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CONCEPT AND DEVELOPMENT OF INTELLECTUAL PROPERTY

LAW IN INDIA
The concept and development of Intellectual Property (IP) law in India have
evolved over time to align with international standards while considering the
country's unique socio-economic and cultural aspects. Here's an overview of the
key milestones and developments in India's IP law:

1. Colonial Period: During British rule, India adopted IP laws through legislation
like the Indian Patents and Designs Act of 1911 and the Copyright Act of 1914.
These laws were largely based on British models and focused on protecting British
interests.
2. Post-Independence Era (1947-1970s):
 India's IP laws underwent significant changes after gaining independence in
1947. The country aimed to strike a balance between protecting domestic
industries and promoting innovation.
 The Patent Act of 1970 was a landmark development. It replaced the 1911
Act and introduced the concept of "process patents" to encourage domestic
innovation by allowing inventions related to processes to be patented even if
the end product was already known.
 The Copyright Act of 1957 was enacted to consolidate and amend the law
relating to copyright in India. It granted protections to authors, composers,
and other creators, aligning with international copyright standards.
3. TRIPS Agreement and Globalization (1995 onwards):
 India's accession to the World Trade Organization (WTO) in 1995 required
it to adhere to the Trade-Related Aspects of Intellectual Property Rights
(TRIPS) Agreement. TRIPS set minimum standards for IP protection, which
led to further amendments in Indian IP laws to comply with these standards.
 The Patents (Amendment) Act of 2005 marked a significant shift in India's
patent regime. It reintroduced product patents for pharmaceuticals and
chemicals, aligning with TRIPS. However, it also included provisions to
prevent abuse of patent rights and ensure access to affordable medicines.
4. Modern Developments and Challenges (2000s-2020s):
 India's IP landscape has continued to evolve with advancements in
technology and increased global trade.
 The Copyright (Amendment) Act of 2012 brought changes to digital rights
management, broadcasting rights, and exceptions for disabled individuals.
 The IP laws have faced challenges related to patent disputes, trademark
infringements, and questions about the balance between protecting IP rights
and ensuring public access to essential goods and services.

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5. Initiatives to Promote Innovation and IP Awareness:

 The Indian government has taken various initiatives to promote innovation,
research, and IP awareness. These include establishing IP offices,
introducing expedited patent examination processes, and launching
programs to support startups and inventors.
6. Geographical Indications and Traditional Knowledge Protection:
 India has made efforts to protect its traditional knowledge and cultural
heritage. The Geographical Indications Act, 1999, aims to safeguard
products with unique regional characteristics, such as Darjeeling tea and
Kanchipuram silk sarees.
7. Digital Economy and E-commerce Challenges:
 With the rise of the digital economy and e-commerce, India has faced
challenges related to online copyright infringement, data privacy, and
counterfeiting.

India's IP law continues to evolve, reflecting the country's commitment to fostering

innovation, supporting domestic industries, and ensuring equitable access to
knowledge and resources. It navigates the delicate balance between providing
protection for intellectual property and promoting public welfare.
LAW AND PROCEDURE RELATING TO PATENTS
The law and procedure relating to patents govern the protection and enforcement
of inventions. A patent provides the inventor with the exclusive right to make, use,
sell, or license their invention for a certain period, typically 20 years from the
filing date. Below is an overview of the key aspects of patent law and the patent
application procedure:

1. Eligibility Criteria for Patents: To be eligible for a patent, an invention must

meet certain criteria:

 Novelty: The invention must be new and not previously disclosed to the public.
 Inventive Step: The invention should involve a non-obvious advancement over
existing technology.
 Industrial Applicability: The invention must have a practical use and be applicable
in an industry.

2. Patentable Subject Matter: Patents can be granted for various types of

inventions, including products, processes, methods, machines, and even certain
types of software and business methods, depending on the jurisdiction's laws.

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3. Patent Application Procedure: The process of obtaining a patent involves

several steps:

a. Filing an Application:

 The inventor or the applicant files a patent application with the relevant patent
office. The application includes a detailed description of the invention, along with
any necessary drawings and claims that define the scope of the invention.

b. Examination:

 The patent office examines the application to determine if it meets the patentability
criteria. This involves assessing the novelty, inventive step, and industrial
applicability of the invention.

c. Publication:

 In many jurisdictions, patent applications are published after a certain period,

usually 18 months from the filing date. This provides public notice of the
invention.

d. Opposition (Optional):

 Some jurisdictions allow third parties to oppose the grant of a patent during a
specific period after the application is published. They can challenge the patent's
validity by presenting arguments against its patentability.

e. Grant or Rejection:

 After examination, the patent office may grant the patent if the application meets
the patentability requirements. If the application is rejected, the applicant may
appeal or make amendments to address the examiner's concerns.

4. Rights and Responsibilities of Patent Holders: Once a patent is granted, the

patent holder has the exclusive right to use, make, sell, and license the invention
within the jurisdiction where the patent is granted. This allows the patent holder to
prevent others from using the patented technology without permission.

5. Enforcement and Infringement: If someone else uses, makes, sells, or imports

the patented invention without the patent holder's authorization, it constitutes

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patent infringement. The patent holder can take legal action against infringers to
protect their rights, which may involve filing a lawsuit for damages or seeking an
injunction to stop the infringing activities.

6. International Considerations: Patent protection is generally territorial,

meaning a patent granted in one country does not automatically provide protection
in another. However, international treaties like the Patent Cooperation Treaty
(PCT) and regional agreements like the European Patent Convention (EPC)
facilitate the process of seeking patent protection in multiple countries.

LAW AND PROCEDURE RELATING TO TRADEMARKS

The law and procedure relating to trademarks involve the legal protection of
distinctive symbols, names, and identifiers used to distinguish goods and services
in commerce. In India, the governing legislation is the Trade Marks Act, 1999,
along with the Trade Marks Rules, 2017. Here is an overview of the process and
key aspects related to trademarks in India:

1. Trademark Application:

 The process begins with filing a trademark application with the relevant authority,
which is the Office of the Controller General of Patents, Designs and Trademarks
(CGPDTM) in India.
 The application can be filed online or in person and should include information
about the applicant, the trademark, and the goods/services for which protection is
sought.

2. Examination:

 After filing, the application undergoes an examination by the Trademark Office.

