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 section 5-;

(c)2["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;]

(d)3["dominant undertaking" means-4[***] 

5[( iii) an undertaking which, by itself or along with inter-connected undertakings produces, supplies, distributes or otherwise controls not less than one-fourth of the total goods that are produced, supplied or distributed in India or any substantial part thereof; or]

(iv) an undertaking which provides or otherwise controls not less than one-fourth of any services that are rendered in India or any substantial part thereof].

6[***]

(i) the average annual production of the goods, or the average annual value of the services provided, by the undertaking during the relevant period; and

(ii) the figures published by such authority as the Central Government may, by notification, specify, with regard to the total production of such goods made, or the total value of such services provided, in India or any substantial part thereof during the relevant period.]-

(i) the total goods13[***] that are produced in India by that undertaking; or

(ii) the total goods13[***] that are produced, supplied or distributed in India or any substantial part thereof;]

14[(da) "financial institution" means,- 

(i) a public financial institution specified in or under section 4A of the Companies Act, 1956 (1 of 1956)-;

(ii) a State Financial, Industrial or Investment Corporation;

(iii) the State Bank of India or a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);

(iv) a nationalised bank, that is to say, a corresponding new bank as defined in section 2-of- 

(i)the Banking Companies (Acquisition and Transfer of Under- takings) Act, 1970 (5 of 1970)-; or

(ii)the Banking Companies (Acquisition and Transfer of Under- takings) Act, 1980 (40 of 1980)-;

(v) the General Insurance Corporation of India established in pursuance of the provisions of section 9 of the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972)-;

(vi) the Industrial Reconstruction Corporation of India; or

(vii) any other institution which the Central Government may, by notification, specify in this behalf;]

15[(e) "goods" means goods as defined in the Sale of Goods Act, 1930(3 of 1930)-, and includes,- 

(i) products manufactured, processed or mined in India;

17        [(ii) shares and stocks including issue of shares before allotment;]

(iii) in relation to goods supplied, distributed or controlled in India, goods imported into India;]

(ee)16[***]

18        [(ef) "group" means a group of- 

(i) two or more individuals, associations of individuals, firms, trusts, trustees or bodies corporate (excluding financial institutions), or any combination thereof, which exercises, or is established to be in a position to exercise, control, directly or indirectly, over any body corporate, firm or trust; or

(ii) associated persons.

(III) where any person is an associated person in relation to another, the latter shall also be deemed to be an associated person in relation to the former;]

(f) "India" means, for the purposes of this Act, the territories to which this Act extends;

(ff)19[**]

(fff)19[***]

(g) "inter-connected undertakings" means two or more undertakings which are inter-connected with each other in any of the following manner, namely:- 

(i) if one owns or controls the other,

(ii) where the undertakings are owned by firms, if such firms have one or more common partners,

20[(iii) where the undertakings are owned by bodies corporate,- 

(a) if one body corporate manages the other body corporate, or

(b) if one body corporate is a subsidiary of the other body corporate, or

(c) if the bodies corporate are under the same management, or

(d) if one body corporate exercises control over the other body corporate in any other manner;]

(iv) where one undertaking is owned by a body corporate and the other is owned by a firm, if one or more partners of the firm,- 

(a) hold, directly or indirectly, not less than fifty per cent of the shares, whether preference or equity, of the body corporate, or

(b) exercise control, directly or indirectly, whether as director or otherwise, over the body corporate,

(v) if one is owned by a body corporate and the other is owned by a firm having bodies corporate as its partners/if such bodies corporate are under the same management21[***],

(vi) if the undertakings are owned or controlled by the same person or22[by the same group],

(vii) if one is connected with the other either directly or through any number of undertakings which are inter-connected undertakings within the meaning of one or more of the foregoing sub-clauses.

23[Explanation I: For the purposes of this Act,24[two bodies corporate], shall be deemed to be under the same management,-

(i) if one such body corporate exercises control over the other or both are under the control of the same group or any of the constituents of the same group; or

(ii) if the managing director or manager of one such body corporate is the managing director or manager of the other; or

(iii) if one such body corporate holds not less than25[one-fourth] of the equity shares in the other or controls the composition of not less than25[one-fourth] of the total membership of the board of directors of the other; or

(iv) if one or more directors of one such body corporate constitute, or at any time within a period of six months immediately preceding the day when the question arises as to whether such bodies corporate are under the same management, constituted 26[(whether independently or together with relatives of such directors or the employees of the first mentioned body corporate) one-fourth of the directors of the other; or]

(v) if the same individual or individuals belonging to a group, while holding (whether by themselves or together with their relatives) not less than25[one-fourth] of the equity shares in one such body corporate also hold (whether by themselves or together with their relatives) not less than25[one-fourth] of the equity shares in the other; or

(vi) if the27[same body corporate or bodies corporate belonging to a group, holding, whether independently or along with its or their subsidiary or subsidiaries, not less than one-fourth of the equity shares] in one body corporate, also hold not less than25[one-fourth] of the equity shares in the other; or

(vii) if not less than28[one-fourth] of the total voting power29[in relation to] each of the two bodies corporate is exercised or controlled by the same individual (whether independently or together with his relatives) or the same body corporate (whether independently or together with its subsidiaries); or

(viii) if not less than28[one-fourth] of the total voting power29in relation to] each of the two bodies corporate is exercised or controlled by the same individuals belonging to a group or by the same bodies corporate belonging to a group, or jointly by such individual or individuals and one or more of such bodies corporate; or

(ix) if the directors of the one such body corporate are accustomed to act in accordance with the directions or instructions of one or more of the directors of the other, or if the directors of both the bodies corporate are accustomed to act in accordance with the directions or instructions of an individual, whether belonging to a group or not.

Illustration Undertaking B is inter-connected with undertaking A and undertaking C is inter-connected with undertaking B. Undertaking C is inter- connected with undertaking A; if undertaking D is inter-connected with undertaking C, undertaking D will be inter-connected with undertaking B and consequently with undertaking A: and so on.

(gg)31[***]

(h) "member" means a member of the Commission;

(i) "monopolistic trade practice" means a trade practice which has, or is likely to have, the effect of,- 

(i)32[maintaining the prices of goods or charges for the services] at an unreasonable level by limiting, reducing or otherwise, controlling the production, supply or distribution of goods of any description or the supply of any services or in any other manner,

(ii) unreasonably preventing or lessening competition in the production, supply or distribution of any goods or in the supply of any services,

( iii) limiting technical development or capital investment to the common detriment or allowing the quality of any goods produced, supplied or distributed, or any service rendered, in India to deteriorate;

33[(iv) increasing unreasonably,- 

(a) the cost of production of any goods; or

(b) charges for the provision, or maintenance, of any services;

(v) increasing unreasonably,- 

(a) the prices at which goods are, or may be, sold or re-sold, or the charges at which the services are, or may be, provided; or

(b) the profits which are, or may be, derived by the production, supply or distribution (including the sale or purchase) of any goods or by the provision of any services;

(vi) preventing or lessening competition in the production, supply or distribution of any goods or in the provision or maintenance of any services by the adoption of unfair methods or unfair or deceptive practices;]

34[(j) "notification" means a notification published in the Official Gazette:

(ja) "owner", in relation to an undertaking, means an individual, Hindu undivided family, body corporate or other association of individuals, whether incorporated or not, or trust (whether public or private or whether religious or charitable) who or which owns or controls, the whole or substantially the whole of such undertaking, and includes any associated person who is a constituent of a group and who has the ultimate control over the affairs of such undertaking;]

(k) "prescribed" means prescribed by rules made under this Act;

(l) "price", in relation to the sale of any goods or to the performance of any services, includes every valuable consideration, whether direct or indirect, and includes any consideration which in effect relates to the sale of any goods or to the performance of any services although ostensibly relating to any other matter or thing;

35(ll) "produce" includes manufacture and all its grammatical variations and cognate expressions shall be construed accordingly;]

(m) "register" means the register kept by the36[Director General] under section 36-;

37[(n) "registered consumers' association" means a voluntary association of persons registered under the Companies Act, 1956 (I of 1956)-, or any other law for the time being in force which is formed for the purpose of protecting the interest of consumers generally and is recognised by the Central Government as such association on an application made in this behalf in such form and such manner as may be prescribed;]

(o) "restrictive trade practice" means a trade practice which has, or may have, the effect of preventing, distorting or restricting competition in any manner and in particular,- 

(i) which tends to obstruct the flow of capital or resources into the stream of production, or

(ii) which tends to bring about manipulation of prices,' or conditions of delivery or to affect the flow of supplies in the market relating to goods or services in such planner as to impose on the consumers unjustified costs or restrictions;

(p) "retailer", in relation to the sale of any goods, includes every person, other than a wholesaler, who sells the goods to any other person; and in respect of the sale of goods by a wholesaler, to any person for any purpose other than re-sale, includes that wholesaler;

(q)38[***]

(r) "service" means service of any description which is made available to potential users and includes the provision of facilities in connection with39[banking, financing, insurance,40[chit fund, real estate,] transport, processing, supply of electrical or other energy, boarding or lodging or both, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.40 [Explanation: For the removal of doubts, it is hereby declared that any dealings in real estate shall be included and shall be deemed always to have been included within the definition of "service";]

(s) "trade" means any trade, business, industry, profession or occupation relating to the production, supply, distribution or control of goods and includes the provision of any services ;

(t) "trade association" means a body of persons (whether incorporated 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 ;

41[(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. 

(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 article or goods;

(ii) any branch or office established for the provision of any service.

(x) "wholesaler", in relation to the sale of any goods, means a person who44[sells the goods, either in bulk or in large quantities, to any person for the purposes of re-sale, whether in bulk or in the same or smaller quantities;]

(y) words and expressions used but not defined in this Act and defined in the Companies Act, 1956(1 of 1956)-, have the meanings respectively assigned to them in that Act.

SECTION 02A: POWER OF CENTRAL GOVERNMENT TO DECIDE CERTAIN MATTERS

If any question arises as to whether,-

(a) two or more individuals, trustees, associations of individuals, firms or bodies corporate or any combination thereof, constitute, or fall within, a group, or

(b) two or more undertakings are inter-connected undertakings within the meaning of this Act, or

(c) two or more bodies corporate are under the same management, the Central Government or where the Board of Company Law Administration, constituted under section 10E of the Companies Act, 1956 (I of 1956)-, is, by notification, authorised so to do by the Central Government, that Board, shall decide such question, after giving to the persons concerned a reasonable opportunity of being heard.]

SECTION 03: ACT NOT TO APPLY IN CERTAIN CASES

Unless the Central Government, 46[by notification] otherwise directs, this Act shall not apply to-

(a) any undertaking owned or controlled by a Government company,

(b) any undertaking owned or controlled by the Government,

(c) any undertaking owned or controlled by a corporation (not being a company) established by or under any Central, Provincial or State Act,

(d) any trade union or other association of workmen or employees formed for their own reasonable protection as such workmen or employees,

(e) any undertaking engaged in an industry, the management of which has been taken over by any person or body of persons in pursuance of any authorisation made by the Central Government under any law for the time being in force,

47[(f) any undertaking owned by a co-operative society formed and registered under any Central, Provincial or State Act relating to cooperative societies,

(g) any financial institution.]47[Explanation: In determining, for the purposes of clause (c), whether or not any undertaking is owned or controlled by a corporation, the shares held by financial institutions shall not be taken into account.]

SECTION 04: APPLICATION OF OTHER LAWS NOT BARRED

(1) Save as otherwise provided in sub-section (2) or elsewhere in this Act, the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.

(2) Notwithstanding anything contained in section 3-or elsewhere in this Act, so much of the provisions of this Act, as relate to matters in respect of which specific provisions exist in the- 

(i)Reserve Bank of India Act, 1934 (2 of 1934)-, or the Banking Regulation Act, 1949 (10 of 1949)-, or

(ii)State Bank of India Act, 1955 (23 of 1955), or the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), or

(iii)Insurance Act, 1938 (4 of 1938)-, shall not apply to a banking company,

the State Bank of India, or a subsidiary bank, as defined in the State Bank of

India (Subsidiary Banks) Act, 1959 (38 of 1959), or an insurer, as the case may be.

SECTION 05: ESTABLISHMENT AND CONSTITUTION OF THE COMMISSION

(1) For the purposes' of this Act, the Central Government shall establish48[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.

SECTION 06: TERMS OF OFFICE, CONDITIONS OF SERVICE, ETC., OF MEMBERS

(1) Every member shall hold office for such period, not exceeding five years, as may be specified by the Central Government in the notification made under sub-section (1) of section 5-, but shall be eligible for reappointment: Provided that no member shall hold office as such for a total period exceeding ten years, or after he has attained the age of sixty-five years, whichever is earlier.

(2) Notwithstanding anything contained in sub-section (1), a member may- 

(a) by writing under his hand and addressed to the Central Government resign his office at any time ;

(b) be removed from his office in accordance with the provisions of section 7-.

(3) A casual vacancy caused by the resignation or removal of the Chairman or any other member of the Commission under sub-section (2) or otherwise shall be filled by fresh appointment.

49[(3A) Where any such casual vacancy occurs in the office of the Chairman of the Commission, the seniormost member of the Commission, holding office for the time being, shall discharge the functions of the Chairman until a person appointed to fill such vacancy assumes the office of the Chairman of the Commission.

(3B) When the Chairman of the Commission is unable to discharge the functions owing to absence, illness or any other cause, the seniormost member of the Commission, if authorised so to do by the Chairman in writing, shall discharge the functions of the Chairman until the day on which the Chairman resumes the charge of his functions.]

(4) No act or proceeding of the Commission shall be invalid by reason only the existence of any vacancy among its members or any defect in the constitution thereof.

