Reply: Para 181 of the Secretariat Report and the related table III.23 does not appear to refer to the services sector. The intent of the question is not clear
Reply: Para 181 of the Secretariat Report and the related table III.23 does not appear to refer to the services sector. The intent of the question is not clear.
75. Under what circumstances and conditions do analysis of anticompetitive agreements or abuse of dominant position outside India that cause or may cause significant adverse effects on competition in India progress? How are such investigations conducted? What might be the effects if there is a positive finding? (Page 117, paragraph 199)
Reply: Section 32 of the Competition Act, 2002 provides for power of Competition Commission of India to inquire into anticompetitive agreements or abuse of dominant position outside India that cause or may cause significant adverse effect on competition in India. The procedure followed is in accordance with section 19 and 26 of the Act. Thus, there is no special procedure provided for these cases. Such investigations are conducted according to the procedure prescribed in section 19 and 26 of the Act. In case of positive findings, the Commission may pass an order under section 27 and 28 of the Act.
76. Is it possible to access the different rules applied by India in government procurement somewhere on a single electronic portal? (Page 124, paragraph 220)
Reply: Rule 137, 160 and 161 of the General Financial Rules contain the basic principles of public buying. Chapter 6 of the General Financial Rules, 2005 contains general rules applicable to all ainistries or departments regarding procurement of goods, engagement of consultants and outsourcing of services. Detailed instructions relating to the procurement of goods can be issued by the procuring ministries/departments in conformity with the general rules contained in this chapter. Establishment of legislative framework for public procurement is under consideration of the Government of India. Hence, as on date, detailed instructions applied by different departments are not available in a single electronic portal. GFR and the Procurement Manual are available on http://finmin.nic.in/the_ministry/dept_expenditure/GFRS/
GFR2005.pdf and http://www.du.ac.in/fileadmin/DU/DUCorner/MPProc4ProGod.pdf respectively.
77. Is there a body that exercises oversight function in public procurement for entities at all levels of government? (Page 124, paragraphs 220 and 221)
