MRTP Act: Rise Fall and Need for Change: Eco Legal Analysis

MRTP f atomic number 18 Rise inclination and Need for Change Eco Legal Analysis1. INTRODUCTION1.1 TitleThe human activity of the project is MRTP Act Rise, F whole and Need for Change Eco-Legal Analysis and is class of the submissions to be made for the internal assessment for the course of Economics II.1.2 Overview of baseIndia, in its formative long time of freedom, laid bundle the seeds of accessibleistic blast towards economic development. Five-year plans were designed with the bring forth of self- legitimateance and self-sufficiency of the Indian industry and in this process of indigenuity, focus was laid on fond authoritiesal governance to ensure equal and prosperous distri justion of resources. One such seek of the state de triped in the enactment of the MRTP Act, 1969 with the staple fibre aim of comprehensive subordination over direction, imitate and quantum of investing to ensure that wealth is non grueling in the work force of the few.However, with th e emergence of the new industrial insurance narrative of 1980, a need was felt for promoting tilt in domestic commercialize, technological upgradation and moderneization which was hence followed by the massive New Policy Reforms of 1991 which emphasize attainment of technological dynamism and international free-enterprise(a)ness, by opening up the Indian economy to foreign enthronization. This could non be met by the Indian industry since it was not in competitive circumstances with the rest of the being and operated in an over-regulated environment. Hence, as was concluded in the Raghavan delegation Report, 20001 changes were sought in the competition policies of India and thus, the MRTP Act was laid to rest.This project pull up s ingests trace the doing of the MRTP and point proscribed the faults that guide to its failure and thus its repeal by the rivalry Act.1.3 Objective of ProjectThis project is aimed at advocating and analysing the execution of the Monopol ies and regulative Trade dedicate Act, 1969 (henceforth, MRTP Act) in the Economic-Legal aspect. The project will chiefly analyse the performance of the MRTP Act over the various industrial development bods (From 1951 to post-1991 Reforms) and then try to establish how and why it paved the way for Competition Act, 2002.Thus, the basic aim is to establish the reasons for the failure of the MRTP and the subsequent reasons for the establishment of the Competition Act.1.4 info Set ExplanationIn the course of this project, the following info-sets micturate in been utilize1) MRTP billing Data Depicting the number of incidents c in wholly backed and disposed of by the MRTP de institutionalizeation in its last years of existence, i.e. from 2002-2004. This selective information has been computed in the form of Bar-Graph for illustrative purpose.This data has been sourced from the work of Sh. Pradeep S. Mehta, Gen. Sec., CUTS International in A Functional Competition Policy fo r India published by Academic Foundation, New Delhi, 2005. This data is getable online and has been accessed through with(predicate) www.books.google.com Link has been provided at the concerned graph2) Annual Growth crop of industrial Production Index Depicting the way in the evolution of Industrial Production from the Year 1951 to the year 2007. This has been represented in the form of Data-mesa, and the data divided into the various Industrial phases.This data has been sourced primarily from the book of S. K. Misra and V. K. Puri titled Economic environs of Businees, fifth ed, Hima senda Publishing Ho using up, 2008. This book is on hand(predicate) at the Reference slit of the NALSAR Law Library.This data is origin solelyy sourced in the above-menti unrivaledd book from(a) presidency of India, handbook of Industrial Statistics, 1992, bow 50, p.150(b) S. L. Shetty, Structural reverse in the Indian deli real since the Mid-1960s, Economic and Political Weekly, Special S upplement, 1978, Table 4, p. 9(c) Government of India, Economic Survey, 2000-01, Box 7.1, p.130(d) RBI, vade mecum of Statistics on Indian frugality, 2000, Table 199, p. 409(e) Government of India, Economic Survey, 2004-05, Table 7.2, p.142(f) RBI, Handbook of Statistics on Indian Economy, 2006-07, Table 237, p. 606 and Table 238, p. 607.1.5 Re search MethodologyThe methodology adopted in this project is descriptive. The research is ground on vanadiumdings and statistics provided in primary sources very(prenominal) Statistical data and Committee Reports and on secondary sources of books and articles published in journals, hence the methodology adopted is despcriptive in nature.1.6 LimitationsThe research is limited to the resources available at the NALSAR Library and the data sets available online and at the NALSAR Library in the manner of Study Reports and Research findings.2. MRTP WHY IT WAS ENACTED2.1 speckle-Independence Socialistic Industrial governing StructureIn the y ears preceding the enactment of the MRTP Act, 1969, India had hardly been a free nation for a little more(prenominal) than 15 years. pursuit emancipation, it had laid down the formative anatomical structure of its governance and organization on the touchstone of socialism. The socialist approach was inherent in the functioning of the government as it preached social and economic e bore, which was later adopted in the precede to the Constitution of India2by the 42nd Amendment. In this process, the concept of planned economic development started since the primal 1950s.However, this approach did not yield the desired result of socio or economic e tint. The initial industrial l methamphetamine hydrochloridensing policies had not borne the planned results- instead, the