Bare Act Search Results

Monopolies and Restrictive Trade Practices Act, 1969 Chapter 4

Title: Monopolistic Trade Practices

State: Central

Year: 1969

.....of any service by it and fixing the terms of sale (including prices) or supply thereof; (b) prohibiting the undertaking from resorting to any act or practice or from pursuing any commercial policy which prevents or lessens, or is likely to prevent or lessen, competition in the 6 [production, storage, supply] or distribution of any goods or provision of any services; (c) fixing standards for the goods used or produced by the undertaking; (d) declaring unlawful, except to such extent and in such circumstances as may be provided by or under the order, the making or carrying out of any such agreement as may be specified or described in the order; (e) requiring any party to any such agreement as may be so specified or described to determine the agreement within such time as may be so specified, either wholly or to such extent as may be so specified; 7 [(f) regulating the profits which may be derived from the production, storage, supply, distribution or control of goods or from the provision of any service; (g) regulating the quality of any goods or the provision of any service so that the standards thereof may not deteriorate.] 7 [(4) Whenever any order is made by.....

Monopolies and Restrictive Trade Practices Act, 1969 Section 31

Title: Investigation by Commission of Monopolistic Trade Practices

State: Central

Year: 1969

.....of any service by it and fixing the terms of sale (including prices) or supply thereof; (b) prohibiting the undertaking from resorting to any act or practice or from pursuing any commercial policy which prevents or lessens, or is likely to prevent or lessen, competition in the 6 [production, storage, supply] or distribution of any goods or provision of any services; (c) fixing standards for the goods used or produced by the undertaking; (d) declaring unlawful, except to such extent and in such circumstances as may be provided by or under the order, the making or carrying out of any such agreement as may be specified or described in the order; (e) requiring any party to any such agreement as may be so specified or described to determine the agreement within such time as may be so specified, either wholly or to such extent as may be so specified; 7 [(f) regulating the profits which may be derived from the production, storage, supply, distribution or control of goods or from the provision of any service; (g) regulating the quality of any goods or the provision of any service so that the standards thereof may not deteriorate.] 7 [(4) Whenever any order is made by.....

Monopolies and Restrictive Trade Practices Act, 1969 Section 10

Title: Inquiry into Monopolistic or Restrictive Trade Practices by Commission

State: Central

Year: 1969

JURISDICTION ,POWERS AND PROCEDURE OF THE CORPORATION 10. Inquiry into monopolistic or restrictive trade practices by Commission.- The Commission may inquire into- (a) any restrictive trade practice- (i) upon receiving a complaint of facts which constitute such practice 1[from any trade association or from any consumer or a registered consumer association, whether such consumer is a member of that consumers' association or not], or (ii) upon a reference made to it by the Central Government or a State Government, or (iii) upon an application made to it by the 2[Director General], or (iv) upon its own knowledge or information, (b) any monopolistic trade practice, upon a reference made to it by the Central Government 3[or upon an application made to it by the Director General] or upon its own knowledge or information. ________________________ 1. Substituted by Act 74 of 1986, section 3, for certain words w.e.f. 1-6-1987. 2. Substituted by Act 30 of 1984, section 2 for "Registrar" w.e.f. 1-8-1984. 3. Inserted by Act 58 of 1991, section 3 w.r.e.f. 27-9-1991.

Monopolies and Restrictive Trade Practices Act, 1969 Section 32

Title: Monopolistic Trade Practice to Be Deemed to Be Prejudicial to the Public Interest Except in Certain Cases

State: Central

Year: 1969

1 [32. Monopolistic trade practice to be deemed to be prejudicial to the public interest except in certain cases.- For the purposes of this Act every monopolistic trade practice shall be deemed to be prejudicial to the public interest, except where- (a) such trade practice is expressly authorised by any enactment for the time being in force, or (b) the Central Government, being satisfied that any such trade practice is necessary- (i) to meet the requirements of the defence of India or any part thereof, or for the security of the State; or (ii) to ensure the maintenance of supply of goods and services essential to the community; or (iii) to give effect to the terms of any agreement to which the Central Government is a party, by a written order, permits the owner of any undertaking to carry on any such trade practice.] ________________________ 1. Substituted by Act 30 of 1984, section 25, for section 32 w.e.f. 1-8-1984.

