action will be taken in line with what is listed in the MDG under the relevant category for each irregularity.
(v) All irregularities established under ... LINES 1982, 1995 AND 1998.
PUNISHMENTS PUNISHMENTS PUNISHMENTS
EXISTING EXISTING EXISTING
IN MDG 1982 IN MDG 1995 IN MDG 1998
MAJOR OFFENCES
1. Adulteration
Impugned order takes into consideration past issues contrary to Marketing
Discipline Guidelines (MDG). Past issues were not subject matter of the show-
cause notice ... petitioner to offer his
explanation. According to clause 8.5.5 of MDG, the issues which occurred five
years prior to the current inspection should
stark violation of the Marketing Discipline Guidelines, 2005
(for short "MDG") which inter alia regulates the contractual relations
between the parties. Once ... corrected any alleged defect as
per the procedure prescribed in the MDG, the respondent cannot terminate
agreement. This has not been discussed by the respondent
read as under:
3
SN NON CONFORMITY VIOLATION OF CLAUSE REF NO
MDG 2012
1. Stock Variation (Positive) of Clause No. 5.1.11
HSD beyond permissible ... Test report Test report Status Details of sample
number date
1. NERL/MDG/HS- 29.05.2013 Does not Nozzle sample
62/2013 meet collected
petitioners veers around various
provisions incorporated in the Marketing Discipline Guidelines (MDG)
2012 as amended on 02.10.2017[hereinafter referred to as "amended MDG ... Notably, the amendment which was brought about qua MDG 2012 was
intimated by the OMCs to their Retail Outlet dealers (in short
between the parties and the Marketing Discipline Guidelines (hereinafter referred as "MDG") issued from time to time. In the month of April ... days as to why action should not be taken as per the MDG/dealership agreement to protect the marketing interest of the corporation
2017
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jpU/c/md;g[. vk;/V/.
muR TLjy; brayhsh;/
bgWeh ... Kiwahd tprhuizapid jdpah;fsplk; nkw;bfhz;L.
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more
stringent action under the provisions of distributorship
agreement and clauses of MDG 2017.
22. The petitioner thus submits that though the show
cause notice ... alleged malpractices it can be concluded that the
following irregularities (under MDG 2017) was done
by your distributorship.
(a) Critical 1st instance under
conditions contained in the dealership agreement, Market Discipline Guidelines
(in short, MDG), other relevant rules and regulations of Govt. of India and the
State ... form which is as follows:-
S. Irregularity Violation as per
No. amended MDG 2012
dt: 03.08.2018
1 Positive stock variation Clause 5.1.11
2 Non availability
4637/2007 seeking a declaration that the
Marketing Discipline Guidelines-2005 ('MDG-2005' for
short) introducing marker system as unconstitutional,
illegal, null ... lorry retention sample which was required to be
retained as per the MDG-2005 is averred. The
correspondence intimating the petitioner about the
further tests