The examination includes checking for conflicts with existing trademarks and
assessing the distinctiveness of the proposed trademark.
 If any issues or objections are raised, the applicant is notified, and they can
respond within the stipulated period.

3. Publication and Opposition:

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 If the trademark application clears the examination stage, it is published in the

Trademark Journal. This allows third parties to oppose the registration within a
prescribed period (usually 4 months).
 Opposition proceedings involve a legal process where the opponent presents
reasons why the trademark should not be registered, and the applicant has an
opportunity to respond.

4. Registration:

 If no oppositions are filed or if the opposition is unsuccessful, the trademark

application proceeds to registration.
 Once registered, the trademark owner gains exclusive rights to use the trademark in
connection with the specified goods/services. Registration is valid for 10 years and
can be renewed indefinitely.

5. Enforcement and Infringement:

 Trademark owners have the right to enforce their trademarks against unauthorized
use by others. This includes taking legal action against infringement,
counterfeiting, or passing off.
 Remedies for infringement include injunctions, damages, and orders for the
destruction of infringing goods.

6. Well-Known Trademarks:

 India recognizes well-known trademarks that have acquired a significant reputation

in India or globally, even if they are not registered locally. Such trademarks receive
additional protection against dilution and unfair use.

7. Renewal:

 Trademark registrations need to be renewed every 10 years. Failure to renew can

result in the loss of trademark rights.

8. Collective and Certification Marks:

 The Trade Marks Act also provides for the registration of collective marks and
certification marks. Collective marks indicate the common origin of goods/services
from members of an association, while certification marks signify that
goods/services meet certain standards.

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LAW AND PROCEDURE RELATING TO COPYRIGHT

Copyright is a legal concept that grants creators exclusive rights to their original
works of authorship. These rights include the right to reproduce, distribute,
perform, and display the work, as well as the right to create derivative works based
on the original. The law and procedures relating to copyright vary from country to
country, but I'll provide a general overview of the key aspects and procedures
typically associated with copyright protection:

1. Eligible Works: Copyright protection typically applies to various forms of

creative expression, including:

 Literary works (books, articles, poems)

 Artistic works (paintings, drawings, photographs)
 Musical compositions and sound recordings
 Dramatic works (plays, scripts)
 Architectural designs
 Computer software and databases

2. Creation and Ownership: Copyright protection is automatic upon the creation

of an original work in a fixed tangible medium (e.g., writing it down, recording it).
The creator is the initial owner of the copyright, unless the work is created as part
of employment or under a contract that transfers the rights to someone else.

3. Duration of Copyright Protection: The duration of copyright protection varies

depending on the type of work and the country's laws. In many jurisdictions, the
duration is the creator's lifetime plus a certain number of years after their death.
After the copyright term expires, the work enters the public domain and can be
freely used by anyone.

4. Rights of Copyright Holders: Copyright holders have several exclusive rights,

including:

 The right to reproduce the work

 The right to distribute copies of the work
 The right to perform or display the work publicly
 The right to create derivative works (adaptations, translations, etc.)

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5. Copyright Registration: In many countries, copyright protection is automatic

and does not require formal registration. However, some jurisdictions offer a
voluntary copyright registration system, which can provide additional legal
benefits, such as the ability to sue for statutory damages and attorney's fees in case
of infringement.

6. Infringement and Enforcement: Copyright infringement occurs when someone

violates the exclusive rights of the copyright holder without permission.
Enforcement of copyright involves legal action, typically through civil litigation.
Remedies for infringement can include monetary damages, injunctive relief (court
orders to stop the infringing activities), and sometimes criminal penalties for
willful and commercial-scale infringement.

7. Fair Use or Fair Dealing: Many jurisdictions provide exceptions to copyright

protection for certain uses of copyrighted material without permission, such as
criticism, commentary, news reporting, teaching, scholarship, and research. These
exceptions are often referred to as "fair use" (in the U.S.) or "fair dealing" (in some
other countries).

8. Digital Copyright Issues: The digital age has brought new challenges to
copyright, including issues related to online piracy, digital distribution, and
protection of digital rights management (DRM) technologies.

LAW AND PROCEDURE RELATING TO GEOGRAPHICAL

INDICATIONS

Geographical Indications (GIs) are a type of intellectual property right that

identifies a product as originating from a specific geographical location and
possessing certain qualities, characteristics, or reputation attributable to that
location. GIs not only protect the economic interests of producers but also help
preserve traditional knowledge and cultural heritage associated with specific
regions. Here's an overview of the law and procedure relating to Geographical
Indications, particularly in the context of India:

Law Relating to Geographical Indications in India:

In India, Geographical Indications are governed by the Geographical Indications of

Goods (Registration and Protection) Act, 1999, and its corresponding rules. The
Act provides legal protection to GIs by preventing unauthorized use of the GI on

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goods that do not originate from the designated region. The protection applies to
both agricultural and manufactured goods.

Procedure for Registration of Geographical Indications in India:

1. Application Filing: Any association of persons, producers, or any organization

representing the interests of the producers of the concerned goods can file an
application for GI registration. The application should include details about the
geographical area, the characteristics of the goods, and how they are linked to the
region.
2. Examination: The Geographical Indications Registry examines the application for
compliance with the Act and its rules. If the application meets the requirements, it
is accepted for further processing. If there are any deficiencies, the applicant is
given a chance to rectify them.
3. Publication and Opposition: Once accepted, the application is published in the
Geographical Indications Journal to allow third parties to raise objections.
Interested parties have a certain period to file objections based on grounds like lack
of distinctiveness or prior use.
4. Examination of Opposition: If objections are filed, the GI Registry examines
them and may conduct hearings if necessary. If no opposition is filed or if
opposition is overcome, the GI is registered.
5. Registration: Upon satisfaction of the requirements and resolution of any
opposition, the GI is registered in the Geographical Indications Register. The
registration grants the right to use the GI and prohibits others from using it in a
misleading manner.
6. Protection and Enforcement: Registered GIs are legally protected against
unauthorized use, imitation, or misrepresentation. The registered GI owner can
take legal action against any infringement.
7. Duration of Protection: The duration of GI protection varies from country to
country. In India, GIs are protected for a period of 10 years, which can be renewed
indefinitely.

Benefits of Geographical Indications:

1. Economic Benefits: GIs can enhance the market value of products and lead to
increased demand and premium pricing due to their unique qualities.
2. Preservation of Cultural Heritage: GIs help preserve traditional knowledge,
skills, and cultural practices associated with specific regions.

