the Government, including units, divisions, subsidiaries, who or which is, or has been, engaged in any economic activity, relating to the production, storage, supply, distribution, acquisition or control of articles or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, debentures or other securities of any other body corporate, either directly or through one or more of its units or divisions or subsidiaries, but does not include any activity of the Government relatable to the sovereign functions of the Government including all activities carried on by the departments of the Central Government dealing with atomic energy, currency, defence and space;]
Explanation. —For the purposes of this clause,—
(a) "activity" includes profession or occupation;
(b) "article" includes a new article and "service" includes a new service;
(c) "unit" or "division", in relation to an enterprise, includes—
(i) a plant or factory established for the production, storage, supply, distribution, acquisition or control of any article or goods;
(ii) any branch or office established for the provision of any service;
(i) "goods" means goods as defined in the Sale of Goods Act, 1930 (8 of 1930) and includes—
(A) products manufactured, processed or mined;
(B) debentures, stocks and shares after allotment;
1. 20-5-2009, vide S.O. No. 1242(E), dated 15-5-2009.
(a) in the case of an order against a company, the registered office of the company is situated; or
(b) in the case of an order against any other person, place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated.
(2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.
(C) in relation to goods supplied, distributed or controlled in India, goods imported into India;
(j) "Member" means a Member of the Commission appointed under sub-section (1) of section 8 and includes the Chairperson;
(k) "notification" means a notification published in the Official Gazette;
2[(ka) "party" includes a consumer or an enterprise or a person or an information provider, or a consumer association or a trade association, or the Central Government or any State Government or any statutory authority, as the case may be, and shall include an enterprise or a person against whom any inquiry or proceeding is instituted; and any enterprise or person impleaded by the Commission to join the proceedings;]
1. Subs. by Act 9 of 2023, s. 3, for certain words (w.e.f. 18-5-2023).
2. Ins. by s. 3, ibid . (w.e.f. 18-5-2023).
(l) "person" includes—
(i) an individual;
(ii) a Hindu undivided family;
(iii) a company;
(iv) a firm;
(v) an association of persons or a body of individuals, whether incorporated or not, in India or outside India;
(vi) any corporation established by or under any Central, State or Provincial Act or a Government company as defined in[[1]] [clause (45) of section 2 of[[2]] (18 of 2013)]];
Government company as defined in[[1]] [clause (45) of section 2 of[[2]] [the Companies Act, 2013
(vii) any body corporate incorporated by or under the laws of a country outside India;
1. 20-5-2009, vide S.O. No. 1242(E), dated 15-5-2009.
2. Subs. by Act 9 of 2023, s. 41, for sub-section (1) (w.e.f. 18-5-2023).
(viii) a co-operative society registered under any law relating to co-operative societies;
(ix) a local authority;
(x) every artificial juridical person, not falling within any of the preceding sub-clauses;
(m) "practice" includes any practice relating to the carrying on of any trade by a person or an enterprise;
(n) "prescribed" means prescribed by rules made under this Act;
(o) "price", in relation to the sale of any goods or to the performance of any services, includes every valuable consideration, whether direct or indirect, or deferred, and includes any consideration which in effect relates to the sale of any goods or to the performance of any services although ostensibly relating to any other matter or thing;
3[(p) "public financial institution" means public financial institution as defined in clause (72) of section 2 of the Companies Act, 2013 (18 of 2013) and includes a State Financial Corporation, State Industrial Corporation or State Investment Corporation;]
(q) "regulations" means the regulations made by the Commission under section 64;
(r) "relevant market" means the market which may be determined by the Commission with reference to the relevant product market or the relevant geographic market or with reference to both the markets;
(s) "relevant geographic market" means a market comprising the area in which the conditions of competition for supply of goods or provision of services or demand of goods or services are distinctly homogenous and can be distinguished from the conditions prevailing in the neighbouring areas;
4 " " [(t) relevant product market means a market comprising of all those products or services—
(i) which are regarded as inter-changeable or substitutable by the consumer, by reason of characteristics of the products or services, their prices and intended use; or
(ii) the production or supply of, which are regarded as inter-changeable or substitutable by the supplier, by reason of the ease of switching production between such products and services and marketing them in the short term without incurring significant additional costs or risks in response to small and permanent changes in relative prices;]
(u) "service" means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters
1. Subs. by Act 9 of 2023, s. 3, for the words and figures "section 617 of the Companies Act, 1956 (1 of 1956)" (w.e.f. 18-52023).
2. Subs. by s. 2, ibid ., for "the Companies Act, 1956 (1 of 1956)" (w.e.f. 18-5-2023).
3. Subs. by s. 3, ibid ., for clause (p) (w.e.f. 18-5-2023).
4. Subs. by s. 3, ibid ., for clause (t) (w.e.f. 18-5-2023).
such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising;
1 [(ua) "settlement" means the settlement referred to in section 48A;]
(v) "shares" means shares in the share capital of a company carrying voting rights and includes—
- (i) any security which entitles the holder to receive shares with voting rights;
- (ii) stock except where a distinction between stock and share is expressed or implied;
(w) "statutory authority" means any authority, board, corporation, council, institute, university or any other body corporate, established by or under any Central, State or Provincial Act for the purposes of regulating production or supply of goods or provision of any services or markets therefor or any matter connected therewith or incidental thereto;
(x) "trade" means any trade, business, industry, profession or occupation relating to the production, supply, distribution, storage or control of goods and includes the provision of any services;
(y) "turnover" includes value of sale of goods or services;
(z) words and expressions used but not defined in this Act and defined in[2] [the Companies Act, 2013 (18 of 2013)] shall have the same meanings respectively assigned to them in that Act.
Source: India Code