(5) The Chairman of the Commission and other members shall receive such remuneration and other allowances and shall be governed by such conditions of service as may be prescribed : Provided that the remuneration of the Chairman or any other member shall not be varied to his disadvantage after his appointment.

(6) In the case of a difference of opinion among the members of the Commission, the opinion of the majority shall prevail and the opinion or orders of the Commission shall be expressed in terms of the views of the majority.

(7) The Chairman of the Commission and50[every other member] shall, before entering upon his office, make and subscribe to an oath of office and of secrecy in such form, insuch manner and before such authority as may be prescribed.

(8)51[The Chairman or any member] ceasing to hold office as such shall not hold any appointment in, or be connected with the management or administration of, any industry or undertaking to which this Act applies for a period of five years from the date on which he ceases to hold such office.

SECTION 07: REMOVAL OF MEMBERS FROM OFFICE IN CERTAIN CIRCUMSTANCES

(1) The Central Government may remove from office any member, who-  

(a) has been adjudged an insolvent, or

(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or

(c) has become physically or mentally incapable of acting as such member, or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member, or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest.

(2) Notwithstanding anything contained in sub-section ( 1 ), no member shall be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court, on a reference being made to it in this behalf by the Central Government, has, on an inquiry held by it in accordance with such procedure as it may specify in this behalf, reported that the member ought, on such grounds, to be removed.

SECTION 08: APPOINTMENT OF DIRECTOR GENERAL, ETC.. AND STAFF OF THE COMMISSION

(1) The Central Government may, by notification, appoint a Director General of Investigation and Registration, and as many Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration, as it may think fit, for making investigation for the purposes of this Act and for maintaining a Register of agreements subject to registration under this Act and for performing such other functions as are, or may be, provided by, or under, this Act.

(2) The Director General may, by written order, authorise one of the Additional, Joint, Deputy or Assistant Directors General to function as the Registrar of agreements subject to registration under this Act.

(3) Every person authorised to function as the Registrar of agreements and every Additional, Joint, Deputy or Assistant Director General shall exercise his powers, and discharge his functions, subject to the general control, supervision and direction of the Director General.

(4) The Central Government may provide the staff of the Commission and may, in addition, make provisions for the conditions of service of the Director General, Additional, Joint, Deputy or Assistant Director General and of the members of the staff of the Commission.

(5) The conditions of service of the Director General or any Additional, Joint, Deputy or Assistant Director General or of any member of the staff of the Commission shall not be varied to his disadvantage after his appointment.]

SECTION 09: SALARIES, ETC., TO BE DEFRAYED OUT OF THE CONSOLIDATED FUND OF INDIA

The salaries and allowances payable to the members and the administrative expenses, including salaries, allowances and pensions, payable to or in respect of officers and other employees of the Commission, shall be defrayed out of the Consolidated Fund of India. Jurisdiction, Powers and Procedure of the Commission

SECTION 10: INQUIRY INTO MONOPOLISTIC OR RESTRICTIVE TRADE PRACTICES BY COMMISSION

The Commission may inquire into-

(a) any restrictive trade practice- 

(i) upon receiving a complaint of facts which constitute such practice53[from any trade association or from any consumer or a registered consumers'  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 the54[Director General], or

(iv) upon its own knowledge or information ;

(b) any monopolistic trade practice, upon a reference made to it by the Central Government55[or upon an application made to it by the Director General] or upon its own knowledge or information.

SECTION 11: INVESTIGATION BY DIRECTOR GENERAL BEFORE ISSUE OF PROCESS IN CERTAIN CASES

57[(1) The Commission may, before issuing any process requiring the attendance of the person against whom an inquiry (other than an inquiry upon an application by the Director General) may be made under section 10-, by an order, require the Director General to make, or cause to be made, a preliminary investigation in such manner as it may direct-and submit a report to the Commission to enable it to satisfy itself as to whether or not the matter requires to be inquired into.]

(2) The Director General may, upon his own knowledge or information or on a complaint made to him, make, or cause to be made, a preliminary investigation in such manner as he may think fit to enable him to satisfy himself as to whether or not an application should be made by him to the Commission under58[***]section 10-.

(3) For the purpose of conducting the preliminary investigation under subsection (1), or sub-section (2), as the case may be, the Director General or any other person making the investigation shall have the same powers as may be exercised by an Inspector under sub-section (2) of section 44-.

(4) Any order or requisition made by a person making an investigation under sub-section (1), or sub-section (2), shall be enforced in the same manner as if it were an order or requisition made by an Inspector appointed under section 240-orsection 240A of the Companies Act, 1956 (1 of 1956)-, and any contravention of such order or requisition shall be punishable in the same manner as if it were an order or requisition made by an Inspector appointed under the said section 240-orsection 240A-.]

SECTION 12: POWERS OF THE COMMISSION

(1) The Commission shall, for the purposes of any inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908)-, while trying a suit, in respect of the following matters, namely:- 

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

(b) the discovery and production of any document or other material object producible as evidence;

(c) the reception of evidence on affidavits ;

(d) the requisitioning of any public record from any court or office ;

(e) the issuing of any commission for the examination of witnesses;

59[(f) the appearance of parties and consequence of non-appearance.]

(2) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193-and228 of the Indian Penal Code (45 of 1860)-, and the Commission shall be deemed to be a civil court for the purposes of section 195-60[and Chapter 26 of the Code of Criminal Procedure, 1973 (2 of 1974)-].

(3) The Commission shall have power to require any person- 

(a) to produce before, and allow to be examined and kept by, an officer of the Commission specified in this behalf, such books, accounts or other documents in the custody or under the control of the person so required as may be specified or described in the requisition, being documents relating to any trade practice, the examination of which may be required for the purposes of this Act; and

(b) to furnish to an officer so specified such information as respect the trade practice as may be required for the purposes of this Act or such other information as may be in his possession in relation to the trade carried on by any other person.

(4) For the purpose of enforcing the attendance of witnesses the local limits of the Commission's jurisdiction shall be the limits of the territory of India.

61[(5) Where, during any inquiry under this Act, the Commission has any grounds to believe that any books or papers of, or relating to any undertaking in relation to which such inquiry is being made or which the owner of such undertaking may be required to produce in such inquiry, are being, or may be, destroyed, mutilated, altered, falsified or secreted, it may, by a written order, authorise any officer of the Commission to exercise the same powers of entry, search and seizure in relation to the undertaking, or the books or papers, aforesaid as may be exercised by the Director. General while holding a preliminary investigation under section 11-.]

SECTION 12A: POWER OF THE COMMISSION TO GRANT TEMPORARY INJUNCTIONS

(1) Where, during an inquiry before the Commission, it is proved, whether by the complainant. Director General, any trader or class of traders or any other person, by affidavit or otherwise, that any undertaking or any person is carrying on, or is about to carry on, any monopolistic or any restrictive, or unfair, trade practice and such monopolistic or restrictive, or unfair, trade practice is likely to affect prejudicially the public interest or the interest of any trader, class of traders or traders generally or of any consumer or consumers generally, the Commission may, for the purposes of staying or preventing the undertaking or, as the case may be, such person from causing such prejudicial effect, by order, grant a temporary injunction restraining such undertaking or person from carrying on any monopolistic or restrictive, or unfair, trade practice until the conclusion of such inquiry or until further orders.

(2) The provisions of rules 2A to 5 (both inclusive) of Order 39 of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908)-, shall, as far as may be, apply to a temporary injunction issued by the Commission under this section, as they apply to a temporary injunction issued by a civil court, and any reference in any such rule to a suit shall be construed as a reference to an inquiry before the Commission.63 [Explanation 1: For the purposes of this section, an inquiry shall be deemed to have commenced upon the receipt by the Commission of any complaint, reference or, as the case may be, application or upon its own knowledge or information reduced to writing by the Commission. Explanation II: For the removal of doubts it is hereby declared that the power of the Commission with respect to temporary injunction includes power to grant a temporary injunction without giving notice to the opposite party.]

SECTION 12B: POWER OF THE COMMISSION TO AWARD COMPENSATION

(1) Where, as a result of the monopolistic or restrictive, or unfair, trade practice, carried on by any undertaking or any person, any loss or damage is caused to the Central Government, or any State Government or any trader or class of traders or any consumer, such Government or, as the case may be, trader or class of traders or consumer may, without prejudice to the right of such Government, trader or class of traders or consumer to institute a suit for the recovery of any compensation for the loss or damage so caused, make an application to the Commission for an order for the recovery from that undertaking or owner thereof or, as the case may be, from such person, of such amount as the Commission may determine, as compensation for the loss or damage so caused.

(2) Where any loss or damage referred to in sub-section (1) is caused to numerous persons having the same interest, one or more of such persons may, with the permission of the Commission, make an application, under that sub-section, for and on behalf of, or for the benefit of, the persons so interested, and thereupon the provisions of rule 8 of Order I of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908)-, shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to the application before the Commission and the order of the Commission thereon.

(3) The Commission may, after an inquiry made into the allegation , made in the application filed under sub-section (1), make an order directing the owner of the undertaking or other person to make payment, to the applicant, of the amount determined by it as realisable from the undertaking or the owner thereof, or, as the case may be, from the other person, as compensation for the loss or damage caused to the applicant by reason of any monopolistic or restrictive, or unfair, trade practice carried on by such undertaking or other person.

(4) Where a decree for the recovery of any amount as compensation for any loss or damage referred to in sub-section ( 1 ) has been passed by any court in favour of any person or persons referred to in sub-section (1) or, as the case may be, sub-section (2), the amount, if any, paid or recovered in pursuance of the order made by the Commission under sub-section (3) shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908)-, or any other law for the time being in force, be executable for the balance, if any, left after such set off.

SECTION 12C: ENFORCEMENT OF THE ORDER MADE BY THE COMMISSION UNDER SECTION 12A OR B

Every order made by the Commission under section 12A-granting a temporary injunction or under section 12B-directing the owner of an undertaking or other person to make payment of any amount, may be enforced by the Commission in the same manner as if it were a decree or order made by a court in a suit pending therein and it shall be lawful for the Commission to send, in the event of its inability to execute it, such order to the court within the local limits of whose jurisdiction,-

(a) in the case of an order against a company, the registered office of the company is situated, or

(b) in the case of an order against any other person, the place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated, and thereupon the court to which the order is so sent shall execute the order as if it were a decree or order sent to it for execution.]

SECTION 13: ORDERS OF COMMISSION MAY BE SUBJECT TO CONDITIONS, ETC

(1) In making any order under this Act, the Commission may make such provisions not inconsistent with this Act, as it may think necessary or desirable for the proper execution of the order and any person who commits a breach of or fails to comply with any obligation imposed on him by any such provision shall be deemed to be guilty of an offence under this Act.

(2) Any order made by the Commission may be amended or revoked at any time in the manner in which it was made.

(3) An order made by the Commission may be general in its application or may be limited to any particular class of traders or a particular class of trade practice or a particular trade practice or a particular locality.

SECTION 13A: POWER OF THE COMMISSION TO CAUSE INVESTIGATION TO FIND OUT WHETHER OR NOT ORDERS MADE BY IT HAVE BEEN COMPLIED WITH.

64[ (1) The Commission may, if it has any reasonable cause to believe that any person has omitted or failed to comply with any order made by it under this Act or any obligation imposed on him by or under any order made by the Commission under this Act, authorise the Director General or any officer of the Commission to make an investigation into the matter and the Director General, or the officer so authorised, may, for the purpose of making such investigation, exercise all or any of the powers conferred on the Director General by section 11-.

(2) On the conclusion of the investigation, the Director General, or, as the case may be, the officer so authorised, shall submit to the Commission a report of the investigation to enable the Commission to take such action in the matter as it may think fit.]

SECTION 13B: POWER TO PUNISH FOR CONTEMPT

The Commission shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971)shall have effect subject to the modifications that-

(a) the reference therein to a High Court shall be construed as including a reference to the Commission ;

(b) the references to the Advocate-General insection 15-of the said Act shall be construed as a reference to such Law Officer as the Central Government may, by notification66in the Official Gazette, specify in this behalf.]

SECTION 14: ORDERS WHERE PARTY CONCERNED DOES NOT CARRY ON BUSINESS IN INDIA

Where any practice substantially falls within67[monopolistic, restrictive, or .unfair, trade practice, relating to the production, storage, supply,] distribution or control of goods of any description or the provision of any services and any party to such practice does not carry on business in India, an order may be made under this Act with respect to that part of the practice which is carried on in India.

SECTION 15: RESTRICTION OF APPLICATION OF ORDERS IN CERTAIN CASES

No order made under this Act with respect to any monopolistic or restrictive trade practice shall operate so as to restrict-

(a) the right of any person to restrain any infringement of a patent granted in India, or

(b) any person as to the condition which he attaches to a licence to do anything, the doing of which but for the licence would be an infringement of a patent granted in India, or

(c) the right of any person to export goods from India, to the extent to which the monopolistic or restrictive trade practice relates exclusively to the production, supply, distribution or control of goods for such export.

SECTION 16: SITTINGS OF THE COMMISSION

(1) The central office of the Commission shall be in Delhi but the Commission may sit at such places in India and at such times as may be most convenient for the exercise of its powers or functions under this Act.

(2) The powers or functions of the Commission may be exercised or discharged by Benches formed by the Chairman of the Commission from among the members.

SECTION 17: HEARING TO BE IN PUBLIC EXCEPT IN SPECIAL CIRCUMSTANCES

(1) Subject to the provisions of sub-section (2), the hearing of proceedings before the Commission shall be in public.

(2) Where the Commission is satisfied that it is desirable to do so by reason of the confidential nature of any offence or matter or for any other reason, the Commission may-

(a) hear the proceedings or any part thereof in private ;

(b) give directions as to the persons who may be present thereat ;

(c) prohibit or restrict the publication of evidence given before the Commission (whether in public or in private) or of matters contained in documents filed before the Commission.

