(a) "agreement " includes any arrangement or understanding, whether or not it is intended that such agreement shall be enforceable (apart from any provision of this Act) by legal proceedings;

(b) "Commission " means the Monopolies and Restrictive Trade Practices Commission established under section 5;

(c) [ "Director-General " means the Director-General of Investigation and Registration appointed under section 8, and includes any Additional, Joint, Deputy or Assistant Director-General of Investigation and Registration appointed under that section];

(d) [ "dominant undertaking " means-] [[Substituted by Act 30 of 1982, Section 2, for certain words (w.e.f. 18.8.1982).

(iii) [ an undertaking which, by itself or alongwith inter-connected undertakings, produces, supplies, distributes or otherwise controls not less than one-fourth of the total goods that are produced, supplied or distributed in India or any substantial part thereof; or] [Substituted by Act 58 of 1991, Section 2, for sub-Clause (iii) (w.r.e.f. 27.9.1991). ]

(iv) [ an undertaking which provides or otherwise controls not less than one-fourth of any services that are rendered in India or any substantial part thereof.] [[Substituted by Act 30 of 1982, Section 2, for certain words (w.e.f. 18.8.1982).

(i) the average annual production of the goods, or the average annual value of the services provided, by the undertaking during the relevant period; and

(ii) the figures published by such authority as the Central Government may, by notification, specify, with regard to the total production of such goods made, or the total value of such services provided, in India or any substantial part thereof during the relevant period.]

(i) the total goods ][* * *] [The words " of any description " and " of that description " omitted by Act 58 of 1991, Section 2 (w.r.e.f. 27.9.1991). ] [that are produced in India by that undertaking; or [Inserted by Act 60 of 1980, Section 2 (w.r.e.f. 13.10.1980). ]

(ii) the total goods ][* * *] [The words " of any description " and " of that description " omitted by Act 58 of 1991, Section 2 (w.r.e.f. 27.9.1991). ] [that are produced, supplied or distributed in India or any substantial part thereof; [Inserted by Act 60 of 1980, Section 2 (w.r.e.f. 13.10.1980). ]

(i) a public financial institution specified in or under section 4-A of the Companies Act, 1956 (1 of 1956);

(ii) a State Financial, Industrial or Investment Corporation;

(iii) the State Bank of India or a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);

(iv) a nationalised bank, that is to say, a corresponding new bank as defined in section 2 of-

(i) the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970); or

(ii) the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);

(v) the General Insurance Corporation of India established in pursuance of the provisions of section 9 of the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972);

(vi) the Industrial Reconstruction Corporation of India; or

(vii) any other institution which the Central Government may, by notification, specify in this behalf];

(e) [ "goods " means goods as defined in the Sale of Goods Act, 1930 (3 of 1930), and includes,-

(i) products manufactured, processed or mined in India;]

(ii) [ shares and stocks including issue of shares before allotment] [ Substituted by Act 58 of 1991, Section 2, for sub-Clause (ii) (w.r.e.f. 27.9.1991).];

(iii) [ in relation to goods supplied, distributed or controlled in India, goods imported into India;] [Substituted by Act 30 of 1984, Section 3, for Clause (e) (w.e.f. 1.8.1984). ]

(ef) [ "group " means a group of- [Inserted by Act 30 of 1984, Section 3 (w.e.f. 1.8.1984). ]

(i) two or more individuals, associations of individuals, firms, trusts, trustees or bodies corporate (excluding financial institutions), or any combination thereof, which exercises, or is established to be in a position to exercise, control, directly or indirectly, over any body corporate, firm or trust; or

(ii) associated persons.

