Section 71: Offences
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
71. Offences
(1) Any person who—
(a) fails without reasonable excuse to comply with a requirement
imposed on him under this Act;
(b) in response to a requirement, or otherwise in connection with any
of the functions of the Commission under this Act, gives to the
Commission information which he knows is false or misleading in
material particular, or recklessly gives to the Commission information which is false or misleading in a material particular;
(c) gives to the Executive Director information which he knows is
false or misleading in a material particular, or recklessly gives to
the Executive Director information which is false or misleading in
a material particular;
C36A – 29 [Issue 3]
Competition Act
(d) knowing of the making of a requirement for the production of a
document, alters, suppresses or disposes of it, or causes it to be
altered, suppressed or disposed of;
(e) obstructs the execution of a warrant issued under section 53;
(f) refuses to take an oath at a hearing before the Commission;
(g) fails to answer fully and satisfactorily to the best of his knowledge and belief any question put to him by the Commission in
the exercise of powers under sections 52 and 53; or
(h) insults, interrupts or otherwise commits any contempt of the
Commission,
shall commit an offence.
(2) Any person who contravenes subsection (1) shall commit an offence
and shall, on conviction, be liable to a fine not exceeding 500,000 rupees
and to imprisonment for a term not exceeding 2 years.
(3) Notwithstanding—
(a) section 114 (2) of the Courts Act; and
(b) section 72 (5) of the District and Intermediate Courts (Criminal
Jurisdiction) Act,
a Magistrate shall have jurisdiction to try an offence under this Act or any
regulations made thereunder and may impose any penalty provided under
this Act.
(S. 71 came into operation on 25 November 2009.)
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Questions this section answers
- What happens if I give the Commission false information during an investigation?
- Can a Magistrate try an offence under the Competition Act?