रजिस्ट्री सं० डी० एल०(एन) 04/0007/ 2003-09 REGISTERED NO . DL-( N) 04/0007/2003-09
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II- खण्ड 1
PART II Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 46] No. 46]
नई दिल्ली, बुधवार, दिसम्बर 23 , 2009/पौष 2, 1931 NEW DELHI , WEDNESDAY, DECEMBER 23 , 2009 / PAUSA 2, 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 .
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 23rd December, 2009/Pausa 2, 1931 (Saka)
The following Act of Parliament received the assent of the President on the 22nd December, 2009, and is hereby published for general information:-
THE COMPETITION (AMENDMENT) ACT, 2009
No. 39 OF 2009
[22nd December, 2009.]
AnAct further to amend the CompetitionAct, 2002 .
Be it enacted by Parliament in the Sixtieth Year ofthe Republic of India as follows :-
1. (1) This Act may be called the Competition (Amendment) Act, 2009 .
Short title and commencement .
(2) It shall be deemed to have come into force on the 14th day of October , 2009 .
2. In section 66 of the Competition Act, 2002,-
(a) insub -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 of two 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-SEC. 1 ]
losses or damages under section 12B of the Monopolies and Restrictive Trade Practices Act , 1969 as it stood before its repeal ;
54 of 1969 .
(c) insub- section ( 4) ,-
(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) in sub- 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 ofthe 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.
Ord. 6 of 2009.
Repeal and savings.
12 of 2003 .
(2) Notwithstanding such repeal , anything done or any action taken under the Competition Act, 2002, as amended by the said Ordinance , shall be deemed to have been done or taken under the said Act as amended by this Act.
V.K. BHASIN, Secy to the Govt. of India.
PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS , MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 2009 .
GMGIPMRND-5688GI ( S5 )-24-12-2009 .