42. Power of ¹[director general] to obtain information.

(1) If the ¹[Director General] 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 ¹[Director General] whether he is a party to any such agreement and, if so, to furnish to the ¹[Director General] such particulars of the agreement as may be specified in the requisition.

(2) The ¹[Director General] 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 ¹[Director General] such further documents or information in his possession or control as the ¹[Director General] 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 ¹[Director General]-

(a) order the person or, as the case may be, the association to furnish those particulars to the ¹[Director General] within such time as may be specified in the order, or

(b) authorise the ¹[Director General] 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 willful, 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.

Note:

1. Substituted by Act No. 30 of 1984, for the word "Registrar", w.e.f. 1st. August, 1984.