Bare Act Search Results

Competition Act, 2002 Section 28

Title: Division of Enterprise Enjoying Dominant Position

State: Central

Year: 2002

..... (3) Notwithstanding anything contained in any other law for the time being in force or in any contract or in any memorandum or articles of association, an officer of a company who ceases to hold office as such in consequence of the division of an enterprise shall not be entitled to claim any compensation for such cesser.] ___________________________________ 1. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words, brackets, letter and figures "Central Government, on recommendation under clause (f) of section 27" 2. Omitted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to omission it read as: "(d) the payment of compensation to any person who suffered any loss due to dominant position of such enterprise;" 3. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009.

Competition Act, 2002 Complete Act

State: Central

Year: 2002

.....or market therefor; or (ii) technical or scientific development relating to goods or services to the prejudice of consumers; or (c) indulges in practice or practices resulting in denial of market access; or (d) makes conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or (e) uses its dominant position in one relevant market to enter into, or protect, other relevant market. Explanation.-For the purposes of this section, the expression - (a) "dominant position" means a position of strength, enjoyed by an enterprise, in the relevant market, in India, which enables it to- (i) operate independently of competitive forces prevailing in the relevant market; or (ii) affect its competitors or consumers or the relevant market in its favour; (b) "predatory price" means the sale of goods or provision of services, at a price which is below the cost, as may be determined by regulations, or production of the goods or provision of services, with a view to reduce competition or eliminate the competitors. SECTION 05: COMBINATION. -The.....

Competition Act, 2002 Chapter 4

Title: Duties, Powers and Functions of Commission

State: Central

Year: 2002

..... (f) classification of industrial products.] ___________________________________________ 1. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words "receipt of a complaint,". 2. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009. Section 20 - Inquiry into combination by Commission (1) The Commission may, upon its own knowledge or information relating to acquisition referred to in clause (a) of section 5 or acquiring of control referred to in clause (b) of section 5 or merger or amalgamation referred to in clause (c) of that section, inquire into whether such a combination has caused or is likely to cause an appreciable adverse effect on competition in India: Provided that the Commission shall not initiate any inquiry under this sub-section after the expiry of one year from the date on which such combination has taken effect. (2) The Commission shall, on receipt of a notice under sub-section (2) of section 6 1[* * *], inquire whether a combination referred to in that notice or reference has caused or is likely to cause an appreciable.....

Prevention of Money-laundering Act, 2002 Chapter III

Title: Attachment, Adjudication and Confiscation

State: Central

Year: 2002

.....sub-section (1) shall cease to have effect after the expiry of the period specified in that sub-section or on the date of an order made under sub-section (2) of section 8, whichever is earlier. (4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) from such enjoyment. Explanation.--For the purposes of this sub-section, "person interested", in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property. (5) The Director or any other officer who provisionally attaches any property under sub-section (1) shall, within a period of thirty days from such attachment, file a complaint stating the facts of such attachment before the Adjudicating Authority. ______________________ 1. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "ninety days" 2. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "Provided that no such order of attachment shall be made unless, in relation to an offence under-- (i) Paragraph 1 of Part A.....

Prevention of Money-laundering Act, 2002 Section 5

Title: Attachment of Property Involved in Money-laundering

State: Central

Year: 2002

.....any interest in the property. (5) The Director or any other officer who provisionally attaches any property under sub-section (1) shall, within a period of thirty days from such attachment, file a complaint stating the facts of such attachment before the Adjudicating Authority. ______________________ 1. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "ninety days" 2. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "Provided that no such order of attachment shall be made unless, in relation to an offence under-- (i) Paragraph 1 of Part A and Part B of the Schedule, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974); or (ii) Paragraph 2 of Part A of the Schedule, a police report or a complaint has been filed for taking cognizance of an offence by the Special Court constituted under sub-section (1) of section 36 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)"

