The Competition (Amendment) Act, 2009.

REGISTERED NO . DL-( N) 04/ 0007/2003-09

रजिस्ट्री सं० डी० एल०(एन ) 04/ 0007/ 2003-09

भारत का राजपत्र The Gazette ofIndia

असाधारण

EXTRAORDINARY

भाग II - खण्ड 2

PART II - Section 2

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

सं 33] No. 33]

नई दिल्ली, शुक्रवार, दिसम्बर 11 , 2009/ अग्रहायण 20, 1931 NEW DELHI, FRIDAY, DECEMBER 11 , 2009 / AGRAHAYANA 20 , 1931

इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।

Separate paging is given to this Part in order that it may be filed as a separate compilation .

LOK SABНА

The following Bills were introduced in Lok Sabha on 11th December, 2009 :-

BILL NO . 118 OF 2009

ABill further to amend the Competition Act, 2002.

BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:----

1. ( 1) This Act may be called the Competition (Amendment) Act, 2009 .

Shrot title and commencement .

(2) Itshall be deemed to have come into force on the 14th day of October, 2009 .

2. Insection 66 of the Competition Act , 2002 ,-

(a) in sub- section ( 1 ) , the proviso and the Explanation thereto shall be omitted ;

Amendment of section 66 of 12 of Act 2003 .

(b) in sub - section (3 ) ,-

(i) for the words, brackets and figure " after the expiry oftwo years referred to in the proviso to sub - section ( 1 ) " , the words , brackets and figures " on the commencement ofthe Competition (Amendment) Act, 2009 " shall be substituted;

(ii) the following Explanation shall be inserted , namely: ---

"Explanation.- For the removal of doubts , it is hereby declared that all cases referred to in this sub - section , sub - section (4) and sub- section (5 ) shall be deemed to include all applications made for the 2

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

losses or damages under section 12B of the Monopolics and Restrictive Trade Practices Act , 1969 as it stood before its repeal ;

54 of 1969 .

(i) for the words , brackets and figure " on or before the expiry of two years referred to in the proviso to sub - section ( 1 ) " , the words , brackets and figures " immediately before the commencement of the Competition (Amendment ) Act , 2009 , shall , on such commencement " shall be substituted;

(ii) after the proviso , the following proviso shall be inserted , namely:-

"Provided further that all the cases relating to the unfair trade practices pending, before the National Commission under this sub - section , on or before the date on which the Competition (Amendment ) Bill , 2009 receives the assent of the President , shall , on and from that date , stand transferred to the Appellate Tribunal and be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not been repealed . " ;

(d) insub - section ( 5 ) , for the words , brackets and figure " after the expiry of two years referred to in the proviso to sub- section ( 1 ) " , the words , brackets and figures " on the commencement of the Competition ( Amendment) Act , 2009 " shall be substituted;

(e) in sub - section ( 7) , the following proviso shall be inserted , namely:---

"Provided that all investigations or proceedings , relating to unfair trade practices pending before the National Commission, on or before the date on which the Competition ( Amendment) Bill , 2009 receives the assent of the President shall , on and from that date , stand transferred to the Appellate Tribunal and the Appellate Tribunal may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit . " .

3. ( 1 ) The Competition (Amendment ) Ordinance , 2009 is hereby repealed .

Repeal and savings .

Ord . 6 of 2009.

12 of 2003 .

(2) Notwithstanding such repeal , anything done or any action taken under the Competition Act, 2002 , as amendedby the said Ordinance , shall be deemed to have been done or taken under the said Act as amended by this Act .

THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 2]

STATEMENT OF OBJECTS AND REASONS

The Competition Act , 2002 was enacted in 2002 keeping in view the economic developments that resulted in opening up of the Indian economy, removal of controls and consequent economic liberalisation which required that the Indian economy be enabled to allow competition in the market from within the country and outside . It was subsequently amended in 2007. The Competition Act, 2002, inter alia, provides for the following, namely:-

(A) establishment of the Competition Commission of India, which shall be an expert body and would function as a market regulator for preventing and regulating anti -competitive practices in the country in accordance with the provisions of theAct and it would also have advisory and advocacy functions in its role as a regulator which can also impose a penalty in certain cases specified in the Act ;

(B) establishment of the Competition Appellate Tribunal , which shall be a three member quasi -judicial body headed by a person who is or has been a Judge of the Supreme Court or the Chief Justice of a High Court to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission and to adjudicate claims on compensation and for passing of orders for the recovery of compensation from any enterprise for any loss or damage suffered as a result of any contravention of the provisions of the Act.

