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Monopolies and Restrictive Trade Practices Act, 1969 Preamble 1

Title: The Monopolies and Restrictive Trade Practices Act, 1969

State: Central

Year: 1969

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:-

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 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.....

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 1

Title: Preliminary

State: Central

Year: 1969

(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 1as the Central Government may, 2[by notification], appoint. ________________________ 1. Came into force on 1-6-1970, vide S.O. 1981, dated 30th May, 1970, published in the Gazette of India, Extra., 1970, P. II, Section 3 (ii), pg. 833. 2. Substituted by Act 30 of 1984, section 2, for "by notification in the Official Gazette" w.e.f. 1-8-1984. Section 2 - 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 section 5; 1 [(c)"Director General" means the Director General of Investigation and Registration appointed under section 8, and includes any Additional, Joint, Deputy or Assistant Director General of Investigation and Registration appointed under that section;] .....

Monopolies and Restrictive Trade Practices Act, 1969 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1969

(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 1as the Central Government may, 2[by notification], appoint. ________________________ 1. Came into force on 1-6-1970, vide S.O. 1981, dated 30th May, 1970, published in the Gazette of India, Extra., 1970, P. II, Section 3 (ii), pg. 833. 2. Substituted by Act 30 of 1984, section 2, for "by notification in the Official Gazette" w.e.f. 1-8-1984.

Monopolies and Restrictive Trade Practices Act, 1969 Section 2

Title: Definitions

State: Central

Year: 1969

.....or not) which is formed for the purpose of furthering the trade interests of its members or of persons represented by its members; (u) "trade practice" means any practice relating to the carrying on of any trade, and includes- (i) anything done by any person which controls or affects the price charged by, or the method of trading of, any trader or any class of traders, (ii) a single or isolated action of any person in relation to any trade; 44 [(v) "undertaking" means an enterprise which is, or has been, or is proposed to be, engaged in the production, storage, supply, distribution, acquisition or control of articles or goods, or the provision of services, of any kind, either directly or through one or more of its units or divisions, whether such unit or division is located at the same place where the undertaking is located or at a different place or at different places. Explanation I.-In this clause,- (a) "article" includes a new article and "service" includes a new service; (b) "unit" or "division", in relation to an undertaking includes,- (i) a plant or factory established for the production, storage, supply, distribution, acquisition or control of any.....

Monopolies and Restrictive Trade Practices Act, 1969 Section 5

Title: Establishment and Constitution of the Commission

State: Central

Year: 1969

(1) For the purposes of this Act, the Central Government shall establish, 1 [by notification], a Commission to be known as the Monopolies and Restrictive Trade Practices Commission which shall consist of a Chairman and not less than two and not more than eight other members, to be appointed by the Central Government. (2) The Chairman of the Commission shall be a person who is, or has been or is qualified to be, a Judge of the Supreme Court or of a High Court and the members thereof shall be persons of ability, integrity and standing who have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to Economics Law, Commerce, Accountancy, Industry, Public Affairs or Administration. (3) Before appointing any person as a member of the Commission, the Central Government shall satisfy itself that the person does not, and will not, have, any such financial or other interest as is likely to affect prejudicially his functions as such member. ________________________ 1. Substituted by Act 30 of 1984, section 2, for "by notification in the Official Gazette" w.e.f. 1-8-1984.

Constitution of India Article 305

Title: Saving of Existing Laws and Laws Providing for State Monopolies

State: Central

Year: 1950

1[ 305 . Saving of existing laws and laws providing for State monopolies Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955 , in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause (ii) of clause ( 6 ) of article 19 .] ________________________ 1. Substituted by the Constitution (Fourth Amendment) Act, 1955, section 4, for article 305.

Competition Act, 2002 Chapter 9

Title: Miscellaneous

State: Central

Year: 2002

..... 1. Effective from 19.06.2003 by Notification No. SO 715 (E) Dated 19.06.2003. 2. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words "the Commission", w.e.f. 12.10.2007. Section 58 - Chairperson, Members, Director General, Secretary, officers and other employees etc., to be public servants 2[58. Chairperson, Members, Director General, Secretary, officers and other employees etc., to be public servants.-- The Chairperson and other Members and the Director General, Additional, Joint, Deputy or Assistant Directors General and Secretary and officers and other employees of the Commission and the Chairperson, Members, officers and other employees of the Appellate Tribunal shall be deemed, while acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.] _______________________ 1. Effective from 19.06.2003 by Notification No. SO 715 (E) Dated 19.06.2003. 2. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] w.e.f. 12.10.2007. Prior to substitution it read as: .....