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3. Prevention of Imitation: GIs prevent unauthorized use of the geographical

indication, reducing the likelihood of counterfeit products.
4. Boost to Rural Economy: GIs often involve rural communities in production
processes, boosting local economies and livelihoods.
5. Consumer Protection: GIs assure consumers about the authenticity and quality of
products.

INTELLECTUAL NPROPERTY APPELLATE BOARD

The Intellectual Property Appellate Board (IPAB) was a quasi-judicial body in

India that handled appeals and disputes related to various intellectual property
rights, including patents, trademarks, copyrights, and geographical indications. It
was established under the provisions of the Trade Marks Act, 1999, but it also had
jurisdiction over other IP laws.

Functions and Jurisdiction:

1. Appeals: The primary function of the IPAB was to hear appeals against the
decisions of the Registrar of Trade Marks and the Controller of Patents, Designs,
and Geographical Indications. This provided a mechanism for parties dissatisfied
with decisions related to their intellectual property rights to seek redressal.
2. Dispute Resolution: Apart from appeals, the IPAB also had the authority to hear
and adjudicate disputes arising under various IP laws, including matters related to
patent revocations, trademark oppositions, copyright disputes, and geographical
indication-related issues.
3. Administrative Powers: The IPAB was vested with powers similar to those of a
civil court, including the authority to summon witnesses, require evidence, and
pass orders to enforce its decisions.
4. Cancellation of Registered Trademarks and Patents: The IPAB had the power
to cancel or revoke registered trademarks and patents based on certain grounds,
ensuring the accuracy and validity of registrations.

Composition and Structure:

The IPAB was composed of technical and legal members with expertise in various
fields of intellectual property, including patents, trademarks, and copyrights. The
chairperson was typically a retired judge of the Supreme Court of India or a retired
Chief Justice of a High Court. The board's members were appointed by the central

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government and were responsible for hearing and deciding cases based on their
expertise.

Concept of Competition in the Competition Act 2002:

The Competition Act, 2002, is an important piece of legislation in India that aims
to promote and maintain fair competition in the market, prevent anti-competitive
practices, and protect consumer interests. The Act seeks to ensure that markets
remain competitive, leading to better consumer choices, innovation, and efficient
allocation of resources.

1-ANTI COMPETITIVE AGREEMENT

An anti-competitive agreement refers to a type of agreement or arrangement

between businesses or entities that has the effect of reducing competition within a
market or distorting market dynamics. Such agreements are typically detrimental to
consumer welfare and hinder fair market competition. In many jurisdictions,
including India under the Competition Act, 2002, anti-competitive agreements are
considered illegal and subject to regulatory action.

Key characteristics of anti-competitive agreements include:

1. Collusion: Anti-competitive agreements often involve collusion, where competing

businesses cooperate instead of competing against each other. This collusion can
take various forms.
2. Objective to Harm Competition: The primary intent or outcome of an anti-
competitive agreement is to restrict, limit, or distort competition, rather than
benefiting consumers or enhancing market efficiency.
3. Market Impact: These agreements result in a significant adverse effect on
competition within a relevant market. This can include fixing prices, allocating
markets or customers, controlling supply or production, or rigging bids.
4. Types of Anti-Competitive Agreements:
 Price Fixing: Competitors agree to set a certain price for their products or
services, eliminating price competition.
 Market Sharing: Competitors divide markets or customers between
themselves, reducing consumer choices and limiting competition.
 Bid Rigging: Competitors coordinate their bids in public procurement
processes to eliminate competition and artificially inflate prices.

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 Output Limitation: Competitors agree to limit production or supply to

artificially raise prices.
 Joint Ventures for Price Manipulation: Competitors form joint ventures
to manipulate prices or hinder competition.
5. Consumer Harm: Anti-competitive agreements can lead to higher prices, reduced
product choices, lower quality, and decreased innovation, all of which harm
consumers' interests.
6. Legal Implications: In jurisdictions with competition laws, such agreements are
generally illegal and subject to penalties, fines, and regulatory actions. Authorities
may impose fines on companies engaging in anti-competitive practices and may
require them to cease such activities.

2-ABUSE OF DOMINANT POSITION

Abuse of dominant position refers to a situation where a business or entity with

substantial market power uses that power in a way that harms competition,
consumers, or other market participants. It involves actions taken by a dominant
player in a market to maintain or enhance its dominance by stifling competition or
exploiting its position to the detriment of others. This practice is typically
prohibited under competition laws to ensure fair and competitive markets.

Key characteristics and types of abuse of dominant position include:

1. Dominant Position: A business is considered to have a dominant position if it has

a significant share of the market that allows it to behave independently of
competitive forces. The precise criteria for determining dominance may vary based
on jurisdiction.
2. Types of Abuse:
 Predatory Pricing: The dominant firm prices its products or services below
cost with the intent to drive competitors out of the market and then raises
prices after eliminating competition.
 Excessive Pricing: The dominant firm charges excessively high prices for
its products or services, taking advantage of its market power to exploit
consumers.
 Refusal to Deal: The dominant firm refuses to supply products or services
to certain customers or competitors to hinder their ability to compete
effectively.

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 Tying and Bundling: The dominant firm forces customers to purchase one
product if they want another, leveraging its dominance in one market to gain
an advantage in another.
 Discriminatory Pricing or Conditions: The dominant firm applies
different prices or terms to similar transactions, disadvantaging competitors
or customers.
 Unfair Trading Conditions: The dominant firm imposes unfair or
unreasonable terms on trading partners, making it difficult for them to
compete.
 Exclusive Dealing: The dominant firm requires customers to exclusively
buy from or deal with them, excluding competitors from the market.
3. Market Impact: Abuse of dominant position results in a significant negative
impact on competition, which can lead to reduced consumer choices, higher prices,
and hindered innovation.
4. Legal Implications: Many jurisdictions have laws that prohibit abuse of dominant
position. In India, the Competition Act, 2002, addresses abuse of dominance under
Section 4. The Competition Commission of India (CCI) is responsible for
investigating cases of abuse of dominant position and taking appropriate action to
protect competition and consumer interests.
5. Balancing Act: Not all conduct by dominant firms is considered abusive. Some
actions might be pro-competitive or based on legitimate business justifications.
The assessment often involves considering the effects on competition, consumer
welfare, and overall market dynamics.
6. Remedies: If abuse of dominant position is established, competition authorities
can impose remedies such as fines, cease-and-desist orders, or corrective actions to
restore fair competition in the market.