2. Sub-section ( 1 ) of section 66 of the Act provides for repeal of the Monopolies and Restrictive Trade Practices Act, 1969 ( MRTP Act ) and dissolution of the Monopolies and Restrictive Trade Practices Commission (MRTPC ) established thereunder. However, the MRTPC was allowed to continue under the said sub-section to exercise jurisdiction and powers under the repealed Act for a period of two years from the date ofthe commencement ofthisAct in respect of all cases or proceedings filed before the commencement ofthis Act .

3. Sub - section (3 ) of section 66 of the Act, inter alia, provides that all cases pertaining to monopolistic trade practices or restrictive trade practices and sub - section (5) of section 66 oftheAct provides that all cases pertaining to unfair trade practices referred to in clause (x) ofsub -section ( 1 ) of section 36A of the MRTP Act , pending before the MRTPC shall , after the expiry of two years referred to in sub -section ( 1 ) of section 66 stand transferred to the Appellate Tribunal , and , be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed Act.

4. Sub - section (4) of section 66 of the Act , inter alia , provides that all cases pertaining to unfair trade practices other than those referred to in clause (x) of sub - section ( 1 ) of section 36A of the MRTP Act before the MRTPC shall , on or before the expiry of two years stand transferred to the National Commission constituted under the Consumer Protection Act, 1986 and the National Commission shall dispose of such cases as if they were cases filed under that Act .

5. Section 66 of the Act was brought in force on the 1st September, 2009. The post of Chairperson of the MRTPC was vacant on the said date and there were only two Members in the said Commission out of five Members . Both Members in the said Commission demitted their office on the day of the 14th September , 2009 and on the day, of the 1st October , 2009 rèspectively on completion of their tenure. Efforts were made to fill up the posts but were of no avail . The MRTPC became non- functional and a gap was created for the disposal of the cases pending with the Commission . On the other hand, the Competition Appellate Tribunal established under the Competition Act, 2002 was not having adequate workload .

6. As both the Houses of Parliament were not in session and the President was satisfied that the circumstances existed which rendered it necessary for her to take immediate action , the Competition (Amendment ) Ordinance , 2009 was promulgated on the 14th October, 2009 so as to transfer immediately the cases pending with the Monopolies and Restrictive Trade Practices Commission to the Competition Appellate Tribunal and National Commission from the date of issue of the Ordinance .

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[PART II-

7. Since the National Commission expressed its inability to accept the transfer of cases and also the investigations or proceedings as many of the cases were not covered by the definition of ' consumer' under the Consumer Protection Act , 1986 and due to lack of investigating machinery with them , certain further amendments are proposed to section 66 of the Act which , inter alia , contains that-

ک (i) all the cases relating to unfair trade practices pending before the National Commission on or before the date on which the Competition (Amendment ) Bill , 2009 receives the assent of the President , shall , on and from that date , stand transferred to the Appellate Tribunal and be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not been repealed;

(ii) all investigations or proceedings , relating to unfair trade practices pending before the National Commission , on or before the date on which the Competition (Amendment) Bill , 2009 receives the assent of the President shall , on and from that date, stand transferred to the Appellate Tribunal and the Appellate Tribunal may conduct or order for conduct of such investigation in the manner as it deems fit .

8. The Bill seeks to replace the aforesaid Ordinance with the above amendments .

NEW DELHI;

SALMAN KHURSHID

The 4th December, 2009 .

