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Monopolies and Restrictive Trade Practices Act, 1969

[Act No. 54 of Year 1969]

Contents

Sections

Particulars

Chapter I

Preliminary

1

Short title, extent and commencement

2

Definitions

2A

Power of Central Government to decide certain matters

3

Act not to apply in certain cases

4

Application of other laws not barred

Chapter II

Monopolies And Restrictive Trade Practices Commission

5

Establishment and constitution of the Commission

6

Terms of office, conditions of service, etc. of members

7

Removal of members from office in certain circumstances

8

Appointment of Director General, etc. and staff of the Commission

9

Salaries, etc. to be defrayed out of the Consolidated Fund of India

10

Inquiry into monopolistic or restrictive trade practices by Commission

11

Investigation by Director General before issue of process in certain cases

12

Powers of the Commission

12A

Power of the Commission to grant temporary injunctions

12B

Power of the Commission to award compensation

12C

Enforcement of the order made by the Commission under section 12A or 12B

13

Orders of the Commission may be subject to conditions, etc.

13A

Power of the Commission to cause investigation to find out whether or not orders made by it have been complied with

13B

Power to punish for contempt

14

Orders where party concerned does not carry on business in India

15

Restriction of application of orders in certain cases

16

Sittings of the Commission

17

Hearing to be in public except in special circumstances

18

Procedure of the Commission

19

Orders of the Commission to be noted in the register

Chapter III

Concentration Of Economic Power

 

[Part A consisting sections 20 to 26 and words "Part B", omitted by Act No. 58 of 1991 s.8(a) and s. 8(b) respectively, w.e.f. 27th. September, 1991]

27

Division of undertakings

27A

Power of the Central Government to direct severance of inter-connection between undertakings

27B

Manner in which order made under section 27 or section 27 As shall be carried out

Chapter IV

Monopolistic Trade Practices

31

Investigation by Commission of monopolistic trade practices

32

Monopolistic trade practice to be deemed to be prejudicial to the public interest except in certain cases

Chapter V

Restrictive Trade Practices And Unfair Trade Practices

33

Registrable agreements relating to restrictive trade practices

34

Registrar of restrictive trade agreements

35

Registration of agreements

36

Keeping the register

36A

Definition of unfair trade practice

36B

Inquiry into unfair trade practices by Commission

36C

Investigation by Director General before an issue of process in certain cases

36D

Powers which may be exercised by the Commission inquiring into an unfair trade practice

36E

Power relating to restrictive trade practices may be exercised or performed in relation to unfair trade practices

Chapter VI 

Control Of Certain Restrictive Trade Practices

37

Investigation into restrictive trade practices by Commission

38

Presumption as to the public interest

39

Special conditions for avoidance of conditions for maintaining resale prices

40

Prohibition of other measures for maintaining resale prices

41

Power of Commission to exempt particular classes of goods from sections 39 and 40

Chapter VII

Power To Obtain Information And Appoint Inspectors

42

Power of 32[Director General] to obtain information

43

Power to call for information

44

Power to appoint Inspectors

Chapter VIII 

Offences And Penalties

45

[Omitted by Act No. 58 of 1991, s. 17, w.e.f. 27th. September, 1991]

46

Penalty for contravention of 54[* * *] section 27

47

[Omitted by Act No. 58 of 1991] s. 17, w.e.f. 27th. September, 1991]

48

Penalty for failure to register agreements

48A

Penalty for contravention of order made under section 27B or for possession of property sold to any person under section 27B

48B

Penalty for contravention of section 27B

48C

Penalty for contravention of order made by Commission relating to unfair trade practices

49

Penalty for offences in relation to furnishing of information

50

Penalty for offences in relation to orders under the Act

51

Penalty for offences in relation to resale price maintenance

52

Penalty for wrongful disclosure of information

52A

Penalty for contravention of any condition or restriction, etc.

52B

Penalty for making false statement in application, returns, etc.

53

Offences by companies

Chapter IX 

Miscellaneous

54

Power of Central Government to impose conditions, limitations and restrictions on approvals, etc. given under the Act

55

Appeals

56

jurisdiction of courts to try offences

57

Cognizance of offences

58

Magistrate's power to impose enhanced penalties

59

Protection regarding statements made to the Commission

60

Restriction on disclosure of information

61

Power of the Central Government to require the Commission to submit a report

62

Reports of the Commission to be placed before Parliament

63

Members, etc. to be public servants

64

Protection of action taken in good faith

65

Inspection of, and extracts from, the register

66

Power to make regulations

67

Power to make rules

 

Foot Notes

 

An Act to provide that operation of the economic system does not result in the concentration of economic power to the common detriment, for the control of monopolies, for the prohibition of monopolistic and restrictive trade practices and for matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Twentieth Year of the Republic of India as follows:



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