merchandise and the industries were showing negative trends and wealth was getting concentrated in the hands of the few. This was detect by the Hazari Committee in its 1967 Report on Industrial Planning and Lice nsing Procedure, 1955 where it install that working of the licensing system had resulted in disproportionate growth of most big industrial house.3Similarly, the Mahalanobis Committee Report (1964) on scattering and Level of Income, reported that the top 10% of the population cornered 40% of the income period the 20 of the largest firms in India owned 38% of the total built up capital of the private sector.42.2 Emergence of MRTPThe previous industrial policies had distinctly not worked in the direction the state had hoped for since, post independence more new and big firms had entered the Indianmarket and they had little competition and thus, were act to monopolize themarket.Hence the need for a unrelentinger policy regime was earn to safe take the welf be of the consumers by removing barriers to competition in the Indian economy, and this resulted in the enactment of the MRTP Act, 1969 which came into force in June 1970. The primary becoming games of the Act were listed down in the Preamble as follows5i) tempt the concentration of economic power to the putting green detriment,ii) Control monopolies and monopolistic plow practices,iii) Prohibit regulatory slyness practices, andiv) Regulate foul handicraft practices.2.3 Primary ConceptsTo down the stairs sustain the objectives of the MRTP and for the understanding of this project, we will early proceed to discuss the primary concepts related to the project topic1) noncompetitive Trade PracticesSection 2(i) of the MRTP Act, 1969 defines Monopolistic Trade Practice as trade practices that dedicate the effect of pr hithertoting or lessening competition in the turnout, picture or distrisolelyion of both honourables or in the supply of whatever services- by misusing ones power to use themarket conditions,in terms of production and sales of goods and services, and thus abuse its market position- ar called monopolistic trade practices.Firms involved in monopolistic trade practicetry to div ert competition from themarket by taking advantage of their monopoly and charge immoderately high gear legal injurys. This in effect leads to deterioration in the product quality and limits technicaldevelopment. Thus, such practices be anti-consumer-welf argon.2) repressing Trade PracticesActivities that firms indulge in that tend to block the flow of capital into production, in order to maximize their own profits and to gain discover over themarket- such activities argon termed as Restrictive Trade Practices.6Such firms alike control conditions of oral communication to affect the flow of supplies transport to unjustified costs of production and diffusion- while establishing their monopoly in the market.3) foul Trade PracticesSection 36-A of the MRTP Act, 1969 which was inserted on the recommendation of the Sachar Committee Report, laid down as to what whitethornbe termed as rawTrade Practices7False theatrical and misleadingadvertisementof goods and services.Misleading re presentation regarding utility, quality and standard of goods and services.Giving false guarantee or indorsement on goods and services without adequate tests.False claims or representation regardingpriceof goods and services.Giving false facts regarding sponsorship, affiliation etc. of goods and services.Making false or misleading representations of facts.2.4 Doctrine of the ActThe MRTP Act, 1969 had its origin in the Directive Principles of protestentiate Policy embodied in the Constitution of India. Article 39(b) and (c) of the Constitution lay down that the State shall direct its policy towards ensuring8(i) that the ownership and control of real resources of the community ar so distri stilled as to best serve the public good and(ii) that the operation of the economic system does not result in the concentration of wealth and means of production to the earthy detriment.Thus, the doctrine merchant ship the MRTP Act, 1969 was based on the concept of planned economic developme nt that had started since early 1950s. The Public Sector Industrial (Development Regulation) Act, 1951 and Monopolies and Restrictive Trade Practices Act, 1969 together commanded a comprehensive control over direction, pattern and quantum of investment. However, despite such control that the state exercised through these Acts, these did not entirely benefit the consumers rather, these complex mesh of controls and economys fettered the freedom of the enterprises and yielded negative results for the economy.3. FUNCTIONING AND PERFORMANCE THE MRTP COMMISSION3.1 FunctionsThe Monopolies and Restrictive Trade Practices instruction (MRTPC), a quasi- judicial remains, was established under Section 5 of the MRTP Act, 1969 to take up action against companies that indulged in monopolistic and dirty trade activities. It dis supercharged functions as per the provisions of the Act.The main functions of the MRTP commissioning beingto enquire into and take appropriate action in respect of un fair trade practices and restrictive trade practices.in regard to monopolistic trade practices, to enquire into such practices9upon a reference made to it by the of import Government, orupon its own knowledge or informationsubmit its findings to primordial Government for further action.The Office of the Director General of Investigation alteration was created in the year 1984 to perform certain statutory functions and duties under the MRTP Act, 1969 so as to subserve its objective to protect the interests of the consumers in the country.10The Act was amend from time to time