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TMI Blog2014 (3) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... uo;BCDA‟). It was alleged that BCDA is engaged in anti-competitive practice of directly or indirectly determining the sale price of drugs and controlling the supply of drugs in a concerted manner in violation of Section 3(3)(a) and 3(3)(b) of the Competition Act, 2002 (the Act). 3. Based on the information received from Shri Singh and other relevant information available in the public domain, the Commission decided to undertake a suo moto enquiry into the matter under section 19(1) of the Act. 4. It was stated that BCDA is an association of wholesalers and retail sellers of drugs and is affiliated to All India Organization of Chemist and Druggist (hereinafter referred to as AIOCD). It is registered as company under section 25 of the Companies Act 1956. It has approximately 34000 members who are engaged in wholesale and retail sale of drugs in the state of West Bengal. It was alleged by the Informant that the BCDA‟s executive committee directed its retailer member not to give discount on the MRP in the sale of medicines to consumers. The directives issued by the BCDA have been minuted in its Executive Committee meeting dated 23.06.2012 and the same are available on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interviewed few customers present at the shop and some of them verbally admitted the fact that they used to get discount on the price of medicines purchased prior to the aforesaid "No Discount" circular/notice. The team also inspected three medical shops on 08.11.2012 in Howrah and Kolkata and also found leaflets mentioning "No Discount" displayed in the shops there. 8. In view of the aforesaid facts and circumstances, the Director submitted that BCDA has contravened the provisions of Section 3(1), Section 4(1) and Section 4(2) of the Act relating to anti-competitive agreements and abuse of dominant position respectively. Directions to the DG 9. The Commission after considering the entire material available on record vide its order dated 11.10.2012 passed in Suo moto Case No. 02 of 2012 directed the Director General (DG) to cause an investigation to be made into the matter and to submit a report. 10. A similar order was passed by the Commission in Ref. Case No. 01 of 2013 on 27.05.2013. Further, it was also ordered that since the Commission has already directed investigation to be made in Suo moto Case No. 02 of 2012 on similar facts, the DG shall club the investigation of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ially when almost all the retailers and wholesalers are members of BCDA. 14. The DG found that BCDA and its affiliated District/Zonal Committees have taken concerted action against retailers offering discounts, by launching organizational movements, threatening them with dire consequences, picketing their shops, collecting fines from them, forcing them to shut their shops, directing their wholesale members not to make supplies and not to cooperate with such retailers. The DG concluded that the above said conduct has resulted or is likely to result in controlling and or limiting supply of medicines and the market of provision of drugs, which contravene the provisions of Section 3(3)(b) of the Act. 15. On another aspect, the DG observed that the concerted activities of BCDA and its affiliated District/ Zonal Committees in enforcing the sale of drugs on MRP have not only adversely affected the interests of retailers, who have been denied their right to freedom of trade and business, but have also adversely affected the consumers. 16. The DG in his report notes that the BCDA has taken a plea of ignorance of law in defence of its action. It has also taken a plea that the sale of drug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21. After providing brief information about the organization, structure of, and welfare activities undertaken by, BCDA in its reply, submitted that the DG has violated principles of natural justice by not providing copy of the complaint of the Director and documents/affidavits furnished by certain persons, upon which the DG has relied, thereby disabling BCDA to cross-examine such persons to test their veracity apart from denying any opportunity for rebutting the allegations. 22. It is contended by BCDA that the prices of scheduled drugs are fixed under the DPCO order by the government and for non-scheduled drugs by the manufacturers and hence, passing of resolutions by BCDA allegedly to the effect asking retailers not to sell medicines below Maximum Retail Price (MRP) is not covered within the mischief of Section 3(3)(a) read with Section 3(1) of the Act. According to BCDA, it is not fixing the sale price of the medicine either directly or indirectly. 