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REGISTERED NO. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 301] NEW DELHI, WEDNESDAY, AUGUST 1, 1984/SRAVANA 10, 1906

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

compilation

(1)

589 GI/84—1

389 01/84—2

>

589 OI/S4—3

589G1/84- 4

MINISTRY OF LAW. JUSTICE AND COMPANY AFFAIRS

(Department of Company Affairs)

NOTIFICATION

New Delhi, the 1st August, 1984

G.S.R. 854(E):—In exercise of the powers conferred by flee.

tion 67 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), the Central Government hereby makes the following rules further to amend the ^Monopolies "nd Restric- tive Trade Practices Rules, 1970 (hereinafter called "the said rules"), namely:—

1. Short tide and commencement.— (1) Those rules nuy bo called iho Monopolies and Restrictive Trade Practices (Amend- m e nt Rulos, 1984,

(2) They shall conic into force on the date of their publica-

tion in the Official Gazette.

2. In rules 2 of the said rules,—

(I) after clause (p), the following clause shall be inserted

as clause (bb), namely:—

'(bb) "Director General" means the Director Genera] of Investigation an4 Registration appointed under section 8 of the Act;';

•Note:—Tho Monopolies and Restrictive Trado Practices Rules, 1570—Published vidb Notification No. G.S.R. 1037 (E) dt. 9/7/7J Part IT Sec. ,3, Sub-Section (i) of tho Gazette of India (Extraordinary) (It, 10-7-TD. Subsequently amended by Notification No;

(0 G.S.R. 9: dated 8-1-71 G.S.R. 672 dated 29^-71

to

G.S.R. 748 da'cd 6-6-72

(iii) (iv) G.S.R. 321(C) dt. 22-6-72

(v) G.S.R. 1016 dt* 28-8.74

G.S.R. 1017 dt. 10-9-74

(vi)

G.S.R. 1181 dt. 2-S-76

(vii)

(viii) G.S.R. 1392 dt. 18-9-76

fix) i G.S.R. U24.dt. 4-9-78

(2) for clause (c), tho following clause shall be substituted,

namely:—

*(c). "principal oilicer" in relation to an undertaking

means :

(i) whore the undertaking is owned by a body

corporate—

(A) the managing director of the body corporate;

or

(B) any other director, manager or Secretary of the body corporate who ha? bicn authorised by the Board of Director of such body corpo- rate by means of a resolution in that bihalf;

(ii) wh:?re ihs undertaking is owned by a firm,

any partner thereof;

(iii) where the undertaking is owned by a Hindu Undivided Family, the Karta or the manager of the family;

(iv) where the undertaking is owned or controlled by an association of individuals, whothor incorporated or not, the individual wha his been specifically authOf rised in writing in this behalf;

(v) where the undertaking is owned by nil indivi-

dual, the individual himself;

(vj) where the undertaking is owned or controlled by a trust, the managing trustee or any other individual who ii managing the trust;'.

3. tot too proviso to ruio i oi tno said rules, tue toiiowing

shall be substituted, namely:—

"Provided that in respect of applications made under clause (d) of sub-section (3) of section 21, clause (d) of sub- section (}) of section 22, section 25 and soction 26 of the Act, it shall be sufficient if such applications are accompanied by one original and six copies (.hereof.¹*

4. In rule 5 of the said rules, for sub-rule (2), the following

shall bo substituted, namely;—

"(2) Every such notice shall bo accompanied by a challan or a bank draft evidencing payment of a fee of rupees one thousands"..

5. Aiterrulc 5 of the said rules, we following rule shall be

inserted, namely:—

"5A. Application under clause (d) of sub-section (S; of soction 21.—(I) For obtaining the'previous approval oi tho Central Government under clause (d) of sub-scctior (3) of section 21 of the Act, there shall bo made an agplica- tlon in Form IB.

(2) The procedure bid down i" sub-rujo (2) and sub- .rule (3) of. rule 3 shall bo applicable to*n application refer- red to in sub-rule (1) of. this rule.

(3> Too Central Government may, before passing any order on the application referred to in subrrulo (1), require tho owner of tho undertaking to furnish such additional in- formation as that Government may consider necessary."

6.. After rule 6 of tho said rulos, tho following ruje shall be

inserted, jjamel)':—

"6A. Application under clauso (d) of sub-section (3) of section 22—(t) For obtaining tho previous approval of the Central Government under clause (d) of sub-section (.1) of section 22 of

(2) The procedure laid down in sub-rule (2) and sub- rule (3) of rule 5 shall bj applicable to an application referred to in sub-rule (I) of this rule.

(3) Th

7, In rule 8 oi the said rules, for sub-rule (2), the ullowiug

shall be substituted, namoly:—

"(2) Every application referred to in sub-rule (1), shall be accompanied by a challan or a bank draft evidencing payment of a fee of rupees two hundred."

S. In rule 9 of the said rules, for sub-rule (2), tho following

shall bo substituted, namoly:—

"(2) Every application referred to in sub*rulo {!), ihall bo accompanied by a challan or a bank draft evldcneine payment of a fee of rupees five hundred."

9. Aftor rule 9 of the said rules, tho following shall be in-

•,rted, namely:—

"9A. Application for cancellation of registration.— (I) Every application for cancellation of registration made under sub-section (3) of section 26 of tho Act shall clearly indicate tho reasons for making such an application and shall also bo accompanied by an affidavit signed by tho principal wfflcor in support of tho statoiuonts made in the application.

(2) Tha statements in support of tho application re- ferred to in sub-rule (1) sh'Ul bo in conformity with tho form specified in tho Schodulo to the Monopolies and Restrictive Trade Practices (Information) Rules. 1971, as amended, from time to time, or as nearthercto as circumstances admit.

(3) Every application referred to iii sub-rule (1) shall bo accompanlod by a challau or a bank draft evidencing payment of a foe of rupees on$ thousand.

9B. Application for approval undor soction 30B.—

(2) Evory application undor sub-rulo (1) shall bo ac-

compauiodby a ehajjau or a bank draft evidencing payment of a foe of rupees five hundred.

9C. Intimation under section 3QC and application for approval under section 30D.--(l) Every intimation, referred to in section 30C and every application for approval uncjer seaioa 30D shall po given in-Farm IX.

, (2) Every application ,under sub-rulo (1) .shall bo companied by a challan or a bank draft ovi

JO. For rule 1Q of tho jaid JUICJ, the following shall bo sub- stituted, .rtfmely;—

"10, Payment of fees.—(1) Fcos payable under tho Act of any rules "or regulations made thoro undor shajl bo pajd by means of a Chilian into ttw Public Account of India at tho undermentioned branches °f tho Punjab National Bank for-credit uader tha Head of Account—"104—Other General Economic Sorvicos^Feosteelised undor tho Mono- polies and Restrictive Trade Practices Act, 1969—(i) Fees realised by thii Monopolies and R^stricfive Teudo Practice*! Commission and by tlic Director General of Investigation and Registration; (ii) Application fees realised by the Con-

tral Government under the Monopolies and Restrictive Trade Practices Act, 1969".

City

Name of trie Branch of tho Punjab National Bank Sl. No,

(2) The Director General shall maintain a speci

section of tho register under sub-section (2) of section 3< of tluj Act for entering therein such particulars as may t directed by the commissi in or as m'y b; prescribet by regulations rm.de in this bjhilf under section 6f

Ashram Road

Ahmedabad

Civil Lines

                                                                                    (3)  Tho Director General shall maintain an alphabetic!
1.                                                                             index  of  the  names  of  the  parties  to  tho  agreements  oth(
2  Allahabad                                                                   than  those  reserved  to  bo entered  in  the  special  section  i
3. Bangalore                                                                   tho register.

City Branch

Phiroz Shall Mehta Road

Bombay

4.

(4) The Director General shall also maintain an alphs

Brabourne Road

Calcutta

5.

Sector-! 7

Chandigarh

6.

Cuttack

7.

Cuttack

Burakhamba Road, Now

Delhi

8.

Delhi.

Ernakulam

bitical index of the agreements in relation to the goods servicos covered by such agreements, as far as practicabl on the linos of tho classification specified in the Schedule the Monopolies and Restrictive Trade Practices (Qa ." pation of Goods) Rules, 1971.

Ernakulam

Naya Bazar

9. 10.