and major amendments took place in the years 1984 and 1991 and these reforms shall be discussed later in this project.3.2 MechanismThe working of the MRTP Commission locoweed be put down in the following steps1) As discussed above, the MRTP Commission was empowered under section 10 of the Act to take either suo motu action or action upon reference by the government, against companies that were deemed to be adopting restrictive, monopolistic or unfair practices.2) All such trade practices were considered to be prejudicial to public interest. Hence, the onus was on the entity, body or undertaking charged with the perpetration of such trade practices, to plead under the MRTP Act to repeal being indicted.3) If the pleadings were satisfactory to the Commission and if it was further satisfied that the restriction is not unreasonable, the Commission would arrive at the conclusion that the trade practice is not prejudicial to public interest and discharge the enquiry against the charged party.11Furthermore, if a trade practice was expressly authorised by any practice of law for the time being in force, the Commission was barred from passing any order against the charged party.4) Otherwise, if the Commission deemed it to be fit, it could eithera) give transient injunction, orb) award compensation.3.3 Illustrative CasesA) Shyam Gas Company CaseThis was a case where the supply of cooking fe llate cylinders was in short supply, which led to unfair exploitation of the situation. Shyam Gas Co. was the sole distributor of BPCL for cooking shoot a line cylinder at Hathras (U.P.) which was allegedly engaging in the following restrictive practicesgiving gas connections to the customer only when he purchased a gas stove or a hot plate from the company andcharging customers twice the price for supply of fittings and appliances.The MRTP Commission held that the company was indulging in a restrictive trade practice that was prejudicial to the interest of the consumers.B) Bal Krishna Khurana CaseThis was the archetypical case where a sales promotion organizer was charged under unfair trade practices. The respondent, Bal Krishna was famous all over North India for his sell export quality hosiery at extremely low prices wherein he sold goods worth Rs. 210/- for as low as Rs. 15/-The Commission received complaints from consumers who reported that they were being cheated into buy ing sub-standard goods. The Commission then put a restraining order against Bal Krishna from organizing any such promotion ventures. In addition, the Commission also advised newspapers against carrying any such misleading advertisements.123.3 PerformanceThe MRTP Commissions performance fuck be understood by looking at the data which shows the functioning of the Commission in its last phase ( process 2007), depicting the slew of inquiries commissioned and reliefs awarded.A) Under Restrictive Trade PracticesFigure 1 Enquiries Considered and accustomed of by MRTP Commission as of 31.12.2004 (RTP)SOURCE Computed from data available at- Pradeep S. Mehta, CUTS International, A Functional Competition Policy for India, p. 47, Academic Foundation, New Delhi 2005.13B) Under Unfair Trade PracticesFigure 2 Enquiries Considered and Disposed of by MRTP Commission as of 31.12.2004 (UTP)SOURCE Computed from data available at- Pradeep S. Mehta, CUTS International, A Functional Competition Policy for India, p. 47, Academic Foundation, New Delhi 2005.144. MRTP AND INDUSTRIAL GROWTH RATE ANALYSISThe objective of this project is to analyse the performance of the MRTP Act, 1969 and then establish why it had to be replaced by a newer Competition Act, 2002. For this purpose, and to establish the shortcomings of the MRTP, we will now consider the Industrial Production Growth enjoins during the period starting from 1951 till 2007 (the year MRTP was formally declargond to be dysfunctional) and then draw conclusions by contrasting between the stricter regime, pre-1991 reforms and the post-1991 reforms phase of industrial development.4.1 Industrial Growth straddle 1951-1980Table 1 ANNUAL GROWTH RATES OF INDUSTRIAL takings IN INDEX NOS., 1951-1980.Use-Based or Function Classification1951-551955-601960-651965-741974-791979-801. Basic Goods4.712.110.46.58.4-0.52. detonating device Goods9.813.119.62.65.7-2.33. Intermediate Goods7.86.36.93.04.31.94. Consumer Goods4.84.44.93.45.5-4.4(a) Durables6.26.85.6(b) Non-Durables2.85.4-6.1GENERAL INDEX5.77.29.04.16.1-1.6SOURCE (1) Government of India, Handbook of Industrial Statistics, 1992, Table 50, p.150 S. L. Shetty, Structural Retrogression in the Indian Economy since the Mid-1960s, Economic and Political Weekly, Special Supplement, 1978, Table 4, p. 9. (2) Accessed in S. K. Misra and V. K. Puri, Economic purlieu of Businees, 5th ed, p. 399, Himalaya Publishing House, 2008. Available at NALSAR Law Library4.2 Industrial Growth Rate 1981-1991Table 2 ANNUAL GROWTH RATES OF INDUSTRIAL exertion IN INDEX NOS., 1981-1991.Use-Based or Function Classification1981-851985-901990-911. Basic Goods8.77.43.82. hood Goods6.214.817.43. Intermediate Goods6.06.46.14. Consumer Goods5.17.310.4(a) Durables14.311.614.8(b) Non-Durables3.86.49.4GENERAL INDEX6.48.58.3SOURCE (1) Government of India, Handbook of Industrial Statistics, 1992, Table 50, p.150 S. L. Shetty, Structural Retrogression in the Indian Economy since the Mid-1960s, Economi c and Political Weekly, Special Supplement, 1978, Table 4, p. 9. (2) Accessed in S. K. Misra and V. K. Puri, Economic Environment of Businees, 5th ed, p. 400, Himalaya Publishing House, 2008. Available at NALSAR Law Library4.3 Industrial Growth Rate 1992-2007Table 3 ANNUAL GROWTH RATES OF INDUSTRIAL work IN INDEX NOS., 1981-1991.Use-Based or Function