3-COMBINATION

In the context of competition law, a "combination" refers to mergers, acquisitions,

amalgamations, or other transactions that result in a change of control over a
business or part of a business. These transactions can potentially impact
competition in the market, and thus, many jurisdictions, including India, regulate
such combinations to ensure that they do not harm fair competition and consumer
interests. In India, the regulation of combinations is governed by the Competition
Act, 2002.

Key Aspects of Combinations under the Competition Act, 2002:

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1. Mandatory Notification: Under the Act, certain combinations meeting specified

thresholds must be mandatorily notified to the Competition Commission of India
(CCI) for approval before they are implemented. These thresholds relate to the
combined assets and turnover of the parties involved.
2. Suspension of Transaction: Once a combination is notified to the CCI, there is a
waiting period during which the transaction cannot be implemented until the CCI
gives its approval or issues directions.
3. Review Process: The CCI examines notified combinations to assess whether they
are likely to cause an appreciable adverse effect on competition in India. The focus
is on whether the combination could lead to a significant reduction in competition,
harm consumers, or restrict market access.
4. Factors Considered: The CCI considers factors such as the market share of the
parties, the concentration level in the relevant market, entry barriers, and potential
impact on competition and consumer welfare.
5. Approval or Disapproval: After reviewing the combination, the CCI can approve
it if it does not pose significant competition concerns. If the CCI believes that the
combination could harm competition, it can disapprove the combination or approve
it with modifications to address the competition concerns.
6. Remedies and Conditions: In cases where the CCI identifies potential
competition concerns, it can impose certain remedies or conditions on the parties to
mitigate those concerns. These can include divestitures, licensing, or behavioral
restrictions.
7. Leniency Provisions: The Act provides leniency provisions that allow parties to a
combination to seek lenient treatment if they cooperate with the CCI by providing
information on anti-competitive aspects of the combination.
8. Post-Approval Monitoring: Even after approval, the CCI can monitor the
implementation of the combination to ensure that any remedies or conditions are
adhered to.

4-REGULATION OF COMBINATION

The regulation of combinations refers to the legal framework and processes

established by competition authorities to oversee and control mergers, acquisitions,
amalgamations, or other transactions that may result in a change of control over
businesses. The goal of such regulation is to prevent combinations that could harm
competition, consumers, or market dynamics, while allowing those that promote
economic efficiency and consumer welfare. Here's how the regulation of
combinations generally works:

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1. Legal Framework:

 Many jurisdictions have competition laws that include provisions related to

combinations. These laws define thresholds for mandatory notification of
combinations to the competition authority, based on factors like the combined
assets or turnover of the parties involved.

2. Mandatory Notification:

 In cases where a combination meets or exceeds the specified thresholds, the parties
involved are required to notify the competition authority before proceeding with
the transaction.

3. Review Process:

 Once notified, the competition authority evaluates the combination to determine

whether it is likely to result in an appreciable adverse effect on competition in the
relevant market.

4. Competition Assessment:

 The competition authority examines various factors to assess the impact of the
combination on competition, including market concentration, market shares of the
parties, potential for entry by new competitors, and impact on consumer choice and
prices.

5. Approval or Disapproval:

 Based on the competition assessment, the competition authority may:

 Approve the combination without any conditions if it does not raise
competition concerns.
 Approve the combination with certain conditions (remedies) to address
potential anti-competitive effects.
 Disapprove the combination if it is likely to substantially lessen competition.

6. Conditions and Remedies:

 If the competition authority identifies concerns, it can impose conditions or

remedies to address those concerns. These might include divestitures, licensing
agreements, or behavioral commitments by the parties.

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7. Timelines and Waiting Periods:

 Many jurisdictions have specific timelines within which the competition authority
must complete its review. During this review period, the parties may be prohibited
from implementing the combination.

8. Appeals and Legal Recourse:

 Parties aggrieved by the decision of the competition authority may have the right to
appeal to a higher authority or a court, depending on the jurisdiction's legal
framework.

9. Enforcement and Monitoring:

 After approval, the competition authority may monitor the implementation of

conditions or remedies to ensure compliance.

5-COMPETITION COMMISSION OF INDIA

The Competition Commission of India (CCI) is the regulatory authority

responsible for enforcing competition laws and promoting fair competition in the
Indian marketplace. It was established under the Competition Act, 2002, and is
mandated to ensure that competition is not hindered or distorted, which ultimately
benefits consumers, businesses, and the overall economy. Here are the key aspects
of the Competition Commission of India:

Role and Functions:

1. Promoting Competition: The primary role of the CCI is to promote and sustain
fair competition in the market. It works to prevent practices that could limit
competition, distort markets, or harm consumer interests.
2. Enforcement of Competition Laws: The CCI enforces the provisions of the
Competition Act, 2002. It investigates anti-competitive behavior, reviews
combinations, and takes action against practices that may adversely affect
competition.
3. Investigations: The CCI can initiate investigations into anti-competitive
agreements, abuse of dominant position, and combinations that meet specified
thresholds. It has the power to gather information, summon witnesses, and
undertake detailed inquiries.

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4. Review of Combinations: The CCI reviews combinations (mergers, acquisitions,

etc.) to assess their potential impact on competition. It approves combinations that
do not raise competition concerns or approves them with remedies if concerns are
identified.
5. Imposing Penalties and Remedies: If the CCI finds evidence of anti-competitive
behavior, it can impose penalties on the guilty parties. It can also impose remedies
or conditions on parties involved in combinations to mitigate potential anti-
competitive effects.
6. Advocacy and Education: The CCI engages in advocacy efforts to raise
awareness about competition law and its benefits. It conducts workshops, seminars,
and campaigns to educate businesses, consumers, and stakeholders about
competition principles.
7. Leniency Program: The CCI provides a leniency program that encourages
businesses to self-report anti-competitive conduct. In exchange for cooperation and
information, businesses may receive reduced penalties.

Structure:

The CCI is structured with the following key components:

1. Chairperson and Members: The CCI consists of a Chairperson and six Members.
These members are experienced in areas like economics, law, business, and public
administration.
2. Bench System: The CCI operates with multiple benches, each responsible for
handling specific cases and issues. This allows for efficient handling of cases and
inquiries.
3. Support Staff: The CCI is supported by a team of professionals, including
economists, lawyers, and experts in various fields, who assist in investigations and
case analysis.