Bank Street

                                                                                  (5)  All  agreements  and  otlior  documents  furnish*
                                                                              under section  35 of tho Act shall be kept in separate  foldc
    Owalior                                                                   arranged  in  alphabetical  order  according  to  tho  name
11. Hyderabad                                                                 the  first  contracting  party.
12. Jaipur                         M.I.  Road.
                                                                                  (6)  The  Director  General  shall  also  maintain  in  .

Ratnada Colony

Jodhpur

13.

Jullundur

14.

Civil Linos

Swaroop Nagar

15.

Mount Road

Kanpur Madras

16.

rttp registres, particulars in respect of restrictive trade pi tices, monopolistic trade practicas and unfair trai practices investigated by him or inquired into by t Commission, in accordance with Form XI, Form XI and Form XIB respectively.

JCingsway

Nagpur

17.

n. in ruio iz—

Piffurlckar Road

Panaji

18.

(1) For tho word "Registrar" whorcver it cocci

Boring Road

patna

19.

Shillong

Shillong

20.

the word3 "Director General" shall bo substituted;

Amirakadal

Srinugar

21.

(2) '' The fees payable under tho Act, or any rule or regu-

lations made thereunder may also be paid by moans of u Demand Draft drawn in favour of Pay and Accounts Offi- cer, Department of Company Affairs, New Delhi.

(3) Tho Challan/Bank Draft may be sent to the De- partment of Company Affairs, Shastri Bhawan, Now Delhi or tho Monopolies and Restrictive Trade Practices Commis- sion or the Director General of Investigation and Registra- tion, New Delhi, as th" case may be."

11. For rulo 11 of tho said rules, tho following shall bo sub-

stituted, namely;—

"11. Application under section- 36(3) of tha Act.— (1) Where an application is received by tho Director Gene- ral under sub-section (3) of section 36 of tho Act and ho is of tho opinion trjit it can bj disposed of in conformity with any general directions issued by the Commission, ho shall do so after, giving the applicant an opportunity of being he"rd.

(2) Any application made to tho Director Genera) undor sub-soction (3) of section 36 of the Act shall bo ac- companied by six additional copies thereof."

12. After rule U, tho following shall ba inserted as rule 11 A,

namely:—

"11 A. Particulars to bo entered in tho register and its main- tenance.—(I) Tho Director General shall enter tho parti- culars of agreements registrable undor sub-section (1) of section 33 of tho Act and the substance ofoadi order made by ttu; Commission under section 37 in ihe register main- tained itt accordance with Form X.

(2) In the opening portion, for the words "which subject to . registration under Chapter V", tha woi "registrable under sub-section (i) of section 33" sh (1) be substituted;

(3) In clause 0), in sub-clause (a), for ths word "foui

the word '"two" shall bo sabstituted;

(4) In clause (i), in sub-clause (b), for ttw word a figures "Form VIII", the word and figures "Form XL shall be substituted;

(5) In clause (ii), in sub-clause (a), for the word "four

the word "two" shall bo substituted;

(6) In clause (ii), in sub-clause (b), for the word "four

the word "two" shall be substituted;

(7) In clause (ii), in sub-clause (c), for the word

figures "Form VjUl", tho word and figures "Form shall be substituted.

14. For rule 13 of tho said rules, the following shall

substituted, namely :-r-

"13, Examination and recording of agreements:—

(1) The pjrector General shall qxamlne or cause to examined particular? of every agreement received in office,

(2) If, on such examination, any particulars are fou to be defective or incomplete in any respect, the Direc General shall, within a period of six months from the d£ of receipt of the agreement, direct the pirty who has ft njsbcd the,agreement to rectify tho defects therein or the" case may be, to supply the omissions taorefroni

(3) Tho following particulars shall bo endorsed

every documont registered under these rules, namely;

(a) Date on which it is registered;

(b) Serial Number and page of the resistor of agr

nients in which entered.

(4) Every endorsement referred to in, sub-rule, shall be signed by the Director General and shall bear his official

15. After rule 13, the following sh 11 bo inserted, namely :-

"13A. Dutios and" functions of the Director General.-

(l)(a) The Director General shall, in addition to the dutie and functions entrusted to him under the Act and thes rules, bo entitled to appsar in any proceeding in the cours. of any inquiry before the Commission;

(b) Where the Director General is entitled to appca before the Commission, he may appear cither in person o ba reprewnbd by a counsel duly authorised in this behalf

(2) It shall be the duty of the Director General to con- duct such investigations as miy bi directed by the Commis sion for any of the purposes under the Act.

16. After rule 15 of the said rules,, the following shall be

dded namely:—

"16. Inspection of, and extracts from, the register.— (1) Any person who wished to inspect the register, other than the spscial section, shall apply to the Director General alongwlth a challan or a bink draft referred to in rule 10 evidencing payment of a fee of rupses twenty fiva for each day of inspection.

(2) The Director General may allow ths applicant to inspect the register at any lime during office hours between 10.30 a.m. and 4.00 p.m. on any day other than Sundays, Socand Saturdays of each munth and public holidays either in his presence or in thj presence of any person authorised by him in this behalf.

(3) The applicant shall not bj permitted to take out extracts of any particulars entered in the register, but may b; allowed to take notes in pencil of any points from the particulars entered in the register.

(4) Any person who wishes to obtain a certified copy of, or extract from, any particulars entered in the register, other thin the special section, shall apply to the Director Gsncral and such application shall be accompanied by a fes of rupee one for every one hundred words required to be copied, or extracted.

(5) A copy issued under sub-rule (4) of this rule shall be certified to be a true copy by the Director General or any officer authorised by him in this behalf."

17. (1) In the Schedule to the said rules, for Form I and IA, the following shall respectively be substituted, namely :

"1-orm I

(See rule 5)

THE MONOPOLIES AND RESTRICTIVE TRADE

PRACTICES ACT, 1969

3. in case the undertaking is not registered, indicate: 0) thg dale on which it became registrable; and

(ii) thj number and date of ths default notice, if any issued to th? owner of th; undertaking for its registra- tion.

4. State whether the undertaking fails under one or mare if

the clauses of section 20 of the Act, namely; (1) Clauss (a) (i) (2) Clause (a) (ii) (3) Clause (b) (i) (4) Clause (b) (ii)

5. If the undertaking falls under clause (bj(i) or clause (b) (ii) of Section 20 of the Act, state ths item(s)/service(s) in relation to which it is dominant.

6. Name and addross of every inter-connected undertaking.

7. Indicate the legal status of the owner of the undertaking (whether sole proprietary concern, partnership firm/Hindu undivided family/b.idy corporate/others association of individuals or/trust):

R. Tf the owner of the undertaking is a sole proprietory con-

cern, give the following details:

(a) Name(s) and addresses) of the proprietor(s).

(b) Particulars of thj proprietorships, partnerships or directorships hold by the persons shown against (a) above in other organisations.

9. If the owner of thj undertaking' is a partnership firm, fur-

nish the following details:

(a) Names and addresses of the partners.

(b) Particulars of the proprietorships, partnerships or directorships held by the persons shown against (a) above in other organizations.

10. If ths owner of tfti un lortaking is a b ).ly corporate, give

Ihe following information:

(a) Nam; of thj b.irty corp iatc and the address of its

registered office

(b) Names and addresses of all thg units and divisions, of

the undertaking owned by the body corporate

(c) Names and addresses of the Directors, including Chairman, Managing/Wholetinw Directors and Manager, if any

(d) Particulars of ths proprietorships, partnerships or directorships held by the parsons shown against (c) above in other organizations/body corporate

(e) Authorised, subscribed and paid-up capital (both

equity and preference) of the body corporate. (One copy each of the annual accounts for tha last three years to -be enclosed),

(f) Existing shareholding pattern in the following form;

Name of the sliareholder

Form of NJticj* to bj givei to the Central Government :' ; OivW of an undertaking of hi" intention to make subs- ntiol expansion.

PART lA'

Particulars about \ae undertaking

Nima and address of the undertaking proposed to be ex- panded substantially.

Nurabir and date of ths undertaking's registration under

Equity capital Preference capital

No. of Percen- jjiares tage Tield to the

No. of Percen- shares tage held to the

toUl capital

total capital

(I)

(2) (3) (4) (5)

(i) Promoters

Section 26 of the Act.