(I) a group of persons who are able, directly or indirectly, to control the policy of a body corporate, firm or trust, without having a controlling interest in that body corporate, firm or trust, shall also be deemed to be in a position to exercise control over it;

(II) "Associated persons "-

(a) in relation to a director of a body corporate, means-

(i) a relative of such director, and includes a firm in which such director or his relative is a partner;

(ii) any trust of which any such director or his relative is a trustee;

(iii) any company of which such director, whether independently or together with his relatives, constitutes one-fourth of its Board of Directors;

(iv) any other body corporate, at any general meeting of which not less than one-fourth of the total number of directors of such other body corporate are appointed or controlled by the director of the first mentioned body corporate or his relative, whether acting singly or jointly;

(b) in relation to the partner of a firm, means a relative of such partner and includes any other partner of such firm; and

(c) in relation to the trustee of a trust, means any other trustee of such trust;

(III) where any person is an associated person in relation to another, the latter shall also be deemed to be an associated person in relation to the former;

(f) "India " means, for the purposes of this Act, the territories to which this Act extends;]

(g) "inter-connected undertakings " means two or more undertakings which are inter-connected with each other in any of the following manner, namely:-

(a) if one body corporate manages the other body corporate, or

(b) if one body corporate is a subsidiary of the other body corporate, or

(c) if the bodies corporate are under the same management, or

(d) if one body corporate exercises control over the other body corporate in any other manner];

(a) hold, directly or indirectly, not less than fifty per cent of the shares, whether preference or equity, of the body corporate, or

(b) exercise control, directly or indirectly, whether as [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Director " (w.e.f. 1.8.1984).] or otherwise, over the body corporate,

(v) if one is owned by a body corporate and other is owned by a firm having bodies corporate as its partners, if such bodies corporate are under the same management [* * * *] [ The words " within the meaning of the said Section 370" omitted by Act 41 of 1974, Section 43 (w.e.f. 1.2.1975).],

(i) if one such body corporate exercises control over the other or both are under the control of the same group or any of the constituents of the same group; or

(ii) if the managing director or manager of one such body corporate is the managing director or manager of the other; or

(iii) if one such body corporate holds not less than [one-fourth] [ Substituted by Act 30 of 1984, Section 3, for " one-third " (w.e.f. 1.8.1984).] of the equity shares in the other or controls the composition of not less than [one-fourth] [ Substituted by Act 30 of 1984, Section 3, for " one-third " (w.e.f. 1.8.1984).] of the total membership of the Board of Directors of the other; or

(iv) if one or more directors of one such body corporate constitute, or at any time within a period of six months immediately preceding the day when the question arises as to [whether such bodies corporate are under the same management, constituted (whether independently or together with relatives of such directors or the employees of the first mentioned body corporate) one-fourth of the directors of the other; or] [ Substituted by Act 30 of 1984, Section 3, for certain words (w.e.f. 1.8.1984).]

(v) if the same individual or individuals belonging to a group, while holding (whether by themselves or together with their relatives) not less than [one-fourth] [ Substituted by Act 30 of 1984, Section 3, for " one-third " (w.e.f. 1.8.1984).]of the equity shares in one such body corporate also hold (whether by themselves or together with their relatives) not less than [one-fourth] [ Substituted by Act 30 of 1984, Section 3, for " one-third " (w.e.f. 1.8.1984).] of the equity shares in the other; or

(vi) if the [same body corporate or bodies corporate belonging to a group, holding, whether independently or alongwith its or their subsidiary or subsidiaries, not less than one-fourth of the equity shares] [Substituted by Act 30 of 1984, Section 3, for certain words (w.e.f. 1.8.1984). ] in one body corporate, also hold not less than [one-fourth] [ Substituted by Act 30 of 1984, Section 3, for " one-third " (w.e.f. 1.8.1984).] of the equity shares in the other; or

(vii) if not less than [one-fourth] [ Substituted by Act 30 of 1984, Section 3, for " one-third " (w.e.f. 1.8.1984).] of the total voting power [in relation to] [ Substituted by Act 30 of 1984, Section 3, for " with respect to any matter relating to " (w.e.f. 1.8.1984).] each of the two bodies corporate is exercised or controlled by the same individual (whether independently or together with his relatives) or the same body corporate (whether independently or together with its subsidiaries); or

(viii) if not less than [one-fourth] [ Substituted by Act 30 of 1984, Section 3, for " one-third " (w.e.f. 1.8.1984).] of the total voting power [in relation to] [[ Substituted by Act 30 of 1984, Section 3, for " one-third " (w.e.f.