SECTION 18: PROCEDURE OF THE COMMISSION

(1) Subject to the provisions of this Act, the Commission shall have power to regulate- 

(a) the procedure and conduct of its business ;

(b) the procedure of Benches of the Commission ;

(c) the delegation to one or more members of such powers or functions as

the Commission may specify68[and subject to any general or special direction given, or condition imposed, by the Commission, a member, to

whom anypowers or functions are so delegated, shall exercise such powers or discharge those functions in the same manner and with the same effect as if they had been conferred on such member directly by this Act and not by way of delegation and any order or other act or thing made or done by such

member in pursuance of the power or function so delegated shall be deemed to be an order or other act or thing made or done, by the Commission.]

(2) In particular, and without prejudice to the generality of the foregoing provisions, the powers of the Commission shall include the power to determine the extent to which persons interested or claiming to be interested in the subject-matter of any proceeding before it are allowed to be present or to be heard either by themselves or by their representatives or to cross-examine witnesses or otherwise to take part in the proceeding.

SECTION 19: ORDERS OF THE COMMISSION TO BE NOTED IN THE REGISTER

The Commission shall cause an authenticated copy of every order made by it in respect of a restrictive trade practice ƒ[or an unfair trade practice, as the case may be,] to be forwarded to the „[Director General] who shall have it recorded in such manner as may be prescribed.

SECTION 20: 20-26 [OMITTED BY THE MRTP (AMDT.) ACT, 1991, W.E.F. 27-9-1991]

SECTION 27: DIVISION OF UNDERTAKINGS

(1)73[Notwithstanding anything contained in this Act or in any other law for the time being in force, the Commission may,- 

(i) upon receiving a complaint of facts from any trade association or from any consumer or a registered consumers' 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 its own knowledge or information, if it is of opinion that the working of an undertaking is prejudicial to the public interest, or has led, or is leading, or is likely to lead, to the adoption of any monopolistic or restrictive trade practices, inquire] as to whether it is expedient in the public interest to make an order,- 

(a) for the division of any trade of the undertaking by the sale of any part of the undertaking or assets thereof, or

(b) for the division of any undertaking or inter-connected undertakings into such number of undertakings as the circumstances of the case may justify,

and the Commission may, after such hearing as it thinks fit, report to the Central Government its opinion thereon and shall, where it is of opinion that a division ought to be made, specify the manner of the division and compensation, if any, payable for such division. Explanation: For the purposes of this section all activities carried on by way of trade by an undertaking or two or more inter-connected undertakings may be treated as a single trade.

(2) If the Commission so recommends, the Central Government may, notwithstanding anything contained in any other law for the time being in force, by an order in writing, direct the division of any trade of the undertaking or of the undertaking or inter-connected undertakings.

(3) Notwithstanding anything contained in any other law for the time being in force, the order referred to in sub-section (2) may provide for all such matters as may be necessary to give effect to the division of any trade of the undertaking, or of the undertaking or inter-connected undertakings, including,- 

(a) the transfer or vesting of property, right, liabilities or obligations ;

(b) the adjustment of contracts either by the discharge or reduction of any liability or obligation or otherwise ;

(c) the creation, allotment, surrender or cancellation of any shares, stock or securities;

(d) the payment of compensation ;

(e) the formation or winding up of an undertaking or the amendment of the memorandum and articles of association or any other instruments regulating the business of any undertaking ;

(f) the extent to which and the circumstances in which provisions of the order affecting an undertaking may be altered by the undertaking and the registration thereof;

(g) the continuation, with such changes as may be necessary, of parties to any legal proceeding.

(4) Where the Central Government makes,, or intends to make, an order for any purpose mentioned in sub-section (3), it may, with a view to achieving that purpose, prohibit or restrict the doing of anything that might impede the operation or making of the order and may impose on any person such obligations as to the carrying on of any activities or the safeguarding of any assets, as it may think fit, or it may, by order, provide for the carrying on of any activities or safeguarding of any assets either by the appointment of a person to conduct, or supervise the conduct, of, any such activities or in any other manner.

(5) Notwithstanding anything contained in any other law for the time being in force or in any contract or in any memorandum or articles of association, an officer of a company who ceases to hold office as such in consequence of the division of an undertaking or inter-connected undertakings shall not be entitled to claim compensation for such cesser.

SECTION 27A: POWER OF THE CENTRAL GOVERNMENT TO DIRECT SEVERANCE OF INTER-CONNECTION BETWEEN UNDERTAKINGS

(1)75[Notwithstanding anything contained in this Act or in any other law for the time being in force, the Commission may,- 

(i) upon receiving a complaint of facts from any trade association or from

any consumer or a registered, consumers' 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 its own knowledge or information, if it is of opinion that the continuance of inter-connection of an undertaking (hereafter in this section referred to as the principal undertaking) with any other undertaking is detrimental to- 

(a) the interests of the principal undertaking ; or

(b) the future development of the principal undertaking ; or

(c) the steady growth of the industry to which the principal undertaking pertains; or

(d) the public interest, inquire] as to whether it is expedient in the public interest to make an order for the severance of such inter-connection on one or more of the grounds aforesaid, and the Commission may, after such hearing as it thinks fit, report to the Central Government its opinion thereon and shall, where it is of opinion that the severance of the inter-connection of the principal undertaking with any other undertaking

ought to be made, include in its report a scheme with respect to such severance, providing therein for the matters specified in sub- section (2).

(2) Where, in any such report, the Commission recommends the severance of any such inter-connection, the scheme with respect thereto shall provide for the following matters, namely:- 

(a) the manner in which, and the period within which, the severance of such inter-connection is to be effected ;

(b) the appropriation or transfer of any share or other interest held by the owner in, or in relation to, the principal undertaking, in the other under- taking or the termination of any office or employment in such undertaking, which may be required for effecting the severance of such inter- connection ;

(c) compensation, if any, payable for the severance of such interconnection ; and

(d) such incidental, consequential and supplemental matters, as may be necessary to secure the severance of such inter-connection.

(3) If the Commission so recommends, the Central Government may, notwithstanding anything contained in any other law for the time being in force, by an order in writing, direct the severance of inter-connection between the under- takings, as far as may be, in accordance with the scheme included in the report of the Commission.

(4) Where the Central Government makes, or intends to make, an order for any purpose mentioned in sub-section (3), it may, with a view to achieving that purpose, prohibit or restrict the doing of anything that might impede the operation or making of the order and may impose on any person such obligations as to the carrying on of any activities or the safeguarding of any assets, as it may think fit, or it may, by order, provide for the carrying on of any activities or safeguarding of any assets either by the appointment of a person to conduct, or supervise the conduct of, any such activities or in any other manner.

(5) Notwithstanding anything contained in any other law for the time being in force or in any contract or in any memorandum or articles of association, an officer of a company who ceases to hold office as such in consequence of the severance of inter-connection between undertakings shall not be entitled to claim any compensation for such cesser.

SECTION 27B: MANNER IN WHICH ORDER MADE UNDER SECTION 27 OR SECTION 27A SHALL BE CARRIED OUT

(1) Where in any report made by it, whether under section 27-orsection 27A-, the Commission recommends that the division of any trade of any undertaking or division of any undertaking or undertakings or of inter- connected undertakings, or, as the case may be, the severance of inter- connection between two or more undertakings, is to be effected by- 

(a) the disinvestment by any person holding any share in the body corporate owning such undertaking or undertakings ; or

(b) the sale of the whole or any part of such undertaking or undertakings, or, of any part of the assets thereof, the Central Government may, in its order under the said section 27-orsection 27A-, specify that such disinvestment of shares or the sale of the whole or part of the undertaking or undertakings or of such assets, as the case may be, shall be effected within such period and

in such one or more of the following methods as may be specified in such order, namely :- 

(i) by directing the person holding such shares to make a public offer for the sale of such

number of shares held by him in the body corporate owning the undertaking or undertakings, as may be specified in the order ; or

(ii) by directing the body corporate owning the undertaking to make further issue of

equity capital to the members of the public except to the person who is directed to disinvest the shares held by him in such body corporate ; or

(iii) by directing that the sale of the undertaking or any part thereof, or, as the case may be, of such assets, be made by public auction ; or.

(iv) by such other prescribed method as the Central Government may specify: Provided that the Central Government may extend on its own motion or on the application of the person concerned and for sufficient cause, the period specified as aforesaid in any order made by it under section 27-orsection 27A-by another order.

(2) Every order of the Central Government referred to in sub-section (1), shall have effect notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in the memorandum or articles of association of the body corporate owning the undertaking.

(3) Where any person who has been directed to do so by an order referred to in sub-section (1), omits or fails to disinvest any share or block of shares specified in the said order, the body corporate in which such shares are held shall not permit such person or his nominee or proxy to exercise any voting or other rights attaching to such share or block of shares.]77[***]

SECTION 28: 28-30 OMMITTED

SECTION 31: INVESTIGATION BY COMMISSION OF, MONOPOLISTIC TRADE PRACTICES

(1) Where it appears to the Central Government that78[the owners of one or more undertakings are indulging in any practice, which is, or, may be, a monopolistic trade practice], or that, monopolistic trade practices prevail in respect of any goods or services, that Government may refer the matter to the Commission for an inquiry and the Commission shall, after such hearing as its thinks fit, report to the Central Government its findings thereon :79[Provided that where the Commission receives80[any application from the Director General or] any information, or comes to know, that the owner of any undertaking is, or, the owners of two or more undertakings are, indulging in any trade practice, which is, or may be, a monopolistic trade practice, or that monopolistic trade practices prevail in respect of any goods or services, it may80[on such application or] on its own motion, and notwithstanding that no reference has been made to it by the Central Government under this sub- section, make an inquiry into the matter.]

(2) If as a result of such inquiry, the Commission makes a finding to the effect that, having regard to the economic conditions prevailing in the country and to all other matters which appear in particular circumstances to be relevant, the trade practice operates oris likely to operate against the public interest,81[it shall make a report to the Central Government as to its findings thereon and on receipt of such report,] the Central Government may, notwithstanding anything contained in any other law for the time being in force, pass such orders as it may think fit to remedy or prevent any mischiefs which result or may result from such trade practice.

82[(2A) If any such report contains a finding of the Commission to the effect that the owner of any undertaking is, or, the owners of two or more undertakings are, indulging in any monopolistic trade practice, or that monopolistic trade practice prevails in respect of any goods or services, and the Central Government is satisfied that it is necessary to take steps to remedy or prevent any mischiefs which result or may result from such monopolistic trade practice, and that such monopolistic trade practice does not fall within any of the exceptions specified in section 32-, it may, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, makes such orders as it may think fit,- 

(a) prohibiting the owner of the concerned undertaking or the owners of the

concerned undertakings, as the case may be, from continuing to indulge in such monopolistic trade practice ; or

(b) prohibiting the owners of any class of undertakings or undertakings generally, from continuing to indulge in any monopolistic trade practices in relation to such goods or services, and may also make such other orders as it may think fit to remedy or prevent any mischief which results, or may result, from the continuation of monopolistic trade practices in relation to the goods and services aforesaid.]

(3)83[Without prejudice to the generality of the powers conferred by subsection (2A), any order made by the Central Government under this section may also include an order]- 

(a) regulating the †[production, storage, supply.}, distribution or control of

any goods by the undertaking or the control or supply 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 "[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 ;

85[(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.]

85[(4) Whenever any order is made by the Central Government under subsection (2A) prohibiting the owner of any undertaking or class of undertakings or under- takings generally from continuing to indulge in any monopolistic trade practice,- 

(a) the owner of any undertaking or the owners of undertakings of any class, as the case may be, shall, within thirty days from the date of receipt of such order (or within such further time as the Central Government may, on sufficient cause being shown, allow) communicate to the Central Government his or their compliance with the order ; and

(b) the Director General shall within ninety days from the date of such order (or from the expiry of the further time allowed by the Central Government) inform the Central Government, whether the order made by it has been complied with, and where the Director General has any reason to believe that any such order has been, or is being, contravened by the owner of any undertaking, he shall inform the Central Government about the particulars of

the owner of such undertaking to enable that Government to take such action, under this Act, as it may think fit.]

SECTION 32: MONOPOLISTIC TRADE PRACTICE TO BE DEEMED TO BE PREJUDICIAL TO THE PUBLIC INTEREST EXCEPT IN CERTAIN CASES

For the purposes of this Act, every monopolistic trade practice shall be deemed to be prejudicial to the public interest, except where-

(a) such trade practice is expressly authorised by any enactment for the time being in force, or

(b) the Central Government, being satisfied that any such trade practice is necessary- 

(i) to meet the requirements of the defence of India or any part thereof, or for the security of the State ; or

(ii) to ensure the maintenance of supply of goods and services essential to the community ; or

(iii) to give effect to the terms of any agreement to which the Central

Government is a party by a written order, permits the owner of any undertaking to carry on any such trade practice.]

SECTION 33: REGISTRABLE AGREEMENTS RELATING TO RESTRICTIVE TRADE PRACTICES

(1)89[Every agreement falling within one or more of the following categories shall be deemed, for the purposes of this Act, to be an agreement relating to restrictive trade practices and shall be subject to registration] in accordance with the provisions of this Chapter, namely :- 

(a) any agreement which restricts, or is likely to restrict, by any method the persons or classes of persons to whom goods are sold or from whom goods are bought;

(b) any agreement requiring a purchaser of goods, as a condition of such purchase, to purchase some other goods ;

(c) any agreement restricting in any manner the purchaser in the course of his trade from acquiring or otherwise dealing in any goods other than those of the seller or any other person ;

(d) any agreement to purchase or sell goods or to tender for the sale or purchase of goods only at prices or on terms or conditions agreed upon between the sellers or purchasers ;

(e) any agreement to grant or allow concessions or benefits, including allowances, discounts, rebates or credit in connection with, or by reason of, dealings;

(f) any agreement to sell goods on condition that the prices to be charged on re-sale by the purchaser shall be the prices stipulated by the seller unless it is clearly stated that prices lower than those prices may be charged ;

(g) any agreement to limit, restrict or withhold the output or supply of any goods or allocate any area 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;

90[(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 hereinbefore referred to in this section which the Central Government may,91[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 carrying out of any such agreement as is referred to in this sub-section.