(ii) Relatives, and friends

oft he promoters

1 2 3 4 5

(iii) Directors

(iv) Relatives, and friends of tkc Directors

(v) Associated persons

(vi) Inter-connected

undertakings.

(vii) Other undertakings.

(viii) Banks other than

financial institutions

(Ix) Financial Institutions*

(x) Non-residents (foreign companies/individuals)

Cxi) Indian Public

TOTAL

(g) Existing borrowings in the following form:

Source from which fUnds Loans, Deben- Total

raised

li. In case the undertaking is engaged in rendering serviced), give the following Wormatipn irt respect of each service:

(a) Particulars of the service

(h) Volume of the service expressed in terms of usual measure as also the income and/turnover from such service durinu the Drecedimt three vears.

PART 'B'

Particulars about the proposed expansion

14. If the requisite fee as required under Rule 10 of the MRTP Rules, 1970 has been paid. (Bank demand draft or the original copy of the chailan to be enclosed).

15. Names of the trade journal and newspapers in , which a general notice as per Rule 4A of the MRTP Rules, 1970 has been published. (Original press cuttings of each publications and a certi- ficate as to the date of publication to be enclosed).

16. If the proposed expansion relates to the production of goods,

give the following information:

(a) Names of the articles

tb) Licensed capacity;

(i) Existing

including Hnei

pHblic

deposits

(I)

(ii) Proposed increase

(2) (3) (4)

(i) Promoters and Directors and their relatives, friends and associated persons.

(ii) Owners of inter-connec-

ted undertakings.

(Iii) Owners of other under-

takings.

(W) Banks other than financial

institutions,

(v) Financial Institutions.'¹'* (vl) Indian Public (vii) Other Sources (to be spe-

cified)

TOTAL:

(h) Existing debt-equity ratio (A statement showing the calculation of the debt-equity ratio, duly certified by the auditors of the company to be enclosed).

•"Indicate on a separate sheet shareholding of each financial

institution.

••Indicate on a separate sheet borrowings from each financial

institution.

11. In case the undertaking H engaged- in the production of any goods, furnish the following particulars in respect of each article (a) Name of the article (b) Licensed capacity (c) Installed capacity (d) Actual production, both in terms of quantity and

value, during the preceding three years.

12. If the undertaking is engaged in the storage, supply, dirtrt- butiorv, marketing or control of any good , furnish the following information: (a) Name of each of the goods (b) Turnover, both in terms of quantity and value, during

the preceding three years,

(iii) Total after expansion

(c) Installed capacity;

(i) Existing

(ii) After proposed expansion

(d) Production in quantity and value

(i) In the preceding three years

(ii) Estimated annual production after proposed

expansion

(e) Assets:

(i) As at the close of the last financial year (ii) After proposed expansion

(f) Percentage share in total production in India of the

same goods

(l)as %of (2) Existing total pro- duction in the whole country

Total Pro- duction after pro- posed ex- pansion

Existing total annual production of the under- taking

Source(s) of the figures given in col. (2)

(3)

(4)

(1)

(2)

(5)

17. If the proposed expansion does not relate to the production but to storage, supply, distribution, marketing or control of goods, or to the provisions of any service, furnish the following information:

(a) Name(s) of the goods or particulars of the service

(b) Turnover/income;

(i) In the preceding three years

(ii) After proposed expansion

(c) Assets:

(i) As on the close of the last financial year

(ii) After proposed expansion

(d) Percentage share on all-India basis:

,3 3

Existing total an- Value of Value of (1) as Sotrce(s) nual value of goods or goods or % of of the , goods or services services re- services (2) figures

stored or supplied ferrod to in referred given in or distributed or col, (1) in to in col. col. (2) marketed or con- the whole (1) after trolled or provided country the pro- as tin case (turnover in posed ex- may be, by the the case of pansion of undertaking. service(s) the under-

provided) taking

0) ' (2) (3) M) (5) "

18. If any inter-connected undertaking is engaged in the pro- duction, storage, supply, distribution, marketing or con- trol of the same goods or is rendering the same services, furnish full particulars thereof, giving, inter-alia, informa- tion on the following points: (i) Licensed capacity (ii Installed capacity (Hi) Actual production/turnover, both in terms of quantity

and value, during the preceding three years,

(iv) Percentage share on all-India basis (to be given in the same format as in Column 17(d) in respect of each such undertaking).

19. Demand and supply position in the whole country.

Existing Projected de- Capacity Capacity demand mand in the already actually next 5 to 10 yrs. approved installed or in the current and the next Five Year Plan period (terminal years only)

(1) (2) (3) (4)

Gap between de- mand and supply

Actual production/ turnover in the lsat three years yearwise

Sources of in- formation given in cols. (1),(2) (3) (4) and (5}

(1) minus (1) minus

(3) (5)

(6) (7)

(5)

(8)

20. Nature of the proposed good(s) :

(a) whether included in Appendlx-I to the Government's Industrial Policy Statement dated 2-2-73, as amended from time to time.

(b) Whether reserved for the Small Scale Sector.

(c) Likely impact on the Small/Medium Scale Sectors

or on the Public Sector,

21. Technology :

(a) Whether the manufacture of the proposed goods or the

proposed service involved sophisticated technology.

(b) Whether the technology has been developed by the applicant or by other indigenous R & D set-up.

(c) Particulars of foreign collaboration, If any.

22. indicate whether me location where expansion Is to be effected is a 'No-Industry District' or otherwise a back- ward District, as notified by the Central Government. 23. State the export potential of the proposed good(s)/servic"Cs] aud whether the applicant is prepared to accept export obligation and if so, the extent thereof.

24. Does the proposal involve utilization of any wastes 1 If

so, ^ivo details.

25. Has the proposal any pollution anglo ? If so, mention

the anti-pollution measures proposed to bo taken.

26. Estimated project cost relating to the proposed expansion

with the break-up of Investment to be made on :

Rs. in lakhs

(a) Land

(b) Building

(c) Machinery

(i) Imparted

(ii) Indigenous

(d.) Margin money for working capital

(e) Other heads (to be specified)

TOTAL:

27. Precise soheme of finince, indicating clearly

the amount to be raised from :

Rs. in lakhs

va) Internal generation of funds (To be sup- ported by a cash flow statement)

(b) Equity capital

(c) Preference capital

(d) Debentures

(e) Banks

(f) Financial Institutions

(g) Foreign Exchange Loans

(h) Central Subsidy

(1) State Subsidy

(j) Other Sources (to be specified)

TOTAL:

28. Promoters' contribution in the proposed

scheme of finance, I.e.

Ri. In lakhs

(a) The amount to be contributed by the Directors, their relatives, friends and asso- ciated persons and inter-connected under- takings towards :

(1) equity capital

(ii) Preference capital

(iii) Debentures

(Iv) Unsecured loans

(b) The amount to be contributed by any

party as a-joint promoter.

(c) The amount to be contributed by the

.foreign collaborators,.If any,

(d) Amount available from internal genera-

tion of funds (as mentioned al (a) unde r item No. 27 above)

(c) Amount contributed by other promote]- •,

if any (to be specified)

TOTAL:

589 GI/84—5

29. Debt-"quity ratio after the proposed scheme of flnanco

has been implemented.

(A statomeut showing calculation of the debt-equity ratio,

duly certified by the auditors to be enclosed).

30. Was any similar proposal made earlier under the MRTP

Act, 1969 and/or Industries (Development and Regulatio n Act, 1931, If so, the particulars of the proposal, the deci- sion taken by the Government and the number and dat e of the communication through which the decision was conveyed may be indicated.

31. Any other information which is considered to be relevant.

Datea this day of 19

Signed

(Name aid designation of tho principal office of the under aldng Issuing tho notice)'."

(2) After Form TA, the following Form shall be inserted

namely :—

"Form IB

(Sec-.ule 5A)

THE MONOPOLIES AND RESTRICTIVE TRADE

PRACTICES ACT, 1969

Signature of Principal Officer

Place :— —

Date :

VERIFICATION

'I, AB do hereby solemnly state that what Is stated in items 1 to 31 above'is true to the best of my knowledge and belief." Form of application* for modification of the Scheme of expan- sion or the scheme of finance relating thereto.

