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Trade Monopolies and Restrictive Trade Practices Act, 1969

(Act No. 54 of 1969)        

Contents

Sections

Particulars

 

Preamble

1

Short title, extent and commencement

2

Definitions

2A

Power of Central Government to decided certain matters.

3

Act not to apply in certain cases

4

Application of other laws not barred

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 to India

10

Inquiry Into Monopolistic or Restrictive trade practices by commission

11

Investigation by Director General before issue of process in certain

12

Power 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 1

13

Orders of 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 order 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

20

Undertakings to which this part applies - Omitted by the MRTP (Amendment)

21

Expansion of undertakings - Omitted by the MRTP (Amendment) Act, 1991

22

Establishment of new undertakings - Omitted by the MRTP (Amendment)

22A

Power to exempt - Omitted by the MRTP (Amendment) Act, 1991

23

Merger, Amalgamation and take over - Omitted by the MRTP (Amendment)

24

Merger, Amalgamation and take over in contravention to Section 23

25

Directors undertakings not to be appointed Directors of other under

26

Registration of undertakings to which part a applies - Omitted

27

Division of undertakings

27A

Power of the Central Government to Direct Severance of Inter-Connection

27B

Manner in which order made under Section 27 or Section 27A

28

Matters to be considered by the Central Government before according

29

Opportunity of being heard - Omitted by the MRTP (Amendment) Act, 1991

30

Time within which action should be taken - Omitted by the MRTP (Amendment)

30A

Application of Chapter - Omitted by the MRTP (Amendment) Act, 1991

30B

Restrictions on the Acquisition of Certain shares. - Omitted by the MRTP (Amendment) Act, 1991

30C

Restriction on transfer of shares - Omitted by the MRTP (Amendment) Act, 1991

30D

Restriction on the transfer of shares of foreign companies - Omitted by the MRTP (Amendment) Act, 1991

30E

Power of the Central Government to Direct companies not to give effect

30F

Time within which refusal to be communicated - Omitted by the MRTP (Amendment) Act, 1991

30G

Nothing in sections 30B to 30E to apply to Government Companies Etc

31

Investigation by Commission of monopolistic trade practices

32

Monopolistic trade practice to be deemed to be prejudicial to the published

33

Registrable Agreements relating to restrictive trade practices

34

Registrar of restrictive trade agreements - Repealed by the MRTP (Amendment) Act, 1991

35

Registration of Agreements

36

Keeping the Register

36A

Definition of unfair trade practice

36B

Inquiry into unfair trade practice by commission

36C

Investigation by Director General before an issue of process in certain

36D

Powers which may be exercised by the commission inquiring into an unfair

36E

Power relating to restrictive trade practices by commission

37

Investigation into Restrictive trade practices by commission

38

Presumption as to the public interest

39

Special Conditions for Avoidance of conditions for maintaining

40

Prohibition of other measures of maintaining resale prices

41

Power of commission to exempt particular classes of goods from section

42

Power of [Director General] to obtain information

43

Power to call for information

44

Power to appoint inspectors

45

Penalty for contravention of Section 21 - Omitted by the MRTP (Amendment) Act, 1991

46

Penalty for Contravention of Section 27

47

Penalty for Contravention of Section 25 - Omitted by the MRTP (Amendment) Act, 1991

48

Penalty for failure to register agreements

48A

Penalty for contravention of order made under Section 27B or for possession

48B

Penalty for contravention of Section 27B

48C

Penalty for contravention of order made by commission relating

49

Penalty for offences in relation to furnishing of information

50

Penalty or 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, return, etc.

53

Offences by companies

54

Power of Central Government to impose Conditions, Limitation

55

Appeals

56

Jurisdiction of Courts to try offences

57

Cognizance of offences

58

Magistrates Power to impose enhanced penalties - Repealed by the MRTP

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

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

Schedule

Schedule I

Schedule II



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