Importance:

The Competition Commission of India plays a crucial role in ensuring that markets
operate in a competitive and fair manner. By preventing anti-competitive practices
and promoting competition, the CCI contributes to a level playing field for
businesses, encourages innovation, safeguards consumer interests, and supports the
growth of a healthy and vibrant economy.

COMPLIANCE OF COMPETITION LAW

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Compliance with competition law is essential for businesses to operate in a fair and
competitive manner while adhering to legal requirements. Violating competition
law can lead to severe penalties, reputation damage, and legal consequences. Here
are some key aspects of ensuring compliance with competition law:

1. Understand Applicable Laws:

 Familiarize yourself with the competition laws and regulations that apply in your
jurisdiction. These laws may include provisions related to anti-competitive
agreements, abuse of dominant position, and regulation of combinations.

2. Educate Employees:

 Ensure that employees, especially those involved in marketing, sales, and

procurement, are aware of competition law principles and the potential
consequences of violating these laws.

3. Review Business Practices:

 Regularly assess your business practices to identify any practices that might raise
concerns under competition law. This could include reviewing contracts, pricing
strategies, distribution agreements, and more.

4. Avoid Anti-Competitive Agreements:

 Do not engage in agreements with competitors that restrict competition, fix prices,
allocate markets, or rig bids. These practices are generally prohibited under
competition law.

5. Respect Dominance Rules:

 If your business has significant market power, ensure that you do not abuse that
power by engaging in practices that stifle competition, harm consumers, or exclude
competitors.

6. Notify Combinations:

 If your business is involved in mergers, acquisitions, or other combinations that

meet legal thresholds, ensure that you notify the competition authority and comply
with the waiting periods and requirements.

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7. Seek Legal Advice:

 Consider seeking legal counsel from experts well-versed in competition law to

assess your business practices and ensure compliance.

8. Establish Compliance Programs:

 Develop and implement comprehensive competition law compliance programs

within your organization. These programs can include training, policies, and
reporting mechanisms to detect and address potential violations.

9. Monitor and Review:

 Regularly monitor your business practices and review compliance procedures to

adapt to changes in the competitive landscape or regulatory environment.

10. Leniency Programs:

 Some jurisdictions offer leniency programs that provide reduced penalties for
companies that self-report anti-competitive behavior. If applicable, consider using
these programs to rectify any violations.

11. Due Diligence:

 If you are acquiring another business, conduct thorough due diligence to ensure
that the acquired business's practices do not violate competition laws.

12. Cultural Awareness:

 Foster a culture of compliance within your organization, emphasizing the

importance of ethical business practices and competition law adherence.

CONSUMER PROTECTION ACT 1986

The Consumer Protection Act, 1986, was a significant piece of legislation in India
aimed at protecting the rights and interests of consumers. It provided a legal
framework for addressing consumer grievances, ensuring fair trade practices, and
holding businesses accountable for providing quality products and services. The
Act has since been replaced by the Consumer Protection Act, 2019, but it had a
lasting impact on consumer rights in India. Here are the key features of the
Consumer Protection Act, 1986:

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Objectives:

1. Protection of Consumer Rights: The primary objective was to protect the rights
of consumers and provide them with effective mechanisms to seek redressal for
unfair trade practices and substandard goods and services.
2. Prevention of Unfair Trade Practices: The Act aimed to prevent deceptive
advertising, false labeling, and other unfair practices that could mislead consumers.

Consumer Rights:

1. Right to Safety: Consumers have the right to be protected against products and
services that are hazardous to their health and safety.
2. Right to Information: Consumers have the right to receive accurate and
transparent information about products and services, including their quality, price,
ingredients, and potential risks.
3. Right to Choose: Consumers have the right to choose from a variety of products
and services at competitive prices.
4. Right to be Heard: Consumers have the right to express their opinions and
concerns about products and services, and their interests should be taken into
consideration.
5. Right to Redressal: Consumers have the right to seek compensation or redressal
for faulty products or deficient services.
6. Right to Consumer Education: Consumers have the right to be educated about
their rights and responsibilities to make informed decisions.

Consumer Dispute Redressal:

1. Consumer Disputes Redressal Commissions: The Act establishes Consumer

Disputes Redressal Commissions at the district, state, and national levels to address
consumer grievances.
2. Jurisdiction: Consumers can file complaints related to unfair trade practices,
defective products, and deficient services before the appropriate commission based
on the value of the claim.
3. Fast-Track Redressal: The Act introduces the concept of mediation, simplifies
procedures, and aims for quick disposal of cases to ensure timely redressal.

Unfair Trade Practices and Misleading Advertisements:

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1. Unfair Trade Practices: The Act prohibits practices such as false representation,
misleading advertisements, and offering goods or services that are hazardous to life
and safety.
2. Misleading Advertisements: Advertisements must not contain false or misleading
information, and they should not exaggerate product qualities or services.

Product Liability:

1. Product Liability: Manufacturers, sellers, and service providers are liable for any
harm caused due to defects in their products or services.
2. Compensation: Consumers can seek compensation for injuries or damages caused
by defective products or deficient services.

E-Commerce and Digital Transactions:

1. E-Commerce Regulation: The Act covers online transactions and e-commerce

platforms, holding them accountable for issues related to products, services, and
misleading advertisements.
2. Data Protection: Consumer data protection and privacy are also addressed,
especially in the context of digital transactions.

Consumer Awareness and Education:

1. Consumer Protection Councils: The Act establishes Central Consumer

Protection Authority (CCPA) and State Consumer Protection Authorities to
promote and protect consumer rights.
2. Awareness Programs: These authorities are responsible for promoting consumer
awareness and education through various campaigns and initiatives.

RIGHT TO INFORMATION ACT 2005

The Right to Information Act, 2005, is an important legislation in India that grants
citizens the right to access information held by public authorities and government
bodies. The Act aims to promote transparency, accountability, and participation in
governance by empowering individuals to obtain information about government
decisions, actions, and policies. Here are the key features of the Right to
Information Act, 2005:

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Objectives:

1. Transparency: The Act seeks to enhance transparency in the functioning of

government departments and agencies.
2. Accountability: It aims to hold government bodies accountable for their actions
and decisions by providing citizens with access to relevant information.
3. Participation: The Act encourages citizens to actively participate in governance
and public affairs by providing them with the means to obtain information.