23. It is argued on behalf of BCDA that the DG failed to prove scarcity of any of the medicines as he could not examine any of the consumers in this regard. Hence, it is submitted that BCDA has not violated section 3 (3) (b) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tition Appellate Tribunal in the matter of Director General v. Voltas Limited and another reported in 2010 CTJ 4 (COMPAT) (MRTP) to support its argument that if the currency of agreement/acts/practices which is the subject-matter of the notice of enquiry has expired, the notice of enquiry becomes infructuous. 27. Lastly, it is argued that since BCDA has voluntarily complied with the requirement of section 27(a) of the Act, no penalty should be imposed by the Commission under section 27(b) of the Act. If at all circumstances warrant imposition of penalty, mitigating factors like voluntary compliance and undertaking by BCDA, acting under bona fide belief, ignorance of law etc. be considered by the Commission 28. In view of the above, BCDA prays for closure of the matter. Replies/ Objections/ Submissions of Shri Tushar Chakraborty, Hon. General Secretary, BCDA to the Supplementary Investigation Report 29. At the outset, it was submitted by Shri Tushar Chakraborty that since the main investigation report of DG is allegedly against BCDA and not against its individual office bearers and executive members, this reply is confined to the supplementary investigation report, and the reply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... states has been considered by the Commission in (a) MRTPC Case No. C-127/2009/DGIR (4/28), in the matter of Varca Druggists and Chemists and others v. Chemists and Druggists Association, Goa (b) MRTPC Case No. C-87/2009/DGIR in the matter of Vedant Bio Sciences v. Chemists and Druggists Association of Baroda (c) Case No. 20/2011, in the matter of Santuka Associates Private Limited v. AIOCD (d) Case No. 30/2011, in the matter of Peeveear Medical Agencies v. All India Organization of Chemists and Druggists and Janssen Cilag Pharmaceuticals, (e) Case No. 41/2011, in the matter of Sandhya Drug Agencies v. Assam Drug Dealers Association and others and (f) Case no. 60/2012 in the matter of M/s Arora Medical Hall, Ferozepur v. Chemists & Druggists Association, Ferozepur & Ors. The Commission, after inquiry, has disposed of all these matters. In these cases, the Commission has, inter alia, observed that the Chemists and Druggists Associations, arrayed as opposite parties in these cases, have indulged in anti-competitive practices in violation of section 3 of the Act. It has passed cease and desist orders and imposed monetary penalties against the respective Chemists and Druggists Associati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Bengal based and a three-tier organization viz. Zones, Districts and the State. BCDA is covered by 214 Zones and 24 Districts. As per the delegated power of the Executive Committee, Zonal Committees and District Committees are formed. The Executive Committee in consultation with the members of the Association where committee is going to be formed shall convene a General meeting and shall request the members present to elect the Zonal Committee, Office-Bearers and Executive Committee members as per stipulation of the Articles of the Association. The boundary of the Zonal Committee is decided by the Executive Committee. Thus, 214 Zone Committees have been formed. Individual Zone Committee is formed on the basis of ranging from less than 100 to more than 300 members. Thus, BCDA is organizationally covered by 214 Zones. The District Committee is formed by all the elected Zone Committee members in a District. The list of such elected members is placed in the Executive Committee meeting for being approved as the District Committee. Individual District Committee is formed on the basis of members ranging from 1000 to beyond 4000. The total number of District Committees is 24. Both the Zo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e carried on, or decision taken by, any association of enterprises or association of persons, including cartels, engaged in identical or similar trade of goods or provision of services, which - (a) directly or indirectly determines purchase or sale prices; (b) limits or controls production, supply, markets, technical development investment or provision of services; (c) ........... (d) ........... shall be presumed to have an appreciable adverse effect on competition. 