Bare Act Search Results

Competition Act, 2002 Chapter 2

Title: Prohibition of Certain Agreements, Abuse of Dominant Position and Regulation of Combinations

State: Central

Year: 2002

.....of the Explanation to section 5.]] ___________________________________________ 1. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(1) No enterprise shall abuse its dominant position." 2. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words, brackets and figure "under sub-section (1), if an enterprise". 3. Inserted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. 4. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009. Section 5 - Combination Regulation of combinations 5. Combination.-- The acquisition of one or more enterprises by one or more persons or merger or amalgamation of enterprises shall be a combination of such enterprises and persons or enterprises, if-- (a) any acquisition where-- (i) the parties to the acquisition, being the acquirer and the enterprise, whose control shares, voting rights or assets have been acquired or are being acquired jointly have,-- (A) either, in India, the assets of the value of more than rupees one thousand crores or turnover more than.....

Competition Act, 2002 Section 6

Title: Regulation of Combinations

State: Central

Year: 2002

.....investment agreement, as the case may be. Explanation.--For the purposes of this section, the expression-- (a) "foreign institutional investor" has the same meaning as assigned to it in clause (a) of the Explanation to section 115AD of the Income-tax Act, 1961 (43 of 1961); (b) "venture capital fund" has the same meaning as assigned to it in clause (b) of the Explanation to clause (23FB) of section 10 of the Income-tax Act, 1961 (43 of 1961). ________________________________ 1. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words "may, at his or its option,". 2. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words "seven days". 3. Inserted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007].

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.....

Companies (Amendment) Act, 2002 Section 2

Title: Insertion of New Part Ixa

State: Central

Year: 2002

.....shall form part of the capital of the Producer Company. (8) Any reference to the inter-State co-operative society in any law other than this Act or in any contract or other instrument, shall be deemed to be reference to the Producer Company. (9) If, on the transformation date, there is pending any suit, arbitration, appeal or other legal proceeding of whatever nature by or against the inter-State co-operative society, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the incorporation of the Producer Company under section 581C or transformation of the inter-State co-operative society as a Producer Company under section 581J, as the case may be, but the suit, arbitration, appeal or other proceeding, may be continued, prosecuted and enforced by or against the Producer Company in the same manner and to the same extent as it would have, or may have been continued, prosecuted and enforced by or against the inter-State co-operative society as if the provisions contained in this Part had not come into force. 581M. Concession, etc., to be deemed to have been granted to Producer Company .-- With effect from the transformation.....

Competition Act, 2002 Section 3

Title: Prohibition of Agreements: Anti Competitive Agreements

State: Central

Year: 2002

..... (i) the right of any person to restrain any infringementof, or to impose reason­able conditions, as may be necessary for protecting anyof his rights which have been or may be conferred upon him under-- (a) the Copyright Act, 1957 (14 of 1957); (b) the Patents Act, 1970 (39 of 1970); (c) the Trade and Merchandise Marks Act, 1958 (43 of 1958)or the Trade Marks Act, 1999 (47 of 1999); (d) the Geographical Indications of Goods (Registrationand Protection)Act, 1999(48 of 1999), (e) the Designs Act, 2000 (16 of 2000); (f) the Semi-conductor Integrated Circuits Layout-DesignAct, 2000 (37 of 2000); (ii) the right of any person to export goods from India tothe extent to which the agreement relates exclusively to the production, supply, distribution or control of goods or provision of services for suchexport.] _________________________ 1. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009.

Biological Diversity Act, 2002 Chapter 5

Title: Approval by the National Biodiversity Authority

State: Central

Year: 2002

.....of being heard to the person affected. (4) The National Biodiversity Authority shall give public notice of every approval granted by it under this section. Section 20 - Transfer of biological resource or knowledge (1) No person who has been granted approval under section 19 shall transfer any biological resource or knowledge associated thereto which is the subject matter of the said approval except with the permission of the National Biodiversity Authority. (2) Any person who intends to transfer any biological resource or knowledge associated thereto referred to in sub-section (1) shall make an application in such form and in such manner as may be prescribed to the National Biodiversity Authority. (3) On receipt of an application under sub-section (2), the National Biodiversity Authority may, after making such enquiries as it may deem fit and if necessary after consulting an expert committee constituted for this purpose, by order, grant approval subject to such terms and conditions as it may deem fit, including the imposition of charges by way of royalty or for reasons to be recorded in writing, reject the application: Provided that no such order for rejection shall.....

Biological Diversity Act, 2002 Section 21

Title: Determination of Equitable Benefit Sharing by National Biodiversity Authority

State: Central

Year: 2002

(1) The National Biodiversity Authority shall while granting approvals under section 19 or section 20 ensure that the terms and conditions subject to which approval is granted secures equitable sharing of benefits arising out of the use of accessed biological resources, their by-products, innovations and practices associated with their use and applications and knowledge relating thereto in accordance with mutually agreed terms and conditions between the person applying for such approval, local bodies concerned and the benefit claimers. (2) The National Biodiversity Authority shall, subject to any regulations made in this behalf, determine the benefit sharing which shall be given effect in all or any of the following manner, namely:-- (a) grant of joint ownership of intellectual property rights to the National Biodiversity Authority, or where benefit claimers are identified, to such benefit claimers; (b) transfer of technology; (c) location of production, research and development units in such areas which will facilitate better living standards to the benefit claimers; (d) association of Indian scientists, benefit claimers and the local people with research and.....

Biological Diversity Act, 2002 Complete Act

State: Central

Year: 2002

.....of any Panchayats or Municipalities, institutions of self-Government constituted under any other provision of the Constitution or any Central Act or State Act; (i) "member" means a member of the National Biodiversity Authority or a State Biodiversity Board and includes the Chairperson; (j) "National Biodiversity Authority" means the National Biodiversity Authority established under Sec. 8; (k) "prescribed" means prescribed by rules made under this Act; (l) "regulations" means regulations made under this Act; (m) "research" means study or systematic investigation of any biological resource or technological application, that uses biological systems, living organisms or derivatives thereof to make or modify products or processes for any use; (n) "State Biodiversity Board" means the State Biodiversity Board established under Sec. 22; (o) "sustainable use" means the use of components of biological diversity in such manner and at such rate that does not lead to the long-term decline of the biological diversity thereby maintaining its potential to meet the needs and aspirations of present and future generations; (p) "value added products" means products which may contain.....