Competition Act, 2002 Section 19

Title: Inquiry into Certain Agreements and Dominant Position of Enterprise

State: Central

Year: 2002

.....determining whether an agreement has an appreciable adverse effect on competition under section 3, have due regard to all or any of the following factors, namely:-- (a) creation of barriers to new entrants in the market; (b) driving existing competitors out of the market; (c) foreclosure of competition by hindering entry into the market; (d) accrual of benefits to consumers; (e) improvements in production or distribution of goods or provision of services; (f) promotion of technical, scientific and economic development by means of production or distribution of goods or provision of services. (4) The Commission shall, while inquiring whether an enterprise enjoys a dominant position or not under section4, have due regard to all or any of the following factors, namely:-- (a) market share of the enterprise; (b) size and resources of the enterprise; (c) size and importance of the competitors; (d) economic power of the enterprise including commercial advantages over competitors; (e) vertical integration of the enterprises or sale or service network of such enterprises; (f) dependence of consumers on the enterprise; (g) monopoly or dominant position whether.....

Merchant Shipping (Amendment) Act, 2002 Chapter 2

Title: Amendment of the Merchant Shipping Act, 1958

State: Central

Year: 2002

.....constitute an admission of liability. Explanation 2. - For the purpose of this Part, the liability of a ship owner shall include liability in an action brought against the ship herself.". Section 18 - Substitution of new section for section 352B For section 352B of the principal Act, the following section shall be substituted, namely:- "352B. Limitation of liability. The amount to which any person referred to in sub-section (1) of section 352A may limit his liability in accordance with the provisions of the Convention and in cases where the provisions of the Convention are not applicable, the limit shall be in accordance with the rules made in this behalf prescribe.". Section 19 - Amendment of section 352C In section 352C of the principal Act,- (a) in the marginal heading, the words "against owner" shall be omitted; (b) for sub-section (1), the following sub-section shall be substituted, namely:- "(1) Where any liability is alleged to have been incurred by a person referred to in sub-section (1) of section 352A in respect of claims arising out of an occurrence, and legal proceedings are instituted in respect of claims subject to limitation, then such person.....

Prevention of Money Laundering Act, 2002 Complete Act

State: Central

Year: 2002

PREVENTION OF MONEY LAUNDERING ACT, 2002 PREVENTION OF MONEY LAUNDERING ACT, 2002 An Act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:- CHAPTER 01 PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Prevention of Money Laundering Act, 2002. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 02: DEFINITIONS (1) In this Act, unless the context otherwise requires, - (a) "Adjudicating Authority" means an Adjudicating Authority appointed under sub -section (1) of section 6 -; (b) "Appellate Tribunal" means the Appellate Tribunal established under section 25-; (c) "Assistant.....

Merchant Shipping (Amendment) Act, 2002 Section 27

Title: Insertion of New Part Xc

State: Central

Year: 2002

.....Government to the Fund shall, so far as those particulars are based on information obtained under this section, be admissible as evidence of the facts stated in the list; and so far as particulars which are so admissible are based on information given by the person against whom the proceedings are brought, those particulars shall be presumed to be accurate until the contrary is proved. (5) No person shall disclose any information which has been furnished to or obtained by him under this section unless the disclosure is made, (a) with the consent of the person from whom the information was obtained; (b) in connection with the compliance of this section; (c) for the purpose of any legal proceedings arising out of this section or of any report of such proceedings. (6) A person who, (a) refuses or wilfully neglects to comply with a notice under this section; or (b) makes, while furnishing any information in compliance with a notice under this section, any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence punishable under this Act. 352W. Liability.....

The Jharkhand Government Premises (Allotment, Rent, Recovery and Eviction) Act, 2002 Complete Act

State: Jharkhand

Year: 2002

.....meant for allotment to different category of persons entitled to Government quarter/residences under any Act or Rule and notified as such under this Act or Rules framed thereunder. Section 2A - Creation of pools and allotments of quarters (Inserted by Act 8 of 1996.) [(1) The State Government may by notification create one or more pools and allocate Government premises (residences/quarters) to such pool or pools out of Government premises (residences/quarters) and may also transfer Government premises (residences/quarters) from one pool to another pool. (2) The State Government may allot Government premises (residences/quarters) to persons who are under the control of the executive power of the State Government or entitled for a residence/quarter under any other law.] Section 3 - Cancellation of allotment If any Government premises is required for any public purpose, the competent authority may, notwithstanding anything contained in any other law for the time being in force, cancel the allotment under which such premises, is held or occupied by a person : Provided that before canceling the allotment under this section, the competent authority shall require such person.....