1. Name and address of the undertaking.

2. Please state whether the requisite fees as required under rule 10 of the MRTP Rules, 1970 has been paid (Bank demand draft or the original copy of the challan to bo enclo- sed).

Signature of Principal Officer"

FORM 1A

(See rule 4A(1))

Form of general notice to be given to tho members of the public before giving a notice to the Central Government under sub- section (1) of Section 21 of tho Mimpjlie? and Restrictive Trade Practices Act, 1969.

NOTICE

It Is hereby notified for the information of the public that

(mention here the name of the owner of the undertaking) proposes to give to the Central Government intheDcpait- ment of Company Affairs, New Delhi, a notice under sub- sedtion (1) of Section 21 of the Monopolies and Restrictive Trade Practices Act, 1969, for substantial expansion of their undertaking. Brief particulars of the proposal are as under ;

1. Name and address of the owner of the undertaking.

2. Capital structure of the owner organisation.

3. Location of the unit or division to be expanded.

4. In caso the expansion relates to the production, storage, supply, distribution, marketing or control of goods, indi- cate i

(i) Names of goods

(ii) Licensod capacity/turnover before expansion

(iii) Expansion proposed

J. In cisc the expansion relates to any service, state the extent of expansion in torms of usual measures such as value, turnover, incomo, etc.

6. Cost of the project

7. Scheme of finance indicating the amount* to bo raised from each source.

Any person interested in the mittcr nny make a iepre&cn-

tatlon in quadruplicate to the Secretary, Department of Comany Affaris, Government of India, Shaatri Bhawan, New Delhi, within 14 tiJ'ys from the date of publication of this notice, intimi" ting his views on the proposal and Indicating the nature of his interest therein.

3. If the owner of the undert iking is a sole proprietory con- cern /a partnership firm/Hindu undivided family/ associa- tion/or trusffurnish following information about its ca/ital structure :

(a) the investment made by the owners

(b) foreign participation, if any and the terms and condi-

tions of such participation; and

(c) borrowings, giving break-up of loans raisod from banks, insurance companies, financiel institutions and other sources.

4. If the onwer of the undertaking is a body corporate, give

the following information :

(a) Name of the b >dy corporato and- the address of its

registered office;

(b) Names ar.d addresses of all the units ard divisions

ownod by the body corporate;

(c) Names anti addresses of the Directors, including Chair- man, Managing/Whole-time Directors and Manager if any;

(d) Particulars of the proprietorships, pai tnerihips or directorships held by the persons shown againt (c) above in other organisations/body corporate;

(e) Authorised, subscribed and paid-up capital (both equity and preferer.ee) of the body corporate. (A copy each of the annual accounts for the list three year? to bo enclosed).

(0 Existing shareholding pattern in the following form :

Name of the share-holder. Equity capital Preference capital

No. of Percen- shares tageto held the total

capital

N J. of Percen- sharos tage to held the total capital

(4) (5)

(2) (3)

(1)

(i) Promoters

(ii) Relatives, associates and friend* of the

promoters

(iii) Directors

*Five ccpes of the application ar< required to be sent.

(2) (3) (4) (5)

(1)

(2) (3) (4) (5)

(1)

Machinery

(c)

(iv) Relatives, associates and friends of the Directors

(d)

(v) I nter-connected under-

(i) Imported (ii) Indigenous Margin money for working capital

takings.

(e)

(vi) Other undertakings

Other Heads (to be specified)

(vii) Banks other than

financial institutions

TOTAL :

(viii) Financial institutions

(ix) Non-residents (foreign companies/individuals)

8. Scheme of finance :

(x) Indian Public

Source of finance

Total:

(g) Existing borrowings in the following form :

Amount Amount Extent Reason* which now of in- for va- was to sought crease/ riatlon bo raised to be decrea- eariler raised se (R".

Source from which funds Loans Dcben- Total

raised

(Rs. in (Rs. in in lakhs) lakhs) lakhs)

(2) 0) (4) (5)

0)

includ- tures ding public deposits

(1)

(2) (3) (4)

(a) Internal generation of funds (to be supported by a cash flow state- ment)

(b) Fresh equity capital

(i) Promoters and Directors and their relatives, friends and associates

(c) Preference capital

(ii) Inter-connected undertakings

(iii) Other undertakings

(d) Debentures (e) Banks other than finan-

(iv) Banks other than financial

cial institutions

institutions

(v) Financial Institutions

(f) Financial Institutions

(g) Foreign Exchange Loans

(h) Central Subsidy

(vi) Indian Public (viij Other Sources (to be specified)

TOTAL

(i) State Subsidy (j) Other sources

(To be specified)

TOTAL:

(h) Existing debt-equity ratio (A statement showing the

calculation of the debt-equity ratio, duly certified by the auditors of the company, to be enclosed).

9. Promoters' contribution in the scheme of finance :

5. Details of the scheme of expansion already approved under

Particulars of contributions As per As per Extent Reasons Section 21 of the Act. (A copy of the order passed by the Government to be attached)

6. Precise modification sought to be made in the approved

the ear- the mo- of in- for Her dified crease/ varia- schemo scheme decrease- tion

scheme of expansion and reasons therefor.

of (Rs. in (Rs. in finance lakhs) lakhs) 7. Project cost

(Rs.in lakhs)

Extent

Heads of expenditure

(1) (2) (3) (4) (5) Revised cost estimate (Rs. in ( lakhs)

of in- crease/ lecrea- se

Full reasons for varia- tion

Cost as estima- ted earlier (Rs. in 1 lakhs)

(Rs. in lakhs)

(4)

(2) (3)

(5)

(1)

(a> Land

(a) The amount to be con* tributed by the Dlrec- tors, their relatives, friends and associates and inter-connected undertakings towards : (i) fresh equity capital (ii) preference capital (iii) debentures

(b) Building

(I)

(2) (?) (4) (i)

(b) The amount to be con- tributed by the Joint Sector partner, if any

(c) The amouut to be con-

tributed by the foreign collaborators, if any

(d) Internal generation of

fund (as mentioned under item No. 8/ (ft)

above)

(e) Other promoters, if any

(to be specified)

TOTAL:

10. rDebt-equity ratio after the modified scheme of finance has been Implemented (A statement showing the calculation of the debt-equity ratio, duly certified by the auditors, to bc enclosed)

11. Indicate whether the equity shares are listed or proposed to

' be listed on any recognised stock exchange

12." Any other information considered to be relevant

Signature of Principal Officer

Place : • • •——— •

Date : •• • • ' • •

VERIFICATION

I, AB do hereby solemnly state that what It stated

in Items 1 to 12 above is true to the best of my knowledge and belief.

5. If the owner of the undertaking is a sole proprietor}

concern, give the following details :

(a) Name(s) and addresses) of the proprietor^).

(b) Particulars of the proprietorships, partnerships oi directorships held by the persons shown against (a) above in other organisations.

6. If the applicant is a partnership firm, furnish the followinj

details;

(a) Names and addresses of the partners.

(b) Particulars of the proprietorships, partnerships or directorships held by the persons shown against (a) above in other organisations.

7. If the applicant is a body corporate, give ttie following

information:

(a) Name of the bady corporate and the addi ess of its

registered office.

(b) Names and addresses of all the units and divisions of

the undertaking owned by the body corporate.

(c) Namos and addresses ofthe Directors, including Chair- man, Managing/Whole-time Directors and Manager, if any.

(d) Particulars of the proprietorships, partnerships- or director-ships held by the persons shown against (c) above in other organisations/body corporate^.

(e) Authorised, subscribed and paid-up capital (both

equity and prefrence) of the body orporate. (One copy each of the annual accounts for the last

three years to be enclosed).

(f) Existing shareholding pattern in the following form :

Name of the shareholder Equity capital

Signature of Principal Officer"

(3) For Form H and Form UA, tne lonowing snail respecti-

vely be substituted, namely :—

"FORM II

(See rule 6)

THE MONOPOLIES AND RESTRICTIVE TRADE

PRACTICES ACT, 1969 Form of application* for establishment of a new undertaking/ unit/division.

PART 'A'

Particulars about the person or authority making the Application

1. Name and address of the applicant

2. Please state whether the requisite fee f s required under rule 10 of the MRTP Rules, 1970 has been paid (Bank demand draft or the original copy of the challan to be enclosed)

•3; Names of the trade journal and newspapers in which a general notice as per rule 4A of the MRTP Rules, 1970 has

• been published.