Classification1992-93 to 1996-971997-98 to 1996-971997-98 to 2001-022002-03 to 2006-071. Basic Goods6.84.16.66.72. slap-up Goods8.94.714.415.73. Intermediate Goods8.55.86.22.54. Consumer Goods6.65.59.612.0(a) Durables13.410.78.815.3(b) Non-Durables4.83.810.011.0GENERAL INDEX7.45.08.28.2SOURCE (1) For Column 2, Government of India, Economic Survey, 2000-01, Box 7.1, p.130 For Column 3, RBI, Handbook of Statistics on Indian Economy, 2000, Table 199, p. 409 For All Columns 1 4, Government of India, Economic Survey, 2004-05, Table 7.2, p.142 RBI, Handbook of Statistics on Indian Economy, 2006-07, Table 237, p. 606 and Table 238, p. 607. (2) Accessed in S. K. Misra and V. K. Puri, Economic Environment of Businees, 5th ed, p. 401, Himalaya Publishing House, 2008. Available at NALSAR Law Library4.4 Comparison of the bodsNow basing on the above data-set, the researcher would now proceed to draw slightly inferences while considering the economic and social conditions overriding at the corresponding time in India.4.4.1 Phase of 1951-19801) If one observes closely, the general index (G.I.), the time-band of 1951-55 shows an impressive figure of 5.7 (impressive because India had just gotten independence and was taking its foundational steps in setting up the economy). This rate moves positively as we trace the G.I till the year 1965- where it reaches a peak of 9.0. This is the phase where the Indian economy was cont trilled by a handful of big vexation houses, and the government was struggling with its licensing and controlling policies- even in the absence of many an check(prenominal) players, the industry saw a sha rp growth.2) However, as we move on to the year 1965-76 we see a sharp course to 4.1 accompanied by sharp falls in the index of basic goods, capital goods and average goods. This is the phase where the unfettered growth of the few business houses could not be controlled and the market had started showing monopolistic trends- and showing locomote indexes.More importantly, during the same phase, MRTP was introduced in the year 1969. Though it was implemented to control any monopolistic trends by preventing concentration of wealth in the hands of the few and catalyse competition in the market, it clearly failed in the initial years. The market did not react in a positive manner- the government had started with its nationalization and strict licensing policy. Some economists were of the view that in that location was a considerable slackening of real investment and this was followed by a decline in private-investment as well. This has been attributed to blemish of stimulus for inve stment, and this possibly stems from the strict regime of MRTP, 1969.15In addition, opposite reasons bear also be adduced to the fall in the index. Among themWars fought in 1965 and 1971Drought conditions in some of the years between 1965-71Oil crisis of 19733) Though the new policy was slowly starting to yield results, however the growth never authentically happened and this is evident from the negative trend observed in the phase 1979-80. It only changed after the New Industrial Policy of 1984 which is discussed contiguous.4.4.3 Phase of 1981-19911) The phase of 1981-85 shows a positive growth, in contrast to the preceding decade primarily because of the 1984 reforms. This broadened investment crosswise the public and private sectors, while some level of deregulation was allowed. Most importantly, the cap on MRTP firms (which were subject to special regulation) was annexd, which resulted in the more number of small-sized firms to be free from government regulation- thus, in t urn leading to an make up in the production of consumer goods- particularly durables. Thus, the loosening of government apprehend on small businesses was returning dividends to the consumers.The Industrial Policy of 1984 made the well-nigh significant changes to the Indian market- it reduced the domestic barriers to entry and expansion to blast a measure of competition in domestic industry, simplifying the procedures and providing easier access to crack technology and intermediate material imports.162) Also, this was the phase when the Green Revolution was pliable positive results and the agricultural sector was seeing a manifold increase in production.2) This growth rate was successfully sustained over the prox(a) decade till the time preceding 1990. However, parallel to this growth was the increase in govt. spending deficit. India had reached a stage where it could lend no more- its immaterial Reserves had dried up and investment in all forms had or so ceased. This was the time when India took the mammoth step of Liberalization with the New Policy Reforms of 1991.4.4.3 Post 1991 Reforms1) The New Policy Reforms of 1991 brought intimately a host of changes to the Indian economy. The most major change being Liberalization- opening up of the market in accordance with the WTO Regime. This not only clear the gates of foreign investment but also brought near domestic policy changes in the licensing and regulation scenario.2) The coarseest change in the market was that made to the MRTP Act. Prior to the 1991 Reforms, a total of 1,854 undertakings were registered under the MRTP Act- of these, 1787 belonged to large industrial houses and remaining 67 were preponderating undertakings.17The New Industrial Policy, 1991 now scrapped the assets limit for MRTP companies- this meant doing away with the requirement of introductory approval from Central government for establishing new undertakings, expansions, mergers, amalgamations and takeovers.Thus, the ch anges brought almost in the 1991 Reforms opened up the market in more ways than one. And hence, one can safely conclude that keeping with Indias