42. Power of [Director-General] to obtain information
.-(1) If the [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984).] has reasonable cause to believe that any person is a party to an agreement subject to registration under section 35, he may give notice to that person requiring him within such time, not less than thirty days, as may be specified in the notice, to notify to the [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984).] whether he is a party to any such agreement, and, if so; to furnish to the [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984).] such particulars of the agreement as may be specified in the requisition.
(2)
The [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984).] may give notice to any person by whom particulars are furnished under section 35 in respect of an agreement or to any other person being a party to the agreement requiring him to furnish to the [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984).] such further documents or information in his possession or control as the [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984).] may consider expedient for the purpose of, or in connection with, the registration of the agreement.
(3)
Where a notice under this section is given to a trade association, the notice may be given to the secretary, manager or other similar officer of the association and for the purposes of this section any such association shall be treated as a party to an agreement to which members of the association, or persons represented on the association by those members, are parties as such.
(4)
If the particulars called for under sub-section (1) or sub-section (2) are not furnished, the Commission may, on the application of the [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984).],-
(a)
order the person or, as the case may be, the association to furnish those particulars to the [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984).] within such time as may be specified in the order, or
(b)
authorise the [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984).] to treat the particulars contained in any document or information in his possession as the particulars relating to the agreement, or
(c)
in case the Commission is satisfied that the failure to furnish the particulars is wilful, make an order restraining wholly or partly the parties to the agreement from acting on such agreement and from making any other agreement to the like effect.
43. Power to call for information .-Notwithstanding anything contained in any other law for the time being in force, the Central Government may, by a general or special order, [call upon the owner of any undertaking] to furnish to that Government periodically or as and when required any information concerning the activities carried on by the undertaking, the connection between it and any other undertaking, including such other information relating to its organisation, business, cost of production, conduct, trade practice or management, as may be prescribed to enable that Government to carry out the purpose of this Act.
44. Power to appoint Inspectors .-(1) The Central Government may, if it is of opinion that there are circumstances suggesting that an undertaking is indulging in any monopolistic [or restrictive, or unfair trade practice] or is, in any way, trying to acquire any control over any dominant or inter-connected undertaking, appoint one or more inspectors for making an investigation into the affairs of the undertaking.
(2)
The provisions of section 240 and section 240-A of the Companies Act, 1956 (1 of 1956), so far as may be, shall apply to an investigation made by an inspector appointed under this section as they apply to an investigation made by the inspector appointed under that Act.