(Original press cuttings of each publication and a certificate as to the date of publication to be enclosed)

4. Indicate the legal status of the owner of the undertaking (whether sole proprietory concern/partnership firm/Hindu undivided family/body corporate/other association, of individual! nr/trimrt

;

Preference capital

No, of Percen- shares tage to i held the total

capital

No. of Percen- shares tage tc held the total capital

(2) (3)

{{^{{FOOTNOTE (1)}}}}

(4) (5)

(0 Promoters

(ii) Relatives and Friends of the promoters

(Hi) Directors

(iv) Relatives and friends ofthe Directors (v) Associated Persons (vl) Inter- connected under-

• takings

(vli) Other undertakings (vlii) Banks other than finan-

cialinsiitutions

(ix) Financial Institutions** (x) Non-residents (foreign companies/individuajs)

(xi) Tndian Public

.-"•,.„.... ... „, . . "ln m i - n . L . | il, . n . i , . m .i >•*•*-

TOTAL

** Indicate in a separate sheet shareholding of each financial

• 1>E¹ve oo nea o f the application are required to bc sent.

institutions.

(g) Existing borrowings Jn the following form :—

Total

Deben- tures Source from whioh,funds raised Loans inclu- ding public deposit :s

(2)

(4)

(3)

(i) Promoters and Directors and their relatives, friends and asso- ciated persons.

(ii) Ownors of inter-connected

undertakings.

(ill) Owners of other undertake

legs

(iv) Banks othor than financial

institutions.

(v) Financial Inttitutions*

(vi) Indian Publio

(vil) Other sources

(to be specified)

TOTAL

(h) Existing debt-equity ratio

(A statement showing the calculation of the debt- equity ratio, duly certified by the auditors of the company to bo enclosed).

8. la case the applioant is already engaged Jn the productio of any goods, furnish the following particulars in respect of iach article:

(a) Name of the article

(b) Licensed capacity

(o) Installed capacity

(d) Actual production, both in terms of quantity an-

value, during the preceding three years.

9. If the applioant is engaged in the storage, supply, distr . butlon, marketing or control of any goods, furnish t he following information :

(a) Name of eaoh of the goods.

(b) Turnover, both in terms of quantity and value, duri

the preoedlng three years.

(b) Volume of the service expressed in terms of usual measures as also the income and turnover from each service during the preceding three years.

PART 'fl¹ .

Particulars about the proposed new undertaking/unit

division.

*1. Name and address of the proposed new untlerlaking/unit/

division

12. Furnish the following information regarding each of ih"

undertaking) with which the proposed new S r t a kW will get^ter-connected or to which the proposed new ud un t or division will be added:

(a) Name and address of the undertaking

(b) Numbor and date of registration under section 26 of

the Act.

(1) the date on which it became registrable- and °

•(H) the number and date of tha default notice' if any issued by the Government for registration '

IJ. Is any of the undertakings referred to in item \2 above a dominant undertaking ? If so, give the na uo of tho undertaking and tha good(s)/service(s) in relation to which it is dominant.

14. Proposed location, indicating whether it falls in a 'no industry" dlstrlot or otherwfse in a backward district, as notified by the Central Government.

13". If the proposal relates to tho production of gMd(s)/artlclefs1

furnish the following i.iLrmation:

(a) Name(s) of the goDd(s)/article(s)

(b) Proposed liaised capacity.

(c) Estimated annual production, both in terms of quantity

and value.

(d) Percentage share in the all-India production of the same goods/articles separately for each good/articlo ii the fjllo.ving format:

Total

production

(Das %off2)

after

Source(s) of the figures given in col(2)

proposed expansion

Existing total production It the whole country

Existing totil annual produc- tion of theundei taking

(4)

(i) (2)

{{^{{FOOTNOTE 0)}}}}

{{^{{FOOTNOTE (1)}}}}

16. If the proposal does not relate to the production but to the storage, supply, distribution, marketing or control of any good(s) or articled), or to the provision of any serviced) furnish the following information:

(a) Namefs) of the good(s)/article(s) or particulars of

the service(s)

10. In cas" the applicant is qpgaged in rendoring serviced), give the following information In respect of each service: (a) Particulars of the service

' rdiSt*^i°n * ^{8 0} p a r a te s b c et Growings from each financial (b) Estimated annual production, both in terms of quan-

tity and value or turnover in terms of value of services

provided as the case may be.

(c) Percentage share on alMndta basis, separately for

each good/article or service, as the case may be:—

(1) as %of(2)

Value of goods or services referred to

Sources of figure given h. col (2). Value of of goods or services referred to Incol(l) in the whole country (turnover In the case of

In col. (1) after the proposed expansion of the under- taking

i serviced provided)

Existing total annual value of goods or services stored or supplied or distributed or marketw or control- led or provided, as the case may be by the under- taking

(4)

(5) (2)

(1)

17 Tf any of the undertakings reterred to in Item 12 above is engaged in the production, storage, supply, distribution, marketing or control of the same good(s)/article(s) or in nrovldlng the same serviced) as arc the subjsct matter of the proposat, furnish full particulars thereof, giving, interalia, information on the following points:—

(a) Licensed capacity

(b) Installed oapaclty.

(c) Annual production/turnover, both in terms of quantity

and value, during the preceding three years,

(d) Percentage share on all-India basis (to be given in the same format as ii Column 16(c) In respect of each such undertaking)

18. Demand and supply position in me wnoic country:

Existing demand Projected . Capacity Capacity

demand in already actually the next 3 to approved installed 10 years or in the current and the next Five Year Plan period (terminal years only)

(1) (2) 0) • (4)

Gap between

Sources of

— information Actual produc- tion/turnover in the last three years—year-wise

(1) (2) minus (3) minus (5)

given in columns (1). (2), (3), (4) and (5)

(6) (7)

(8) (5)

19, Nature of the proposed goods/articles:

(a) Whether included in AppendU-I to the Government's Industrial Policy Statement dated 2-2-1973, as amen- ded from time to time.

(b) Whether reserved for the small Scale Sector-

(c) Likoly impact on the Small/Medium Sea

or on the Public Sector.

20. Technology:

(a) Whether the manufacture of the proposed good3 or the proposed service involves sophisticated technology.

(b) Whether the technology has been developed by the applicant- or by any other domestio Research and Development set-up.

(c) Particulars of foreign collaboration, if any.

21. State the export potential of the proposed good(s)/servlce(s^

and whether the applicant is prepared to accept certain export obligation.

22. Does the proposal involve utilisation of any wastes ? If

so, give details.

13. Has the proposal any pollution angle ? If so, mention

the anti-pollution measures proposed to be taken.

24. Estimated project cost, giving the break-up of investment

to be made on:

Rs- in lakhs

(a) Land

(b) Building

(c) Machinery

(i) Imported (ii) Indigenous

(d) Margin money for working

capital

(e) Other heads (to bo spooifled)

25. Precise scheme of finance, Indicating clearly the amount

to be raised from:

Rs. in lakhs

(a) Equity capital

(b) preference capital

(c) Debentures

(d) Banks other than financial

institutions

(e) Financial Institutions (rupee

loam)

(f) Foreign Exchange loans

(g) Central subsidy

(h) State subsidy

(i) Other sources (to be specified)

26, Promoters' contribution in the proposed scheme of finance,

(a) Amount to be contributed by the applicant interconnected undertakings, their Directors and the relatives, friends and associated persons of the directors towards: (i) Equity capital UO Preference capital (iii) Debentures

iv) Unsecured lo"n"

(b) Amount to be contributed by the Joint

Sector Partner if any, towards:

(i) Equity capita!

(H) Preference capltal/Debenturcs/loans

(c) Amount contributed by the foreign.

colhtnrators, if any, towards;

(1) Equity Capital (ii) Preference Capital/Debentures/loans

(d) Amount contributed by other

promoters, if any (to be specified)

7. Dobt-equity ratio after the proposed scheme of finance has been implemented (A statement showing calculation of the debt-equity ratio, duly certified by the auditors to be ^enclosed).