liberalization, MRTP had become undesirable, rather, an obstacle to the growth boloney and thus, had to undergo multiple amendments in the period following the 1991 Reforms.In the adjacent chapter, the researcher will continue with this line of thought and bring about the different shortcomings of the MRTP and how it finally came to be replaced.5. SHORTCOMINGS OF MRTPContinuing from the last chapter, we cave in observed by comparing the industrial data that over the course of 4 decades from the time MRTP was enacted, the industry reacted in manners not suitable to the consumer. In this chapter, the researcher will discuss the opposite facets relating to the problems associated with the MRTP.5.1 Anti-Welfaristic ResultsThough the MRTP was enforced with the aim of distribution of resources and leveraging of competition in the market, th e desired results could not be obtained. Rather, the market conditions turned out to be hostile for the consumer, and small-businesses and big-businesses alike, were subjected to excessive control. The heightened governmental control, where new undertakings and ventures were severely restrained by complex procedures, created conditions wherein the firms, existing and new, found it difficult to survive and thus, could not give back any benefits to the consumer.5.2 mingy ProvisionsThe Act aimed at abolishing all acts which were anti-competition. The Act, over the years became very active in taking on firms head-on to make them stand in line with the provisions of the Act. The provisions, though aimed at benefitting the consumers and the industrial growth, oft played out tough- and the stringent provisions did not benefit anyone.For instance, the concept of Predatory Pricing, which is still a marketing policy adopted by companies to ask an edge over their competitors, was handed dow n heavily by the MRTP Commission. Predatory Pricing is defined as pricing a good or service infra the cost of production of the good or service, with the objective of driving a competitor out of trade or to discipline him and thereby achieve elimination of competition.18This is a means for a firm with strong market power to eliminate new(prenominal) competitors and then, obtain the market.This is effectively an anti-competitive mechanism, however, it can also be used to ram competition i.e. it can be effectively used to establish a strong competitive market. Examples are ripe in the current market where there are strong competitive conditions for the firms- they have to dole out quality at the best price to keep themselves established in the market, differently other(a) competitive firms will drive them out of business. Examples beingA) Tide, a detergent that was introduced in the Indian market in 2000 was successful in breaking into a market which was strongly held by Surf (s o oftentimes so, that households used to use Surf as a generic term for any kind of detergent). Tide used strong pricing, backed by its robust parent company, predatory in nature, to quickly grab a large market luck for itself. It offered quality detergent at a price than the other existing detergents. This in turn made the other companies lower their price and offer better quality. Hence, the consumer emerged the winner from this competitive trend between the detergent makers.B) Tata Docomo, a mobile service provider that rolled out only 2 years back in the Indian market, entered at a time when there were established players in the market like Airtel, Reliance and state-run BSNL. But Docomo with its pricing policy which was unlike the prevailing market conditions, offered calling rates which changed the pulse. The market prior to the arrival of Docomo was based on per/minute charges, but Docomo came up with a per/second policy- thus, forcing other established players to also offe r similar rates. Though such outline was predatory in nature, but it helped in establishing a more competitive market which only went onto help the customers.Thus, the point that the researcher is trying to drive home is that such predatory pricing is not necessarily anti-competitive but rather an agent to bring about better options for the consumer. Hence, this is more just in terms of consumers welfare.However, the MRTP Commission took up a strong case against such pricing and though it aimed at benefitting the market by ensuring fair competition, it instead closed down on the benefits to the customers. Hence, what was then required is a strong, case-by-case basis of handling and not absolute ban on predatory pricing.5.3 Ambiguity in LawThe MRTP Act, 1969 contained only one crabbed section, Section 2(o) to cover all anti-competition practices- defining Restrictive Trade Practice as a trade practice which prevents, distorts or restricts competition and thus, by defining it inOrc as Study of Habitat, Types and Social BehavioursOrcas Study of Habitat, Types and Social Behaviours fundamentCalled hunt down orca monster hunt by the Spanish sailors, and also as violent death demon to The Haida of British Columbia. Whatever it called, mariners have long been astonished by the talent of the large black and snow-covered dolphins know as Orcas, or orca track downs. The biggest members of the dolphin family, Orcas are one of the most iconic species of electric fan which other marine mammals like whales and porpoises. They are apex predators with no other animals that pursuit them, except for humans. sea wolf whales as a species have a sundry diet, although individual population often specialize in detail fictional characters of stone pit. Some fertilise exclusively on fish, while other hunt marine mammal. killer whales can be found though out all oceans from the tropical seas to the