39. For the purpose of proper appreciation of applicability of relevant provisions relating to anti-competitive agreements, it is useful to consider the various elements of section 3 of the Act in detail. Section 3(1) of the Act prohibits, and section 3(2) makes void, all agreements by association of enterprises or persons in respect of production, supply, distribution, storage, acquisition or control of goods or provisions of services which cause or are likely to cause appreciable adverse effect on competition within India. Therefore, if any agreement restricts or is likely to restrict the competition, then it will fall foul of section 3 of the Act. 40. Further, section 3(3) of the Act applies not only to an agreeme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any person, firm or company carrying on the business of Chemists and Druggists and of Dealers of Drugs, Medicines and of Allied Products and of Manufacturer of Medicines, Drugs, Pharmaceuticals etc. and possessing a drug license under the Drug and Cosmetics (Amendment) Act and of the accredited Agents and Representatives of such licenses of other States having their office in this State (i.e. West Bengal) can become an ordinary Member of the Association subject to the provisions and restrictions contained in those Articles. Thus, it is not the case that any person can become a member of BCDA but only those persons falling within the aforesaid category can become member of BCDA. Since every member of BCDA is actually a person engaged in an economic activity, the obvious inference is that he/she falls squarely under the definition of „enterprise‟. Thus, BCDA which comprises of enterprises is an association of enterprises. 43. Further, Section 3(3) of the Act not only covers agreements entered into between enterprises or associations of enterprises but also the practice carried on or decision taken by any association of enterprises engaged in identical or similar trade o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d strictly enforce the guidelines of BCDA, to control the chain stores who are indulging in undercutting. In this meeting, the General Secretary has also requested all the District Secretaries, through their members, not to provide any service to Medplus. (iii) In the minutes of the Executive Committee meeting dated 26.05.2011, under Agenda No.4, it has been stated by the General Secretary that the undercut problem both in retail and wholesale level is very serious in nature. He has further mentioned that as per norms, the State Executive Committee is the policy making body whose implementing machinery is the Zones, under the guidance of districts only. He has further stated that BCDA is strict on its earlier stand to maintain Wholesalers‟ margin in wholesale level and Retailers‟ margin in retail level. He also expressed that the BCDA strongly believes that the Zone leaders with the help of the District leaders should keep a close vigil on the shops to check the undercut problem. (iv) The minutes of the Executive Committee meeting dated 25.06.2011, 16.07.2011, 11.08.2011 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her stated that launching of organizational movement at any Zone/District is to be intimated to the State Committee. It was also mentioned that the undercut problem is centered in Kolkata and its surrounding Districts only. (vii) In the minutes of the Executive Committee meeting dated 17.03.2012, under Agenda No.4, the Organizing Secretary has reported that the undercut problem has been concentrated upon in the two meetings of the Action Committee and another meeting with the District Organizing Secretaries. He has also proposed about the programme of 1st April 2012 to sell medicines from the retail outlet on MRP basis, and on 18th April 2012, to organize a protest procession against entry of big national capitalists in retail pharmaceutical trade. The House unanimously approved the proposal. The Organizing Secretary also stated that the state leadership is very rigid to prevent undercut. He has stated as follows: "We should move forward to prevent undercut. The Organizational Vigilance committee will keep close watch. Organizational movement against a few non-cooperating members must be initiated. We will move from 1st April 2012". ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be implemented against M/s. Charu Medical Stores and M/s. Charu Marketing Agency for giving discount. One member also reported that by vigilance drive both Charu's have been caught. Another member has stated that both the Charu's have been told not to give discount. The Organizing Secretary has mentioned that 1st April 2012 programme is on undercut and that their policy is faced with a problem created by M/s. Life Line, Medplus, Dhanwantary. He has also stated that this problem is mainly centered in Kolkata Districts. The General Secretary also requested the members to strictly follow the organizational movement on Life Line and others. One member stated that they should collect the information as to who purchase medicines from M/s