18, Was any similar proposal made earlier under the MRTP Act, 1959 anJ/or Industries (Development & Regulation) Act, 1951 ? If so, the particulars of the proposal, the decision taken by tho Government and the number and dato of the communication through which the decision was conveyed may be indicated.

29, Any other information which is considered to be relevant.

Signature of Principal Officer

Place:

Date:

VERIFICATION

6. Capital structure of the proposed undertaking.

7. In case the proposal relates to the production, storage, Supply, distribution, marketing or cintr*l of any goods/ articles, indicate :

i) Names of goods/articles,

(ii Proposed licensed capacity, (ill) Estimated annual turnover.

8. In case the proposal relates to the provision of any service, State the volume of activity in terms of usual measures such as value, income, turnover, etc.

9. Cost of the project.

10. Schema of finance, indicating the amounts to be raised

from each source.

Any person-interested in the matter may make a represen- tation in quadruplicate to the Secretary, Department of Com- pany Affairs, Government of India, Shastri Bhavan, New Delhi, within 14 days from the date of publication of this notice, intimating his views on the proposal and indicating the nature of his interest therein.

Dated this day of 19 , ..

Signed

(Name and designtaion of the Principal Officer of the under- taking, of the person, or of any officer authorised to sign for and on behalf of the authority issuing the notice)."

(4) After Form IIA, the following form shall be Inserted,

namely:~

"FORM 11B

I, do hereby solemnly state that what is statedinitems 1 to29aboveistruetothobestof my knowledge and belief.

Signature of Principal Officer

FORM IIA

[See rule 4A (1)]

Form of general notice to be given to the members of the public bofore making an application to the Central Government under sub-section (2) of section 22 of the Monopolies and Restrictive Trade Practices Act, 1969.

NOTICE

It is hereby notified for the information of the public that

O^-iicn h;fo tha natni of the person or authority

mtkhg the application).

proposes to make an application to ihc Central Government in the Department of Company Affairs, New Delhi under sub-section (2) of section 22 of the Monopolies and Restrictive Trade Practices Act, 1969, for approval to the establishment of a new undertaking/unit/ division. Brief particulars of the proposal are as Lunder:

1. Name and address of the applicant

2. Capital structure of the applicant organisation.

3. Management structure of the applicant organisation indica- ting the names of the Directors, including Managing/ Whole-time Directors and Manager, if any.

4. Indicate whether the proposal relates to the establishment

of a new undertaking or a new unit/division.

3, Location of the new undertaking/unit/dlvislon.

(See rule 6A)

THE MONOPOLIES AND RESTRICTIVE TRADE

PRACTICES ACT, 1969.

Form of application* for modification of the scheme of finance relating to the establishment of a new undertaking/unit/ division.

1. Name and address of the applicant

2. Please state whether the requisite fee as required undei

rule 10 of the MRTP Rules, 1970 has been paid, (Bank draft or the original copy of the challan to be enclosed).

3. Name and address of tho new undertaking unit/division.

4. Indicate the legal status of the owner of the undertaking.

(whether sole proprietary concern/partnership firm/Hindu undivided family/body corporate/other association of individuals or/trust).

6. If the applicant is a sole pj-oprletiry concern or a partner- ship firm, furnish the following information about its capital structure:

(a) the investment made by the proprietors/partners,

their relatives, friends and associates,

(b) foreign participation, if any and the terms and condi

tions of such participation; and

(o) borrowings, giving break-up of loans raised from banks insurance companies, financial institutions and othe sources.

'Five copies of the application are required to be sent.

6. If the applicant is a b>iy -.Mrp.ir.itc, g;Vo ih; following

inform iiinn;

(a) Nam; of thr bsdy corporate and tho address of it?

registered office

(b) Nam-s and addresses of all tho units and divisions

owned by the body corporate.

(") Existing borrowings in the following foim :

Source from which funds raised Loans Debsn- Total

inclu- tures ding public depo- sits

0) ~ (2)"~(3)~~74)

(c) Names and addresses of the Directors, including

Chairman, Managing/Whole-time Directors and

Manager, If any.

(d) Particulars of thi proprietorships, partnerships or directorships held by the persons shown against (c) above ir other organisations/body corporates.

(O Authorised, subscribed and paid up capital (both equity and preference) of the body corporate. (One copy each of the annual accounts for the last three years to be enclosed).

(f) Existing shareholding pattern in the following form:

Name of the shareholder Equity capital Preference

capital

No. of percen- No. of Pwrcen- share tage to shares tage held the held to the (i) Promoters and Directors and "their relatives, friends and associates

(ii) Interconnected undertak-

ings

(iii) Other undertakings

(iv) Bank9 other than financial

institutions.

(v) Financial institutions,

(vi) Indian Pjblic.

(vii) Other sources (to be speci-

fied).

TOTAL

(h) Existing debt-equity ratio

(a statemsnt showing the calculation of the debt

equity ratio, duly certified by the auditors of the

company to be enclosed)

total total

capital capital

(1) (2) (3) (4) (5)

(i) Promoters

(ii) Relatives, associa- tes and friends of the promoters

(iii) Directors

(iv) Relatives, asso- ciates and friends, of the Directors.

(v) Inter connected

undertaking"

(vi) Other undertakings

(vli) Banks other than

financial institu- tions

(viii) Financial institu-

tions,

(ix) Non-residents

(foreign companies/ individuals)

(x) Indian Public

TOTAL ~~ ~~ 7. Details about the new undertaking/unit/division, the establishment of which has already baen approved under section 22 of the Act. (A copy of tho order passed by the Government to be attached)

8. Project cost:

Head of expenditure Cost Revised Extent Full as cost of rea- estima- estima- increase/ sons ted te decre- for earlier (Rs. in a s e) varia- (Rs. in lakhs) (Rs. in tion lakha) lakhs)

(1) C> (3) (4) (5)

(a) Land

(b) Building

(c) Machinery

(i) Imported

(ii) Indigenous

(d) Margin money for

workir.g capital

(e) Other Heads (to be

specified)

TOTAL

9. Scheme of finance:

., „

._ „ ^ ^ 1 2 3 4 5

(c) Amount to bo contri- buted by the foreign collaborators, if any, towards:

(i) Equity capital

(ii) preference capital/

debentures/loans

(d) Other promoters, if

Source of      finance      Amount  Amount  Extent    Rea-
                             which    now      of      sons
                             was to   sought   incre-   for
                              be      to be    ase/    varin-
                             raiscd   raised   decrc-    tion
                             earlier  (Rs. in  ase
                              (Rs.  in lakhs)  (Rs. in
                              lakhs)            lakhs)

any, (to be specified)

0) (2) 0) <*) (5)

('i) Equity capital

(b) Prefcrnce capital

TOTAL:

11. Debt-equity ratio after the modified scheme of finance

has been implemented

(c) Debentures

(d) Banks other than fin- ancial institutions

(e) Financial institutions

(Rupee loans)

(f) Foreign Exchange loans

(g) Central subsidy

(A statement showing the calculation of the debt-equity ratio, duly certified by the auditors to be enclosed).

12. Indicate whether the equity shares are proposed to be listed on u recofnised stock exchange

13. Any other Inform ition considered

to bo relevant

(h) State subsidy

(I) Other sources to be

specified).

TOTAL:

10, Promoters' contribution in the scheme of finance;

Particulars of Contribution As per As per Extent Rea- the the of sons earlier modi- lucre- for scheme fled ase/de- vari- of scheme crease tlon finance (Rs. in (Rs. in (Rs. In lakhs) lakhs) lakhs)

CD (2) (3) ^ 4) tsT

(a) Amount to be contri- b uted by the applicant, inter-connoctod under- takings, their Directors and the relatives, friends and associates of the Directors towards:

(i)* Equity capital

(il) Preference capital

(iii) Debentures

(iv) Unsecured loans

3>) Amount to bs contri- buted by the Joint Sector Partner, if any, towards;

(i) Equity capital

(li) Preference capital/

debentures/loans

589 GI/84—6

Signature of Principal Officer.

Place : Date :

VERIFICATION

I AB do hereby solemnly state that

what is stated in items 1 to 13 above is true to the best of my knowledge and belief.

Signature of Principal Officer"

(5) For Forms III, IIIA, IV and IVA, the following shall

respectively be substituted, namely:—

"FORM m

[See rule 7(1)]

Challan No. — . • —

Bank Draft No. — •

Dated — . . • i .