Salient Features:

1. Scope of Information: The Act covers all government departments, ministries,

public sector undertakings, and other public authorities.
2. Information Access: Citizens have the right to request information held by public
authorities and receive it within a specified time frame.
3. Public Authorities: The Act designates various government bodies as "public
authorities," subject to its provisions. This includes government departments,
ministries, commissions, local authorities, etc.
4. Request and Fees: Citizens can make formal requests for information in writing,
specifying the details of the information they are seeking. There is a nominal
application fee to make such requests.
5. Time Limits: The Act sets specific time limits for responding to information
requests. In most cases, the information should be provided within 30 days of
receiving the request.
6. Exemptions: While the Act promotes transparency, certain categories of
information are exempted from disclosure to protect sensitive matters, such as
national security, commercial interests, and personal privacy.
7. Appeals and Review: If a citizen's request is denied or they are not satisfied with
the response, they can file an appeal with a higher authority within the public
authority or the designated appellate authority.
8. Central and State Information Commissions: The Act establishes Central
Information Commission at the central level and State Information Commissions at
the state level to oversee and enforce the provisions of the Act.

Impact: The Right to Information Act, 2005, has had a significant impact on
promoting transparency in governance and empowering citizens to hold public
authorities accountable. It has helped in exposing corruption, improving
government services, and enabling informed decision-making by citizens.

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The Act plays a pivotal role in ensuring that government activities are conducted in
a more open and accountable manner, fostering a culture of citizen engagement
and good governance.
OBLIGATION OF PUBLIC AUTHORITIES
Under the Right to Information (RTI) Act, 2005, public authorities in India have
specific obligations to ensure transparency and provide access to information to
citizens. These obligations are aimed at promoting openness, accountability, and
citizen empowerment. Here are the key obligations of public authorities under the
RTI Act:

1. Appointment of Public Information Officers (PIOs):

 Public authorities are required to designate Public Information Officers (PIOs) who
act as the main point of contact for receiving RTI applications and facilitating the
disclosure of requested information.

2. Providing Information:

 Public authorities must proactively disclose certain categories of information

through their official websites or other means. This includes information related to
their functions, policies, decisions, and more.

3. Responding to RTI Requests:

 Public authorities are obligated to respond to RTI requests from citizens within the
specified time frame, which is generally 30 days from the date of receiving the
request.

4. Providing Information:

 Public authorities must provide the requested information to the applicant in the
format they prefer, whether in print, electronic form, or other accessible formats.

5. Reason for Denial:

 If information is denied to an applicant, the public authority must provide reasons

for the denial, citing the relevant section of the RTI Act that justifies the denial.

6. Fees and Costs:

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 Public authorities can charge a fee for providing the requested information, but this
fee should be reasonable and not a barrier to accessing information. The fee
structure is defined by the government.

7. Assistance to Applicants:

 Public authorities are required to assist applicants in framing their requests if

needed, to ensure that the requested information is clear and specific.

8. Designating PIOs and Appellate Authorities:

 Public authorities must designate Appellate Authorities to handle appeals filed by

citizens in case of dissatisfaction with the PIO's response or lack thereof.

9. Record Maintenance:

 Public authorities are responsible for maintaining records and documents

systematically and in a manner that facilitates their right to information
obligations.

10. Timely Disclosure:

 Public authorities must ensure that information is disclosed in a timely manner, and
any delay in providing information beyond the stipulated time frame should be
explained to the applicant.

11. Training and Awareness:

 Public authorities should conduct training and awareness programs for their staff
members, including PIOs, to ensure they are well-informed about their obligations
under the RTI Act.

Public authorities play a pivotal role in ensuring that the principles of transparency,
accountability, and citizen engagement are upheld through the effective
implementation of the RTI Act. By adhering to their obligations, public authorities
contribute to promoting good governance and empowering citizens with the right
to access information held by government bodies.
REQUEST IN RTI

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In the context of the Right to Information (RTI) Act, a "request" refers to the
formal application submitted by an individual (referred to as the "applicant") to a
public authority seeking specific information that is held by the public authority.
Making a request under the RTI Act allows individuals to access government-
related information and promotes transparency and accountability in governance.
Here's how the process of making a request in RTI typically works:

1. Identify the Information You Need:

 Before submitting an RTI request, clearly identify the information you are seeking.
Be specific about the documents, records, or details you want to access.

2. Find the Relevant Public Authority:

 Determine the public authority that is likely to hold the information you are
seeking. Different departments or bodies might be responsible for different types
of information.

3. Write the RTI Application:

 Prepare a written RTI application addressed to the designated Public Information

Officer (PIO) of the relevant public authority. Your application should be concise,
clear, and to the point. It should include:
 Your name and contact details (address, email, and phone number).
 A clear and specific description of the information you are seeking.
 The format in which you want the information (e.g., printed, electronic).
 The details of the payment of the prescribed application fee (if applicable).

4. Submit the Application:

 Submit your RTI application to the PIO of the public authority. You can usually do
this through various methods, such as in person, by post, or online (if the public
authority offers an online application portal).

5. Paying the Application Fee:

 Some RTI applications require the payment of a nominal application fee. The fee
structure varies based on the state and central government rules. Payment can often
be made through various methods, including online modes.

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6. Track and Follow Up:

 Once you have submitted the application, you may receive an acknowledgment
from the public authority. Keep track of the reference number or acknowledgment
for future reference. If you don't receive a response within the stipulated time, you
can follow up with the public authority.

7. Receiving the Information:

 If your request is approved, the public authority will provide you with the
requested information within the prescribed time frame. The information can be
provided in the format you requested.

8. Appeal Mechanism:

 If you are dissatisfied with the response or if your request is denied, you have the
right to file an appeal with the designated Appellate Authority within the public
authority or with the relevant Information Commission.

EXEMPTION FROM DISCLOSURE OF INFORMATION

Under the Right to Information (RTI) Act, 2005, while the primary objective is to
promote transparency and accountability, certain categories of information are
exempt from disclosure to ensure the protection of various interests, including
national security, personal privacy, and commercial confidentiality. These
exemptions are intended to strike a balance between transparency and safeguarding
legitimate concerns. Here are the key categories of exemptions from disclosure of
information under the RTI Act:

1. National Security:

 Information that could harm national security, defense, or sovereignty may be

exempted from disclosure. This includes sensitive defense strategies, plans, and
intelligence-related information.

