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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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