THE MONOPOLIES AND RESTRICTIVE TRADE PRAC-

TICES ACT, 1969.

Form of application to the Central Government for Merger/ Amalgamation pursuant to section 23(2) of the Monopolies & Restrictive Trade Practices Act, 1969.

1. Name & Address of the applicant (Party to the proposed scheme of merger/amalgamation) to which Part A of Chapter III of the Act applies/would apply.

2. Full details of the proposed scheme of merger/amalgamation

(a copy of the scheme should be attached)

3. Details of the capital structure/capital investment of the

undertakings proposed to be amalgamated /merged.

.4. Form of management of the undertakings proposed to be

ftmalg amated /merged.

5. In case, the proposal involves merger or amalgamation of

two or more bodies corporate, please indicate:

(i) the names and addresses of the directors/managers

of each of the bodies corporate;

(ii) names and addresses of the shareholders holding 5% or more of the equity share capital of each of the bodies corporate;

(iii) Shareholding pattern of each of the bodies corporate at present, and of the amalgamated company after amalgamation/merger as detailed below:

(a) Financial Institutions [as defined in section 2(da)

of the Act]

(b) Non-residents

(c) Directors and their relatives

(d) Inter-connected bodies corporate

(e) Indian Public

6. The description of the goods produced, supplied, distri- buted or controlled or services rendered by the undertakings during the relevant period.

7. Share of the concerned undertakings in respect of each of the products during the relevant period (Please furnish details about licensed capacity, and production/turnover, separately in respect of each undertaking).

8. The name(s) and address(es) of all undertakings inter- connected with the concerned undertakings, alongwith th" name and address of sole proprietary partners/directors, capital structure, annual turn-over and the share in respect of each product in terms of licensed/installed capacity, production supply, distribution or control and/or services rendered, of each such undertaking.

9. Please furnish full particulars as in item No. 8 above in respect of each undertaking which would become inter- connected with the undertaking which will be brought into existence by the proposed scheme of merger/amalga- mation.

10. The object(s) sought to be achieved by the proposed merger/

amalgamation. (The reasons given must be comprehensive and accompanied by supporting evidence).

11. In case, the proposed merger/amalgamation is likely to bring in a change in the market structure with reference to any product that may be produced, supplied, distributed or otherwise controlled, or service rendered, the details thereof.

12. Any other information which the applicant wishes to

furnish.

13. Please attach the following:—

(i) One copy each of the annual accounts of the concern-

ed companies for the last three years.

(ii) One copy each of the annual accounts for the last three years of the owners of the undertakings which would be inter-connected.

(iii) An authenticated copy each of the clippings in origi- nal of the public notices published in newspapers/ journal pursuant to rule 4A of the Monopolies and Restrictive Trade Practices Rules, 1970.

(iv) One copy each of the the Memorandum and Articles

of Association of concerned companies, (v) Certified copies of relevant resolutions passed by the Board of Directors/Shareholders of the concerned companies.

(vl) Basis of arriving at the proposed exchange ratio and certified copy of the valuation report, if any. (six copies).

(vii) Challan/Demand Draft towards payment of prescrib-

ed application fee.

Signature of Principal Officer

Place :

Date :

VERIFICATION

I, AB do hereby solemnly state that what is stated in items 1 to 12 above is true to the best of my knowledge and belief.

Signature of the Principal Officer

FORM III-A

[See rule 4A(D]

Form of general notice to be given to the members of th

public before making an application to the Central Govcrnm.. under sub-section (2) of section 23 of the Monopolies and Res> trictive Trade Practices Act, 1969.

NOTICE

Tt is hereby notified for the information of the public tha

(here mention the name of the company)

proposes to make an application to the Central Governmer in the Department of Company Affairs, New Delhi, under sub section (2) of section 23 of the Monopolies and Restrictive Trade Practices Act, 1969, for approval to its scheme of mergei amalgamation with the —"—• • • • • • -

(here give the name(s) of companies with which merger or amal gamation is proposed).

Brief particulars of the scheme are as under:

(1) Name and address of the applicant

(ii) Management structure of the undertaking(s) propose*

to be merged/amalgamated

(iii) Capital structure of the undertaking(s) proposed

be merged/amalgamated

(Iv) Present activities of the undertaking^) proposed

be merged/amalgamated

(v) Brief particulars of the proposed scheme of merge

amalgamation, indicating the objectives proposed be achieved

(vi) Details of the exchange ratio/consideration propos* for shareholders/creditors of the ama1gamated/merg< undertaking.

2. Any person Interested in the matter may make a represc tatlon (in quadruplicate) to the Secretary, Department of Coi pany Affairs, Government of India, Shastri Bhavan, Dr. Raje dra Prasad Road, New Delhi within 14 days from the date publication of this notice intimating his views on the propoi and Indicating the nature of his Interest therein.

Signature of Principal Offlc

Dfited this day of. . • •19—

FORM IV

[Sec rule 7(2)]

Challan No.

or

Bank Draft No.

Doted

THE MONOPOLIES AND RESTRICTIVE TRADE PRAC- TICES ACT, 1969

Form of application to the Central Government regard- ig proposals to take over the whole or part of an undertaking mrsuant to section 23(4) of the Monopolies and Restrictive

-jo Practices Act, 1969:

1. Name and address of the applicant proposing to take over

another undertaking or a part of it.

2. Registration Number, If any, of the undertaking.

.i. Name, address, number and dale of registration of each undertaking inter-connected with the undertaking of tho applicant.

:. Please indicate—

(i) if the undertaking is owned by a body corporate—

(a) names and addresses of directors, including man"~ glng/whole-time directors and manager, if any.

(b) Full details of the proprietorships, partnerships and directorships held by the directors in other undertakings, inter-connection between the under- takings, if any, should be brought out.

(c) capital structure/proposed capital structure, of the body corporate giving details of shares held by financial institutions [as defined in section 2(da) of the Act], non-residents, interconnected bodies corporate and Indian public.

(d) Debentures and borrowings, if any, giving details of debentures issued to, or loans taken from, financial institutions [as denned in section 2(da) of the Act], foreign collaborators, if any, and inter- connected undertakings, indicating the nature of security, if any.

(e) Names and addresses of the shareholders having

5% or more of the equity share capital.

(f) names and addresses of all inter-connected under- takings giving nature of business activities of each.

(ii) If the undertaking is owned by partnership firm—

(a) names of the partners and their addresses.

(b) full details as at (b) to (f) in sub-item (i) above,

as far as applicable.

(iii) In any other case—

(a) Names of the owners and thetn address/es (b) full details of the proprietorships, [partnerships or directorships held by persons shown against (a) above in any interconnected undertaking and in any other undertaking.

(c) capital struciure/proposed capital structure of

the undertaking.

(d) capital structure of the owner of all inter-connect-

ed undertakings.

(e) capital structure (including debentures and borrow

ings) of other undertakings in which the owners have made investment and the extent of invest- ment in each case.

(f) full details of foreign participation, if any, in Ihe undertaking and in the inter-connected under takings, indicating the name and address of foreign collaborators and the terms and conditions of such participation.

(g) full details of borrowings indicating specifically the borrowings from banks and financial institu- tions with names and amounts. Similar details in rospect of inter-connected undertakings may also be furnished.

5. Lines of business of the applicant. The description of goods manufactured, supplied, distributed or otherwise controlled or services rendered by the undertaking should be precisely given, including the value, cost, price, quantity or capacity, as the case may be, of each of the goods and services.

6. Please indicate the quantum and/or value, as the cat* may bo, of tho same or similar goods or goods which are subject of different forms of production produced, supplied, distributed or otherwise controlled and the value of same or similar services rendered during the relevant period referred to in Explanation VI to clause (d) of section 2 of the Act by c&ch undertaking inter-connected with th" undertaking of th© applicant.

7. Indicate the estimated quantum and value of goods to be prodiiccd, supplied, distributed or controlled and tho valut of services to be rendered during tho current calendar year.

8. Name and address of tin undertaking, the whole or part of which is proposed to be taken over. Please indicate the registration number of the undertaking If it is regis- tered under the Act.