freezing Arctic and Antarctic.What is Ontology?Ontology is a theory that relates all the related surrounding to show the relations of the information which concern about the existing organisms in the surrounding. It also related to the metaphysics that is a philosophy start that deals with a principles that is the first and relates all the concepts likes cause, time, space, being and many more. A part from that, ontology is like a mind map to show how the flow of the invigoration or the nature of being. It will relate to each other and makes others more understand the concept of this philosophy. Moreover, a controlled vocabulary must be use in forming the ontology as will show the relation of one tidings to another. If not, the ontology structure might not give the user understanding and it will be less valuable. It will be shown in queries of information that get together with each other. Furthermore, a controlled vocabulary terms is a must as to the show the accurate definitions and facilitate the accurate and consistent information.TaxonomyK ingdom animal kingdomPhylum ChordataClass MammaliaOrder CetaceaFamily DelphinidaeGenus genus OrcinusSpecies OrcaTypesThere are three types of orcas may be placeable enough to be considered as different subspecies. The three types may differ in familials, behaviour, morphology, and ecology. A genetic study suggests that these subspecies has been died from others grampus whales for approximately 750,000 years, which evolution cause them to change separately from each other and creating distinctly physical appearance from each others.Main Types nonmigratorys Killer giant starsThe most ordinarily perceive of the three populations. Resident Killer hulks are noticeably different from both transient and off bound forms. The dorsal fin is rounded at the tip and curved and tapering, or falcate. Resident whales have a variety of saddle patch pigmentations with five different patterns recognized. Theyve been sighted from California to Russia. Resident whales primarily eat fish.Residen t killer whale whales in the North Pacific consist of populations gray occupiers, Northern residents, sulfurern Alaska residents, westbound Alaska North Pacific residents.Resident type killer whales proceed in large social groups termed pods, which are defined to be groups of whales that are seen in association with one another greater than 50% of the time. The pods represent collections of matrilines (a materfamilias and all her descendents), which have been found to be the stable social unit.The Southern Resident killer whale population contains three podsJ, K, and L podsconsidered one stock under the Marine Mammal Protection Act (MMPA) and as a distinct population segment (therefore, species) under the Endangered Species Act (ESA).Their range during the spring, summer, and fall includes the inland waterways of Puget Sound (Washington state),Strait of Juan de Fuca (boundary between the unite States and Canada), and Southern Georgia Strait (between Vancouver Island and Briti sh Columbia, Canada).Their occurrence has also been authenticated in the coastal waters off of, Oregon, primaeval California, and Queen Charlotte Islands. relatively little is known about the winter movements and range of the Southern Resident stock. Southern Residents have not been observed associating with other resident whales, and genetic data suggest that Southern Residents rarely, if ever, interbreed with other killer whale populations.Transients Killer WhalesThese subspecies occur throughout the eastern North Pacific, and have primarily been studied in coastal waters. Their geographic range overlaps that of the resident and offshore killer whales. The dorsal fin of transient whales tends to be straighter at the tip than those of resident and offshore whales.6 Saddle patch pigmentation of transient killer whales is restricted to two patterns, and the large areas of black colour dont mix into the clear of the saddle patch that is seen in resident and offshore types. Transien t type whales are often found in long-term stable social units of less than 10 whales, smaller than resident social groups. Transient killer whales feed intimately exclusively on other marine mammals. Transients are also referred to as Biggs killer whale in honour of Michael Bigg, who was a Canadian marine life scientist who is recognized as the founder of modern research on killer whales. The term has become increasingly common and may eventually replace the transient label.Offshores Killer WhalesA third base population of killer whales in the northeast Pacific was discovered in 1988. They are similar to resident whales, but can be gilded mostly by features such as their rounded fins with multiple nicks on the edge, smaller overall size, and tendency for males and females to be more similar in size (less sexual dimorphism)Offshores have the largest geographic range of any killer whale community in the north-eastern Pacific and often occur 15 km or more offshore, but also visit coastal waters and now and again enter protected inshore waters. Animals typically forgather in groups of 20-75 animals with occasional sightings of larger groups up to 200 whales. They are presumed to feed primarily on fish, though they have been documented feed on sharks. Genetic analyses indicate that offshore killer whales are reproductively isolated from other forms of killer whales.Antarctic TypeAntarctic (type A) Killer WhaleA large (perhaps to 9.5m), black and white form killer whale. It migrate to Antarctica during austral (summer) where it forages in open (ice free) waters and feeds mainly on minke whales and occasionally elephant seals. During the winter, It likely migrates to lower