Monopolies and Restrictive Trade Practices Act, 1969
[Act No. 54 of Year 1969]
| Contents | |
| Sections | Particulars |
| 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 |
| 6 | Terms of office, conditions of service, etc. of members |
| 7 | Removal of members from office in certain circumstances |
| 8 | Appointment of Director General, etc. and staff of the Commission |
| 9 | Salaries, etc. to be defrayed out of the Consolidated Fund of India |
| 10 | Inquiry into monopolistic or restrictive trade practices by Commission |
| 11 | Investigation by Director General before issue of process in certain cases |
| 12 | Powers of the Commission |
| 12A | Power of the Commission to grant temporary injunctions |
| 12B | Power of the Commission to award compensation |
| 12C | Enforcement of the order made by the Commission under section 12A or 12B |
| 13 | Orders of the Commission may be subject to conditions, etc. |
| 13A | Power of the Commission to cause investigation to find out whether or not orders made by it have been complied with |
| 13B | Power to punish for contempt |
| 14 | Orders where party concerned does not carry on business in India |
| 15 | Restriction of application of orders in certain cases |
| 16 | Sittings of the Commission |
| 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 |
| [Part A consisting sections 20 to 26 and words "Part B", omitted by Act No. 58 of 1991 s.8(a) and s. 8(b) respectively, w.e.f. 27th. September, 1991] | |
| 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 27 As shall be carried out |
| 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 public interest except in certain cases |
| Chapter V | Restrictive Trade Practices And Unfair Trade Practices |
| 33 | Registrable agreements relating to restrictive trade practices |
| 34 | Registrar of restrictive trade agreements |
| 35 | Registration of agreements |
| 36 | Keeping the register |
| 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 |
| 36D | Powers 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 |
| 37 | Investigation into restrictive trade practices by Commission |
| 38 | Presumption as to the public interest |
| 39 | Special conditions for avoidance of conditions for maintaining resale prices |
| 40 | Prohibition of other measures for maintaining resale prices |
| 41 | Power of Commission to exempt particular classes of goods from sections 39 and 40 |
| Chapter VII | Power To Obtain Information And Appoint Inspectors |
| 42 | Power of 32[Director General] to obtain information |
| 43 | Power to call for information |
| 44 | Power to appoint Inspectors |
| Chapter VIII | Offences And Penalties |
| 45 | [Omitted by Act No. 58 of 1991, s. 17, w.e.f. 27th. September, 1991] |
| 46 | Penalty for contravention of 54[* * *] section 27 |
| 47 | [Omitted by Act No. 58 of 1991] s. 17, w.e.f. 27th. September, 1991] |
| 48 | Penalty for failure to register agreements |
| 48A | Penalty for contravention of order made under section 27B or for possession of property sold to any person under section 27B |
| 48B | Penalty for contravention of section 27B |
| 48C | Penalty for contravention of order made by Commission relating to unfair trade practices |
| 49 | Penalty for offences in relation to furnishing of information |
| 50 | Penalty for offences in relation to orders under the Act |
| 51 | Penalty for offences in relation to resale price maintenance |
| 52 | Penalty for wrongful disclosure of information |
| 52A | Penalty for contravention of any condition or restriction, etc. |
| 52B | Penalty for making false statement in application, returns, etc. |
| 53 | Offences by companies |
| Chapter IX | Miscellaneous |
| 54 | Power of Central Government to impose conditions, limitations and restrictions on approvals, etc. given under the Act |
| 55 | Appeals |
| 56 | jurisdiction of courts to try offences |
| 57 | Cognizance of offences |
| 58 | Magistrate's power to impose enhanced penalties |
| 59 | Protection regarding statements made to the Commission |
| 60 | Restriction on disclosure of information |
| 61 | Power of the Central Government to require the Commission to submit a report |
| 62 | Reports of the Commission to be placed before Parliament |
| 63 | Members, etc. to be public servants |
| 64 | Protection of action taken in good faith |
| 65 | Inspection of, and extracts from, the register |
| 66 | Power to make regulations |
| 67 | Power to make rules |
| Foot Notes | |
An Act to provide that 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: