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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.....

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 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 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 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 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 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 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 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 36D

Title: Powers Which May Be Exercised by the Commission Inquiring into an Unfair Trade Practice

State: Central

Year: 1969

.....time specified by the Commission as may be necessary to ensure that the trade practice is no longer prejudicial to the public interest or to the interest of a consumer or consumers generally, and in any such case, if the Commission is satisfied that necessary steps have been taken within the time so specified, it may decide not to make any order under this section in respect of that trade practice. (3) No order shall be made under sub-section (1) in respect of any trade practice which is expressly authorised by any law for the time being in force. ________________________ 1. The word "and" omitted by Act 58 of 1991, section 16 w.r.e.f. 27-9-1991. 2. Inserted by Act 58 of 1991, section 16 w.r.e.f. 27-9-1991.