Life and who are supplying medicines to Medplus. Another member stated that when chain stores are giving discount what will they reply to other retailers. The said member also stated that Dhanwantary has taken the Hospital supply with discount and proposed for organizational movement against Dhanwantary. It was also proposed by a member that the State committee should call the chain stores representatives and sit with them to persuade them to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that during a visit to the Shyambazar 5- Point crossing, it has been found that 3-4 shops have given discount including Frank Ross. He proposed that the State Committee should sit with the shop owners of Shyambazar Zone and persuade them to stop discount. Thereafter, the President directed that, as proposed, the retail shop owners of Shyambazar Zone would be called for a meeting on Monday the 25th June, 2012 in BCDA Office. One member complained that the root cause of undercut problem in South Calcutta is Dhanwantary and has sought the intervention of the State Committee in the matter. Another member has stated that undercut is prevailing at Baranagar and Dum Dum Zone and that the 24 Parganas North District Committee has been in constant touch with them. Another member has complained that North Calcutta is not taking any fine from the shops who are giving discount. The Organizing Secretary has mentioned that they have taken necessary steps for implementation of trade policy. He also stated that discount is going on in Kolkata and surrounding Districts and recommended to continue vigilance operation in very rigid manner. He also reported that the Calcutta Wholesale EC Committee has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia. It was proposed to send the Bengali translation of the Notice of Competition Commission to each Zone and District and to elaborately discuss in their organizational meeting. (xiv) In the minutes of the Executive Committee meeting dated 21.12.2012, under Agenda No. 3, the General Secretary reported that the Zones have been agitated in West Bengal as in two government hospitals, the government has opened fair price shop with 60% less. The Organizing Secretary stated that a list of suppliers who have been supplying medicines to Medplus and others has been prepared which will be announced in time. (xv) In the minutes of the Executive Committee meeting dated 23.02.2013, under Agenda No.5, the Organizing Secretary mentioned that their members are scared due to the visit of the Drug Inspectors and issue of show-cause notice. Another member stated that eight firms have received show cause notice and that the reply, as prepared by the State Committee, has been submitted to the Drug Controller's office. (xvi) In the mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rce their decision regarding sale of drugs on MRP by activating Vigilance and Zonal Committees in the various Districts and Zones of Kolkata. Under such circumstances, an opportunity, during investigation by the DG, to rebut the allegations or to test the veracity of the persons testifying to the effect that BCDA forces them no to give any discount and to sell drugs only on MRP would not have made any difference or caused any prejudice to them. Thus, the argument advanced by the BCDA and Shri Tushar Chakraborty that the DG has violated principles of natural justice is not tenable. 49. BCDA has taken plea of ignorance of law in its defence. It is submitted by it that there is absence of level playing field in the State of West Bengal in retail pharmaceutical trade. Due to the heavy discounts offered by big retailer, the business of small retailers is being wiped out. Consequently, around 15 to 20 per cent of small retailers in different districts/villages in the state of West Bengal are forced to close their business. It is in this context that the alleged resolutions were passed under a bona fide belief that there is no violation of any law. It is further stated that they were pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue as under: "The retailers demand discount from the wholesalers and sub-wholesalers. As a result, the wholesalers and sub-wholesalers do not get sufficient margins so as to meet their establishment expenses and bank interests. If there was uniformity in the trade then all the wholesalers, sub-wholesalers and retailers would have got the agreed margin. However, on account of grant of discounts by few parties some of the wholesalers, sub-wholesalers and retailer are edged out and they are not in a position to carry on their business any longer." 