DIRECTOR GENERAL OF INVESTIGATION & REGISTRATION Vs. MEDICAL COLLEGE OF ALTERNATIVE MEDICINES, CALCUTTA

JUDGEMENT

(1.) THIS order shall dispose of an enquiry instituted under Sections 36A, 36B(c) and 36D of the Monopolies & Restrictive Trade Practices Act, 1969 (hereinafter referred to as Act) and Regulation 58 of the Monopolies and Restrictive Trade Practices Commission Regulations, 1974 (Old) (hereinafter referred to as Regulation) against M/s. Medical College of Alternative Medicines, (hereinafter referred to as respondent). THIS enquiry is based on a statutory application made by the Director General of Investigation & Registration (hereinafter referred to as DG) under Section 36B(c) of the Act. Finding a prima facie case on the basis of the said application, the Commission vide its Order dated 9th May, 1988 directed the issuance of Notice of Enquiry. Pursuance to the aforesaid Order, the Notice of Enquiry dated 6.6.88 was issued to the respondent which, inter - alia, reads as under: "The above -mentioned applicant has submitted an application under Section 36B(c) of the MRTP Act against the respondent which has given it self a high -sounding name of "Medical College of Alternative Medicines" and claims to have been registered under Societies Registration Act, XXVI of 1961 of Government of West Bengal. Ostensibly it is engaged in providing educational facilities in the field of so -called alternative system of medicines. A copy of the application dated 2nd May, 88 is enclosed. The application states that the respondent released an advertisement in "The Times of India" dated 25th February, 88 inviting "non -registered doctors" to avail of its services. The following advertisement in - ter -alia was as under: 1. As per registered by -laws by the Government of West Bengal (Rule 12(a) of the Council) Registration Certificates (RMP) are being issued to all Physicians in the field of Alternative System of Treatment by registering their names on the basis of experience.

(2.) REGISTERED (RMP) Physicians will be empowered with the following: (i) To practice all over India in his own field. (ii) To issue Medical Sick Certificates as per Rules 13(a) and 13(b) of the Council. Registration (RMP) Certificates are being issued on priority basis. The DG alleges that the respondent is engaged in the illegal activities of issuing fake certificates under the title

(3.) THE D.G. has filed rejoinder to the written statement submitted by the respondent and contradicted the statement of the respondent and reiterated the averments made in the Notice of Enquiry as well as in his application under Section 36B(c). Besides, the D.G. has also moved an application for discovery and production of documents on oath by the respondent. These documents are as follows: