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

MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969 MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969 54 of 1969 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:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Monopolies and Restrictive Trade Practices Act, 1969. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may,1[by notification], appoint. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "agreement" includes any arrangement or understanding, whether or not it is intended that such agreement shall be enforceable (apart from any provision of this Act) by legal proceedings ; (b) "Commission" means the Monopolies and Restrictive Trade Practices Commission established under.....

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

.....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. Section 38 - Presumption as to the public interest (1) For the purposes of any proceedings before the Commission under section 37, a restrictive trade practice shall be deemed to be prejudicial to the public interest unless the Commission is satisfied of any one or more of the following circumstances, that is to say- (a) that the restriction is reasonably necessary having regard to the character of the goods to which it applies, to protect the public against injury (whether to persons or to premises) in connection with the consumption, installation or use of those goods; (b) that the removal of the restriction would deny to the public as purchasers, consumers or users of any goods, other specific and substantial benefits or advantages enjoyed or likely to be enjoyed by them as such, whether.....

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

.....1 Section1 - Short title, extent and commencement Section2 - Definitions Section2A - Power of Central Government to decide certain matters Section3 - Act not to apply in certain cases Section4 - Application of other laws not barred Chapter 2 Section5 - Establishment and constitution of the Commission Section6 - Terms of office, conditions of service, etc., of members Section7 - Removal of members from office in certain circumstances Section8 - Appointment of Director General, etc., and staff of the Commission Section9 - Salaries, etc. to be defrayed out of the Consolidated Fund of India Section10 - Inquiry into monopolistic or restrictive trade practices by Commission Section11 - Investigation by Director General before issue of process in certain cases Section12 - Powers of the Commission Section12A - Power of the Commission to grant temporary injunctions Section12B - Power of the Commission to award compensation Section12C - Enforcement of the order made by the Commission under section 12A or 12B Section13 - Orders of Commission may be subject to conditions, etc Section13A - Power of the Commission to cause investigation to find out whether or not orders.....