Monopolies and Restrictive Trade Practices Act, 1969 Complete Act

State: Central

Year: 1969

.....specify in this behalf;] 15[(e) "goods" means goods as defined in the Sale of Goods Act, 1930(3 of 1930)-, and includes,- (i) products manufactured, processed or mined in India; 17 [(ii) shares and stocks including issue of shares before allotment;] (iii) in relation to goods supplied, distributed or controlled in India, goods imported into India;] (ee)16[***] 18 [(ef) "group" means a group of- (i) two or more individuals, associations of individuals, firms, trusts, trustees or bodies corporate (excluding financial institutions), or any combination thereof, which exercises, or is established to be in a position to exercise, control, directly or indirectly, over any body corporate, firm or trust; or (ii) associated persons. (III) where any person is an associated person in relation to another, the latter shall also be deemed to be an associated person in relation to the former;] (f) "India" means, for the purposes of this Act, the territories to which this Act extends; (ff)19[**] (fff)19[***] (g) "inter-connected undertakings" means two or more undertakings which are inter-connected with each other in any of the following manner, namely:- (i) if one owns or controls.....

Monopolies and Restrictive Trade Practices Act, 1969 Chapter 2

Title: Monopolies and Restrictive Trade Practices Commission

State: Central

Year: 1969

.....trade practices by Commission.- The Commission may inquire into- (a) any restrictive trade practice- (i) upon receiving a complaint of facts which constitute such practice 1[from any trade association or from any consumer or a registered consumer association, whether such consumer is a member of that consumers' association or not], or (ii) upon a reference made to it by the Central Government or a State Government, or (iii) upon an application made to it by the 2[Director General], or (iv) upon its own knowledge or information, (b) any monopolistic trade practice, upon a reference made to it by the Central Government 3[or upon an application made to it by the Director General] or upon its own knowledge or information. ________________________ 1. Substituted by Act 74 of 1986, section 3, for certain words w.e.f. 1-6-1987. 2. Substituted by Act 30 of 1984, section 2 for "Registrar" w.e.f. 1-8-1984. 3. Inserted by Act 58 of 1991, section 3 w.r.e.f. 27-9-1991. Section 11 - Investigation by Director General before issue of process in certain cases JURISDICTION ,POWERS AND PROCEDURE OF THE CORPORATION 1[11. Investigation by Director General before.....

Monopolies and Restrictive Trade Practices Act, 1969 Section 12A

Title: Power of the Commission to Grant Temporary Injunctions

State: Central

Year: 1969

.....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.

Monopolies and Restrictive Trade Practices Act, 1969 Chapter 6

Title: Control of Certain Restrictive Trade Practices

State: Central

Year: 1969

.....the prices at which the goods are sold by retail would, in general and in the long run, be increased to the detriment of the public as such consumers or users, or (c) any necessary services actually provided in connection with or after the sale of goods by retail would cease to be so provided or would be substantially reduced to the detriment of the public as such consumers or users. (2) On a reference under this section in respect of goods of any class which have been the subject of proceedings before the Commission under section 31, the Commission may treat as conclusive any evidence of fact made in those proceedings. ________________________ 1. Substituted by Act 30 of 1984, section 2, for "Registrar" w.e.f. 1-8-1984.

Monopolies and Restrictive Trade Practices Act, 1969 Section 37

Title: Investigation into Restrictive Trade Practices by Commission

State: Central

Year: 1969

.....anything contained in this Act if the Commission, during the course of an inquiry under sub-section (1), finds that 1[the owner of any undertaking is indulging in monopolistic trade practices], it may, after passing such orders under sub-section (1) or sub-section (2) with respect to the restrictive trade practices as it may consider necessary, submit the case along with its findings thereon to the Central Government 2[***] for such action as that Government may take under section 31. ________________________ 1. Substituted by Act 30 of 1984, section 31 for "a monopolistic undertaking is indulging in restrictive trade practices" w.e.f. 1-8-1984. 2. The words "with regard to any monopolistic trade practice" omitted by Act 30 of 1984, section 31 w.e.f. 1-8-1984.

Monopolies and Restrictive Trade Practices Act, 1969 Complete Act

Title: Monopolies and Restrictive Trade Practices Act, 1969

State: Central

Year: 1969

..... Section49 - Penalty for offences in relation to furnishing of information Section50 - Penalty for offences in relation to orders under the Act Section51 - Penalty for offences in relation to resale price maintenance Section52 - Penalty for wrongful disclosure of information Section52A - Penalty for contravention of any condition or restriction, etc Section52B - Penalty for making false statement in application, returns, etc Section53 - Offences by companies Chapter 9 Section54 - Power of Central Government to impose conditions, limitations and restrictions on approvals, etc., given under the Act Section55 - Appeals Section56 - Jurisdiction of courts to try offences Section57 - Cognizance of offences Section58 - [***] Section59 - Protection regarding statements made to the Commission Section60 - Restriction on disclosure of information Section61 - Power of the Central Government to require the Commission to submit a report Section62 - Reports of the Commission to be placed before Parliament Section63 - Members, etc., to be public servants Section64 - Protection of action taken in good faith Section65 - Inspection of, and extracts from, the register .....