The monopolies and restrictive trade practices act,1969 (Bare Act)/ Universal Law Publishing

THE MONOPOLIES AND RESTRICTIVE TRADE
PRACTICES ACT, 1969
Introduction
I Sections
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
2A. Power of Central Government to decide certain matters
3. Act not to apply in certain cases
4. Application of other laws not barred

CHAPTER II
MONOPOLIES AND RESTRICTIVE TRADE
PRACTICES COMMISSION
5. Establishment and constitution of the Commission . . . l4
6. Terms of office, conditions of service, etc., of members . . 14
7. Removal of members from office in certain circumstances . . 15
8. Appointment of Director General, etc., and staff of the Commission . 16
9. ^Salaries, etc. to be defrayed out of the Consolidated Fund of India . 16
JURISDICTION, POWERS AND PROCEDURE OF THE COMMISSION
10. Inquiry into monopolistic or restrictive trade practices by Commission 16
11. Investigation by Director General before issue of process in certain cases 17
12. Powers of the Commission . . . 17
12A. Power of the Commission to grant temporary injunctions . . 18
12B. Power of the Commission to award compensation . . . 19
12C. Enforcement of the order made by the Commission under section 12A or 12B . . 20
13. Orders of Commission may be subject to conditions, etc. . . 20
13A. Power of the Commission to cause investigation to find out whether or not orders made by it have been complied with . . 20
13B. Power to punish for qpntempt . . 21
14. Orders where party concerned does not carry on business in India . 21
15. Restriction of application of orders in certain cases . . 21
16. Sittings of the Commission . . . 22
i
17. Hearing to be in public except in special circumstances
18. Procedure of the Commission
19. Orders of the Commission to be noted in the register
CHAPTER III
CONCENTRATION OF ECONOMIC POWER
20 to 26. [Omitted]
27. Division of undertakings
27A. Power of the Central Government to direct severance of inter-connection between undertakings
27B. .Manner in which order made under section 27 or section 27A
shall be.carried out
28 to 30. [Omitted] " .
30A to30G. [0/niHerf]
CHAPTER IV
MONOPOLISTIC TRADE PRACTICES
31. Investigation by Commission of monopolistic trade practices
32. Monopolistic trade practice to be deemed to be prejudicial to the publicinteresl except in certain cases
CHAPTER V
RESTRICTIVE TRADE PRACTICES AND UNFAIR TRADE PRACTICES
PARTA
Registration of Agreements Relating to Restrictive TYade Practices
33. Registrable agreements relating to restrictive trade practices
34. [Omitted]
35. Registration of agreements
36. Keeping the register
PARTS
Unfair Ti-ade Practices
36A, Definition of unfair trade practice .
- 36B. Inquiry into unfair trade practices by Commission 36C. Investigation by Director-General before an issue of process in certain cases "" s 36D. Powere which may be exercised by the Commission inquiring into an unfair trade practice *

36E. Power relating to restrictive trade practices may be exercised or performed in relation to unfair trade practices
CHAPTER VI
CONTROL OF CERTAIN RESTRICTIVE TRADE PRACTICES
Investigation into restrictive trade practices by Commission
Presumption as to the public interest
Special conditions for avoidance of conditions for maintaining re-sale prices
Prohibition of other measures for maintaining re-sale prices
Power of Commission to exempt particular classes of goods from sections 39 and 40

CHAPTER VII
POWER TO OBTAIN INFORMATION AND
APPOINT INSPECTORS
Power of Director General to obtain information
Power to call for information
Power to appoint Inspectors
CHAPTER VIII
OFFENCES AND PENALTIES
[Omitted]
Penalty for contravention of section 27
[Omitted]
Penalty for failure to register agreements
Penalty for contravention of order made under section 27B or for possession of property sold to any person under section 27B
Penalty for contravention of section 27B
Penalty for contravention of order made by Commission relating to unfair trade practices
Penalty for offences in relation to furnishing of information
Penalty for offences in relatipn to orders under the Act
Penalty for offences in relation to resale price maintenance
Penalty for wrongful disclosure of information
Penalty for contravention of any condition or restriction, etc..
Penalty for making false statement in application, returns, etc., .
Offences by companies

CHAPTER IX
MISCELLANEOUS Power of Central Government to Impose conditions, limitations and restrictions on approvals, etc., given under the Act Appeals Jurisdiction of courts to try offences . i Cognizance of offences [omitiecl] Proteclion'"regarding statements made to the Commission Restriction on disclosure of information Power of the Central Government to require the Commission to submit a report Reports of the Commission to be placed before Parliament Members, etc., to be public servants Protection of action taken in good faith Inspection of, and extracts from, ihe-register Power to make regulations Power to make rules THE SCHEDULE [Omined\