(2) The provisions of this section shall apply, so far as may be, in relation to agreements making provision for services as they apply in relation to agreements connected with the92[production, storage, supply], distribution or control of goods.

(3) No agreement falling within this section shall be subject to registration in accordance with the provisions of this Chapter if it is expressly authorised by or under any law for the time being in force or has the approval of the Central Government or if the Government is a party to such agreement.

SECTION 34: REGISTRAR OF RESTRICTIVE TRADE AGREEMENTS

[Omitted by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.]

SECTION 35: REGISTRATION OF AGREEMENTS

(1) The Central Government shall,93[by notification], specify a day94 [hereinafter referred to as the appointed day] on and from which every agreement falling within section 33-shall become registrable under this Act:

Provided that different days may be appointed for different categories of agreements.

(2) Within sixty days from the appointed day, in the case of an agreement existing on that day, and in the case of an agreement made after the appointed day, within sixty days from the making thereof, there shall be furnished to the95[Director General] in respect of every agreement falling within section 33-, the following particulars, namely :- 

(a) the names of the persons who are parties to the agreement ; and

(b) the whole of the terms of the agreement.

(3) If at any time after the agreement has been registered under this section, the agreement is varied (whether in respect of the parties or in respect of the terms thereof) or determined otherwise than by efflux of time, particulars of the variation or determination shall be furnished to the ƒ[Director General] within one month after the date of the variation or determination.

(4) The particulars to be furnished under this section in respect of an agreement shall be furnished- 

(a) in so far as the agreement or any variation or determination of the agreement is made by an instrument in writing, by the production of the original or a true copy of that agreement ; and

(b) in so far as the agreement or any variation or determination of the agreement is not so made, by the production of a memorandum in writing signed by the person by whom the particulars are furnished.

(5) The particulars to be furnished under this section shall be furnished by or on behalf of any person who is a party to the agreement or, as the case may be, was a party thereto immediately before its determination, and where the particulars are duly furnished by or on behalf of any such person, the provisions of this section shall be deemed to be complied with on the part of all such persons.

SECTION 36: KEEPING THE REGISTER

(1) For the purposes of this Act, the 96[Director General] shall keep a register in the prescribed form and shall enter therein the prescribed particulars as regards agreements subject to registration.

(2) The 96[Director General] shall provide for the maintenance of a special section of the register for the entry or filing in that section of such particulars as the Commission may direct, being- 

(a) particulars containing information, the publication of which would, in the opinion of the Commission, be contrary to the public interest ;

(b) particulars containing information as to any matter, being information the publication of which, in the opinion of the Commission, would substantially damage the legitimate business interests of any person.

(3) Any party to an agreement required to be registered under section 35-may apply to the 96[Director General]- 

(i) for the agreement or any part of the agreement to be excluded from the provisions of this Chapter relating to the registration on the ground that the agreement or part thereof has no substantial economic significance; or

(ii) for inclusion of any provision of the agreement in the special section, and

the 96[Director General] shall dispose of the matter in conformity with any general or special directions issued by the Commission in this behalf.

SECTION 36A: DEFINITION OF UNFAIR TRADE PRACTICE

In this Part, unless the context otherwise requires, "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any services,98[adopts any unfair method or unfair or deceptive practice including any of the following practices], namely:-

(1) the practice of making any statement, whether orally or in writing or by visible representation which,- 

(i) falsely represents that the goods are of a particular standard, quality,99 [quantity,] grade, composition style or model ;

(ii) falsely represents that the services are of a particular standard, quality or grade:

(iii) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods ;

(iv) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have ;

(v) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have :

(vi) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services ;

(vii) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof : Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence;

(viii) makes to the public a representation in a form that purports to be- 

(i) a warranty or guarantee of a product or of any goods or services; or

(ii) a promise to replace, maintain or repair an article or any part thereof or to repeat or

continue a service until it has achieved a specified result, if such purported warranty or

guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out ;

(ix) materially misleads the public concerning the price at which a product or like products or goods or services, have been, or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made;

(x) gives false or misleading facts disparaging the goods, services or trade of another person. Explanation: For the purposes of clause (7), a statement that is- 

(a) expressed on an article offered or displayed for sale, or on its wrapper or container ; or

(b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale ; or

(c) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public, shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or  contained;

(2) permits the publication of any advertisement whether in any newspaper or otherwise, for the sale or supply at a bargain price, of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisement. Explanation: For the purpose of clause (2), "bargain price" means- 

(a) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise, or

(b) a price that a person who reads, hears, or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold;

(3) permits- 

(a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating the impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transaction as a whole,

(b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest ;

(4) permits the sale or supply of goods intended to be used, or are of a kind likely to be used, by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods;

(5) permits the hoarding or destruction of goods, or refuses to sell the goods or to make them available for sale, or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services.

SECTION 36B: INQUIRY INTO UNFAIR TRADE PRACTICES BY COMMISSION

The Commission may inquire into any unfair trade practice,-

(a) upon receiving a complaint of facts which constitutes such practice100 [from any trade association or from any consumer or a registered consumers' association, whether such consumer is a member of that consumers' association or not]; or

(b) upon a reference made to it by the Central Government or a State Government; or

(c) upon an application made to it by the Director General ; or

(d) upon its own knowledge or information.

SECTION 36C: INVESTIGATION BY DIRECTOR GENERAL BEFORE AN ISSUE OF PROCESS IN CERTAIN CASES

The Commission may, before issuing any process requiring the attendance of the person against whom an inquiry (other than an inquiry upon an application by the Director General) may be made under section 36B-, by an order, require the Director General to make, or cause to be made, a preliminary investigation in such manner as it may direct and submit a report to the Commission, for the purpose of satisfying itself that the matter requires to be inquired into.]

SECTION 36D: POWERS WHICH MAY BE EXERCISED BY THE COMMISSION INQUIRING INTO AN UNFAIR TRADE PRACTICE

(1) The Commission may inquire into any unfair trade practice which may come before it for inquiry and, if, after such inquiry, it is of opinion that the practice is prejudicial to the public interest, or to the interest of any consumer or consumers generally, it may, by order direct that- 

(a) the practice shall be discontinued or shall not be repeated ;102[***]

(b) any agreement relating to such unfair trade practice shall be void or shall stand modified in respect thereof in such manner as may be specified in the order;

103[(c) any information, statement or advertisement relating to such unfair trade practice shall be disclosed, issued or published, as the case may be, in such manner as may be specified in the order.]

(2) The Commission may, instead of making any order under this section, permit any party to carry on any trade practice, if it so applies and takes such steps within the 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 any 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.

SECTION 36E: POWER RELATING TO RESTRICTIVE TRADE PRACTICES MAY BE EXERCISED OR PERFORMED IN RELATION TO UNFAIR TRADE PRACTICES

Without prejudice to the provisions of section 12A-,section 12B-andsection 36D-, the Commission, Director General or any other person authorised in this behalf by the Commission or Director General, may exercise, or perform, in relation to any unfair trade practice, the same power or duty which it or he is empowered, or required, by or under this Act to exercise, or perform, in relation to a restricted trade practice.]

SECTION 37: INVESTIGATION INTO RESTRICTIVE TRADE PRACTICES BY COMMISSION

(1) The Commission may inquire into any restrictive trade practice, whether the agreement, if any, relating thereto has been registered under section 35-or not, which may come before it for inquiry and, if, after such inquiry it is of opinion that the practice is prejudicial to the public interest, the Commission may, by order, direct that- 

(a) the practice shall be discontinued or shall not be repeated ;

(b) the agreement relating thereto shall be void in respect of such restrictive trade practice or shall stand modified in respect thereof in such manner as may be specified in the order.

(2) The Commission may, instead of making any order under this section, permit the party to any restrictive trade practice, if he so applies, to take such steps within the time specified in this behalf by the Commission as may be necessary to ensure that the trade practice is no longer prejudicial to the public interest, and, in any such case, if the Commission is satisfied that the necessary steps have been taken within the time 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- 

(a) any agreement between buyers relating to goods which are bought by the buyers for consumption and not for ultimate resale whether in the same or different form, type or specie or as constituent of some other goods ;

(b) a trade practice which is expressly authorised by any law for the time being in force.

(4) Notwithstanding anything contained in this Act, if the Commission, during the course of an inquiry under sub-section (1), finds that104[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 Government105[***] for such action as that Government may take under section 31-.

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 by virtue of the restriction itself or of any arrangements or operations resulting therefrom;

(c) that the restriction is reasonably necessary to counteract measures taken by any one person not party to the agreement with a view to preventing or restricting competition in or in relation to the trade or business in which the persons party thereto are changed ;

(d) that the restriction is reasonably necessary to enable the persons party to the agreement to negotiate fair terms for the supply of goods to, or the acquisition of goods from, any one person not party thereto who controls a preponderant part of the trade or business of acquiring or supplying such goods, or for the supply of goods to any person not party to the agreement and not carrying on such a trade or business who, either alone or in combination with any other such persons, controls a preponderant part of the market for such goods ;

(e) that, having regard to the conditions actually obtaining or reasonably foreseen at the time of the application, the removal of the restriction would be likely to have a serious and persistent adverse effect on the general level of unemployment in an area, or in areas taken together, in which a substantial proportion of the trade, or industry to which the agreement relates is situated ;

(f) that, having regard to the conditions actually obtaining or reasonably foreseen at the time of the application, the removal of the restriction would be likely to cause a reduction in the volume or earnings of the export business which is substantial either in relation to the whole export business of India or in relation to the whole business (including export business) of the said trade or industry;

(g) that the restriction is reasonably required for purposes in connection with the maintenance of any other restriction accepted by the parties, whether under the same agreement or under any other agreement between them, being a restriction which is found by the Commission not to be contrary to the public interest upon grounds other than those specified in this paragraph or has been so found in previous proceedings before the Commission;106[***]

(h) that the restriction does not directly or indirectly restrict or discourage competition to any material degree in any relevant trade or industry and is not likely to do so ;

107[(i) that such restriction has been expressly authorised and approved by the Central Government;

(j) that such restriction is necessary to meet the requirements of the defence of India or any part thereof, or for the security of the State ; or

(k) that the restriction is necessary to ensure the maintenance of supply of goods and services essential to the community,] and is further satisfied (in any such case) that the restriction is not unreasonable having regard to the balance between those circumstances and any detriment to the public or to persons not parties to the agreement (being purchasers, consumers or users of goods produced or sold by such parties, or persons engaged or seeking 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, "purchasers", "consumers" and "users" include persons purchasing, consuming or using for the purpose or in the 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 interconnected under- takings or individuals carrying on business in partnership with each other.

SECTION 39: SPECIAL CONDITIONS FOR AVOIDANCE OF CONDITIONS FOR MAINTAINING RESALE PRICES

(1) Without prejudice to the provisions of this Act with respect to registration and to any of the powers of the Commission or of the Central Government under this Act, any term or condition of a contract for the sale of goods by a person to a wholesaler or retailer or any agreement between a person and a wholesaler or retailer relating to such sale shall be void insofar as it purports to establish or provide for the establishment of minimum prices to be charged on the resale of goods in India.

(2) After the commencement of this Act, no supplier of goods whether directly or through any person or association of persons acting on his behalf shall notify to dealers or otherwise publish on or in relation to any goods, a price stated or calculated to be understood as the minimum price which may be charged on the resale of the goods in India.

(3) This section shall apply to patented articles (including articles made by a patented process and articles made under any trade mark) as it applies to other goods and notice of any term or condition which is void by virtue of this section or which would be so void if included in a contract of sale or agreement relating to the sale of such article shall be of no effect for the purpose of limiting the right of a dealer to dispose of that article without infringement of the patent or trade mark, as the case may be : Provided that nothing in this section shall affect the validity as between the parties and their successors, of any term or condition of a licence granted by the proprietor of a patent or108[trade mark or by a licencee of patent or trade mark] or of any assignment of a patent or trade mark, so far as it regulates the price at which articles produced or processed by the licensee or the assignee may be sold by him.

SECTION 40: PROHIBITION OF OTHER MEASURES FOR MAINTAINING RESALE PRICES

(1) Without prejudice to the provisions of this Act with respect to registration and to any of the powers of the Commission or of the Central Government under this Act, no supplier shall withhold supplies of any goods from any wholesaler or retailer seeking to obtain them for resale in India on the ground that the wholesaler or retailer- 

(a) has sold in India at a price below resale price, goods obtained, either directly or indirectly, from that supplier, or has supplied such goods, either directly or indirectly, to a third party who had done so ; or

( b) is likely if the goods are supplied to him to sell them in India at a price below that price or supply them, either directly or indirectly, to a third party who would be likely to do so.

(2) Nothing contained in sub-section (1) shall render it unlawful for a supplier to withhold supplies of goods from any wholesaler or retailer or to cause or procure another supplier to do so if he has reasonable cause to believe that the wholesaler or the retailer, as the case may be, has been using as loss leaders any goods of the same or a similar description whether obtained from that supplier or not.

(3) A supplier of goods shall be deemed to be withholding Supplies of goods from a dealer if he- 

(a) refuses or fails to supply those goods to the order of the dealer ;

(b) refuses to supply those goods to the dealer except at prices, or on terms or conditions as to credit, discount or other matters which are less favourable than those at or on 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.

