 biu no 9« of 1988 l-ji mijuih tire m onqf»0|i^ and pi^tmptive trade practices (a lt^n d m en t) 6 iu > , a b iu further to amend the monopolies and restrictive trade practices act, 1969be it enacted by parliam ent in the thirty-ninth year of the republic of india as follows:—1 this act may be called the monopolies and restrj^c^iye trade short practices (amendment) act, 19885  2 in section 22a of the monopolies and restrictive trade practices amend-54of 1969 act, 1969 (hereinafter referred to as the principal a ct), in sub-section mentof(1), after clause (a), the following clause shall be inserted, nam ely:— section22a"(aa) which is based totally on technology developed in india;"10 3 in section 67 of the principal act, after sub-section (2), the follow- amend­ing sub-section shall be inserted, nam ely;— mentof" (2a) any rule made under clause (c) of sub-section (2) in relation to the conditions of service of the members of the com­ mission m ay be m ade retrospectively from a date not earlier than j 5 the 1st day of january, 1986, so, however, that such rule shall not prejudicially affect the interests of any such m em ber"section 22a of the m onopolies and r estrictive t rade p ractices act, 1969, em pow ers th e c entral g overnm ent to direct, by notification, th a t all or any of the provisions of section 21 relating to substantial expansion of undertakings or section 22 relatin g  to establishm ent of new  undertakings shall not apply to certain categories of proposals specified therein it is proposed to am end section 22a so as to em pow er th e c entral g overnm ent also to issue such a direction in  relation to proposals based totally on indigenously developed technology this w ill be a liberalisation m easure for the utilisation of technology, deve­loped in the public or private sector or in national laboratories, for com m ercial purposes2 section 67 of th e act is proposed to be am ended to em pow er th e c entral g overnm ent to m ake rules in relation to the conditions of service of the m em bers of the m onopolies and r estrictive t rade p ractices commission retrospectively to a date not earlier than 1st january^ 1986 this is intended to elim inate certain adm inistrative diffi­culties in giving effect to the decision of th e c entral g overnm ent to revise th e  scales of pay and allow ances of the c hairm an and m em bers of the commission, w ith retrospective effect in  th e light of th e revision of th e scales of pay of c entral g overnm ent officers consequent upon th e recom m endations of the f o u rth  p«y commission3, the bill seeks to achieve th e above objectsn ew ih gja;the n th  august, 1988 j  vengala rao financial memorandum to the monopolies and restric­ tive trade practices (amendment) bill 1988,clause 3 of the bill seeks to amend section 67 of the act to empower the central government to make rules in relation to the conditions of service of the membes of the monopolies and restrictive trade practices commission retrospectively to a date not earlier than the 1st day of january 1986 it is proposed to revise the scales of pay and allowances of the chairman and members of the commission from the 1st day of january 1986 in the light of the revision of scales of pay of central government officers consequent upon the recommend rations of the fourth pay commission the monopolies and restrictive trade practi ces commission (conditions of service of chairman and members) rules/ 1970 were amended on 1-11988 to revise the said scales of pay from 111988/ as no retrospective effect could be given in the absence of such power now the scales of pay of the chairman and members of the commi­ssion will be revised from 111986 so as to give the benefit of such revised scales for the period fi^^ 11198^ to 31121987 the additional expenditure for mftie said period on pay and allowances of members is ietimated at rs 90,750/-the bill/ if enacted, will not involve any other ex­penditure of a recurring or non-recurring nature(j vbngala rao)v<t)| ruc|)( v ff^  3tg7tw ^  1 1 - 1 1 h;'' "sj9btt i 988 ^i ^ t f f h r  sti mh        w ^               3 t lw m  ^  tfttt 67 w  plvfhj^                                    ^ 1 ^¥ cii ht)         ?twrt ^,w rfw rr rryr sr^rtw w nrrf^ "sqgbtt arnit^ ^ ?tsrqt' ^  ^                        ^                                         if wmefl" fq- ?r ^                                                           fn y h j                                          c\i                 , 1986 ^                                                ^                                                                                   % im  mrgtf 1l7qt^    ?i% i                    t o                         3 f r q t ^  ^                                        i w                                              i t w  % q t w r t f g ^                                                                                       ? r m t^ 3tfll^n"frqf ^ t o r m f  if 1 w  w                                                   ^  ^                                                                                                                        3-rnfht ^arl-q!?- 3? ^  ffcrnfr %                                            31^ m rff wt i                                                                                    l 986 ^ cprtsj^                                                                                               vo^      w jffrm  ¥  1 w rftm r mrr                                                                     w rc rrf^  ■eqgfnr arnf^ri2^^^^(^              -flcfe^y clf^ ^                                ^                                       5 -fwt, 1970 wr 1-1-1988 ^ 3 ^  to t t r  w cfrit^ ^                              ^ 1 ^  1-1-1988 ^                                                                    "fw  w                                                                               2tt,               \ow flw  ^           ttf^ ^ 3r-rr^ ^ ^                                            ^                                               ■&m" w h w  «m                              cn3tw 3rnrhft % 3^^:^ 31^                                   ^ to rr rr i-i-i 986 ^ qttfhw fw^3tt^ frrfti i-l-1986 ^ 31-12-1987 rt^ ^                                                        ^  tr fw rt                                                          noto rrp t f wr qrqsr ■ftm ^                                          i «cff^f ^ t o  aftr »tffif wr j w  arai^ % 1rt¥ 3rfcrfvfct 'scnr 90,750                                          r r w t ^  iw                                                         w                                                             % 1 if, irfe m- srfirfw ftct fw r  w r  fit, 3r r ^  ^rr\  3rtg?ff 9 ft^  ^irr ^ 3t^ ■sqit 3l'c1'cj"pn'r1 1clause 2 of the bill seeks to insert a new clause in sub-secticm (1) of section 22a to empower the central governm ent also to issue a direction th at all or any of the provisions of section 21 relating to substantial expansion of undertakings or section 22 relating to establishm ent of new im dertakings shall not apply in relation to proposals based totally on indigenously developed technology2 clause 3 of the bill seeks to insert a new sub-section (2a) in section 67 of the monopolies and restrictive trade practices act, 1969, to em pcw er the c entral governm ent to make rules' w ith retrospective effect in relation to the conditions of service of members of 4^he mono­ polies and restrictive trade practices commission so as to revise their salary and allowances w ith effect from 1-1-1986 which has become neces­sary after the decision of the governm ent on the recommendations of the f ourth pay commission3 in  the circum stances m entioned above, the delegation of legisla­tive pow er is of a norm al character annejcyri)e kiract the m onqpolhes ahd restrictive trade p ractipps a ct, 1869(54 of 196?)power to 22a (1) t he c entral g overnm ent m ay, by notification, direct th a t exempt sut)ject to such ^ 4  conditions as m ay he sp ec if!^  in  the i^pfificgtion all pr any of prqvisipns of section 21 or section 22 shall not apply to s« y  proposal— a billfu rth er to am end the monopolies and r estrictive trade practices act,1969{shri j vengala rao, minister of industry)