THE GAZETTE OF INDIA EXTRAORDINARY

SEC.2]

Memorandum explaining the modifications contained in the Bill to replace the

Competition(Amendment ) Ordinance , 2009

The Competition (Amendment) Bill , 2009 which seeks to repeal and replace the Competition (Amendment ) Ordinance , 2009 proposes to make the following modifications apart from modifications of consequential or drafting nature in the provisions contained in the said Ordinance , namely:--

(1) itisproposed in insert an Explanation to sub- section (3) of section 66 of the Competition Act, 2002 so as to clarify that the expression " all cases " referred to in sub- sections (3 ) , ( 4) and (5) shall be deemed to include all applications made for the losses or damages under section 12B of the Monopolies and Restrictive Trade Practices Act, 1969 as it stood before its repeal ;

(ii) it is proposed to insert a second proviso to sub - section (4) of section 66 of the Act to the effect that all the cases relating to the unfair trade practices pending , before the National Commission under this sub- section , on or before the date on which the Competition (Amendment) Bill , 2009 receives the assent of the President , shall, on and from that date , stand transferred to the Appellate Tribunal and be adjudicated by the Appellate Tribunal in accordance with the provisions ofthe repealed Act as if that Act had not been repealed;

( iii) it is also proposed to insert a proviso to sub - section ( 7) of section 66 of the Act to the effect that all investigations or proceedings , relating to unfair trade practices pending before the National Commission, on or before the date on which the Competition (Amendment) Bill , 2009 receives the assent of the President shall, on and from that date, stand transferred to the Appellate Tribunal and the Appellate Tribunal may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit .

These two provisos shall come into force on and from the date on which the Competition (Amendment) Bill , 2009 receives the assent of the President .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

BILL NO . 131 OF 2009

A Bill to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services ofthe financial year 2009-10 .

BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows :-

Short title.

1. This Act may be called the Appropriation ( No. 4 ) Act , 2009.

2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of thirty thousand nine hundred forty - two crores and sixty-two lakh rupees towards defraying the several charges which will come in course of payment during the financial year 2009-10 , in respect of the services specified in column 2 of the Schedule .

Issue of Rs 30942.62,00,000 of the Consolidated out Fund of India for the financial year 2009-10.

Appropriation

3. The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 2]

THE SCHEDULE

(See sections 2 and 3 )

Sums not exceeding

Services and purposes

Total

Voted by Parliament

No. of Vote

Charged on the Consolidated. Fund

Rs .

Rs.

Rs .