latitudes, perhaps to the tropics.Pack Ice (large type B) Killer WhaleA large, two-toned gray and white form with dark cape pattern and very large snapper patch. Often have yellowish run out-of-pocket to diatoms. Circum diametric, it forages mainly in loose pack ice where it aims on ic e seals or Weddell seals, which groups wave-wash off ice ice floes by creating waves with their tails. Occasionally take Minke whales.Gerlache (small type B) Killer WhaleA medium sized, two-toned gray and white form with dark cape pattern and large white eye patch. Often appears yellowish due to diatom infestation. Common around Antarctic Peninsula, especially in Gerlache Strait. Preferred prey unknown but has been feeding on penguins on numerous occasions.Ross Sea (type C) Killer WhaleThe smallest killer whale known. Adults males reach only 6m. A two-toned gray and white form with a dark grey cape, and often colored yellowish by diatom film. pump patch is distinctively narrow and slanted. Occurs deep in the pack ice im eastern Antarctica and feeds on fish. Especially common in the Ross Sea.Subantarctic (type D) Killer WhaleRecently describe form, known from a dozen sightings. Easily recognized by its tiny eye patch, with rounded head, swept back and pointy dorsal fin. Distributed in subantarctic water and sometimes associated with islands. Preferred prey unknown but reportedly steals fish off long-lines.MorphologyA typical killer whale distinctively bears a black back, white chest and sides, and a white patch above and behind the eye. Calves are born with a yellowish or orange tint, which fades to white. It has a heavy and robust body with a large dorsal fin up to 2 m (6.6 ft) tall. Behind the fin, it has a dark grey saddle patch across the back. Antarctic killer whales may have pale grey to nearly white backs. Adult killer whales are very distinctive and are not ordinarily confused with any other sea creature. The killer whales odontiasis are very strong and covered in enamel. Its jaws are a powerful gripping apparatus, as the upper teeth fall into the gaps between the lower teeth when the mouth is closed. The front teeth are inclined slightly forward and outward, thus allowing the killer whale to concur powerful jerking movements from its prey while th e middle and back teeth hold it firmly in place.Killer whales are the largest extant members of the dolphin family. Males typically range from 6 to 8 metres (20 to 26ft) long and weigh in excess of 6 tonnes (5.9 long gobs 6.6 short tons). Females are smaller, generally ranging from 5 to 7m (16 to 23ft) and weighing about 3 to 4 tonnes (3.0 to 3.9 long tons 3.3 to 4.4 short tons).Killer whales have good eyesight above and below the water, excellent hearing, and a good sense of touch. They have exceptionally cultivate echolocation abilities, detecting the location and characteristics of prey and other objects in their environments by emitting clicks and listening for echoes.Life cycleFemale orcas full-blown usually around age 15. Mothers calve, with usually a single offspring, about once every five years after a 17-month pregnancy. In resident pods, births occur at any time of year, although winter is the most common. Mortality is extremely high during the first six to seven months of life, when 3750% of all calves die. Killer whales are protective of their young, and other adolescent females often attend the mother in caring for them.Females breed until age 40, meaning on average they raise five offspring. The lifespans of wild females average 50 years, with a maximum of 8090 years. The females are known to go through menopause and live for decades after they have finished breeding.Males sexually mature at the age of 15, but do not typically cast until age 21. Wild males live around 29 years on average, with a maximum of 5060 years. Captive killer whale lifespans are typically significantly shorter, usually less than 25 years however, numerous individuals are alive in their 30s, and a few have reached their 40s.Range and habitatThe killer whale is the most cosmopolitan of all cetaceans and may be the second-most widely-ranging mammal species on the planet, after humans (Rice 1998). Killer whales can be seen in virtually any marine region, from the equator to polar waters. Although they are generally more common in near shore areas and in higher-productivity areas and/or higher latitudes, there appear to be no hard and fast restrictions of water temperature or depth on their range. The distribution extends too many enclosed or partially-enclosed seas, such as the Mediterranean Sea, Sea of Okhotsk, Gulf of California, Gulf of Mexico, Red Sea, and Persian Gulf. However, there are only extralidmital records from the Baltic Sea and no records from the Black Sea.Killer whales may occur in virtually any marine or estuarial habitat but are most common in areas of high marine productivity, particularly at higher latitudes and near shore (Dahlheim and Heyning 1999 Forney and walk 2006). Sightings range from the surf zone to the open sea. Movements can be extensive. For instance, some killer whales have been documented to have moved between Alaska and central California, a distance of more than 2000 km. In the Antarctic, they readily enter ar eas of floe ice in search of prey (Pitman and Ensor 2003). Killer whales in some areas congregate seasonally in coastal channels to forage and occasionally enter river mouths.PopulationAlthough the available data are far from complete, copiousness prognosticates for the areas that have been sampled provide a minimum worldwide abundance estimate of about 50,000 killer whales. It is likely that the total abundance is higher, because estimates are not available for many