 lc k 5lliha ccrri r;end~·'to the ml:~lp0lifs pj1d restr tct::: '·ie t?,,,d;: - p~cnces (!'~jeio-·enr) rill, 198c (lo p~!:'~_j-j1tr~!:l~c~2 __ ~ __ l()k_ s a~hcl) page 3, line 9 from bo ttom,-~!ter "increasing" jnsert-"import prices of crude oil dnd oil products and the fact that the proposed" new delhi; ~,jo vembe r 20, 1980· }(artika 29, 1902 {saka;  bill no 192 of 1980 the monopolies and restrictive trade practices (amendment) bill, 19'80a bill further to amend the monop()lie~ and restrictive trade practices actj 1969 br-; ;~ enactc'd by p'lrliament i~l the thirty- first yt~ar of the uep-jblic of india as follows:--1 (1) this act may be called the monopolies and restrictive trade practices (amendment) act, 1980 5 (2) it shall be deemed to have come into force on the 13th day of october, 1980 sltort title and commence-mento 2 in section 2 of the monopolies and restrictive trade practices act, 54 of 1969 1969 (hereinafter referred to as the principal act) ,-amendment of section 2 (i) in clause (d), after explanation vi, the following explanation shall be inserted, namely:-10 "explanat-ion vii-where goods of any description produced in india by an undertaking have been exported to a country outside india, then the goods so exported shall not be taken into account in computing for the purposes of this clause-15 (i) the total good~ of that description that are produced in india by that undertaking: or (ii) the total goods of that descrfptfon that are produced, supplied or distributed in india or any substantial part thereofj"; '~\, '(ii) in clause (;), after explanation iv, the following explanation shall be inserted, namely:-"e;t:planation v-whcre goods of any description produced in india by an undertaking have been exported to a country outside india, then the goods so exported shall not be taken 5 into acco'unt in computing for the purposes of this clause-(i) the total goods of that description that are produced in india by that undertaking; or (ii) the total goods of that description that are produced, supplied or distributed in india or any substantial 10 part thereof;" 3 (1) the monopolies and restrictive trade practices (amendment) ordinance, 1980 is hereby repealed 14 of 1980 repeal and saving (2) notwithstanding such rep~al, anything done or any action taken under the principal act, as amended by the said ordinance, shan be 15 deemed to have been dene or taken under the principal act, as amended by this act one of the problems being faced by the industry in boosting production for export arises from the concept of 'dominance' and the approvals required by 'dominant' undertakings under the monopolies and restrictive trade practices act, 1969 any undertaking whi'ch produces onethird or more of any goods that are produced in india and bas assets of more than one crore of rupees is deemed to be 'dominant' in the said goods any scheme of expansion of production capacity by such an undertaking requfres the undertaking to seek clearance under the act and follow the procedure laid down for this purpose even where an undertaking exports a substantial volume of its production and even where the undertaking seeks to expand its production solely for purposes of export, it still requires clearance under the act for which the procedures laid down delay the implementation of the project 2 in actual fact, however, what has to be prevented is dominance or monopoly only in relation to goods made available within the country the original intent of the act was to reduce monopolistic and restrictive trade practfce9 within the country; and, to that extent, the portion of the production exported does not become relevant for the domestic consumer it is sienificant that for determining dominance in the matter of supplies, imports are added however, exports are not deducted, even though exported products do not affect supplies in the domestic market 3 with a view, therefore, to make explicit the original intent of ths act, it was decided to amend the act to provide that the goods produced by an undertaking and exported to a country outside india shall not be taken into account in computing the total goods of that description pro- duced in india by that undertaking, or the total goods of that description produced, supplied or distributed within the country, for the purpose of determining the dominance of that undertaking in relation to such goods having regard to the urgent need to step 'up our export earnings, to meet the balance of payments deficit likely to arise from increasing amendment would not alter the position in regard to the only matter of relevance, the monopolies and restrictive trade practices (amendment) ordinance, 1980 (14 of 198'\) was promulgated by the president on the 13th october, 1980, to give effect to the above object ,t the bill seeks to replace the aforesaid ordinance p shiv shanker new delhi; the 14th november, 1980  (54· of 19(9)- ~ - - - 2 in this act, unless the context otherwise requires,-definitions - - - - - (d) "dominant undertaking" means an undertaking which either by itseli or along with inter-connected undertakings,-(i) pro:hll