2. Relations with Foreign States:

 Information that could harm international relations, diplomacy, or negotiations

with other countries may be exempted from disclosure.

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3. Public Order:

 Information that could potentially lead to public disorder or disturbances might be

exempted to maintain law and order.

4. Internal Deliberations and Decisions:

 Information that pertains to the decision-making process, opinions, and advice

given to government officials might be exempted.

5. Trade Secrets and Commercial Confidence:

 Information that is considered trade secrets or confidential business information,

the disclosure of which could harm commercial interests, might be exempted.

6. Personal Privacy:

 Information that invades an individual's personal privacy, such as medical records,

personal correspondence, and details not in the public interest, might be exempted.

7. Cabinet Papers and Records:

 Information related to Cabinet discussions, decisions, and related documents might

be exempted to maintain the confidentiality of government deliberations.

8. Law Enforcement and Investigation:

 Information that could interfere with ongoing investigations, legal proceedings, or

the enforcement of law might be exempted.

9. Intellectual Property:

 Information that involves intellectual property rights, including patents, copyrights,

and trademarks, might be exempted.

10. Third-Party Information:

 Information provided by third parties in confidence might be exempted if its

disclosure could harm the interests of the third party.

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11. Fiduciary Relationships:

 Information subject to fiduciary relationships, such as attorney-client privilege or

doctor-patient confidentiality, might be exempted.

It's important to note that while these exemptions exist, there is a presumption in
favor of disclosure, and public authorities have the responsibility to justify any
denial of information under these exemptions. The Act also encourages a process
of severability, meaning that if some parts of the information can be disclosed
without harm, they should be provided while keeping exempt portions confidential.

If an applicant is dissatisfied with the denial of information based on these

exemptions, they have the right to appeal to the relevant Appellate Authority or
Information Commission.

GROUNDS FOR DISCLOSER OF INFORMATION GROUNDS FOR

REJECTION TO ACCESS IN CERTAIN CASES

Under the Right to Information (RTI) Act, 2005, there are grounds for disclosure
of information, as well as grounds for rejection of access to certain information.
The Act aims to strike a balance between promoting transparency and protecting
various legitimate interests. Here are the key grounds for disclosure of information
and grounds for rejection to access in certain cases:

Grounds for Disclosure of Information:

1. Public Interest:
 Information that is in the public interest, such as decisions, policies, and
actions of public authorities, should generally be disclosed to promote
transparency and accountability.
2. Promotion of Accountability:
 Information that aids in holding public authorities accountable for their
actions, decisions, and use of public funds should be disclosed.
3. Transparency in Government Functioning:
 Information that reveals the functioning of government bodies, decision-
making processes, and administration should be disclosed to maintain
transparency.
4. Protection of Fundamental Rights:

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 Information that ensures the protection of citizens' fundamental rights and

entitlements, such as welfare schemes and benefits, should be disclosed.
5. Encouraging Citizen Participation:
 Information that empowers citizens to actively participate in governance,
public affairs, and decision-making should be disclosed.
6. Prevention of Corruption:
 Information that exposes corruption, unethical practices, and misuse of
public resources should be disclosed to prevent wrongdoing.

Grounds for Rejection to Access in Certain Cases:

1. National Security:
 Information that could compromise national security, defense, or
sovereignty might be rejected due to potential harm.
2. Personal Privacy:
 Information that invades an individual's personal privacy, such as medical
records and personal correspondence, might be rejected to protect personal
rights.
3. Commercial Confidence and Trade Secrets:
 Information that involves confidential business information or trade secrets
might be rejected to protect commercial interests.
4. Law Enforcement and Investigation:
 Information related to ongoing investigations, legal proceedings, or
enforcement of law might be rejected to avoid interference.
5. Internal Deliberations:
 Information that pertains to the internal deliberations and decision-making
processes of public authorities might be rejected to safeguard the decision-
making process.
6. Cabinet Papers and Records:
 Information related to Cabinet discussions, decisions, and documents might
be rejected to maintain the confidentiality of government deliberations.
7. Third-Party Information:
 Information provided by third parties in confidence might be rejected if its
disclosure could harm the interests of the third party.
8. Intellectual Property:
 Information involving intellectual property rights, such as patents,
copyrights, and trademarks, might be rejected to protect those rights.

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CENTRAL INFORMATION COMMISSION

The Central Information Commission (CIC) is an independent body established
under the Right to Information (RTI) Act, 2005, in India. The primary role of the
CIC is to ensure transparency, accountability, and the effective implementation of
the RTI Act at the central level. It is responsible for addressing appeals and
complaints related to access to information and promoting the principles of
openness and accountability in government functioning.

Key Functions and Responsibilities of the Central Information Commission:

1. Appeals and Complaints: The CIC receives and adjudicates appeals and
complaints filed by individuals who are dissatisfied with the response received
from public authorities or who believe that their right to access information has
been violated.
2. Hearing Appeals: The CIC hears and decides on appeals against decisions made
by Public Information Officers (PIOs) and Appellate Authorities of various public
authorities regarding the disclosure of information.
3. Adjudication: The CIC has the authority to adjudicate disputes related to access to
information, including those arising from exemptions or rejections made by public
authorities.
4. Enforcement: The CIC ensures the implementation of its orders and decisions by
directing public authorities to disclose the requested information if found to be in
the public interest.
5. Promotion of RTI Principles: The CIC works to promote transparency,
accountability, and citizen engagement by raising awareness about the RTI Act and
its provisions.
6. Guidelines and Recommendations: The CIC issues guidelines,
recommendations, and advisory opinions to public authorities and government
departments to ensure compliance with the RTI Act.
7. Research and Reports: The CIC conducts research, compiles reports, and
generates data related to the implementation of the RTI Act, which helps in
evaluating its impact and identifying areas of improvement.
8. Public Hearings: The CIC may conduct public hearings or interactions to discuss
issues related to access to information and to receive feedback from stakeholders.

Composition of the Central Information Commission:

The CIC consists of a Chief Information Commissioner (CIC) and a maximum of

ten Information Commissioners (ICs). They are appointed by the President of India

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based on recommendations from a committee comprising the Prime Minister, the

Leader of the Opposition in the Lok Sabha (or the leader of the single largest
opposition party), and a Union Cabinet Minister nominated by the Prime Minister.