SECTION 41: POWER OF COMMISSION TO EXEMPT PARTICULAR CLASSES OF GOODS FROM SECTIONS 39 AND 40

(1) The Commission may, on a reference made to it by the ƒ[Director General] or any other person interested, by order, direct that goods of any class specified in the order shall be exempt from the operation of sections 39-and40-if the Commission is satisfied that in default of a system of maintained minimum resale prices applicable to those goods- 

(a) the quality of goods available for sale or the varieties of goods so available would be substantially reduced to the detriment of the public as consumers or users of those goods, or

(b) the prices at which the goods are sold by retail would, in general and in the long run, be increased to the detriment of the public as such consumers or users, or

(c) any necessary services actually provided in connection with or after the sale of the goods by retail would cease to be so provided or would be substantially reduced to the detriment of the public as such consumers or users.

(2) On a reference under this section in respect of goods of any class which have been the subject of proceedings before the Commission under section 31-, the Commission may treat as conclusive any evidence of fact made in those proceedings.

SECTION 42: POWER OF 109[DIRECTOR GENERAL] TO OBTAIN INFORMATION

(1) If the109[Director General] has reasonable cause to believe that any person is a party to an agreement subject to registration under section 35-, he may give notice to that person requiring him within such time, not less than thirty days, as may be specified in the notice, to notify to the109 [Director General] whether he is a party to any such agreement and, if so, to furnish to the109[Director General] such particulars of the agreement as may be specified in the requisition.

(2) The110[Director General] may give notice to any person by whom particulars are furnished under section 35-in respect of an agreement or to any other person being a party to the agreement requiring him to furnish to the110[Director General] such further documents or information in his possession or control as the110[Director General] may consider expedient for the purpose of, or in connection with, the registration of the agreement.

(3) Where a notice under this section is given to a trade association, the notice may be given to the secretary, manager or other similar officer of the association and for the purposes of this section any such association shall be treated as a party to an agreement to which members of the association, or persons, represented on the association by those members, arc parties as such.

(4) If the particulars called for under sub-section (1) or sub-section (2) arc not furnished, the Commission may, on the application of the110 [Director General]- 

(a) order the person or, as the case may be, the association to furnish those particulars to the110[Director General] within such time as may be specified in the order, or

(b) authorise the110[Director General] to treat the particulars contained in any document or information in his possession as the particulars relating to the agreement, or

(c) in case the Commission is satisfied that the failure to furnish the particulars is wilful, make an order restraining wholly or partly the parties to the agreement from acting on such agreement and from making any other agreement to the like effect.

SECTION 43: POWER TO CALL FOR INFORMATION

Notwithstanding anything contained in any other law for the time being in force, the Central Government may, by a general or special order,111[call upon the owner of any undertaking] to furnish to that Government periodically or as when required any information concerning the activities carried on by the undertaking, the connection between it and any other undertaking, including such other information relating to its organisation, business, cost of production, conduct, trade practice or management, as may be prescribed to enable that Government to carry out the purposes of this Act.

SECTION 44: POWER TO APPOINT INSPECTORS

(1) The Central Government may, if it is of opinion that there are circumstances suggesting that an undertaking is indulging in any monopolistic 112[or restrictive, or unfair, trade practice] or is, in any way, trying to acquire any control over any dominant or inter-connected undertaking, appoint one or more inspectors for making an investigation into the affairs of the undertaking.

(2) The provisions of section 240-andsection 240A of the Companies Act, 1956 (1 of 1956)-, so far as may be, shall apply to an investigation made by an inspector appointed under this section as they apply to an investigation made by the inspector appointed under that Act.

SECTION 45: PENALTY FOR CONTRAVENTION OF SECTION 21

[Omitted by the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991.]

SECTION 46: PENALTY FOR CONTRAVENTION OF

113[***] section 27 If any person contravenes the provisions of113[***]section 27-, he shall be punishable114[with imprisonment for a term which may extend to five years, or] with fine which may extend to Rs. one lakh,114[or with both,] and where the offence is a continuing one, with a further fine which may extend to one thousand rupees for every day, after the first, during which such contravention continues.

SECTION 47: PENALTY FOR CONTRAVENTION OF SECTION 25

[Omitted by the MRTP (Amdt.) Act, 1991. w.e.f. 27-9-799/.]

SECTION 48: PENALTY FOR FAILURE TO REGISTER AGREEMENTS

(1) If any person fails, without any reasonable excuse, to register an agreement which is subject to registration under this Act, he shall be punishable114[with imprisonment for a term which may extend to three years, or] with fine which may extend to five thousand rupees114[or with both,] and where the offence is a continuing one, with a further fine which may extend to five hundred rupees for every day, after the first, during which such failure continues.

(2) [Omitted by the MRTP (Amdt.) Act. 7997, w.e.f. 27-9-1991.]

SECTION 48A: PENALTY FOR CONTRAVENTION OF ORDER MADE UNDER SECTION 27B OR FOR POSSESSION OF PROPERTY SOLD TO ANY PERSON UNDER SECTION 27B

Any person or body corporate who or which,-

(a) being required by any order of the Central Government referred to in sub- section (1) of section 27B-to effect disinvestment of any shares or sale of the whole or any part of any undertaking or undertakings by any method referred to in that sub-section, omits or fails to do so; or

(b) having in his possession, custody or control any property or assets or any part thereof which have been sold to any person in pursuance of an order of the Central Government referred to in sub-section (1) of section 27B-(hereinafter in this section referred to as the "purchaser"), wrongfully withholds such property, assets or part thereof from the purchaser; or

(c) wrongfully obtains possession of any property, assets or any part thereof or retains any property, assets or any part thereof, which have been sold in pursuance of an order of the Central Government referred to in sub- section (1) of section 27B-; or

(d) withholds or fails to furnish to the purchaser, any document in his possession, custody or control relating to the property, or any part or assets thereof, which have been sold in pursuance of an order of the Central Government referred to in sub-section (1) of section 27B-; or

(e) fails to deliver to the purchaser the property, or any part or assets thereof which have been sold in pursuance of an order of the Central Government referred to in sub-section (1) of section 27B-, or any books of account, registers and other documents in his possession, custody or control relating to such property, or any part or assets thereof ; or

(f) wrongfully removes or destroys any property or assets which have been sold in pursuance of an order of the Central Government referred to in sub-section (1) of section 27B-; or

(g) prefers any claim, in relation to the property, or any part or assets thereof which have been sold in pursuance of an order of the Central Government referred to in sub-section (1) of section 27B-, which he knows, or has reason to believe, to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years and also with fine which may extend to ten thousand rupees.]

SECTION 48B: PENALTY FOR CONTRAVENTION OF SECTION 27B

(1) Every person who exercises any voting right in respect of any share in contravention of any order of the Central Government referred to in sub-section (1) of section 27B-shall be punishable with imprisonment for a term which may extend to five years, and shall also be liable to fine.

(2) If any company gives effect to any voting or other right exercised in relation to any share held in contravention of an order of the Central Government referred to in sub-section (1) of section 27B-, the company shall be punishable with fine which may extend to five thousand rupees, and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.]

SECTION 48C: PENALTY FOR CONTRAVENTION OF ORDER MADE BY COMMISSION RELATING TO UNFAIR TRADE PRACTICES

If any person contravenes any order made by the Commission under section 36D-, he shall be punishable with imprisonment for a term117[which shall not be less than six months but which may extend to three years and with fine which may extend to ten lakh rupees : Provided that the court may, for reasons to be recorded in writing, impose a sentence of imprisonment for a term lesser than the minimum term specified in this section.]

SECTION 49: PENALTY FOR OFFENCES IN RELATION TO FURNISHING OF INFORMATION

(1) If any person fails, without any reasonable excuse, ƒ[to produce any books or papers, or to furnish any information, required by the Director General under section 2-, or to furnish any information] required under section 43-or to comply with any notice duly given to him under section 42-, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both, and where the offence is a continuing one, with a further fine which may extend to one hundred rupees for every day, after the first, during which such failure continues.

(2) If any person, who furnishes or is required to furnish any particulars, documents or any information- 

(a) makes any statement or furnishes any document which he knows or has reason to believe to be false in any material particular ; or

(b) omits to state any material fact knowing it to be material ; or

(c) wilfully alters, suppresses or destroys any document which is required to be furnished as aforesaid, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

SECTION 50: PENALTY FOR OFFENCES IN RELATION TO ORDERS UNDER THE ACT

119[(1) A person, who is deemed under section 13-to be guilty of an offence under this Act, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to fifty thousand rupees, or with both, and where the offence is a continuing one, with a further fine which may extend to five thousand rupees for every day, after the first, during which such contravention continues.

(2) If any person contravenes, without any reasonable excuse, any order made by the Central Government under section 31-or any order made by the Commission under section 37-, he shall be punishable with imprisonment for a term which shall not be less than,- 

(a) in the case of the first offence, six months but not more than three years, and

(b) in the case of any second or subsequent offence in relation to the goods or services in respect of which the first offence was committed, two years but not more than seven years, and, in either case, where the contravention is a continuing one, also with fine which may extend to five thousand rupees for every day, after the first, during which such contravention continues: Provided that the Court may, for reasons to be recorded in

writing, impose a sentence of imprisonment for a term lesser than the minimum term specified in this sub-section.]

120[(3) If any person carries on any trade practice which is prohibited by this Act, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and where the offence is a continuing one, with a further fine which may extend to five hundred rupees for every day, after the first, during which such contravention continues.]

SECTION 51: PENALTY FOR OFFENCES IN RELATION TO RESALE PRICE MAINTENANCE

If any person contravenes the provisions of section 39-orsection 40-, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

SECTION 52: PENALTY FOR WRONGFUL DISCLOSURE OF INFORMATION

If any person discloses an information in contravention of section 60-, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

SECTION 52A: PENALTY FOR CONTRAVENTION OF ANY CONDITION OR RESTRICTION, ETC

If any person contravenes, without any reasonable excuse, any condition or restriction subject to which any approval, sanction, direction or exemption in relation to any matter has been accorded, given, made or granted under this Act, he shall be punishable with fine which may extend to one thousand rupees, and where the contravention is a continuing one, with a further fine which may extend to one hundred rupees for every day, after the first, during which such contravention continues.]

SECTION 52B: PENALTY FOR MAKING FALSE STATEMENT IN APPLICATION, RETURNS, ETC

If in any application, return, report, certificate, balance sheet, prospectus, statement or other document made, submitted, furnished or produced for the purpose of any provision of this Act, any person makes a statement,-

(a) which is false in any material particular, knowing it to be false, or

(b) which omits to state any material fact, knowing it to be material, he shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine.]

SECTION 53: OFFENCES BY COMPANIES

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

SECTION 54: POWER OF CENTRAL GOVERNMENT TO IMPOSE CONDITIONS, LIMITATIONS AND RESTRICTIONS ON APPROVALS, ETC., GIVEN UNDER THE ACT

(1) The Central Government may, while- 

(a) according any approval, sanction, permission, confirmation or recognition, or

(b) giving any direction or issuing any order, or

(c) granting any exemption, under this Act in relation to any matter, impose such conditions, limitations or restrictions as it may think fit.

(2) [Omitted by the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991.]

(3) If any condition, limitation or restriction imposed by the Central Government under sub-section (1)121[***] is contravened, the Central Government may rescind or withdraw the approval, sanction, permission, confirmation, recognition, direction, order or exemption made or granted by it.

SECTION 55: APPEALS

Any person aggrieved by121[any decision on any question referred to in clause (a), clause (b) or clause (c) of section 2A-, or any order made by the Central Government under Chapter III] or Chapter IV, or, as the case may be, or the Commission under123[section 12A-or]124[section 13-orsection 36D-orsection 37-], may, within sixty days from the date of the order, prefer an appeal to the Supreme Court on one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (5 of 1908)-

SECTION 56: JURISDICTION OF COURTS TO TRY OFFENCES

No Court inferior to that of a125[Court of Session] shall try any offence under this Act.

SECTION 57: COGNIZANCE OF OFFENCES

No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the Indian Penal Code (45 of 1860)-

SECTION 58: MAGISTRATE'S POWER TO IMPOSE ENHANCED PENALTIES

[Omitted by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.]

SECTION 59: PROTECTION REGARDING STATEMENTS MADE TO THE COMMISSION.

No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statements: Provided that the statement –

SECTION 60: RESTRICTION ON DISCLOSURE OF INFORMATION

(1) No information relating to any undertaking, being an information which has been obtained by or on behalf of the Commission for the purposes of this Act, shall, without the previous permission in writing of the owner for the time being of the undertaking, be disclosed otherwise than in compliance with or for the purposes of this Act.

(2) Nothing contained in sub-section (1) shall apply to a disclosure of an information made for the purpose of any legal proceeding pursuant to this Act or of any criminal proceeding which may be taken, whether pursuant to this Act or otherwise, or for the purposes of any report relating to any such proceeding.

126[(3) The provisions of sub-section (2) relating to the disclosure of information shall not extend to the disclosure of the source of such information, except where the disclosure of such source is required by any Court, Tribunal or other authority.]

SECTION 61: POWER OF THE CENTRAL GOVERNMENT TO REQUIRE THE COMMISSION TO SUBMIT A REPORT

The Central Government may at any time require the Commission to submit to it a report on the general effect on the public interest of such trade practices as, in the opinion of that Government, either constitute or contribute to monopolistic or127[restrictive or unfair trade practices] or concentration of economic power to the common detriment.

SECTION 62: REPORTS OF THE COMMISSION TO BE PLACED BEFORE PARLIAMENT

The Central Government shall cause to be laid before both Houses of Parliament an annual report, and every report which may be submitted to it by the Commission from time to time, pertaining to the execution of the provisions of this Act.