52. Shri Tushar Chakraborty has denied that the BCDA has issued the 'No Discount' stickers or has used any coercion against those who have indulged in the sale of drugs below MRP by offering discounts. In this regard, he has submitted against as under: " ........the State BCDA has always adopted a policy of consultation and discussion with those parties who are not in agreement with the stated policy of BCDA in the matter of discounts etc. We never use any coercive method to enforce our decisions. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e out from their culpability in the matter in the background of the Competition Commission of India initiating enquiries against similar anti-competitive practices by various other Chemists and Druggists Associations and imposing deterrent penalties after enquiry. 55. Be that as it may, the Commission also examined the submissions of the various retailers before the DG named in the minutes of the BCDA, who all testified regarding the concerted action of the BCDA and its affiliated District and Zonal Committees in enforcing their decision regarding sale of drugs on MRP, which clearly show that coercive methods, in contrast to mere moral suasion as claimed by Shri Tushar Chakraborty, have been deployed in various areas of Kolkata and the adjoining areas by the various District and Zonal Committees affiliated to the BCDA. For the sake of felicity, the submissions are discussed hereunder: (i) Optival Health Solutions Pvt. Ltd., having approximately 1200 retail outlets in several states in India, including 69 outlets in Kolkata, under the brand name 'Medplus', have submitted that they offer a discount of 10% on selec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being offered by us. They come as decoy customers and once they get the bill from us showing discount they start making unpleasant scenes at our outlets, in front of other customers also. They use abusive language and threaten our staff members. Our employees have been beaten by them.....". Regarding the restrictive practices of the BCDA, he has stated as under: "The BCDA primarily has three demands from us. They want us to take membership of BCDA, stop discounts at our retail shops and to observe weekly closure. We are willing to take the membership of BCDA provided we are allowed to give discount and get exemption from weekly closure. The BCDA is a powerful body with strong financial and political backing. They run Pharmacy College, collect PIS charges and other contribution from manufacturers etc. Every wholesaler and retailer is their member and is therefore politically well connected. So even though we are trying to pass on the benefits to the customers and observe all the statutory requirements we are facing opposition from the BCDA." ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arch Centre Pvt. Ltd. has submitted that its shops are located throughout Kolkata and Howrah and it normally offer a discount on sale of medicines @ 5% to 15% on MRP on general medicines whereas the discount given on generic products including cancer and others varies from 10% to 70% on MRP of the product. It has submitted that BCDA or its Zonal offices have never forced it to shut shops on the issue of discount. In response to query regarding surprise checks by the BCDA, It has stated that BCDA officers do visit its shops occasionally but they do not discuss about discount matters with its employees. The company has also submitted that it does not receive any instruction/communication from BCDA regarding discount structure on medicines. However, Shri R. Khandelwal, Managing Director of Dhanwantary Medicare & Research Centre Pvt. Ltd., which has about 20 medicine outlets in Kolkata, in his statement recorded before the DG on 23rd April 2013, has stated as under: "Usually BCDA Zonal Committee members approach their local retailers and motivate them not to sell any medicines below the MRP, as it is agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ays in touch with BCDA on different issues but could not recall whether any discussion was made on the issue of discount. The company has further stated that they have not received any notice/ circular regarding the same and are continuing the practice of discount to the customer at large at the rate of usually 6% to 7%. The company has however submitted that it came to know from different sources that BCDA imposed boycott on it without any notice but as the Kolkata Wholesale Market area Committee (BCDA) stood in its support, its business was not hampered. (vi) Lifeline (A unit of GSA Surgical & Medicine Pvt. Ltd.), which deals with sale of drugs through retail and is a sister concern of M.S. Life drug House Pvt. Ltd., has furnished a similar reply but have stated that they give a discount of 10-12% to the customers in general. During the recording of the statement of Shri Swapan Das, the Managing Director of M.S. Life drug House Pvt. Ltd., who is also the Director