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Supplementary Amendment Insurance Regulatory and Development Authority (Third Party Administratorshealth Services) Regulations, 2001 Complete Act

State: Central

Year: 2001

.....of licence; (4) the Authority, finds that the licence or any renewal thereof granted to the TPA was on the basis of fraud or misrepresentation of facts; (5) there is a breach on the part of the TPA in following the procedure or acquiring the qualifications laid down by regulation 8 of these regulations; (6) the TPA is subject to winding up proceedings made under Companies Act, 1956 or any statutory modification thereof; (7) there is a breach of code of conduct prescribed by Regulation 21 of these regulations; (8) there is violation of any directions issued by the Authority under the Act or these regulations. Regulation 15 Before proceeding under regulation 13 to revoke or cancel a licence granted to a TPA, the Authority shall grant a reasonable opportunity of being heard to the TPA. Regulation 16 (1) Every order made by the Authority under regulation 13 shall be in writing, stating clearly the reasons for the revocation or cancellation of the licence and the order shall be served on the TPA as soon as same is made. (2) The Authority shall also send copies thereof to the insurance company with whom the TPA has subsisting agreement(s). Regulation 17 The TPA on receipt.....

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Assessor (Licencing Professional Requirements and Code of Conduct) Regulations, 2000 Complete Act

State: Central

Year: 2000

.....to the Authority that he or any of its directors or any of its partners, as the case may be, has (i) not contravened any of the provisions of the Act or the IRDA Act, or any rules or regulations made under those Acts or any order or direction issued by the Authority; (ii) not made a statement which is false in material particulars with regard to his eligibility for the licence or renewal thereof or in any of the activities transacted by him or them or the matters connected therewith as a surveyor and loss assessor; (iii) neither had his licence cancelled or suspended under the Act, nor had violated the Code of Conduct prescribed under these regulations; (iv) discharged the duties and responsibilities as a professional; (v) not been negligent in the discharge of his obligations; and (vi) not been sentenced to a term of imprisonment by any Court of law. Regulation 8 Procedure where licence is not to be granted or renewed, or where licence is to be suspended or cancelled (1) Where an applicant does not satisfy the provisions of the Act and these regulations, the Authority may reject the application for grant of licence or renewal thereof and refund to the applicant not more.....

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Monopolies and Restrictive Trade Practices Act, 1969 Chapter 6

Title: Control of Certain Restrictive Trade Practices

State: Central

Year: 1969

.....to the Central Government 2[***] for such action as that Government may take under section 31. ________________________ 1. Substituted by Act 30 of 1984, section 31 for "a monopolistic undertaking is indulging in restrictive trade practices" w.e.f. 1-8-1984. 2. The words "with regard to any monopolistic trade practice" omitted by Act 30 of 1984, section 31 w.e.f. 1-8-1984. Section 38 - Presumption as to the public interest (1) For the purposes of any proceedings before the Commission under section 37, a restrictive trade practice shall be deemed to be prejudicial to the public interest unless the Commission is satisfied of any one or more of the following circumstances, that is to say- (a) that the restriction is reasonably necessary having regard to the character of the goods to which it applies, to protect the public against injury (whether to persons or to premises) in connection with the consumption, installation or use of those goods; (b) that the removal of the restriction would deny to the public as purchasers, consumers or users of any goods, other specific and substantial benefits or advantages enjoyed or likely to be enjoyed by them as such, whether.....

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Monopolies and Restrictive Trade Practices Act, 1969 Complete Act

State: Central

Year: 1969

MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969 MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969 54 of 1969 An Act to provide that the operation of the economic system does not result in the concentration of economic power to the common detriment, for the control of monopolies, for the prohibition of monopolistic and restrictive trade practices and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Monopolies and Restrictive Trade Practices Act, 1969. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may,1[by notification], appoint. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "agreement" includes any arrangement or understanding, whether or not it is intended that such agreement shall be enforceable (apart from any provision of this Act) by legal proceedings ; (b) "Commission" means the Monopolies and Restrictive Trade Practices Commission established under.....

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Monopolies and Restrictive Trade Practices Act, 1969 Section 40

Title: Prohibition of Other Measures for Maintaining Re-sale Prices

State: Central

Year: 1969

.....which he normally supplies those goods to other dealers carrying on business in similar circumstances; or (c) treats a dealer, in spite of a contract with such dealer for the supply of goods, in a manner less favourable than that in which he normally treats other dealers in respect of time or methods of delivery or other matters arising in the performance of the contract. (4) A supplier shall not be deemed to be withholding supplies of goods on any of the grounds mentioned in sub-section (1), if, in addition to that ground, he has any other ground which alone would entitle him to withhold such supplies. Explanation I.-"Re-sale price", in relation to sale of goods of any description, means any price notified to the dealer or otherwise published by or on behalf of the supplier of the goods in question (whether lawfully or not) as the price or minimum price which is to be charged on, or is recommended as appropriate for, a sale of that description or any price prescribed or purporting to be prescribed for that purpose by any contract or agreement between the wholesaler or retailer and any such supplier. Explanation II.-A wholesaler or retailer is said to use goods as loss.....