1.8.1984 ).]] each of the two bodies corporate is exercised or controlled by the same individuals belonging to a group or by the same bodies corporate belonging to a group, or jointly by such individual or individuals and one or more of such bodies corporate; or

(ix) if the directors of the one such body corporate are accustomed to act in accordance with the directions or instructions of one or more of the directors of the other, or if the directors of both the bodies corporate are accustomed to act in accordance with the directions or instructions of an individual, whether belonging to a group or not.

(h) "member " means a member of the Commission;

(i) "monopolistic trade practice " means a trade practice which has, or is likely to have, the effect of-

(a) the cost of production of any goods; or

(b) charges for the provision, or maintenance, of any services;

(v) increasing unreasonably,-

(a) the prices at which goods are, or may be, sold or resold, or the charges at which the services are, or may be, provided; or

(b) the profits which are, or may be, derived by the production, supply or distribution (including the sale or purchase) of any goods or by the provision of any services;

(j) [ "notification " means a notification published in the Official Gazette;

(k) "prescribed " means prescribed by rules made under this Act;

(l) "price ", in relation to the sale of any goods or to the performance of any services, includes every valuable consideration, whether direct or indirect, and includes any consideration which in effect relates to the sale of any goods or to the performance of any services although ostensibly relating to any other matter or thing;

(m) "register " means the register kept by the [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar " (w.e.f. 1.8.1984).] under section 36;

(n) [ "registered consumers' association " means a voluntary association of persons registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force which is formed for the purpose of protecting the interests of consumers generally and is recognised by the Central Government as such association on an application made in this behalf in such form and such manner as may be prescribed] [ Inserted by Act 74 of 1986, Section 2 (w.e.f. 1.6.1987). Clause (n) was omitted by Act 30 of 1984, Section 3 (w.e.f. 1.8.1984).];

(o) "restrictive trade practice " means a trade practice which has, or may have, the effect of preventing, distorting or restricting competition in any manner and in particular,-

(p) "retailer," in relation to the sale of any goods, includes every person, other than a wholesaler, who sells the goods to any other person, and in respect of the sale of goods by a wholesaler, to any person for any purpose other than re-sale, includes that wholesaler;

(r) "service " means service [* * *] [ The words " of any description " omitted by Act 58 of 1991, Section 2 (w.r.e.f. 27.9.1991).] which is made available to potential users and includes the provision of facilities in connection with [banking, financing, insurance ] [Substituted by Act 30 of 1984, Section 3, for " banking, insurance, transport " (w.e.f. 1.8.1984). ][chit fund, real estate,] [ Inserted by Act 58 of 1991, Section 2 (w.r.e.f. 27.9.1991).][transport, processing] [Substituted by Act 30 of 1984, Section 3, for " banking, insurance, transport " (w.e.f. 1.8.1984). ], supply of electrical or other energy, board or lodging or both, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.

(s) "trade " means any trade, business, industry, profession or occupation relating to the production, supply, distribution or control of goods and includes the provision of any services;

(t) "trade association " means a body of persons (whether incorporated or not) which is formed for the purpose of furthering the trade interests of its members or of persons represented by its members;

(u) "trade practice " means any practice relating to the carrying on of any trade, and includes-

(a) "article " includes a new article and "service " includes a new service;

(b) "unit " or "division ", in relation to an undertaking includes,-

(x) "wholesaler ", in relation to the sale of any goods, means a person who [sells the goods, either in bulk or in large quantities, to any person for the purposes of resale, whether in bulk or in the same or smaller quantities] [ Substituted by Act 30 of 1984, Section 3, for " sells the goods to any person for the purpose of resale " (w.e.f. 1.8.1984).];

(y) words and expressions used but not defined in this Act and defined in the Companies Act, 1956 (1 of 1956), have the meanings respectively assigned to them in that Act.

(a) two or more individuals, trustees, associations of individuals, firms or bodies corporate or any combination thereof, constitute, or fall within, a group, or

(b) two or more undertakings are inter-connected undertakings within the meaning of this Act, or

(c) two or more bodies corporate are under the same management, the Central Government or where the Board of Company Law Administration, constituted under section 10-E of the Companies Act, 1956 (1 of 1956) is, by notification, authorised so to do by the Central Government, that Board, shall decide such question, after giving to the persons concerned a reasonable opportunity of being heard.]