Bare Act Search Results

Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 71

Title: Power to Require Goods to Show Indication of Origin

State: Central

Year: 1999

.....the country or place in which they were made or produced, or of the name and address of the manufacturer or the person for whom the goods were manufactured. (2) The notification may specify the manner in which such indication shall be applied, that is to say, whether to goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, whether by wholesale or retail or both. (3) No notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interests of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the Central Government is otherwise convinced that it is necessary in the public interest to issue the notification, with or without such inquiry, as the Central Government may consider necessary. (4) The provisions of section 23 of the General Clauses Act, 1897 (10 of 1897), shall apply to the issue of a notification under this section as they apply to the making of a rule or bye-taw the making of which is subject to.....

Geographical Indications of Goods (Registration and Protection) Act, 1999 Complete Act

State: Central

Year: 1999

.....expressions used and not defined in this Act but defined in the Trade Marks Act, 1999shall have the meanings respectively assigned to them in that Act. (3) In this Act, unless the context otherwise requires, any reference- (a) to the use of a geographical indication shall be construed as a reference to the use of a printed or other visual representation of the geographical indication; (b) to the use of a geographical indication in relation to goods shall be construed as a reference to the use of the geographical indication upon, or in any physical or in any other relation whatsoever, to such goods; (c) to a registered geographical indication shall be construed as including a reference to a geographical indication registered in the register; (d) to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3-; (e) to the Geographical Indications Registry shall be construed as including a reference to any office of the Geographical Indications Registry. SECTION 03: REGISTRAR OF GEOGRAPHICAL INDICATIONS (1) The Controller-General of Patents, Designs and Trade Marks appointed.....

Geographical Indications of Goods (Registration and Protection) Act, 1999 Chapter IV

Title: Effect of Registration

State: Central

Year: 1999

.....a competitor; (iii) geographical indications, the use of which in the course of trade is liable to mislead the persons as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods; (c) uses another geographical indication to the goods which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the persons that the goods originate in the territory, region or locality in respect of which such registered geographical indication relates. (2) The Central Government may, if it thinks necessary so to do for providing additional protection to certain goods or classes of goods under sub-section (3), by notification in the Official Gazette, specify such goods or class or classes of goods, for the purposes of such protection. (3) Any person who is not an authorised user of a geographical indication registered under this Act in respect of the goods or any class or classes of goods notified under sub-section (2), uses any other geographical indication to such goods or class or classes of goods not originating in the place indicated by such other.....

Monopolies and Restrictive Trade Practices Act, 1969 Section 41

Title: Power of Commission to Exempt Particular Classes of Goods from Sections 39 and 40

State: Central

Year: 1969

.....the prices at which the goods are sold by retail would, in general and in the long run, be increased to the detriment of the public as such consumers or users, or (c) any necessary services actually provided in connection with or after the sale of goods by retail would cease to be so provided or would be substantially reduced to the detriment of the public as such consumers or users. (2) On a reference under this section in respect of goods of any class which have been the subject of proceedings before the Commission under section 31, the Commission may treat as conclusive any evidence of fact made in those proceedings. ________________________ 1. Substituted by Act 30 of 1984, section 2, for "Registrar" w.e.f. 1-8-1984.

Foreign Exchange Regulation Act, 1973 [Repealed] Section 18

Title: Payment for Exported Goods

State: Central

Year: 1973

.....can be expected to receive on the sale of the goods in the overseas market. (7) For the purpose of ensuring compliance with the provisions of this section and any order or direction made thereunder, the Reserve Bank or the prescribed authority referred to in sub-section (1) may require any person making any export of goods to which a notification under clause (a) of (hat sub-section applies to exhibit contracts with his foreign buyer or other evidence to show that the full export value of the goods, or, as the case may be, the value which the exporter having regard to the prevailing market conditions, expects to receive on the sale of the goods in the overseas market, has been, or will within the prescribed period, be paid in the prescribed manner. (8) Without prejudice to the provisions of sub-section (1), where the Reserve Bank has permitted any authorised dealer to accept for negotiation or collection of shipping documents covering exports from his constituent [not being a person who has signed the declaration in terms of sub-section (1)], such authorised dealer shall, before accepting such documents for negotiation or collection, require the constituent concerned also to.....

