By omid minooee

Business legislation

Bureau of Indian standard act,1986

MRTP act,1969

The monopolistic and restrictive trade

practices act,1969 is an important piece of

economic legislation designed to ensure that

the operation of the economic system does not

result in the concentration of economic power

to the common detriment.

The act came into force from 1st June ,1970 and

has been amended in 1970

The monopolies and restrictive trade perspective act ,1969

Mrtp act ,1969,aims to prevent concentration of economic power to

the common detriment, provide for control of monopolies and

probation of monopolistic, restrictive and unfair trade practice, and

protect consumer interest. Monopolistic trade practice is that which

represents abuse of market power in the production and marketing

of goods and services by eliminating potential competitors from

market and taking advantages of the control over the market by

charging unreasonably high prices, preventing or reducing

competition ,limiting technical development, deteriorating product

quality or by adopting unfair or deceptive trade practices..…

MRTP act concept:

:Objectives of MRTPact,1969Before amendment in 1991:

Regulation of monopolies and

prevention of concentration of

economic power

Prohibit monopolies,

restrictive and unfair trade

practices.

After amendment in 1991:

Controlling monopolistic trade practices

Regulating restrictive and unfair trade practices

It means in order to maximize profit and to increase

market power, certain business firms unreasonably

charge high prices to prevent competition in the

production and distribution of goods by adopting unfair

trade practices.

It is a trade practice which represents the abuse of the

market .power by charging unreasonably high prices

Monopolistic trade practices:

1.Regulation of production and fixing the term of sale

2.Prohibiting any action that restricts competition,

3.Fixing standards for goods produced.

Regulation of MTPs:

A trade practice which restricts or reduces

competition may be termed as restrictive trade

practices and it harm the consumer interest.

Because of their adverse effect on the consumer

and public interest ,they are sought to be regulated

in almost every country of the world.

Restrictive trade practices:

1.The practice shall not be repeated

2.The agreement shall not be void and shall

stand modified in such a manner as may be

specified in the order

Regulation of RTPs:

Unfair trade practice means a trade practice

which ,for the purpose of promoting the sale,

use or supply of any goods or for the provision

of any service, adopts any .....unfair or

deceptive practice

Unfair trade practices:

.*the practice shall not be repeated.

.*any agreement relating to such an utp shall

be void or shall stand modified in such a

manner as may be directed by the commission.

Regulation of UTPs:

The MRTPs act, besides adversely

affecting economic growth, blunted

Indian companies’ ability to grow,

consolidate and improve

competitiveness.

This has had a very dampening

effect on their global

competitiveness .

On

MRTPs

act,19

69

Conclusion

INDIAN STANDARDS INSTITUTION [now known as BUREAU OF

INDIAN

STANDARDS( BIS)] set up on 6 JANUARY 1947

BIS is functioning under MINISTRY OF CONSUMER AFFAIRS, FOOD

AND PUBLIC DISTRIBUTION, GOVT OF INDIA as a statutory body

under BIS ACT, 1986 with effect from 1 APRIL 1987

NATIONAL STANDARDS BODY of INDIA

The bureau of Indian standard

.*Harmonious, development of standardization

and quality control in national and international

arena

.*Certification schemes for products and systems

.*Growth and development of Indian industry,

commerce and exports

.*Consumer protection

The bureau of Indian standard objectives :

An Act to provide for the establishment of a Bureau for the harmonious development of the

activities of standardization, marking and quality certification of goods and for matters connected

therewith or incidental thereto.

BE it enacted by Parliament in the Thirty-seventh year of the Republic of India as follows-:

Comment: The Act seeks to provide for the for the harmonious development of the activities of

standardization, marking and quality certification of goods and for matters connected therewith or

incidental thereto.

The bureau of Indian standard act,1969No.63 OF 1986[23rd December, 1986.]

1.Short title, extent and commencement.- (1) This Act may be called the Bureau of Indian

Standards Act, 1986.(2 )It extends to the whole India.

(3 )It shall come into force on such date{1-4-1987 ! vide Notification No.S.O.272(E), dated 31-3-

1987 ,Gazette of India, Extraordinary, 1987, Part II, section 3(ii)} as the Central Government may,by notification in the official Gazette, appoint.

2.definitions:

CHAPTER I-PRELIMINARY:

3.Establishment and incorporation of Bureau of Indian Standards.

4.Constitution of Executive Committee.

5.Constitution of the Advisory committees and other committees-.