14,23,00,000

Revenue

1 Department of Agriculture and Cooperation

19,96,00,000

Revenue

2 Department of Agricultural Research and Education

422,48,00,000

Revenue

4 Atomic Energy

199,83,00,000

Capital

55,67,00,000

Revenue

5 Nuclear Power Schemes

302,28,00,000

Capital

166,07,00,000

Revenue

6 Department of Chemicals and Petrochemicals

Revenue

7 Department of Fertilisers

281,00,00,000

Revenue

9 Ministry of Civil Aviation

Capital

162,63,00,000

2,05,00,000

160,58,00,000

Revenue

11 Department of Commerce

Revenue

12 Department of Industrial Policy and Promotion

4,03,00,000

Revenue

13 Department of Posts

Capital

249,24,00,000

Revenue

14 Department of Telecommunications

171,75,00,000

Capital

3660,82,00,000

Revenue

3660,82,00,000

17 Department of Food and Public Distribution ......

Capital

9,43,00,000

Revenue

18 Ministry of Corporate Affairs

Capital

Revenue

19 Ministry of Culture .

Capital

29,81,00,000

Revenue

20 Ministry of Defence

41,00,000

Capital

2210,00,00,000

Revenue

Defence Pensions

2,50,00,000

Revenue

23 Defence Services-Navy

1,45,00,000

Revenue

24 Defence Services-Air Force

Revenue

28 Ministry of Development of North Eastern Region

Revenue

29 Ministry of Earth Sciences

Capital

Revenue

30 Ministry of Environment and Forests.

Capital

297,50,00,000

Capital

31 Ministry of External Affairs

Revenue

32 Department of Economic Affairs

Revenue

33 Department of Financial Services.

1266,00,00,000

Capital

1200,02,00,000

Revenue

35 Transfers to State and Union territory Governments

Capital

3,94,00,000

Revenue

38 Department of Expenditure

4533,33,00,000

Revenue

Pensions

Revenue

41 Department of Revenue

3139,90,00,000

Capital

44 Department of Disinvestment

Revenue

46 Department of Health and Family Welfare

Revenue

49 Department of Heavy Industry

Capital

196,22,00,000

39,00,000

195,83,00,000

Revenue

51 Ministry of Home Affairs

Revenue

Police

72,00,000

Capital

7,92,00,000

Revenue

54 Other Expenditure of the Ministry of Home Affairs

48,00,00,000

Capital

105,68,00,000

Revenue

55 Transfers to Union territory Governments

Revenue

57. Department of School Education and Literacy

87,12,00,000

Revenue

58 Department of Higher Education

Capital

Revenue

59 Ministry of Information and Broadcasting

Revenue

5,59,00,000 60 Ministry of Labour and Employment

5,59,00,000

Revenue

61 Election Commission ........

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II--

Services and purposes

Sums not exceeding

Voted by

Total No. of Vote

Parliament

Charged on the Consolidated Fund

Rs .

62 Law and Justice

Revenue

1.00,000

CHARGED Supreme Court of India

Revenue

10,81,00,000

Revenue

64 Ministry of Micro , Small and Medium Enterprises

65 Ministry of Mines

Revenue

21,13,00,000

Revenue

67 Ministry of New and Renewable Energy

Revenue

71 Ministry of Personnel , Public Grievances and Pensions

39,13,00,000

3.05.00.000 42,18,00,000

Capital

15,21,00,000

74 Ministry of Power

Revenue

75,93,00,000

CHARGED. Union Public Service Commission

Revenue

17.10.00.000 17,10,00,000

79 Secretariat of the Vice- President

Revenue

41,00,000

80 Department of Rural Development

Revenue

154,45,00,000

154.45,00.000

Revenue

84 Department of Scientific and Industrial Research

6.77,00,000

6.77.00.000

Revenue

86 Ministry of Shipping

2.00,000

Capital

Revenue

87 Ministry of Road Transport and Highways .

311.00.00.000

Capital

311,00,00,000

Revenue

Ministry of Social Justice and Empowerment

Revenue

90 Ministry of Statistics and Programme Implementation...

91 Ministry of Steel

Revenue

728.69.00.000

728,69,00,000

Capital

Ministry of Textiles

Revenue

514,45,00,000

93 Ministry of Tourism

Revenue

2,00.000

100

Revenue

414,76,00,000

Department of Urban Development

414,76,00.000

Capital

2025,10.00,000

2025,10,00,000

101 Public Works

Revenue

25,52,00,000

25,52.00,000

103 Ministry of Water Resources

Revenue

104

Revenue

Ministry of Women and Child Development

105 Ministry of Youth Affairs and Sports

Revenue

312,42,00,000

Capital

350,58,00,000

TOTAL

29500,04,00,000 1442.58,00.000 30942,62,00,000 9

THE GAZETTE OF INDIA EXTRAORDINARY

SEC.2]

STATEMENT OF OBJECTS AND REASONS

ThisBill is introduced in pursuance ofarticle 114 (1 ) ofthe Constitution of India, read with article 115 thereof, to provide for the appropriation out of the Consolidated Fund of India of the moneys required to meet the supplementary expenditure charged on the Consolidated Fund of India and the grants made by the Lok Sabha for expenditure of the Central Government, excluding Railways , for the financial year 2009-10 .

PRANAB MUKHERJEE

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

[Copy of D.O. No. F. 4(3 ) -B (SD )/2009 dated the 7th December, 2009 from Shri Pranab Mukherjee, Minister of Finance to the Secretary- General , Lok Sabha ]

The President, having been informed of the subject matter of the proposed Bill to authorise payment and appropriation of certain further sums from and out ofthe Consolidated Fund of India for the services ofthe financial year 2009-10 , recommends under article 117 (1 ) and (3 ) of the Constitution the introduction of the Appropriation (No. 4) Bill , 2009 in Lok Sabha and also the consideration of the Bill .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

BILL NO . 130 OF 2009

A Bill to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Jharkhand for the services of the financialyear 2009-10 .

BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows :-

Short title.

