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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.....

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Maharashtra (Vidarbha Region) Agricultural Debtors Relief Act, 1969 Complete Act

State: Maharashtra

Year: 1969

MAHARASHTRA (VIDARBHA REGION) AGRICULTURAL DEBTORS RELIEF ACT, 1969 MAHARASHTRA (VIDARBHA REGION) AGRICULTURAL DEBTORS RELIEF ACT, 1969 18th April 1969 An Act to provide for the relief of certain agricultural debtors in the Vidarbha region of the State of Maharashtra. WHEREAS, it is expedient to provide for the relief of certain agricultural debtors in the Vidarbha region of the State of Maharashtra ; It is hereby enacted in the Twentieth Year of the Republic of India as follows :- CHAPTER 01: PRELIMINARY SECTION 01: SHORT TITLE, EXTEND AND COMMENCEMENT (1) This Act may be called the Maharashtra (Vidarbha Region) Agricultural Debtors Relief Act, 1969. (2) It extends to the Vidarbha region of the State of Maharashtra. (3) It shall be deemed to have come into force on the 7th day of March 1969. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires, (1) "award" means an award made under sub-section (4) of sec. 6 or section 7 or 23 or as confirmed or modified by the Court in appeal; (2) "Code" means the Maharashtra Land Revenue Code, 1966 ; (3) "Court" means the court of the Civil Judge(Senior Division) having ordinary jurisdiction in the area.....

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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.....

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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;] .....

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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.....

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Monopolies and Restrictive Trade Practices Act, 1969 Section 33

Title: Registrable Agreements Relating to Restrictive Trade Practices

State: Central

Year: 1969

.....or market for the disposal of the goods; (h) any agreement not to employ or restrict the employment of any method, machinery or process in the manufacture of goods; (i) any agreement for the exclusion from any trade association of any person carrying on or intending to carry on, in good faith the trade in relation to which the trade association is formed; (j) any agreement to sell goods at such prices as would have the effect of eliminating competition or a competitor; 2 [(ja) any agreement restricting in any manner, the class or number of wholesalers, producers or suppliers from whom any goods may be bought; (jb) any agreement as to the bids which any of the parties thereto may offer at an auction for the sale of goods or any agreement whereby any party thereto agrees to abstain from bidding at any auction for the sale of goods;] (k) any agreement not herein before referred to in this section which the Central Government may, 3 [by notification], specify for the time being as being one relating to a restrictive trade practice within the meaning of this sub-section pursuant to any recommendation made by the Commission in this behalf; (l) any agreement to enforce the.....

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The Substituted by the Tamil Nadu Adaptation Order 1969 [ Tamil Nadu ] Village Courts Act, 1858 Complete Act

State: Tamil Nadu

Year: 1969

.....to time withdraw any village or area from its operation and cancel such notification. 2. Repealed by Section 3 (2) of the Repealing and Amending Act, 1901 Central Act XI of 1901 3. Application of Act to suits or decrees pending " All suits pending in the courts of village munsifs at the time of this Act coming into force shall be deemed to have been instituted under this Act, and all decrees passed by village munsifs before such date may be executed under the provisions hereinafter contained relating to execution of decrees passed under this Act. 4. Procedure for suits and decree pending in area withdrawn from Act " When any village or area is withdrawn from the operation of this Act, all suits pending in a village court therein shall be heard and determined, and all decrees passed by such court and remaining unexecuted shall be executed by the Civil Court which, if the suit were about to be instituted, would have jurisdiction to try it. Such suits shall be tried and such decrees shall be executed as suits instituted in, and decrees passed by, such civil court. 5. Interpretation clause " In this Act, unless there be something repugnant in the subject or context " .....

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Monopolies and Restrictive Trade Practices Act, 1969 Section 38

Title: Presumption as to the Public Interest

State: Central

Year: 1969

.....to become engaged in the trade or business of selling such goods or of producing or selling similar goods) resulting or likely to result from the operation of the restriction. (2) In this section "purchases", "consumers" and "users" include persons purchasing, consuming or using for the purpose or in course of trade or business or for public purposes; and references in this section to any one person include references to any two or more persons being inter-connected undertakings or individuals carrying on business in partnership with each other. ________________________ 1. The word "or" omitted by Act 30 of 1984, section 32 w.e.f. 1-8-1984. 2. Inserted by Act 30 of 1984, section 32 w.e.f. 1-8-1984.

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Monopolies and Restrictive Trade Practices Act, 1969 Section 40

Title: Prohibition of Other Measures for Maintaining Re-sale Prices

State: Central

Year: 1969

.....which he normally supplies those goods to other dealers carrying on business in similar circumstances; or (c) treats a dealer, in spite of a contract with such dealer for the supply of goods, in a manner less favourable than that in which he normally treats other dealers in respect of time or methods of delivery or other matters arising in the performance of the contract. (4) A supplier shall not be deemed to be withholding supplies of goods on any of the grounds mentioned in sub-section (1), if, in addition to that ground, he has any other ground which alone would entitle him to withhold such supplies. Explanation I.-"Re-sale price", in relation to sale of goods of any description, means any price notified to the dealer or otherwise published by or on behalf of the supplier of the goods in question (whether lawfully or not) as the price or minimum price which is to be charged on, or is recommended as appropriate for, a sale of that description or any price prescribed or purporting to be prescribed for that purpose by any contract or agreement between the wholesaler or retailer and any such supplier. Explanation II.-A wholesaler or retailer is said to use goods as loss.....

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Maharashtra Minor Forest Produce (Regulation of Trade) Act, 1969 Complete Act

State: Maharashtra

Year: 1969

.....units, and in so doing regard shall be had amongst other things, to (a) prices of the respective minor forest produce obtained or fixed under this Act, or any enactment during the preceding three years in respect of the area comprised in the unit; (b) the quality of the minor forest produce grown in the unit; (c) transport facilities available in the unit; (d) the cost of transport; and (e) the general level of wages for unskilled labour prevalent in the unit. SECTION 08: OPENING OF DEPOTS AND PUBLICATION OF PRICE LIST, ETC, AT DEPOT There shall be set up in each unit such number of depots, and at such places, as the State Government may, taking into consideration the convenience of the growers of the respective minor forest produce, direct; and a price list of such produce fixed by the State Government under section 7 and the hours of business shall be prominently displayed on a notice board kept for the purpose at every such depot. SECTION 09: STATE GOVERNMENT OR AGENT TO PURCHASE MINOR FOREST PRODUCE (1) The State Government or its authorised officer or agent shall be bound to purchase at the price fixed under section 7 minor forest produce offered for sale at the depot.....

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