6.Vacancies, etc., not to invalidate proceedings of Bureau Executive Committee, etc.- No act orproceedings of the Bureau the Executive Committee or any Committee constituted under section

5 shall be invalid merely by reason of-(a )any vacancy in, or any defect in the constitution of the Bureau or the

Committee; or(b )any defect in the appointment of a person acting as a member of the

Bureau or Committee; or(c )any irregularity in the procedure of the Bureau or the Committee not

affecting the merits of thecase.

CHAPTER II-THE BUREAU OF INDIAN :STANDARDS

7.Director General of the Bureau.- (1) The Central Government shall appoint a Director General

the Bureau.

)2 (The terms and conditions of service of the Director-General the Bureau shall be such as may

be prescribed.

)3 (Subject to the general superintendence and control of the Bureau, the Director-General of the

Bureau shall be Chief Executive Authority of the Bureau.

)4 (The Director-General of the Bureau shall exercise and discharge such of the powers and

duties of the Bureau as may be determined by regulations.

8.Officers and employees of the Bureau.- (1) The Bureau may appoint such other officers and

employees as it considers necessary for the efficient discharge of its functions under this Act.

)2 (The terms and conditions of service of officers and employees of the Bureau appointed under

sub-section (1) shall be as may be determined by reclamations.

CHAPTER II-THE BUREAU OF INDIAN .....standard cont

9.Transfer of assets, liabilities and employees of Indian Standards Institution.

(1 )On and from

the date of establishment of the Bureau,(2 )Notwithstanding anything contained in the Industrial

Disputes Act, 1947(14 of 1947) or in any

other law for the time being in force, the absorption of any employee by the Bureau in its regular

service under this section shall not entitle such employees to any compensation under that Act or

other law and so such claim be entertained by any court, tribunal or other authority.

CHAPTER III-TRANSFER OF ASSETS, LIABILITIES ETC., OF THE INDIAN STANDARDSINSTITUTION TO THE BUREAU

10.Functions of the Bureau-.

11.Prohibition of improper use of Standard Mark-.

12.Prohibition of use of certain names, etc-.

13.Prohibition of registration in certain cases-.

14.Compulsory use of Standard Mark for articles and processes to certain scheduled industries-.

If the Central Government, after consulting the Bureau, is of the opinion that it is necessary orexpedient so to do, in the public interest, it may, by order published in the Official Gazette-,

CHAPTER IV-POWERS AND FUNCTIONS OF THE BUREAU

15.Grant of license.- (1) The Bureau may, by order,

grant, renew, suspend or cancel a license in

such manner as may be determined by regulations.

(2 )The grant or renewal of the license under sub-

section (1) shall be subject to such conditions

and on payment of such fees as may be determined

by regulations.

CHAPTER V- License

16.Appeal.- (1) Any person aggrieved by an order made under section 15 may prefer an appeal

to the Central Government within such period as may be prescribed.

(2 )No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefore:

Provided that an appeal may be admitted after the expiry of the period prescribed therefore if the

appellant satisfies the Central Government that he had sufficient cause of for not preferring, the

appeal within the prescribed period.

(3 )Every appeal made under this section shall be made in such form and shall be accompanied

by a copy of the order appealed against and by such fees as may be prescribed.

(4 )The procedure for disposing of an appeal shall be such as may be prescribed:

Provided that

CHAPTER V-LICENCE cont.…

17.Grants and loans by the Central Government

18.Fund-.

19.Borrowing powers of the bureau-.20.Budget-.

21.Annual report-.22.Accounts and audit-.

23.Annual report to be laid before Parliament.- The Central Government shall cause the annualreport to be laid, as soon as may be after it is received, before each House of Parliament.

CHAPTER VI-FINANCE, ACCOUNTS AND AUDIT

24.Power of Central Government to issue directions-.

25.Inspecting officer.26.Power to search and seizure-.

27.Delegation28.Power to obtain information-.

29.Savings-.30.Certain matters to be kept confidential-.31.Members, officers and employees of the

Bureau to be public servants-.

CHAPTER VII-MISCELLANEOUS

32.Protection of action taken in good faith-.33.Penalty for improper use of Standard Mark,

etc-.34.Cognizance of offences by courts-.

35.Offences by companies-.36.Authentication or orders and other

instruments of the Bureau-.37.Power to make rules-.

38.Power to make regulations-.39.Rules and regulations to be laid before

Parliament-.

CHAPTER VII-MISCELLANEOUS

40.Act not to affect operation of certain Acts-.

41.Power to remove difficulties-.

42.Repeal and saving-.

CHAPTER VII-MISCELLANEOUS