of Lifeline, on 26.04.2013 has submitted as under: "We give 5% to 8% discounts on Trade price in sale of dru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also stated that it is not aware of any surprise check by BCDA or its vigilance committee in its shop. It has submitted that it has offered discounts, wherever possible and practicable based on its own policy without any external influence. (viii) Chemist Corner, Diamond Harbour Road, Kolkata has also given an identical reply as furnished by the Chemist Corner, Biren Roy Road (East) Kolkata, even though both the retail outlets are owned by different parties. It is further observed that both their replies are copies of the reply that has been drafted by BCDA. In their identical statements on 25.04.2013, Shri Subir Paul, Proprietor, Chemist Corner, Diamond Harbour Road and Shri Kumar Chandra Mandai, Proprietor, Chemist Corner, Biren Roy Road, have stated that drugs used to be sold mostly on MRP prior to 2011. However, due to intense competition in the market they give various discounts depending upon the nature of drug, value of purchase etc., to the customers and such discounts generally range from 5% to 10% of the MRP. They have further stated that: &nb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td., M/s Jatindra Mohan, Charu Medical Stores and Charu Marketing Agency, it appears from the replies of others like Dhanwantary Medicare & Research Centre Pvt. Ltd., M.S Life Drug House Pvt. Ltd., Lifeline, B.B.Avenue, Kolkata, Lifeline Medical Stores, Vivekanand Road, Kolkata, Chemist Corner, Biren Roy Road, (East) Kolkata and Chemist Corner, Diamond Harbour Road, Kolkata that they do not openly/directly support the allegation against the BCDA. However, it is evident from the statements of all the parties that they unequivocally support the allegation. It appears that they were apprehensive of the possible retaliatory action of the BCDA, in view of its immense organizational strength and the likely loss to their business at the behest of BCDA. The BCDA had also circulated a draft reply to the notice issued by this office to be signed by them. While some of the parties simply appended their signatures to it, few others chose to be evasive in their replies so as not to invite any wrath of the BCDA. However, when these parties received summons from DG for recording of their statements on oath, they chose to speak the full facts. 59. The report of the Assistant Director, Hooghly dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diktat through its District/Zonal and Vigilance Committees, and has acted in a concerted manner to ensure that drugs are sold only at their MRP. 61. The Commission opines that the BCDA has indulged in the concerted anti-competitive practice of sale of drugs only on MRP. The collusive action has been taken to ensure that the trade margins do not get determined on a competitive basis and are uniform for all the wholesalers and retailers respectively. It would be pertinent to mention that while working out the price of scheduled drugs, the National Pharmaceutical Pricing Authority (NPPA) makes an allowance for 16% margin on price to retailer (as per DPCO, 1995) and 8% margin to wholesaler as per practice. However, for non-scheduled drugs (drugs not under price control), the margins to the retailers or the wholesalers are to be determined as per market forces. As per the industry practice, these margins are at least 20% on price to retailer and 10% to the wholesalers. The BCDA has argued that these margins to be earned on sale of drugs on their MRP are reasonable. In this regard, the Commission observes that it does not matter whether these are reasonable or not. The fact that BCDA ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the interests of retailers but have also adversely affected the consumers. The retailers have been denied their right to freedom of trade and business. Those retailers who have been selling drugs by offering discounts and also offering other innovative and better services like privilege card membership, 24x7 service, free home delivery etc., have been denied the opportunity to expand their sales /business. When the trade associations indulge in taking commercially sensitive business decisions on behalf of the entire industry as to whether or not to offer discounts, 24x7 service, free home delivery etc., then competitive forces are not allowed to operate in the market for furtherance of one's business. Innovative business practices, superior services, consumer choice, lower prices, etc., take a back seat and do not become the guiding force for doing business. Consequently, not only the businesses suffer but irreparable harm is caused to the consumers. The consumers buy drugs as a matter of necessity to save themselves from suffering (pain/death). They are deprived of their legitimate right to get medicines prescribed by the doctors at competitive / cheapest rates by the impug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /Executive Body of the Association in decision making and accordingly had directed the DG to ascertain the role of the Office Bearers vide order dated 18.06.2013. A supplementary investigation was accordingly conducted by DG and supplementary investigation report dated 24.09.2013 had been submitted to the Commission. 