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Monopolies and Restrictive Trade Practices Act, 1969 Chapter 2

Title: Monopolies and Restrictive Trade Practices Commission

State: Central

Year: 1969

.....trade practices by Commission.- The Commission may inquire into- (a) any restrictive trade practice- (i) upon receiving a complaint of facts which constitute such practice 1[from any trade association or from any consumer or a registered consumer association, whether such consumer is a member of that consumers' association or not], or (ii) upon a reference made to it by the Central Government or a State Government, or (iii) upon an application made to it by the 2[Director General], or (iv) upon its own knowledge or information, (b) any monopolistic trade practice, upon a reference made to it by the Central Government 3[or upon an application made to it by the Director General] or upon its own knowledge or information. ________________________ 1. Substituted by Act 74 of 1986, section 3, for certain words w.e.f. 1-6-1987. 2. Substituted by Act 30 of 1984, section 2 for "Registrar" w.e.f. 1-8-1984. 3. Inserted by Act 58 of 1991, section 3 w.r.e.f. 27-9-1991. Section 11 - Investigation by Director General before issue of process in certain cases JURISDICTION ,POWERS AND PROCEDURE OF THE CORPORATION 1[11. Investigation by Director General before.....

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Monopolies and Restrictive Trade Practices Act, 1969 Chapter 4

Title: Monopolistic Trade Practices

State: Central

Year: 1969

.....of any service by it and fixing the terms of sale (including prices) or supply thereof; (b) prohibiting the undertaking from resorting to any act or practice or from pursuing any commercial policy which prevents or lessens, or is likely to prevent or lessen, competition in the 6 [production, storage, supply] or distribution of any goods or provision of any services; (c) fixing standards for the goods used or produced by the undertaking; (d) declaring unlawful, except to such extent and in such circumstances as may be provided by or under the order, the making or carrying out of any such agreement as may be specified or described in the order; (e) requiring any party to any such agreement as may be so specified or described to determine the agreement within such time as may be so specified, either wholly or to such extent as may be so specified; 7 [(f) regulating the profits which may be derived from the production, storage, supply, distribution or control of goods or from the provision of any service; (g) regulating the quality of any goods or the provision of any service so that the standards thereof may not deteriorate.] 7 [(4) Whenever any order is made by.....

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Monopolies and Restrictive Trade Practices Act, 1969 Section 14

Title: Orders Where Party Concerned Does Not Carry on Business in India

State: Central

Year: 1969

JURISDICTION, POWERS AND PROCEDURE OF THE CORPORATION 14. Orders where party concerned does not carry on business in India.- Where any practice substantially falls within 1 [monopolistic, restrictive or unfair, trade practice, relating to the production, storage, supply,] distribution or control of goods of any description or the provision of any services and any party to such practice does not carry on business in India, an order may be made under this Act with respect to that part of the practices which is carried on in India. ________________________ 1. Substituted by Act 30 of 1984, section 12 for certain words w.e.f. 1-8-1984.

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Monopolies and Restrictive Trade Practices Act, 1969 Section 33

Title: Registrable Agreements Relating to Restrictive Trade Practices

State: Central

Year: 1969

.....or market for the disposal of the goods; (h) any agreement not to employ or restrict the employment of any method, machinery or process in the manufacture of goods; (i) any agreement for the exclusion from any trade association of any person carrying on or intending to carry on, in good faith the trade in relation to which the trade association is formed; (j) any agreement to sell goods at such prices as would have the effect of eliminating competition or a competitor; 2 [(ja) any agreement restricting in any manner, the class or number of wholesalers, producers or suppliers from whom any goods may be bought; (jb) any agreement as to the bids which any of the parties thereto may offer at an auction for the sale of goods or any agreement whereby any party thereto agrees to abstain from bidding at any auction for the sale of goods;] (k) any agreement not herein before referred to in this section which the Central Government may, 3 [by notification], specify for the time being as being one relating to a restrictive trade practice within the meaning of this sub-section pursuant to any recommendation made by the Commission in this behalf; (l) any agreement to enforce the.....

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Monopolies and Restrictive Trade Practices Act, 1969 Complete Act

Title: Monopolies and Restrictive Trade Practices Act, 1969

State: Central

Year: 1969

.....1 Section1 - Short title, extent and commencement Section2 - Definitions Section2A - Power of Central Government to decide certain matters Section3 - Act not to apply in certain cases Section4 - Application of other laws not barred Chapter 2 Section5 - Establishment and constitution of the Commission Section6 - Terms of office, conditions of service, etc., of members Section7 - Removal of members from office in certain circumstances Section8 - Appointment of Director General, etc., and staff of the Commission Section9 - Salaries, etc. to be defrayed out of the Consolidated Fund of India Section10 - Inquiry into monopolistic or restrictive trade practices by Commission Section11 - Investigation by Director General before issue of process in certain cases Section12 - Powers of the Commission Section12A - Power of the Commission to grant temporary injunctions Section12B - Power of the Commission to award compensation Section12C - Enforcement of the order made by the Commission under section 12A or 12B Section13 - Orders of Commission may be subject to conditions, etc Section13A - Power of the Commission to cause investigation to find out whether or not orders.....

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