THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969 [Act No. 54 of 1969] [27th December, 1969] PREAMBLE An Act to provide that the 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:-
View Complete Act List Judgments citing this section(1) Save as otherwise provided in sub-section (2) or elsewhere in this Act, the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force. (2) Notwithstanding anything contained in section 3 or elsewhere in this Act, so much of the provisions of this Act, as relate to matters in respect of which specific provisions exist in the- (i) Reserve Bank of India Act, 1934 (2 of 1934), or the Banking Regulation Act, 1949 (10 of 1949), or (ii) State Bank of India Act, 1955 (23 of 1955), or the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), or (iii) Insurance Act, 1938 (4 of 1938), shall not apply to a banking company, the State Bank of India or subsidiary bank, as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), or an insurer, as the case may be.
View Complete Act List Judgments citing this sectionThe salaries and allowances payable to the members and the administrative expenses, including salaries, allowances and pensions, payable to or in respect of officers and other employees of the Commission, shall be defrayed out of the Consolidated Fund of India.
View Complete Act List Judgments citing this section.....making an investigation under sub-section (1), or sub-section (2), shall be enforced in the same manner as if it were an order or requisition made by an Inspector appointed under section 240 or section 240A of the Companies Act, 1956 (1 of 1956), and any contravention of such order or requisition shall be punishable in the same manner as if it were an order or requisition made by an Inspector appointed under the said section 240 or section 240.] ________________________ 1. Substituted by Act 30 of 1984, section 8, for section 11 w.e.f. 1-8-1984. 2. Substituted by Act 50 of 1991, section 8 for section 11 w.e.f. 1-8-1984. 3. The words "sub-clause (iii) of clause (a) of" omitted by Act 58 of 1991, section 4 w.r.e.f. 27-9-1991.
View Complete Act List Judgments citing this section.....in relation to which such inquiry is being made or which the owner of such undertaking may be required to produce in such inquiry, are being, or may be, destroyed, mutilated, altered, falsified or secreted, it may, by a written order, authorise any officer of the Commission to exercise the same powers of entry, search and seizure in relation to the undertaking, or the books or papers, aforesaid as may be exercised by the Director General while holding a preliminary investigation under section 11.] ________________________ 1. Inserted by Act 58 of 1991 section 5 w.r.e.f. 27-9-1991. 2. Substituted by Act 58 of 1991, section 5, for "and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898)" w.e.f. 27-9-1991. 3. Inserted by Act 30 of 1984, section 9 w.e.f. 1-8-1984.
View Complete Act List Judgments citing this section.....be construed as a reference to an inquiry before the Commission.] 2[Explanation I.-For the purposes of this section an inquiry shall be deemed to have commenced upon the receipt by the Commission of any complaint, reference or as the case may be, application or upon its own knowledge or information reduced to writing by the Commission. Explanation II.-For the removal of doubts, it is hereby declared that the power of the Commission with respect to temporary injunction includes power to grant a temporary injunction without giving notice to the opposite party.] ________________________ 1. Inserted by Act 30 of 1984, section 10 w.e.f. 1-8-1984. 2. Inserted by Act 58 of 1991, section 6 w.r.e.f. 27-9-1991.
View Complete Act List Judgments citing this sectionJURISDICTION ,POWERS AND PROCEDURE OF THE CORPORATION 1[12C. Enforcement of the order made by the Commission under section 12A or 12B. - Every order made by the Commission under section 12A granting a temporary injunction or under section 12B directing the owner of an undertaking or other person to make payment of any amount, may be enforced by the Commission in the same manner as if it were a decree or order made by a court in a suit pending therein and it shall be lawful for the Commission to send, in the event of its inability to execute it, such order to the court within the local limits, of whose jurisdiction,- (a) in the case of an order against a company, the registered office of the company is situated, or (b) in the case of an order against any other person, the place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated, and thereupon the court to which the order is so sent shall execute the order as if it were a decree or order sent to it for execution.] ________________________ 1. Inserted by Act 30 of 1984, section 10 w.e.f. 1-8-1984.
View Complete Act List Judgments citing this sectionJURISDICTION, POWERS AND PROCEDURE OF THE CORPORATION 13. Orders of Commission may be subject to conditions, etc.- (1) In making any order under this Act, the Commission may make such provisions not inconsistent with this Act, as it may think necessary or desirable for the proper execution of the order and any person who commits a breach of or fails to comply with any obligation imposed on him by any such provision shall be deemed to be guilty of an offence under this Act. (2) Any order made by the Commission may be amended or revoked at any time in the manner in which it was made. (3) An order made by the Commission may be general in its application or may be limited to any particular class of traders or a particular class of trade practice or a particular trade practice or a particular locality.
View Complete Act List Judgments citing this sectionJURISDICTION ,POWERS AND PROCEDURE OF THE CORPORATION 1[13A. Power of the Commission to cause investigation to find out whether or not orders made by it have been complied with. - (1) The Commission may, if it has any reasonable cause to believe that any person has omitted or failed to comply with any order made by it under this Act or any obligation imposed on him by or under any order made by the Commission under this Act, authorise the Director General or any officer of the Commission to make an investigation into the matter and the Director General, or the officer so authorised, may, for the purpose of making such investigation, exercise all or any of the powers conferred on the Director General by section 11. (2) On the conclusion of the investigation, the Director General, or, as the case may be, the officer so authorised, shall submit to the Commission a report of the investigation to enable the Commission to take such action in the matter as it may think fit.] ________________________ 1. Inserted by Act 30 of 1984, section 11 w.e.f. 1-8-1984.
View Complete Act List Judgments citing this sectionJURISDICTION, POWERS AND PROCEDURE OF THE CORPORATION 14. Orders where party concerned does not carry on business in India.- Where any practice substantially falls within 1 [monopolistic, restrictive or unfair, trade practice, relating to the production, storage, supply,] distribution or control of goods of any description or the provision of any services and any party to such practice does not carry on business in India, an order may be made under this Act with respect to that part of the practices which is carried on in India. ________________________ 1. Substituted by Act 30 of 1984, section 12 for certain words w.e.f. 1-8-1984.
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