high-latitude areas of the northern hemisphere and for large areas of the South Pacific, South Atlantic, and Indian Ocean. However, this population abundance refers to several forms of killer whales that may be recognized as different species or subspecies in the future (Reeves et al. 2004).BehavioursSocial structureUnlike other animals, orcas or killer whales are momentous for their complex societies. Besides human, the only other animals with this complex socials structure are elephants and due to their complexity, many of the marine experts are unease about how humane it is to keep orcas in captive situations.Resident killer whales have a complex yet stable social grouping system. various from other mammal species, resident live their mother for their entire lives. As females could reach age of 90, they could be as many as iv generation traveling together forming matrilineal which is very stable. Individuals sometimes separate for only a few hours at a time for conjunction or forage.Pods, form from loose aggregations of closely related matrilineal which commonly consist of one to four or five matrilineal. Pods may separate for weeks or months at a time, unlike matrilines. One research shows that desoxyribonucleic acid testing shows that resident males almost always mate with females from other pods.The next rank of resident socials structure is Clans which composed of pods with same dialect. They often change with pods from different clans as the clan ranges overlap. The final rank of rel ationship is called community. It is see as a set of clans that frequently commingle, although they do not share vocal patterns.VocalizationsSame as other cetaceans, orcas depends heavily on subsurface sounds for orientation, feeding and communication. Clicks, whistles and pulsed called are the three categories of sounds they produced. Clicks are believed to be used primarily for navigations and discerning prey and other object in the surrounding environment. It is also commonly heard during social interactions.DialectsOrcas dialects are different between pods due to the similarity of the call differentiate one pod from the other. Dialects are usually generated within the orcas birth pod. Differences between dialects can be not only between pods but between ecotypes, which are specialized populations within a species that have a geographical and genetic vari force. acquaintanceAfter the sperm whale, orcas have the second-heaviest brains among marine mammals. They have been traine d in captivity and described as intelligent. Orcas also often impersonate others, and count to intentionally teach skills to their younger pod members. People and marine biologist have interacted closely with orcas numerous times and said that the orcas show playfulness, curiosity, and ability to solve problems.HuntingAs apex predators, there is nothing that can stop them from hunting and preying on everything. They will eat anything, but not always willingly.Hunting strategies and preySalmonsThe main diet of resident orcas but they will hunt and eat smaller and deeper-dwelling fish if they have to. The deary of the resident orcas is the Chinooks salmons as it has been observed that it make up 65% of all the salmons consumed. Resident also eats lingcod, halibut, squid and other types of fish.WhalesBetter known as killer whales, its this prey which gave them the disreputable name. Orcas have dined on whales in all shape and sizes. They will attack eventually anything even the large st animal in the world, the blue whale. But the common victim to this wolves of the sea is the Minke whale. Other whales documented to be attacked by orcas are Fin, Humpbacks, Grey, Bowhead, Sei and even the fearful Sperm whales. Orcas also often hunt the fragile whale calf. Individuals of the pods take turn tiring the calf by blocking it form re-surfacing to breather witch will slowing suffocate and eventually drowning the calf, while the other distract the mother. They often will only eat the lips and tongue, and let the whale body to sink. In the far north, belugas and narwhals are also have been preyed upon.Porpoises and dolphinsPorpoises are faster swimmer than the orcas making it harder to catch. Hunted by the Transients attacks, they cooperate by letting one orca to chase the porpoises to flea straightway into the pod. Once caught, the orcas will launch the porpoises out of the water by smasher them with their tails. Once too injured to swim away, the orcas will strip the porpoises down to their bones and lungs. Same technique has been observed to be used on bottlenose dolphins. Orcas also use direct chase to catch the dolphins.SharksWith great intelligent, the orcas have figured out to goes above and beyond other oceans notorious predator, the sharks. There even recorded documentary of the Great White falling victim to a pod of orcas. They use their 5-inch-long teeth to grab hold of the sharks fins and turn it upside down underwater witch cause alert immobility that leaving the shark to suffocate within minutes as they need to move to breath. After the shark had suffocated, then the orcas would start feeding on it.Sea lions, leopard seals, and penguinsOrcas have many techniques to catch these preys. The most spectacular is using the wave as cover to caught prey off guard on the beach. Next technique is wave-hunting where orcas will spy-hop to locate any prey on ice floes, and then swim in groups to create waves that washes the prey off the ice and into the water where other orcas lie to snatch the prey. other method of hunting for orcas is waiting until the prey come to them. They wait at edges of the ice for unsuspecting prey that want to enter the water or slips and fall into the water.