1. This Act may be called the Jharkhand Appropriation (No. 3 ) Act, 2009 .

2. From and out of the Consolidated Fund of the State of Jharkhand there may be paid and applied sums not exceeding those specified in column 3 ofthe Schedule amounting in the aggregate to the sum of one thousand seventy- four crores , three lakhs , eighty - eight thousand and seventeen rupees towards defraying the several charges which will come in course of payment during the financial year 2009-10 , in respect of the services specified in column 2 of the Schedule .

Issue of Rs . 1074,03.88.017 out of the Consolidated Fund of the State of Jharkhand for the financial ycar 2009-10

Appropriation .

3. The sums authorised to be paid and applied from and out of the Consolidated Fund of the State of Jharkhand by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year .

THE GAZETTE OF INDIA EXTRAORDINARY

SEC . 2]

THE SCHEDULE

(See sections 2 and 3 )

Sums not exceeding

Services and purposes

Total

Votedby Parliament

Charged on the Consolidated Fund

No. of vote/ Appro- pria- tion

Rs.

Rs .

18,08,25,000

Revenue 18,08,25,000

Agriculture Department

1,54,77,000

Revenue 1,54,77,000

2 Animal Husbandry and Fisheries Department

1,23,60,000

Capital

6,22,00,000

Capital

3 Building Construction Department

12,38,68,000

Revenue

6 Election

5,96,00,000

Revenue 5,96,00,000

9 Co-operative Department

193,50,00,000

Capital

10 Energy Department .

22,73,00,000

Revenue 22,73,00,000

18 Food, Supply and Consumer Forum Department

40,61,00,000

Revenue 40,61,00,000

21 Higher Education Department

17,00,01,000

Revenue 17,00,01,000

22 Home Department.

77,53,75,000

Revenue

23 Industries Department

19,73,00,000

Revenue 19,73,00,000

Labour, Employment and Training Department

Revenue

27 Law Department

48,00,000

Revenue

28 High Court of Jharkhand

3,84,00,000

Capital

Minorities Welfare Department

Revenue

33 Personnel and Administrative Reforms Department

Revenue

39 Disaster Management Department

5,41,00,000

Revenue 5,41,00,000

40 Revenue and Land Reforms Department

21,36,00,000

Revenue 21,36,00,000

41 Road Construction Department

55,98,85,000

Revenue 55,98,85,000

42 Rural Development Department

115,45,15,000

Capital 115,45,15,000

13,53,39,017

Revenue

Secondary, Primary and Public Education Department

68,70,00,000

Revenue 68,70,00,000

47 Transport Department

Revenue

48 Urban Development and Housing Department

51,60,50,000

Revenue

51 Welfare Department

19,54,93,000

Capital

1074,03,88,017

48,00,000

1073,55,88,017

TOTAL 12

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II--SEC . 2 ]

STATEMENT OF OBJECTS AND REASONS

ThisBill is introduced in pursuance of articles 204 ( 1 ), 205 and 207 ( 1 ) ofthe Constitution of India , read with the Proclamation issued under article 356 of the Constitution in rcspect of the State of Jharkhand on the 19th January, 2009 , to provide for the appropriation out of the Consolidated Fund ofthe State of Jharkhand of the moneys required to meet the supplementary expenditure charged on the Consolidated Fund of the State of Jharkhand and the grants made by the Lok Sabha for expenditure of the Government of Jharkhand for the financial year 2009-10 .

NAMO NARAIN MEENA

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 207 OF THE

CONSTITUTION OF INDIA

[Copy of D.O. No. F. 2 ( 28 ) -B ( S)/2009 dated the 2nd December , 2009 from Shri Namo Narain Meena , Minister of State in the Ministry of Finance to the Secretary- General , Lok Sabha]

The President , having been informed of the subject matter of the proposed Bill to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Jharkhand for the services of the financial year ending on the 31st day ofMarch , 2010, recommends under article 207 ( 1 ) and (3) ofthe Constitution the introduction of the JharkhandAppropriation (No. 3 ) Bill , 2009 in Lok Sabha and also the consideration of theBill.

P.D.T. ACHARY,

Secretary -General .

PRINTED BY THE GENERAL MANAGER , GOVT. OF INDIA PRESS , MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 2009.

GMGIPMRND-5472GI-19.12.2009