SECTION 63: MEMBERS, ETC., TO BE PUBLIC SERVANTS

Every member of the Commission, the128[Director General], and every member of the staff of the Commission, and of the128[Director General], 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 (45 of 1860)-

SECTION 64: PROTECTION OF ACTION TAKEN IN GOOD FAITH

(1) No suit, prosecution or other legal proceedings shall lie against the Commission or any member, officer or servants of the Commission, the128[Director General] or any member of the staff of the128[Director General] in respect of anything which is in good faith done or intended to be done under this Act.

(2) No suit shall be maintainable in any civil court against the Central Government or any officer or employee of that Government for any damage caused by anything done under, or in pursuance of any provisions of this Act.

SECTION 65: INSPECTION OF, AND EXTRACTS FROM, THE REGISTER

(1) The register, other than the special section, shall be opened to public inspection during such hours and subject to the payment of such fees, not exceeding rupees twenty-five, as may be prescribed.

(2) Any person may upon the payment of such fee, not exceeding rupee one, for every one hundred words, as may be prescribed, require the128[Director General] to supply to him a copy of, or extract from, any particulars entered or filed in the register, other than the special section, certified by the129[Director General] to be a true copy or extract.

(3) A copy of, or extract from, any document entered or filed in the register certified under the hand of the128[Director General] or any officer authorised to act in this behalf shall, in all legal proceedings, be admissible in evidence as of equal validity with the original.

SECTION 66: POWER TO MAKE REGULATIONS

(1) The Commission130[may131[by notification] make regulations] for the efficient performance of its functions under this Act.

(2) In particular, and without prejudice to the generality of the foregoing provisions, such regulations may provide for all-or any of the following matters, namely:- 

(a) the conditions of service, as approved by the Central Government, of persons appointed by the Commission;

(b) the issue of the processes to Government and to other persons and the manner in which they may be served;

(c) the manner in which the special section of the register shall be maintained and the particulars to be entered or filed therein;

(d) [Omitted by the MRTP (Amdt.) Act, 1984, w.e.f. 1-8-1984.]

(e) the payment of costs of any proceedings before the Commission by the

parties concerned and the general procedure and conduct of the business of the Commission;

(f) any other matter for which regulations are required to be, or may be, made under this Act.

132[(3) The Central Government shall cause every regulation made under this section to be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation, or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]

SECTION 67: POWER TO MAKE RULES

(1) The Central Government may131[by notification], make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- 

(a) the form and manner in which notices may be given or applications may be made to it under this Act and the fees payable therefor;

133[(ab) the form and the manner in which an application for recognition shall be made under clause (n) of section 2-;]

(ac) [Omitted by the MRTP (Amdt.) Act, 1991, w.e.f. 21-9-1991]

(b) the particulars to be furnished under this Act and the form and manner in which and the intervals within which they may be furnished;

(ba) [Omitted by the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991]

(c) the conditions of service of members of the Commission and the134 [Director General];

135[(ca) the duties and functions of the Director General;]

(d) the places and the manner in which the register shall be maintained136 [***] and the particulars to be entered therein;

135[(da) the manner in which every authenticated copy of any order made by the Commission in respect of any restrictive, or unfair, trade practice shall be recorded;]

(e) the fees payable for inspection of the register and for obtaining certified copies of particulars from the register;

(f) the travelling and other expenses payable to persons summoned by the Commission to appear before it;

(g) [Omitted by the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991.]

(h) any other matter which is required to be, or may be, prescribed.

137[(2A) Any rule made under clause (c) of sub-section (2) in relation to the conditions of service of the members of the Commission may be made retrospectively from a date not earlier than the 1st day of January, 1986, so, however, that such rule shall not prejudicially affect the interests of any such member].

(3) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or138[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect .only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.139[***]

Footnotes:

1. Substituted for "by notification in the Official Gazette" by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

2. Substituted for ' 'Director' means the Director of Investigation appointed under section by the MRTP (Amendment) Act, 1984. w.e.f. 1-8-1984.

3. Substituted for the portion beginning with the words ' 'dominant undertaking" means' and ending with the words 'rendered in India or any substantial part thereof :' by the MRTP (Amdt.) Act, 1982, w.e.f. 18-8-1982.

4. Omitted by the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

5. Substituted, the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

6. Proviso and Explanalion I omitted, the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991. Earlier proviso and Explanation I were amended bvlheMRTP(Amdt.)Act, 1982, w.e.f. 18-8-1982 and the proviso was further amended by the MRTP (Amdt.) Act, 1984, w.e.f. 1-8-1984.

13. Words 'of that description" omitted, the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

14. Inserted by the MRTP (Amdt.) Act, 1984, w.e.f. 1-8-1984.

15. Substituted by the MRTP (Amdt.) Act, 1984, w.e.f. 1 -8-1984.

17. Substituted by the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991.

16. Omitted by the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991. Earlier clause (ee) was inserted by the MRTP (Arndt.) Act, 1982, w.e.f. 18-8-1982.

18. Inserted by the MRTP (Arndt.) Act, 1984, w.e.f. 1-8-1984.

19. Omitted bv the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991. Earlier clauses (ff) and (fff) were inserted by the MRTP (Amdt.) Act, 1982, w.e.f. 18-8-1982.

20. Substituted bv the MRTP (Amdt.) Act, i 984, w.e.F. 1 -8-1984,

21. Words "within the meaning of the said section 370" omitted by the Companies (Arndt.) Act, 1974, w.e.f. 1-2-1975.

22. Substituted for 'group of persons" by the MRTP (Amdt.) Act, 1984, w.e.f. 1 -8-1984.

23. Inserted by the Companies (Amdt.) Act, 1974, w.e.f. 1 -2-1975.

24. Substituted for "two undertakings, owned by bodies corporate" bv the MRTP (Amdt.) Act, 1984, w.e.f. 1-8-1984.

25. Substituted for "one-third", the MRTP (Amendment) Act, 1984, w.e.f. 27-9-1984.

26. Substituted for "(whether independently or together with the relatives of such directors) one-third of the directors of the other : or', the MRTP (Amendment) Act, 1984, w.e.f. 27-9-1984.

27. Substituted for "same body corporate or bodies corporate belonging to a group, holding not less than one-third of the equity shares", the MRTP (Amendment) Act, 1984, w.e.f. 27-9-1984.

28. Substituted for "one-third" by the MRTP (Amdt.) Act, 1984, w.e.f. 1-8-1984.

29. Substituted for "with respect to any matter relating to", the MRTP (Amendment) Act, 1984, w.e.f. 27-9-1984.

31. Omitted by the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991. Earlier clause (gg) was inserted by the MRTP (Amdt.) Act, 1982, w.e.f. 18-8-1982.

32. Substituted for "maintaining prices" by the MRTP (Amdt.) Act. 1984, w.e.f. 1-8-1984.

33. Inserted, the MRTP (Amendment) Act, 1984, w.e.f. 27-9-1984.

34. Substituted, the MRTP (Amendment) Act, 1984, w.e.f. 27-9-1984.

35. Inserted by the MRTP (Amdt.) Act, 1982, w.e.f. 18-8-1982.

36. Substituted for "Registrar" by the MRTP (Amdment) Act, 1984, w.e.f 1 -8-1984.

37. Inserted by the MRTP (Amdt.) Act, 1986, w.e.f. 1-6-1987.

38. Omitted by the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991. Earlier clause (q) was amended by the MRTP (Arndt.) Act, 1984, w.e.f. 1-8-1984.

39. Substituted for "banking, insurance, transport" by the MRTP (Amdt.) Act, 1984, w.e.f. 1-8-1984.

40. Inserted by the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991.

41. Substituted by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

44. Substituted for "sells the goods to any person for the purpose of re-sale" by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

46. Substituted for "by notification in the Official Gazette" by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

47. Inserted, the MRTP (Amendment) Act, 1984, w.e.f. 27-9-1984.

48. Substituted for "by notification in the Official Gazette" by the MRTP (Amendment) Act, 1984,w.e.f. 1-8-1984.

49. Inserted by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

50. Substituted for "every member", the MRTP (Amendment) Act, 1984, w.e.f. 27-9-1984.

51. Substituted for "Any member", the MRTP (Amendment) Act, 1984, w.e.f. 27-9-1984.

53. Substituted for "from any trade or consumers' association having a membership of not less than twenty-five persons or from twenty-five or more consumers" by the MRTP (Amdt.) Act, 1986, w.e.f. 1-6-1987.

54. Substituted for "Registrar" by the MRTP (Amdt.) Act, 1984, w.e.f. 1 -8-1984.

55. Inserted by the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

57. Substituted by the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991. Earlier sub-section ( I ) was amended by the MRTP (Amdt.) Act, 1986, w.e.f. 1-6-1987.

58. Words "sub-clause (iii) of clause (a) of" omitted, the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

59. Inserted, the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

60. Substituted for "and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898)",the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

61. Inserted by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

63. Inserted by the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

64. Inserted by the MRTP'(Amdt.) Act, 1984, w.e.f. 1-8-1984.

66. Notified authority is First Additional Solicitor General of India.

67. Substituted for "monopolistic or restrictive trade practice, or both, relating to the production, supply", by the MRTP (Amdt.) Act, 1984, w.e.f. 1-8-1984.

68. Inserted, the MRTP (Amendment) Act, 1984, w.e.f. 27-9-1984.

73. Substituted for the portion beginning with the words "Notwithstanding anything" and ending with the words "for an inquiry", the MRTP (Amendment) Act, 1991.

75. Substituted for the portion beginning with the words "Notwithstanding anything" and ending with the words "for an inquiry" by the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

77. Part C of Chapter III and Chapter III-A omitted by the MRTP(Amdt.) Act, 1991,w.e.f.27- 9-1991. Earlier Chapter III-A was inserted bv the MRTP (Amdt.) Act, 1984, w.e.f. 1 -8-1984.

78. Substituted for "one or more monopolistic undertakings are indulging in any monopolis- tic trade practice' by the MRTP (Amendment) Act, 1984, w.e.f. l'-8-1984.

79. Inserted, the MRTP (Amendment) Act, 1984.

80. Inserted by the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

81. Inserted by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

82. Inserted, the MRTP (Amendment) Act, 1984.

83. Substituted for "Any order made by the Central Government under this section may include an order", the MRTP (Amendment) Act, 1984.

85. Inserted by the MRTP (Amdt.) Act, 1984, w.e.f. 1-8-1984.

89. Substituted for "Any agreement relating to a restrictive trade practice falling within one or more of the following categories shall be subject to registration", the MRTP (Amendment) Act, 1984.

90. Inserted by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

91. Substituted for "by.notification in the Official Gazette", the MRTP (Amendment) Act, 1984.

92. Substituted for "production, supply", the MRTP (Amendment) Act, 1984.

93. Substituted for "by notification in the Official Gazette", the MRTP (Amendment) Act, 1984.

94. 1-12-1970 as the day on and from which every agreement falling within clauses (a) to 0) and (/) of sub-section (1) of section 33 shall become registrable vide Notification No. SO 364S, dated 4-11-1970.

95. Substituted for "Registrar" by the MRTP (Amendment) Act, 1984, w.e.f. 1 -8-1984.

96. Substituted for "Registrar" by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

98. Substituted for "adopts one or more of the following practices and thereby causes loss or injury to the consumers of such goods or services, whether by eliminating or restricting competition or otherwise" by the MRTP (Amendment) Act, 1991), w.e.f. 27-9-1991.

99. Inserted, the MRTP (Amendment) Act, 1991.

100. Substituted for the words "from any trade or consumers' association having a membership of not less than twenty-five persons or from twnety-five or more consumers" by the MRTP (Amendment) Act, 1986, w.e.f. 1-6-1987.

102. Word "and" omitted, the MRTP (Amendment) Act, 1984.

103. Inserted, the MRTP (Amendment) Act, 1984.

104. Substituted for "a monopolistic undertaking is indulging in restrictive trade practices" by the MRTP (Amendment) Act, 1984, w.e.f. 1 -8-1984.

105. Words "with regard to any monopolistic trade practice" omitted, the MRTP (Amendment) Act, 1984.

106. Word "or" omitted by the MRTP (Amdt.) Act, 1984, w.e.f. 1-8-1984.

107. Inserted by the MRTP (Amdt.) Act, 1984, w.e.f. 1-8-1984.

108. Substituted for "trade mark by a. licencee under any such licence", the MRTP (Amendment) Act, 1984.

109. Substituted for "Registrar" by the MRTP (Amendment) Act, 1984, w.e.f. 1 -8-1984.

110. Substituted for "Registrar" by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

111. Substituted for "call upon any undertaking", the MRTP (Amendment) Act, 1984.

112. Substituted for "or restrictive trade practice", the MRTP (Amendment) Act, 1984.

113. Words "section 22 or section 23 or section 24 or 'omitted by the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991.

114. Inserted by the MRTP (Amdt.) Act, 1984, w.e.f. 1-8-1984.

117. Substituted for "which may extend to three years, or with fine which may extend to ten thousand rupees, or with both." by the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

119. Substituted for sub-sections ( 1 ) and (2) by the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991. Earlier sub-section (1) was amended and sub-section (2) was inserted by the MRTP (Amdt.) Act. 1984, w.e.f. 1-8-1984.

