Section 35. Appearance before Commission

35. Appearance before Commission .—[4] [ 1 ][5] [A party] or the Director General may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of his or its officers to present his or its case before the Commission. Explanation .—For the purposes of this section,— (a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; (b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; (c) "cost accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; (d) "legal practitioner" means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice. 6[(2) Without prejudice to sub-section (1), a party may call upon experts from the fields of economics, commerce, international trade or from any other discipline to provide an expert opinion in connection with any matter related to a case.] 7[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; 1. Ins. by Act 39 of 2007, s. 25, (w.e.f. 20-5-2009). 2. Subs. by Act 9 of 2023, s. 24, for "29 and 30" (w.e.f. 10-9-2024). 3. Subs. by s. 26, ibid ., for section 33 (w.e.f. 20-5-2009). 4. Section 35 shall be numbered as sub-section (1) thereof by Act 9 of 2023, s. 25 (w.e.f. 18-5-2023). 5. Subs. by s. 25, ibid ., for "A person or an enterprise" (w.e.f. 18-5-2023). 6. Ins. by s. 25, ibid . (w.e.f. 18-5-2023). 7. Subs. by Act 39 of 2007, s. 29, for section 36 (w.e.f. 12-10-2007). (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.] 37 . [ Review of orders of Commission .] Omitted by the Competition (Amendment) Act , 2007 (39 of 2007), s . 30 ( w.e.f. 12-10-2007).