9. Please give full details of the proposed take-over including

the following s

(a) if it is proposed to acquire shares of another body corporate, the details of shares involved including the voting power which such shares bear to the total voting power mode of valuation, haw the offer waj made to the other body oorparate or the shareholder* of the other b3dy corporate, numbor of shareholders who have agreed to soil their holdings for cash or in exchange of the shares of tha applicant. In case the offer was not made to all tho shareholders of the other body corporate, the reasons therefor should ba ctoarly indicated.

(b) if it is proposed to purchase the whole or part of an undertaking, the proposed purchase price, the basis on which it is arrived at including tho mode of valua- tion adopted.

(c) if it is by way of mortgage, lease or licence or under any agreement or other arrangement, details there- of.

10. Tho linos of business of the undertaking proposed to be acquired indicating the nature of goods produced, supplied, distributed or otherwise controlled or tho nature of services rendered during tho relevant period referred to in Explanation VT to clause (d) of section 2 of the Act. Th" names of the proprietors/partners/directors and thair addresses and the capital structure of the undertaking or its owner, aj the case may be, including borrowings,

11. Please indicate the quantum and/or value, as the case may bq, of the goods produced, suppliod, distributed or con- trolled or services rendered by the undertaking proposed to bo acquired.

12. Lines of business of, the undertakings which will or is likely to emerge as a result of the proposed take-over. Please give thj filbwlng details :

Sl. No.

Doscription , of goods

Nature of services

Estimated makret share as per col. 3 and 4

Estimated an- nual licensed/ installed capa- city/vaiuo of production/ser- vices of the resulting un- dertaking

Present annual licensed/in stallod capa- city/value of production/ services of the applicant un- dertaking

(4)

(5) -

(3)

(2)

(1)

13. (a) Scheme of finance—•

Please furnish full details regarding the scheme of finance for the proposed take over indicating the estimated capital outlay.

(b) Source(s) of Finance—

(I) If it is proposed to finance the takgovor from internal resources, indicate precisely in what manner, the funds will be generated.

(ii) In case it is proposed to obtain loans, please set out in detail the sources, th-s terms and conditions, rate of interest and terms of repayment.

(iil) if it intended to borrow from any bank or financial Institution, please state tho terms and conditions, thereof including option, if any, of tho;leading institu- tion to appoint its nomince(s) on tho management and /or convert the loan or any part thereof into equity share capital.

(iv) Please furnish full details of any foreign exchange involved. Indicate tho names of persons or institu- tions.

(v) (a) attach a separate statement showing the financial and liquidity position on the last day of the ac- counting year which closes during the calendar year immediately proceeding the calendar year in which the application is made.

(b) In case it is proposed to issue fresh capital, full details thereof indicating shares proposed to be issued to non-residents and financial institutions.

(c) if the proposal involves exchange of shares, please indicate the basis on which the proposed exchange ratio is worked out.

14. Any other information which the applicant may wish to

furnish.

15. Please furnish the following :

(i) one copy each of the annual accounts of the the applicant and the undertaking proposed to be taken over.

(ii) An authenticated copy each of tho clippings iu original of the public notices published pursuant'to rule 4A of ttw Minjpjlies & Restrictive Trade Practices Rules, 1970.

(iii) One copy each of tho Memorandum and Articles

of Association of concerned undertakings.

(iv) Certified copies of th; rcsolution(s) passed by the Board of Directors/Shareholders of the under- takings concerned.

(v) Challtin/Demand Draft t awards payment of pros-

cribed application fee.

Signature of Principal Officer

VERIFICATION

I, AB do hereby solemnly sttte that what stated in item 1 to 15 ab^vc is true to the best of my knowledge and belief.

Signature of Principal Officer

FORM IVA

[See rule 4A{1)]

Form of genera) notice to be given to the member of the public before making an application to tho Central Govern- ment under sub-section (4) of section 23 of the M jnopolies and Restrictive Trade Practices Act, 1969.

NOTICE

that,

1. It is hereby notified for the informitlon of the public ,—, pro-

(mention here the name of ths applicant)

poses to mike an applicatijn to Cental Government in the Department of Company Affairs, Now Delhi under sub-section (4) of section 23 of tto Monopolies and Restrictive Trade Practices Act, 1969, for approval to the take over of the whole .— or part of . (mentioned here the name of the undertaking to bo

taken over).

Brief particulars of the proposal are as under :—

(i) Name and¹ address of the applicant.

(II) Name and address of the undertaking the whole or part of which is proposed to bo taken over and th" manner of take over ic. by acquisition of shares, acquisition of control or management, whether b the acquisition of the ownership of the undertakin; or under any mortgage lease or licence or under an^ agreement or other arrangement.

(ili) Management structure of the applicant,

(iv) Capital structure of :

(a) the applicant

(h\ the.undertaking proposed to be taken over

(v) Line(s) of business of the undertaking whioh will o is likely to emerge as a result of the proposed tak over.

(vi) Consideration for the take-over.

(vii) Scheme of finance Indicating the source(s) of (inane

for the propose take-over.

2. Any person interested in the matter may make a represen tion to Secretary, Department of Company Affairs, Ooverr ment of India, Shastri Bhavan, Dr. Ra'jendro Prasa

Road, New Dalhi, within 14 days from the date of publi- cation of this Notice intimating his views on the proposal and indicating tlic nature of his interest therein.

Signature of the Principal Officer

Dated this day of 1 9 . . . ."

(6) For Form VI, the following shall be substituted,

namely:—

"FORM VI

[See rule 9]

Challan No.

Bank Draft No.

Date— . i

THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969

Form of application for Registration of undertaking,

PART 'A

GENERAL

1. Name of the owner of the undertaking(s).

2. Address

(a) Registered Offices :

(b) For correspondence

3. Typo of ownership [Public Limited/Private Limited/Firm/ Sole Proprietary concern/IndrWdual/Hiridu Undivided Family/Others (Please specify)]

4. Particulars of registration of ovvner/undertaking(s)

Name of the Name of the Registration State/Place of owner/under statute(*) No. and date registration taktog(s)

1 2 34

5. Nature of Business Activities

Sl. Name of Existing/ Location/ Nature of No. undertaking proposed Place/State Business Activities

1 2 ~3~ 4 7~

6. Give the following particulars according to the nature of

activity .

Sl. Name(s) and location(s) Goods manufactured/Services No. of the unit(s)£ rendercd/otther activities 7. Section and date on which the p.ovisi' ns, of the M^HJ- polics and Restrictive Trade Practices (Amendment) Act, 1984 became applicable to (he undertaking(s)

Section Date

20(a)(i) 20(aXi0 20(b)(i) 20(bXlQ

* Companies Act/Fattories Act/Any oth;r SUte Act.

£ Including units located in territories to which the Act

does - not apply.

PART 'B¹

MANAGEMENT AND SHAREHOLDING PATTERN

8. If the undertaking is owned by a solo proprietory concern/ Hindu Undivided Family/Association of Individuals Trusts or a partnership firm, please furnish the following Information in respect of the undertaking, as well us th" interconnected undertakings :—

(i) Particulars of capital — Antiexnre I

(ii) Particulars of owners —, Annexure IA

(iii) Particulars of relatives of owners who are holding positions in other organisations — Annexure IB

9. If the undertaking is owned by a body corporate, please furnish the following information jn respect of the under- taking as well as the interconnected undertakings

(i) Particulars of share capital —. Annexure 11

(ii) Particulars of Board of Directors — Annexure IIA

(iii) Particulars of relatives of oioh

director who are holding posi- tions in other organisations — Annexure IIB

(IY) Particulars of employees of the undertaking who arc holding positions in other organisations —• Annexure 1IC

10. If the undertaking has entered into any foreign collabora-

tion agreeme.it, please give details fa copy of the agree-; ment(s) may also be attached].

PART 'C

INTER-CONNECTED UNDERTAKINGS

11. Particulars of undertakings inter-connected with your undertaking with the meaning of section 2(g) of the Mono- polies and Restrictive Trade Practices Act [Please furnish details for all undertakings, whether registered, under default notice or not registered under the Monopolies and Restrictive Trade Practices Act but satisfying the criteria for inter-connection under section 2(g)].

Sl. Name and add-Total value of assets ifregis- Basis for No. ress of the ——•——<—•—•—> • toied/ interconncc-

undcrt'.king As on Rupees under tion

In lakhs default

notice

12 3 4 5 6