Importance:

The Central Information Commission plays a crucial role in upholding the

principles of transparency and accountability in governance by ensuring that the
RTI Act is effectively implemented. It serves as an appellate authority for citizens
to seek remedies if their right to information is denied or not properly addressed by
public authorities. The CIC's decisions contribute to fostering a culture of openness
and responsiveness in government functioning.

Constitution of the Central Information Commission:

1. Chief Information Commissioner (CIC):

 The CIC is the head of the Central Information Commission. The Chief
Information Commissioner is appointed by the President of India and holds
the position for a term of five years or until the age of 65, whichever is
earlier.
2. Information Commissioners (ICs):
 The Central Information Commission can have a maximum of ten
Information Commissioners, including the Chief Information Commissioner.
Information Commissioners are also appointed by the President of India and
hold office for a term of five years or until the age of 65, whichever is
earlier.
TERMS OF OFFICE

In the Central Information Commission (CIC) of India, the terms of office for the
Chief Information Commissioner (CIC) and Information Commissioners (ICs) are
outlined in the Right to Information (Term of Office, Salaries, Allowances, and
Other Terms and Conditions of Service of Chief Information Commissioner,
Information Commissioners in the Central Information Commission) Rules, 2019.
These rules provide the framework for the appointment and terms of office for the
CIC and ICs. Here are the details:

Chief Information Commissioner (CIC): The Chief Information Commissioner

is appointed by the President of India based on the recommendations of a
committee consisting of:

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1. The Prime Minister (who is the Chairperson of the committee).

2. The Leader of the Opposition in the Lok Sabha.
3. A Union Cabinet Minister nominated by the Prime Minister.

The term of office for the Chief Information Commissioner is:

 A term of five years from the date of assuming office, or

 Until the Chief Information Commissioner attains the age of 65 years, whichever is
earlier.

Information Commissioners (ICs): Information Commissioners in the Central

Information Commission are also appointed by the President of India based on the
recommendations of a committee similar to the one mentioned above for the
appointment of the CIC.

The term of office for Information Commissioners is:

 A term of five years from the date of assuming office, or

 Until the Information Commissioner attains the age of 65 years, whichever is
earlier.

Reappointment of Chief Information Commissioner and Information

Commissioners: The rules also specify that the Chief Information Commissioner
and Information Commissioners are not eligible for reappointment to the same
post.

Resignation and Removal: The Chief Information Commissioner and Information

Commissioners can resign by submitting their resignation to the President of India.
They can also be removed by the President on the grounds of proved misbehavior
or incapacity, following an inquiry by the Supreme Court.

CONDITIONS APPEAL AND PENALTIES

In the context of the Central Information Commission (CIC) and the Right to
Information (RTI) Act, 2005, there are provisions related to filing appeals,
penalties for non-compliance, and other conditions. These provisions are designed
to ensure the effective functioning of the RTI Act and promote transparency and
accountability. Here are the key points regarding appeals, penalties, and other
conditions:

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1. Appeal Process:

 If an individual is not satisfied with the response or lack of response from a Public
Information Officer (PIO) or public authority regarding their RTI request, they
have the right to file an appeal with the relevant Appellate Authority within the
public authority.

2. First Appeal:

 The first appeal is submitted to the officer senior to the PIO within the same public
authority. This officer is designated as the First Appellate Authority. The appeal
must be submitted within 30 days from the date of receipt of the PIO's response or
within 30 days from the date the response was expected.

3. Second Appeal to the Central Information Commission:

 If the individual is not satisfied with the decision of the First Appellate Authority
or if they do not receive a response within the stipulated time, they can file a
second appeal with the Central Information Commission (CIC) within 90 days
from the date of the First Appellate Authority's decision or the date the response
was due.

4. Penalties for Non-Compliance:

 If a PIO or public authority fails to provide information within the specified time
or provides false, incomplete, or misleading information, penalties can be imposed
by the CIC. The CIC has the authority to impose a penalty of up to Rs. 25,000 on
the PIO for each violation.

5. Complaints and Penalties:

 Individuals can also file complaints directly with the CIC against non-compliance
with the provisions of the RTI Act. The CIC has the power to impose penalties on
public authorities for failure to implement the provisions of the Act.

6. Adjudication and Orders:

 The CIC has the authority to hear appeals, complaints, and disputes related to the
RTI Act. It can issue orders for the release of information, provide directions for
compliance, and impose penalties if necessary.

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7. Representation of Parties:

 Parties involved in an appeal or complaint before the CIC can represent themselves
or appoint legal representatives. They can also make oral or written submissions.

8. Enforcement of Orders:

 The orders of the CIC are legally binding. Public authorities are required to comply
with the orders within the specified time frame.
EXIM POLICY
On march 31st 2002 government announced a new exim policy, sharply export
oriented rather than import liberalizing. The policy withdrew most of the earlier
export restriction and provide several incentives for newly created Special Export
Zones (SEZ).
OBJECTIVES
Gvernment control import of non essential items through the exim policy. At the
same time all out efforts are made to promote exports. The import policy which is
concerned with regulations and management, and the export policy concerned with
the exports not only promotion but also regulations.
1- To accelerate the economy from low level of economic activities to high
level of economic activity.
2- To stimulate sustained economic growth by providing access to essential
raw materials, intermediares, consumables, components etc..
3- To generate new employment, opportunities and encourage the attainment of
internationally accepted standards of quality.
4- To enhance the technological strength and efficiency of Indian sectors.
5- To provide quality consumer products at reasonable price.
GOVERNING BODY OF EXIM POLICY
The government of india notifies the exim policy for a period of 5 years
(1997-2002). Under sec-5 of the foreign trade development and regulation act
1992. The current export import policy covers the period 2002-2007 and is updated
every year on the 31st march. All type of changes or modifications related to exim
policy is normally announced by the union minister of commerce and industry.
FEATURES
1- Liberalization
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It has substantially eliminated licensing, quantitative restrictions and other

regulatory’s. all goods, except those coming under negative list may be
freely imported or exported.
2- Imports Liberalization
Of 542 items from the restricted list 150 items have been transferred to
Special Import License (SIL) list and remaining 392 items have been
transferred to Open General License(OGL) list.
3- EPCG(Export Promotion Capital Goods) scheme has been reduced from
15% to 10%.

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