Central Sales Tax Act, 1956 Chapter II

Title: Formulation of Principles for Determining when a Sale or Purchase of Goods Takes Place in the Course of Inter-state Trade or Commerce or Outside a State or in the Course of Import or Export

State: Central

Year: 1956

..... Explanation.-- Where there is a single contract of sale or purchase of goods situated at more places than one, the provisions of this sub-section shall apply as if there were separate contracts in respect of the goods at each of such places. Section 5 - When is a sale or purchase of goods said to take place in the course of import or export (1) A sale or purchase of goods shall be deemed to take place in the course of the export of the goods out of the territory of India only if the sale or purchase either occasions such export or is effected by a transfer of documents of title to the goods after the goods have crossed the customs frontiers of India. (2) A sale or purchase of goods shall be deemed to take place in the course of the import of the goods into the territory of India only if the sale or purchase either occasions such import or is effected by a transfer of documents of title to the goods before the goods have crossed the customs frontiers of India. 1 [(3) Notwithstanding anything contained in sub-section (1), the last sale or purchase of any goods preceding the sale or purchase occasioning the export of those goods out of the territory of India shall.....

Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 22

Title: Infringement or Registered Geographical Indications

State: Central

Year: 1999

.....a competitor; (iii) geographical indications, the use of which in the course of trade is liable to mislead the persons as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods; (c) uses another geographical indication to the goods which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the persons that the goods originate in the territory, region or locality in respect of which such registered geographical indication relates. (2) The Central Government may, if it thinks necessary so to do for providing additional protection to certain goods or classes of goods under sub-section (3), by notification in the Official Gazette, specify such goods or class or classes of goods, for the purposes of such protection. (3) Any person who is not an authorised user of a geographical indication registered under this Act in respect of the goods or any class or classes of goods notified under sub-section (2), uses any other geographical indication to such goods or class or classes of goods not originating in the place indicated by such other.....

Geographical Indications of Goods (Registration and Protection) Act, 1999 Chapter IX

Title: Miscellaneous

State: Central

Year: 1999

.....the trade concerned and of any relevant geographical indication legitimately used by other persons. Section 76 - Agents Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorised in the prescribed manner, who is. (a) a legal practitioner, or (b) a person registered in the prescribed manner as a geographical indications agent, or (c) a person in the sole and regular employment of the principal. Section 77 - Indexes There shall be kept under the directions and supervision of the Registrar, (a) an index of registered geographical indications, (b) an index of geographical indications in respect of which applications for registrations are pending. (c) an index of the names of the proprietors of registered geographical indications, and (d) an index of the names of authorised users. Section 78 - Documents open to public inspection (1) The following documents, subject to such conditions as may be prescribed, be open to public inspection at the Geographical.....

Foreign Exchange Regulation Act, 1973 Section 18

Title: Payment for Exported Goods

State: Central

Year: 1973

.....the period, if any, taken by the Reserve Bank for giving an opportunity to the exporter for making a representation under the first proviso shall be excluded. (2) Where any export of goods to which a notification tinder clause (a) of sub-section (1) applies, has been made, no person shall, except with the permission of the Reserve Bank, do or refrain from doing anything, or take or refrain from taking any action, which has the effect of securing- (A) in a case falling under sub-clause (i) or sub-clause (ii) of clause (a) of sub­section (1),- (a) that payment for the goods- (i) is made otherwise than in the prescribed manner, or (ii) is delayed beyond the period prescribed under clause (a) of sub­section (1), or (b) that the proceeds of sale of the goods exported do not represent the full export value of the goods subject to such deductions, if any, as may be allowed by the Reserve Bank; and

Central Sales Tax Act, 1956 Section 5

Title: When is a Sale or Purchase of Goods Said to Take Place in the Course of Import or Export

State: Central

Year: 1956

.....are sold in a prescribed form obtained from the prescribed authority. (5) Notwithstanding anything contained in sub-section (1), if any designated Indian carrier purchases Aviation Turbine Fuel for the purposes of its international flight, such purchase shall be deemed to take place in the course of the export of goods out of the territory of India. Explanation.-- For the purposes of this sub-section, "designated Indian carrier" means any carrier which the Central Government may, by notification in the Official Gazette, specify in this behalf.] _____________________________ 1. Inserted by Act 103 of 1976, sec. 3 w.r.e.f. 1-4-1976. 2. Inserted by the finance Act,2005 w.e.f. 13.05.2005