120. Inserted by the MRTP (Arndt.) Act, 1984, w.e.f. 1-8-1984.

121. Words "or any term of a scheme of finance, as modified under sub-section (2)," omitted by the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

123. Inserted by the MRTP (Amendment) Act, 1991, w.e.f. 27-9-1991.

124. Substituted for "section 13 or section 37" by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

125. Substituted for "Presidency Magistrate or a Magistrate of the First Class", the MRTP (Amendment) Act, 1984.

126. Inserted, the MRTP (Amendment) Act, 1984.

127. Substituted for "restrictive trade practices" by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

128. Substituted for "Director and the Registrar", the MRTP (Amendment) Act, 1984.

129. Substituted for "Registrar", the MRTP (Amendment) Act, 1984.

130. Substituted for the words "may make regulations" by the Delegated Legislation Provisions (Amendment) Act, 1983, w.e.f. 15-3-1984.

131. Substituted for "by the notification in the Official Gazette" by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

132. Inserted by the Delegated Legislation Provisions (Amendment) Act, 1983, w.e.f. 15-3-1984.

133. Inserted by the MRTP (Amendment) Act, 1986, w.e.f. 1-6-1987.

134. Substituted for "Registrar" by the MRTP (Amendment) Act, 1984, w.e.f. 1-8-1984.

135. Inserted, the MRTP (Amendment) Act, 1984.

136. Words "by the Registrar" omitted, the MRTP (Amendment) Act, 1984.

137. Inserted by the MRTP (Amdt.) Act, 1988, w.e.f. 10-12-1988.

138. Substituted for "in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following" by the Delegated Legislation Provision (Amendment) Act, 1983, w.e.f. 15-3-1984.

139. Schedule omitted by the MRTP (Amdt.) Act, 1991, w.e.f. 27-9-1991. Earlier Schedule was inserted by the MRTP (Arndt.) Act, 1984, w.e.f. 1-8-1984.

MONOPOLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION PRIVATE SECRETARY) RECRUITMENT RULES, 1999

DEPARTMENT OF COMPANY AFFAIRS New Delhi, the 23rd April, 1999 G.S.R. 129.—In exercise of thepowers conferred by section 67 read with section 8 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), and in supersession in the Monopolies and Restrictive Trade Practice Commission (Recruitment of Members of Staff) Rules, 1974, in so far as they relate to the posts of Private Secretary, except as respects things done or omitted to be done before such supersession, the Central Government, in consultation with the Commission hereby makes the following rules to regulate the method of recruitment to the post of Private Secretary in the Monopolies and Restrictive Trade Practices Commissioner, namely :—

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the Monopolies and Restrictive Trade Practices Commission Private Secretary) Recruitment Rules, 1999.

(2) They shall come into force, .on the date of their publication in the Official Gazette.

RULE 2 NUMBER OF POSTS, CLASSIFICATION AND SCALE OF PAY

The number of posts, their classification and the scale of pay attached thereto shall be as specified in Column 2 to 4 of the Schedule attached to these rules.

RULE 3 METHOD OF RECRUITMENT AGE LIMIT, QUALIFICATION ETC

The method of recruitment, age limit, qualifications and other matters relating to the said posts shall be as specified in columns 5 to 14 of the Schedule aforesaid.

RULE 4 DISQUALIFICATION

No person,—

(a) who has entered into or contracted a marriage with a person having a spouse living; or

(b) who, having a spouse living, has entered into or contracted a marriage with any person shall be eligible for appointment to any of the said posts;

Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

RULE 5 POWER TO RELAX

Where the Central Government is of the opinion that it is necessary or expedient to do so, it may, by order, fur reasons to be recorded in writing, relax any of the provisions of these rule with respect 10 any class or category of persons.

RULE 6 SAVING

Nothing in these rules "shall affect reservations, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, Scheduled Tribe?, Ex-Servicemen and other categories of persons in accordance will; the orders' issued by the Central Government from time to time in this regard.

MONOPOLIES AND RESTRICTIVE TRADE PRACTICE COMMISSION (RECRUITMENT OF MEMBERS OF STAFF) RULES, 1974

23rd April, 1999

G.S.R. 129.—In exercise of the powers conferred by section 67 read with section 8 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), and in supersession in the Monopolies and Restrictive Trade Practice Commission (Recruitment of Members of Staff) Rules, 1974, in so far as they relate to the posts of Private Secretary, except as respects things done or omitted to be done before such supersession, the Central Government, in consultation with the Commission, hereby makes the following rules to regulate the method of recruitment to the post of Private Secretary in the Monopolies and Restrictive Trade Practices Commissioner namely :—

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the Monopolies and Restrictive Trade Practices Commission (Private Secretary) Recruitment Rules, 1999.

(2) They shall come into force on the date their publication in the Official Gazette.

RULE 2 NUMBER OF POSTS, CLASSIFICATION AND SCALE OF PAY.

 The number of posts, their classification and the so of pay attached thereto shall be as specified in Column 2 to 4 of the Schedule attached to these rules.

RULE 3 METHOD OF RECRUITMENT, AGE LIMIT, QUALIFICATION ETC.

The method of recruitment, age limit, qualifications and other matters relating to the said posts & be as specified in columns 5 to 14 of the Schedule aforesaid.

RULE 4 DISQUALIFICATION

No person,—

(a) who has entered into or contracted a marriage with a person having a spouse living; or

(b) who, having a spouse living, has end into or contracted a marriage, with any person shall be eligible for appointment to any of the said posts: 

Provided that the Central Government may, if satisfied that such marriage is

permissible under the personal law applicable to such person and the other

party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

RULE 5 POWER TO RELAX

Where the Central Government is of the opinion that it is necessary or expedient to do so, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rule with respect 10 any class or category of persons.

RULE 6 SAVING

Nothing in these rules shall affect reservations, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, Scheduled Tribes, Ex-Servicemen and other categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

MONOPOLIES AND RESTRICTIVE TRADE PRACTICES RULES, 1970

In exercise of the powers conferred by section 67of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), the Central Government hereby makes the following Rules, namely :-

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the Monopolies and Restrictive Trade Practices Rules, 1970.

(2) They shall come into force on the date1of their publication in the Official Gazette.

RULE 2 Definitions

In these rules,-

(a) "Act" means the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969);

(b) "form" means a form specified in the Schedule to these rules;

2[(bb)"Director General" means the Director General of Investigation and Registration appointed under section 8-of the Act;]

3(c) "principal officer" in relation to an undertaking means:  (i) where the undertaking is owned by a body corporate- 

(a) the managing director of the body corporate; or

(b) any other director, manager or secretary of the body corporate who has been

authorised by the board of directors of such body corporate by means of a resolution in that behalf;

(ii) where the undertaking is owned by a firm, any partner thereof;

(iii) where the undertaking is owned by a Hindu undivided family, the karta or the manager of the family;

(iv) where the undertaking is owned or controlled by an association of individuals, whether incorporated or not, the individual who has been specifically authorised in writing in this behalf;

(v) where the undertaking is owned by an individual, the individual himself;

(vi) where the undertaking is owned or controlled by a trust, the managing trustee or any other individual, who is managing the trust.]

RULE 3 NOTICE OR APPLICATION TO THE CENTRAL GOVERNMENT

[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26-12-1991].

RULE 4 4

[Omitted by MRTP (Second Amendment) Rules, 1971].

RULE 4A PUBLICATION OF GENERAL NOTICE RELATING TO NOTICE UNDER SECTION 21 OR APPLICATION UNDER SECTION 22 OR 23

[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26-12-1991.]

RULE 5 NOTICE UNDER SUB-SECTION (1) OF SECTION 21

[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26-12-1991.]

RULE 5A APPLICATION UNDER CLAUSE (D) OF SUB-SECTION (3) OF SECTION 21

[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26-12-1991.]

RULE 6 APPLICATION UNDER SUB-SECTION (2) OF SECTION 22

[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26-12-1991.]

RULE 6A APPLICATION UNDER CLAUSE (D) OF SUB-SECTION (3) OF SECTION 22

[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26-12-1991.]

RULE 6B EXENPTION UNDER CLAUSE (AA) OF SUB-SECTION (1) OF SECTION 22A

[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26-12-1991.]

RULE 7 APPLICATION UNDER SECTION 23

[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26-12-1991.]

RULE 8 APPLICATION UNDER SECTION 25

[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26-12-1991.]

RULE 9 APPLICATION FOR REGISTRATION

[Omitted by the MRTP(Amendment)Rules, 1991,w.e.f.26-12-1991.]

RULE 9A APPLICATION FOR CANCELLATION OF REGISTRATION

[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f.26-12-1991.]

RULE 9B APPLICATION FOR APPROVAL UNDER SECTION 30B

[Omitted by the MRTP (Amendment) Rules, 1991,w.e.f. 26-12-1991.]

RULE 9C INTIMATION UNDER SECTION 30C AND APPLICATION FOR APPROVAL UNDER SECTION 30D

[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26-12-1991.]

RULE 10 PAYMENT OF FEES

(1) Fees payable under the Act or any rules or regulations made thereunder shall be paid by means of a challan into the Public Account of India at the undermentioned branches of the Punjab National Bank for credit under the Head ofAccount "104 Other General Economic Services-Fees realised underthe Monopolies and Restrictive Trade Practices Act, 1969--(i) Fees realised by the Monopolies and Restrictive Trade Practices Commission and by the Director General of Investigation and Registration; (ii) Application fees realised by the Central Government underthe Monopolies and Restrictive Trade Practices Act, 1969-.Sl. No. City Name of the Branch of the Punjab National Bank 1. Ahmedabad Ashram Road 2. Allahabad Civil Lines 3. Bengalore City Branch 4. Bombay Phiroz Shah Mehta Road 5. Calcutta Brabourne Road 6. Chandigarh Sector 17 7. Cuttack Cuttack 8. Delhi Barakhamba Road, New Delhi 9. Ernakulam Ernakulam 10. Gwalior Naya Bazar 11. Hyderabad Bank Street 12. Jaipur M.I. Road 13. Jodhpur Ratnada Colony 14. Jullundur Civil Lines 15. Kanpur Swaroop Nagar 16. Madras Mount Road 17. Nagpur Kingsway 18. Panaji Piffurlekar Road 19. Patna Boring Road 20. Shillong Shillong 21. Srinagar Amirkadal

(2) The fees payable under the Act, or any rule or regulations made thereunder may also be paid by means of a demand draft drawn in favour of Pay and Accounts Officer, Department of Company Affairs, New Delhi.

(3) The challan/bank draft may be sent to the Department of Company Affairs, Shastri Bhawan, New Delhi or the Monopolies and Restrictive Trade Practices Commissioner or the Director General of Investigation and Registration, New Delhi, as the case may be.]

RULE 11 APPLICATION UNDER SECTION 36(3) OF THE ACT

(1) Where an application is received by the Director General under subsection (3) of section 36-of the Act and he is of the opinion that it can be disposed of in conformity with any general directions issued by the Commission, he shall do so after giving the applicant an opportunity of being heard.

(2) Any application made to the Director General under sub-section (3) of section 36-of the Act shall be accompanied by six additional copies thereof.]

RULE 11A PARTICULARS TO BE ENTERED IN THE REGISTER AND ITS MAINTENANCE

(1) The Director General shall enter the particulars of agreements registrable under sub-section (1) of section 33-of the Act and the substance of each order made by the Commission under section 37 in the register maintained in accordance with Form X.

(2) The Director General shall maintain a special section of the register under sub-section (2) of section 36-of the Act for entering therein such particulars as may be directed by the Commission or as may be prescribed by regulations made in this behalf undersection 66-.

(3) The Director General shall maintain an alphabetical index of the names of the parties to the agreements other than those reserved to be entered in the special section of the register.

(4) The Director General shall also maintain an alphabetical index of the agreements in relation to the goods or services covered by such agreements, as far as practicable, on the lines of the classification specified in the Schedule to the Monopolies and Restrictive Trade Practices (Classification of Goods) Rules, 1971.

(5) All agreements and other documents furnished undersection 35-of the Act shall be kept in separate folders arranged in alphabetical order according to the name of the first contracting party.

(6) The Director General shall also maintain in separate registers, particulars in respect of restrictive trade practices, monopolistic trade practices and unfair trade practices investigated by him or inquired into by the Commission, in accordance with Form XI, Form XIA and Form XIB, respectively.]

RULE 12 THE PROCEDURE TO BE FOLLOWED IN FURNISHING PARTICULARS OF AGREEMENT

In respect of every agreement8[registrable under sub-section (1) of section 33-] of the Act,-

(i) there shall be delivered or sent to the9[Director General] within the period specified in sub-section (2)10[or, as the case may be, sub-section (3)], of section 35-of the Act- 

(a)11[two]copies of each document specified, in relation to that agreement,10 [or, as the case may be, of any variation or determination thereof] in clause

(iii) of this rule, one copy of each of which is signed or identified by the signature of the person furnishing it, and therewith,

(b) a certificate in12[Form XII] signed by the person furnishing such copies and certifying that there are comprised in those copies the whole of the terms of that agreement10[or of any variation or determination thereof] and thenames of the persons who are parties to it (including in the case of an agreement made by a trade association, all persons who are members of the association or are represented thereon by such members) ;

(ii)13[where any perrson is a party to numerous agreements which are in the same form except for one or more of the following, namely;- 

(1) the identity of another party thereto ;

(2) the date of duration thereof;

(3) the area or market allotted or the rate or quantum of commission or discount or rebate payable or the period for which credit is allowed or the amount of security to be deposited and the rate of interest, if any, payable thereon or the minimum quota of goods required to be disposed of over a specified period, to or by any party thereto;

(4) the products which are the subject-matter of such agreements, he may instead of complying with clause (i) of this rule in respect of each of those agreements individually, deliver or send to the14[Director General] within the period specified in sub-section (2) of section 35-of the Act-] 

(a)15[two] copies of each document specified in clause (iii) of this rule, setting out the

whole of the terms common to all agreements, one copy of each of which is signed or identified by the signature of the person furnishing it, and therewith;

(b)15[two] copies of lists indicating, respectively, the name and address of each person who is a party to all those agreements and16[the particulars as specified in clause (1) to (4) in respect of each such agreement]; and

(c) a certificate in17[Form XII] signed by the person furnishing those copies and certifying that there are comprised in those copies the whole of the terms of those agreements and the names of all the persons who are parties to them at the date of the certificate (including, in the case of an agreement made by a trade association, all persons who are members of the association or are represented thereon by such members);

(iii) 

(a) in so far as the terms of any agreement are comprised in one or more instruments in writing, each of those instruments (including, in relation to an agreement in whien a term is implied by rirtue of Explanation IIsection 35-of the Act, any specific recommendation to which such term applied) is a document of which copies are required to be delivered or sent to the14 [Director General]: Provided that if one or more of those instruments vary another or others of them, the copies of the instruments so varied may indicate and incorporate those variations;

18[(b) in so far as the terms of an agreement arc not comprised in one or more instruments in writing, a memorandum in writing, setting out the whole of the terms of the agreement and the names of persons who are parties to it (including in the case of an agreement made by a trade association, all persons who are members of the association or are represented thereon by such members) shall be delivered or sent to the19[Director General];

(c) in so far as an agreement, after it has been registered, is varied at any time (whether in respect of persons who are parties to it or in respect of the terms thereof) or is determined (otherwise than by efflux of time), then- 

(i) if the variation or determination is comprised in one or more instru- ments in writing, each of these instruments;

(ii) if the variation or determination is not comprised in one or more instruments in

writing, a memorandum in writing setting out the whole of the terms of variation or, as the case may be, indicating the determination;

shall be delivered or sent to the19[Director General]].

