Section 30: Proceedings in cases of contravention

30. Proceedings in cases of contravention.__ (1) Where the Commission is satisfied that there has been or is likely to be, a contravention of any provision of Chapter II, it may make one or more of such orders specified in section 31 as it may deem appropriate. The Commission may also impose a penalty at rates prescribed in section 38, in all cases of contravention of the provisions of Chapter II. (2) Before making an order under sub-section (1), the Commission shall___ (a) give notice of its intention to make such order stating the reasons therefore to such undertaking as may appear to it to be in contravention; and (b) give the undertaking an opportunity of being heard on such date as may be specified in the notice and of placing before the Commission facts and material in support of its contention: Provided that in case the undertaking does not avail the opportunity of being heard, the Commission may decide the case ex parte. (3) The Commission shall publish its Orders in the official Gazette, for the information of the public. (4) An order made under sub-section (1) shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract or memorandum or articles of association. (5) Any order issued under this section shall include the reasons on which the order is based.

Effective date: 2010-01-01

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