Section 12 – MONOPOLIES AND RESTRICTIVE TRADE PRACTICES RULES,1970

12. The procedure to be followed in furnishing particulars of agreement

In respect of every agreement 5[registrable under sub-section (1) of section 33] of the Act,-

(i) there shall be delivered or sent to the 6[Director General] within the period specified in sub-section (2) 7[or, as the case may be, sub-section (3)], of section 35 of the Act,-

(a) 8[two] copies of each documents specified, in relation to that agreement, 7[or as the case may be, of any variation or determination thereof], in clause (iii) of this rule, one copy of each of which is signed or identified by the signature of the person furnishing it, and therewith,

(b) a certificate in 9[Form XII] signed by the person furnishing such copies and certifying that there are comprised in those copies the whole of the terms of that agreement 7[or of any variation or determination thereof] and the names of the persons who are parties to it (including in the case of an agreement made by a trade association, all persons who are members of the association or are represented thereon by such members);

(ii) 10[where any person is a party to numerous agreements which are in the same form except for one or more of the following, namely:-

(1) the identity of another party thereto;

(2) the date of duration thereof;

(3) the area or market allotted or the rate of quantum of commission or discount or rebate payable or the period for which credit is allowed or the amount of security to be deposited and the rate of interest, if any, payable thereon or the minimum quota of goods required to be disposed of over a specified period, to or by any party thereto;

(4) the products which are the subject-matter of such agreements, he may instead of complying with clause (i) of  this rule in respect of each of those agreements individually, deliver or send to the 6[Director General] within the period specified in sub-section (2) of section 35 of the Act-]

(a) 16[two] copies of each document specified in clause (iii) of this rule, setting out the whole of the terms common to all agreements, one copy of each of which is signed or identified by the signature of the person furnishing it, and therewith;   

(b) 10[two] copies of lists indicating, respectively, the name and address of each person who is a party to all those agreements and 10[the particulars as specified in clauses (1) to (4) in respect of each such agreement]; and

(c) a certificate in 9[Form XII] signed by the person furnishing those copies and certifying that there are comprised in those copies the whole of the terms of those agreements and the names of all the persons who are parties to them at the date of the certificate (including, in the case of an agreement made by a trade association, all persons who are members of the association or are represented thereon by such members);

(iii) (a) in so far as the terms of any agreement are comprised in one or more instruments in writing, each of those instruments (including, in relation to an agreement in which a term is implied by virtue of Explanation II of section 35 of the Act, and specific recommendation to which such term applied) is a document of which copies are required to be delivered or sent to the 16[Director General]:

PROVIDED that if one or more of those instruments vary another or others of them, the copies of the instruments so varied may indicate and incorporate those variations;

11[(b) in so far as the terms of an agreement are not comprised in one or more instruments in writing, a memorandum in writing, setting out the whole of the terms of the agreement and the names of persons who are parties to it (including in the case of an agreement made by a trade association, all persons who are members of the association or are represented thereo
n by such members,) shall be delivered or sent to the 6[Director General];

(c) in so far as an agreement, after it has been registered, is varied at any time (whether in respect of persons who are parties to it or in respect of the terms thereof) or is determined (otherwise than by efflux of time), then-

(i) if the variation or determination is comprised in one or more instruments in writing, each of these instruments

(ii) if the variation or determination is not comprised in one or more instruments in writing, a memorandum in writing setting out the whole of the terms of variation or, as the case may be, indicating the determination;

shall be delivered or sent to the 6[Director General].

Main Index

Rules and Regulations of India

MyNation

Leave a Comment

Your email address will not be published. Required fields are marked *