es, supplies, dls tributes or otherwlse controls not less than one-third of the total goods of any description tbat are produced, supplied or distributed in india or any substantial part thereof, or (u) provides or otherwise controls not less than one-third of any services that al'e rendered in india or any subatantial part thereof: provided that for the purposes of this clause, the goods produced by an undertaking which does not employ-(a) more than fifty workers on any day of the relevant year, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on, or (b) more than one hundred workers on any day of the relevant year, and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on, shall not be taken into account explanation i-where not less than one-third of the production, supply, distribution or control of any goods or the provision or control of any service is ::hared by inter-connected undertakings, each such undertaking shall be  deemed, for the purposes of this act, to be a dominant undertaking explanation ii-where any goods of any description are the subject of different forms of production, supply, distribution or control, every reference in this act to such goods shall be construed as reference to any of those forms of production, supply, distribution or control, whether taken separately or together or in such groups as may be prescribed explanation lii-any undertaking which, either by itself or along with interconnected undertakings, produces, supplies, distributes or controls one-third of any goods or provides or controls one-third of any services acccrding to any of the following criteria, namely, value, cost, price, quantity or capacity, of the goods or services or the number of workers employed for the production, supply, distribution or contrnl of such goods or for the rendering of such services, shall be deemed to be a dominant undertaking explanation iv-in determining the question as to whether an undertaking is or is not a dominant undertaking, regard shall be had to-(i) the lowest production made, or services rendered, by the undertaking concerned cl'uring the relevant year, and (ii) the figures publi~hed by the central government with regard to the total production made or services rendered in india or any substantial part thereof during the relevant year explanation v-for the purposes of explanation iv, production indudes supply, distribution 0'" control of goods e:rplanation vi-for the purposes of this clause, "relevant year" means anyone year out of the three calendar years immediately preceding the preceding calen1ar year in which the question· whether an undertaking is or is not a dominant undertaking is determined       (j) "monopolistic undertaking" means-(i) a dominant undertaking which, or (ii) an undertaking wl-oich, together with not more than two other independent undertakings,-(a) produces, supplies, distributes or otherwise controls not less than one-halt of the total goods of any description that are produced, supplied or distributed in india or any substantial part thereof, or (b) provides or otherwise controls not less than one-half of the services that arc rendered in india or any substantial part thereof: provided that for the purposes of this clause, the goods produced by an undertaking which does not employ-(a) more than fifty workers on any day of the relevant year, and in any part of which a manufacturing process ls being carried on with the aid of power or is ordinarily so carried on, or (b) more than one hundred workers on any day of the relevant year, and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on, shall not be taken into account explanation i-any undertaking which, either by itself or along with not more than two other independent undertakings, produce, supplies, distributes or controls one-half of any goods or provides or controls one-half of any services according to anyone of the following criteria, namely, value, cost, price, quantity or capacity, of the goods or services or the number of workers employed for the production, su:?ply, distribution or control of such goods or for the rendering of such services, shail be deemed to be a monopolistic undertaking explanation n-in determining the question as to whether an undertaking is or is not a monopolistic undertaking, regard shall be had to-(i) the lowest production made, or services rendered by the undertaking concerned dur;ng the relevant year, and (ii) the figures published by the central government with regard to the total production made or services rendered in india or any substantial part thereof during the relevant year exf·lanation ill-for the purposes of explanation ii, production includes supply, distribution nr control of goods explanation iv-for the purposes of this clause, "relevant year" means anyone year out of the three calendar years immediately preceding the preceding calend:u year in which the question whether an undertaking is or is not a monopolistic undertaking is determined  - - - - -  -i a bill{urther to amend the monopolies at'd restrictive trade practices act, 1969 (shri shiv shankar, mini~ter of law, justice and company affairs) 