68. The DG in its supplementary investigation report has concluded that anti-competitive decisions were taken/ratified by the office bearers and executive committee members of BCDA in the executive committee meetings of the Associations held from time to time. DG has also identified the office bearers and executive committee members who were complicit in the decision making process/practices of BCDA that have been found to be contravening the provisions of the Act. 69. The office bearers in their common reply to the DG report have taken the plea regarding non application of the provisions of Section 48 of the Act upon the office bearers and executive members of BCDA as their liability is limited as per the Memorandum of Association of BCDA, being a non-profit company registered under Section 25 of the Companies Act, 1956. 70. As held by the Commission in Case no. 60 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... G namely Shri Pradeep Kumar Paul vide letter dated 29.11.2013 has submitted to the Commission that he is not in the business since 2010 and has requested exemption from submitting the financial statements. A decision on the quantum of penalty with respect to Shri Parolia and/or further view on non submission of financial statements by Shri Parolia and Shri Paul shall be taken separately. 74. Having given due consideration on the issue of quantum of penalty as well as the totality of facts and circumstances, the Commission decides to impose a penalty on the BCDA & its those office bearers who are directly responsible for running its affairs and play lead role in decision making @10% and on the executive committee members @7%, of their respective turnover/income/receipts based on the financial statements filed by them as follows: Income/ Turnover in Rupees (Figures in Actuals) Sl. No. Name Designation 2009-10 2010-11 2011-12 2012-13 Avg. for 3 years 10% of Avg. Turnover 1 BCDA Association 3471717.9 6801229 29459003.9 13243983.60 1324398 2 Ranendra Narayan Roy President 1800000.00 1897600.00 2230000.00 1975866.67 19758 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 51863025.67 3630412 27 Debapriya Bose Exe Comm Mem 5956477.00 6542233.00 7260718.00 6586476.00 461053 28 Md. Entaz Ali Exe Comm Mem 965821.00 1254785.00 2475163.00 1565256.33 109568 29 Fazlur Rahaman Khan Exe Comm Mem 1440765.00 1610360.00 1811310.00 1620811.67 113457 30 Gora Tripathy Exe Comm Mem 27448528.93 33589305.59 35864731.00 32300855.17 2261060 31 Goutam Kumar Das Exe Comm Mem 12260237.00 17991063.00 19438243.00 16563181.00 1159423 32 Gautam Patra Exe Comm Mem 157409796.00 187208147.00 202943677.00 182520540.00 12776438 33 Gouranga Saha Exe Comm Mem 65904085.00 75089372.00 85815876.00 75603111.00 5292218 34 Goranga Dhar Exe Comm Mem 5575828.00 5852737.00 5972055.00 5800206.67 406014 35 Hirak Subhra Mukherjee Exe Comm Mem 4369219.00 5112972.00 5253617.00 4911936.00 343836 36 Md. Irfan Lodhi Exe Comm Mem 526910.00 687270.00 897640.00 703940.00 49276 37 Jayanta Dey Exe Comm Mem 89887412.00 91747782.00 82354505.00 87996566.33 6159760 38 Jayanto Dey Exe Comm Mem 3101500.00 3420000.00 2405200.00 &nb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 409 62 Samir Ranjan Das Exe Comm Mem 86968602.00 161492728.00 94412520.71 114291283.57 8000390 63 Susanta Kar Exe Comm Mem 34462695.00 39635192.00 42294547.00 38797478.00 2715823 64 Subir Sen Exe Comm Mem 13741248.00 14859467.45 13558010.00 14052908.48 983704 65 Swapan Kumar Saha Roy Exe Comm Mem 32897871.85 36437421.57 37771137.10 35702143.51 2499150 66 Samar Dey Exe Comm Mem 1654178.80 1972403.00 2032606.00 1886395.93 132048 67 Sabir Chatterjee Exe Comm Mem 3838869.00 3832519.00 4502429.00 4057939.00 284056 68 Soumen Chakborty Exe Comm Mem 814125.00 575750.00 2347451.00 1245775.33 87204 69 Shyamal Kumar Saha Exe Comm Mem 34964106.00 44659896.00 56449691.00 45357897.67 3175053 70 Sushanta Ghosh Exe Comm Mem 14694976.00 18942316.00 24555183.00 19397491.67 1357824 71 Siddheswar Chowdhury Exe Comm Mem 6622371.00 8222826.10 15469339.61 10104845.57 707339 72 Samindra Nath Banerjee Exe Comm Mem ------ 2540300.00 2290450.00 2130450.00 2320400.00 162428 73 Susanta Patra Exe Comm Mem 2618490.00 1847620.00 2835 ..... 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