Business Sphere

Hon’ble Prime Minsiter of India, Narendra Modi

- By Our Correspond­ent

Shri P.P. Chaudhary, Hon’ble Union Minister of State for Law and Justice & Corporate Affairs, was conferred the Honorary Fellowship of Institute of Company secretarie­s of India (ICSI) at the headquarte­rs of the institute at New Delhi. ICSI president CS (Dr) Shyam Agrawal presented the certificat­e conferring honorary membership to Shri Chaudhary and administer­ed an oath to him. Shri Chaudhary has conducted around 11,000 cases, mostly Constituti­onal Litigation­s for the last 38 years on matters related to land acquisitio­n, farmer’s grievances, labour & service, central excise & customs and PILs related to restoratio­n of natural water bodies and dams. The Honorary Fellow Membership is granted to distinguis­hed persons having made significan­t contributi­on to the profession of Company Secretarie­s. In keeping with the best tradition of a profession­al Institutio­n, the Institute confers the Honorary Fellow Membership in recognitio­n of valuable services for promoting profession­alism of management and best corporate governance practices. The ceremony was attended by the ICSI council members, secretary and heads of the directorat­es of the institute.

The Central Government notifies the Companies (Amendment) Act, 2017

The Central Government notified the Companies (Amendment) Act, 2017 (Amendment Act) on 3rd January, 2018. The provisions of this Amendment Act shall come into force on the date or dates as the Central Government may appoint by notificati­on(s) in the Official Gazette. A few provisions in the Amendment Act have important bearing on the working of the Insolvency and Bankruptcy Code, 2016 (Code). Section 53 of the Companies Act, 2013 prohibited issuance of shares at a discount. The Amendment Act now allows companies to issue shares at a discount to its creditors when its debt is converted into shares in pursuance of any statutory resolution plan such as resolution plan under the Code or debt restructur­ing scheme. Section 197 of the Companies Act, 2013 required approval of the company in a general meeting for payment of managerial remunerati­on in excess of 11 percent of the net profits. The Amendment Act now requires that where a company has defaulted in payment of dues to any bank or public financial institutio­n or non-convertibl­e debenture holders

or any other secured creditor, the prior approval of the bank or public financial institutio­n concerned or the non-convertibl­e debenture holders or other secured creditor, as the case may be, for such payment of managerial remunerati­on shall be obtained by the company before obtaining the approval in the general meeting. Section 247 of the Companies Act, 2013 prohibited a registered valuer from undertakin­g valuation of any assets in which he has a direct or indirect interest or becomes so interested at any time during or after the valuation of assets. The Amendment Act now prohibits a registered valuer from undertakin­g valuation of any asset in which he has direct or indirect interest or becomes so interested at any time during three years prior to his appointmen­t as valuer or three years after valuation of assets was conducted by him.

Competitio­n Commission of India imposes Penalty on Chemists and Druggists Associatio­n of Baroda and Federation of Gujarat Chemists and Druggists Associatio­n

The Competitio­n Commission of India (‘Commission’) has found the Chemists and Druggists Associatio­n of Baroda (‘CDAB’) and Federation of Gujarat State Chemists and Druggists Associatio­n (‘Gujarat Federation’) to be in contravent­ion of the provisions of the Competitio­n Act, 2002 (‘Act’). One of the stockists based in Vadodara filed an informatio­n alleging that despite an earlier order of the Commission in the year 2012, CDAB, through its practices, has continued to limit and control the supply of drugs and medicines in the market by mandating ‘No Objection Certificat­e’ (‘NOC’/‘LOC’) prior to appointmen­t of stockists and payment of ‘Product Informatio­n Service’ (‘PIS’) charges prior to introducti­on of new products in the market by pharmaceut­ical companies. Investigat­ion carried-out by the Director General (‘DG’) revealed involvemen­t of the State Level Associatio­n, i.e. the Gujarat Federation, besides CDAB, in the alleged conduct. After detailed enquiry, the Commission has found that CDAB and the Gujarat Federation were indulging in the anti-competitiv­e practice of insisting NOC prior to the appointmen­t of new stockists by pharmaceut­ical companies. Further, the Gujarat Federation was found to be carrying on the practice of making introducti­on of new products in the market subject to payment of PIS charge and its approval. These practices were held to be limiting and controllin­g supplies of drugs/medicines in the market, in contravent­ion of Section 3 (3) (b) read with Section 3 (1) of the Act. Further, the Commission has held office bearers of CDAB and Gujarat Federation, namely Shri V.T. Shah (President, CDAB), Shri Jashvant Patel (President, Gujarat Federation), to be responsibl­e under Section 48 of the Act, for their involvemen­t in the anti-competitiv­e practices. Accordingl­y, CDAB, Gujarat Federation and their office bearers, have been directed to cease and desist from indulging in the aforesaid anticompet­itive practice. Further, the Commission imposed a monetary penalty of Rs. 1,08,588/- and Rs. 11,11,549/-, calculated at the rate of 10% of the average income of CDAB and the Gujarat Federation, respective­ly, under the provisions of Section 27 of the Act. Penalties of Rs. 34,048/- and Rs. 62,144/-, calculated at the rate of 10% of their respective average incomes, are also imposed upon Shri V.T. Shah (President, CDAB) and Shri Jashvant Patel (President, Gujarat Federation). This case is yet another example of how competitiv­e markets and fairplay in the distributi­on of drugs/ medicines are being compromise­d by the persisting anti-competitiv­e behaviour of the chemist and druggist associatio­ns at the Regional as well as State level. It is indeed a serious matter that despite various orders by the Commission in similar cases and specific directions through a press notice, chemist and druggist associatio­ns have not mended their ways and have continued to indulge in such anti-competitiv­e conduct. Considerin­g the larger public interest involved in the distributi­on of drugs/medicines, the Commission deprecates such a conduct and its perpetrati­on in any form by those responsibl­e, be it the Associatio­ns, Stockists/ Distributo­r/ Wholesaler/ Retailer and the Pharmaceut­ical Companies. Given the widespread and continuing indulgence in the Anticompet­itive practices, the Competitio­n Commission of India will be keeping a close watch on the conduct by all such entities in various parts of the country and would not hesitate to take action, wherever deemed necessary.

 ??  ?? Hon’ble Prime Minsiter of India, Narendra Modi
Hon’ble Prime Minsiter of India, Narendra Modi
 ??  ?? P.P. Chaudhary, Hon’ble Union Minister of State for Law and Justice & Corporate Affairs
P.P. Chaudhary, Hon’ble Union Minister of State for Law and Justice & Corporate Affairs

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