RULE 13 EXAMINATION AND RECORDING OF AGREEMENTS

(1)The Director General shall examine or cause to be examined particulars of every agreement received in his office.

(2) If, on such examination, any particulars are found to be defective or incomplete in any respect, the Director General shall, within a period of six months from the date of receipt of the agreement, direct the party who has furnished the agreement to rectify the defects therein or, as the case may be, to supply the omissions therefrom.

(3)The following particulars shall be endorsed on every document registered under these rules, namely :- 

(a) Date on which it is registered ;

(b) Serial number and page of the register of agreements in which entered.

(4)Every endorsement referred to in sub-rule (3) shall be signed by the Director General and shall bear his official seal.]

RULE 13A DUTIES AND FUNCTIONS OF THE DIRECTOR GENERAL

(1)  (a)The Director General shall, in addition to the duties and functions

entrusted to him under the Act and these rules, be entitled to appear in any proceeding in the course of any inquiry before the Commission;

(b)Where the Director General is entitled to appear before the Commission,

he may appear either in person or be represented by a counsel duly authorised in this behalf.

(2) It shall be the duty of the Director General to conduct such investigations as may be directed by the Commission for any of the purposes under the Act.]

RULE 14 ADDRESS TO WHICH THE DOCUMENTS ARE TO BE DELIVERED OR SENT

Anything required by these rules to be delivered or sent to the Registrar shall be addressed to the Registrar of Restrictive Trade Agreements, New Delhi.]

RULE 15 PLACE WHERE REGISTER IS TO BE MAINTAINED AND INSPECTED

The register of agreements shall be maintained at the Central Office of the Commission and at such other places as may be determined by the Central Government.]

RULE 16 INSPECTION OF, AND EXTRACTS FROM, THE REGISTER

(1) Any person who wishes to inspect the register, other than the special section, shall apply to the Director General along with a challan or a bank draft referred to inrule 10-evidencing the payment of a fee of rupees twenty-five for each day of inspection.

24[(2) The Director General may allow the applicant to inspect the register at any time during office hours between 10.30 a.m. to 4.00 p.m. on any working day either in his presence or in the presence of any person authorised by him in this behalf.]

(3) The applicant shall not be permitted to take out extracts of any particulars entered in the register, but may be allowed to take notes in pencil of any points from the particulars entered in the register.

(4) Any person who wishes to obtain a certified copy of, or extract from, any particulars entered in the register, other than the special section, shall apply to the Director General and such application shall be accompanied by a fee of rupee one for every one hundred words required to be copied, or extracted.

(5) A copy issued under sub-rule (4) of this rule shall be certified to be a true copy by the Director General or any officer authorised by him in this behalf.]

Footnotes:

2. Inserted by the MRTP (Amendment) Rules, 1984, w.e.f. 1-8-1984.

3. Substituted by the MRTP (Amendment) Rules, 1984, w.e.f. 1-8-1984.

8. Substituted for the words, "which is subject to registration under Chapter V" by the MRTP (Amendment) Rules, 1984, w.e.f. 1-8-1984.

9. Substituted for the word "Registrar", "which is subject to registration under Chapter V" by the MRTP (Amendment) Rules, 1984, w.e.f. 1-8-1984.

10. Inserted by the MRTP (Second Amendment) Rules, 1976, w.e.f. 25-9-1976.

11. Subsituted for the word "four" by the MRTP (Amendment) Rules, 1984, w.e.f. 1-8-1984.

12. Substituted for the word and figures "Form VIII", "four" by the MRTP (Amendment) Rules, 1984, w.e.f. 1-8-1984.

13. Substituted by the MRTP (Amendment) Rules, 1978, w.e.f. 16-9-1978.

14. Substituted for the word, "Registrar" by the MRTP (Amendment) Rules, 1984, w.e.f. 1-8-1984.

15. Substituted for the word "four", "Registrar" by the MRTP (Amendment) Rules, 1984, w.e.f. 1-8-1984.

16. Substituted by the MRTP (Amendment) Rules, 1978, w.e.f. 16-9-1978.

17. Substituted for the word and figures "Form VIII" by the MRTP (Amendment) Rules, 1984, w.e.f. 1-8-1984.

18. Substituted by the MRTP (Second Amendment) Rules, 1976, w.e.f. 25-9-1976.

19. Substituted, for the word "Registrar" by the MRTP (Amendment) Rules, 1984, w.e.f. 1-8-1984.

24. Substituted by the MRTP (Amendment) Rules, 1994, w.e.f. 14-2-1994. Earlier sub-rule (2) was inserted by the MRTP (Amendment) Rules, 1984, w.e.f. 1-8-1984.

MONOPOLIES AND RESTRICTIVE TRADE PRACTICES (INFORMATION) RULES, 1971

In exercise of the powers conferred by

section 67of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), read with section 43of that Act, the Central Government hereby makes the following rules, namely :-

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the Monopolies and Restrictive Trade Practices (Information) Rules, 1971.

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 INFORMATION TO BE FURNISHED TO THE CENTRAL GOVERNMENT

1[(1) Whenever any undertaking is called upon by a general or special order under ````````````````````````````````````````````````````````````````````````````````````````````````43-of the Monopolies and Restrictive Trade Practices Act, 1969, to furnish to the Central Government information concerning the activities carried on by it, the connection between it and any other undertaking or any other information relating to its organisation, business, cost of production, conduct, trade practice or management, such undertaking shall furnish, as and when required, the information called for annually or within such time as may be specified by that Government in the order.]

(2) Where any such undertaking is called upon to furnish to the Central Government information with regard to all or any of the following matters, namely, its organisation, business, cost of production, conduct, trade practice or management, such information shall be furnished in the form specified in the Schedule to these rules or in such part thereof as may be appropriate in relation to the information called for by that Government.

MONOPOLIES AND RESTRICTIVE TRADE PRACTICES (CLASSIFICATION OF GOODS) RULES, 1971

In exercise of the powers conferred by

section 67of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), the Central Government hereby makes the following rules, namely :-

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the Monopolies and Restrictive Trade Practices (Classification of Goods) Rules, 1971.

(2) They shall come into force on the date' of their publication in the Official Gazette.

RULE 2 CLASSIFICATION OF GOODS

(1) For the purposes of2[Chapter III of] the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), goods shall be classified in the manner specified in the Schedule to these Rules.

(2) For making the classification referred to in sub-rule (1)- 

(i) goods falling within a group specified in the Schedule, and not falling within any sub-group or item, shall be classified as goods of one description;

(ii) where any goods falling within a group, also fall within a sub-group,

goods falling within that sub-group shall be classified as goods of one description;

(iii) Where goods falling within any sub-group, also fall within any item specified under that sub-group, goods falling within that item shall be classified as goods of one description.

MONOPOLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION (CONDITIONS OF SERVICE OF CHAIRMAN AND MEMBERS) RULES, 1970

In exercise of the powers conferred by

section 27of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), the Central Government hereby makes the following rules, namely :-

RULE 1 SHORT TITLE

These rules may be called the Monopolies and Restricitive Trade Practices Commission (Conditions of Service of Chairman and Members) Rules, 1970.

RULE 2 DEFINITIONS

In these rules,-

(a) "Act" means the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) ;

(b) "Chairman" means the Chairman of the Commission ;

(c) "Commission" means the Monopolies and Restricitve Trade Practices Commission, established under section 5-of the Act ;

(d) "form" means a form specified in the Schedule to these rules ;

(e) "Judge" includes the Chief Jutice, enacting Chief Justice, an Additional Judge, and an acting Judge;

(f) "member" means a member of the Commission.

RULE 3 REMUNERATION, ALLOWANCES, ETC., OF CHAIRMAN

(1)A retired Judge of the Supreme Court or of a High Court appointed as Chairman or member shall be paid such salary which together with his pension and pension equivalent of any other form of retirement benefits shall not exceed the last pay drawn by him before retirement. He shall be entitled to such allowances and other benefits as are admissible to a serving Judge of the Supreme Court or of a High Court as the case may be.

(2) Where the Chairman or a member retires from service as a Judge of the Supreme Court or of a High Court during the term of office of such Chairman or member, he shall be paid for the period he serves as Chairman or member after retirement, such salary which, together with his pension and pension equivalent of any other form of retirement benefits shall not exceed the last pay drawn by him before retirement.

(3) A person, not being a serving or a retired Judge of the Supreme Court or of a High Court, appointed as Chairman shall be paid a salary of rupees three thousand and five hundred per mensen and shall be entitled to draw such allowances as are admissible to a Government officer of the first grade :

1[Provided that if such person at the time of his appointment as Chairman is in receipt of a pension in respect of any previous service under the Government or any local body or authority owned or controlled by the Government, such salary shall be reduced by the amount of pension and pension equivalent of any other form of retirement benefits.]

RULE 4 REMUNERATION, ALLOWANCES OF MEMBERS

A person, not being a serving or retired Judge of the Supreme Court or of a High Court, appointed as member shall be paid salary of rupees three thousand per mensem and shall be entitled to draw such allowances as are admissible to a Government officer of the first grade :1[Provided that if such person at the time of his appointment as member is in receipt of a pension in respect of any previous service under the Government or any local body or authority owned or controlled by the Government, such salary shall be reduced by the amount of pension and pension equivalent of any other form of retirement benefits.]

RULE 4A RETIREMENT DURING THE TERM OF CHAIRMAN OR MEMBER

Where the Chairman or a member retires from service under the Government or any local body or authority owned or controlled by the Government during the term of office of such Chairman or member, his salary for the period he serves as Chairman or member after such retirement shall be reduced by the amount of pension and pension equivalent of any other form of retirement benefits.]

RULE 4B CONTRIBUTORY PROVIDENT FUND

Where the salary of the Chairman or a member is fixed in accordance with rule 3-orrule 4-orrule 4A-, he shall be eligible for the benefits admissible under the Contributory Provident Fund Rules (India), 1962.]

RULE 5 TRAVELLING AND DAILY ALLOWANCES

(1) If the Chairman or a member is a serving or a retired Judge of the Supreme Court or of a High Court, he shall be entitled to draw travelling allowance under the Supreme Court Judges (Travelling Allowance) Rules, 1959, or, as the case may be, the High Court Judges (Travelling Allowance) Rules, 1956, in respect of journeys performed by him in connection with the work of the Commission at the rates as are admissible to a Judge of the Supreme Court or the High Court.

(2) If the Chairman or any member is not a serving or a retired Judge of the Supreme Court or of a High Court, he shall be entitled to draw travelling allowance in respect of journeys performed by him in connection with the work of the Commission at the same rates as are admissible to a Government officer of the first grade.

3[(3) The Chairman and members of the Commission shall be entitled to the same travelling allowance in respect of journey to their home town, on completion of their tenure, as is admissible to Central Government officers or retirement.]

RULE 6 LEAVE

(1) A serving Judge of the Supreme Court or of a High Court appointed as chairman or member shall continue to be governed in matters relating to as his rights in respect of leave by the provisions of the Supreme Court Judges (Conditions of Service) Act, 1958 (41 of 1958)-, or, as the case may be, the High Court Judges (Conditions of Service) Act, 1954 (28 of 1954)-, and the rules made thereunder :

Provided that where a serving Judge of the Supreme Court or of a High Court, appointed as Chairman or Member continues to be Chairman or Member after his retirement from service as a Judge of the Supreme Court or of a High Court, he shall be governed in matters relating to his rights in respect of leave by the Central Civil Services (Leave) Rules, 1972, from the date of his retirement as a Judge of the Supreme Court or, as the case may be, of a High Court, for the remaining period of his term of office.

(2) A person not being a serving Judge of the Supreme Court, or of a High Court, appointed as Chairman or member shall be governed in matters relating to his rights in respect of leave by the Central Civil Services (Leave) Rules, 1972 :

Provided that where an officer of Government to whom the Central Civil Services (Leave) Rules, 1972 are not applicable, is appointed as Chairman or member, he shall be governed in matters', relating to his rights in respect of leave by the rules applicable to him before such appointment.]

RULE 6A REFUSAL OF LEAVE

[Omitted by the MRTPC (Conditions of Service of Chairman and Members) Amendment Rules, 1981, w.e.f. 7-9-1981.]

RULE 6B LEAVE TRAVEL CONCESSION

The Chairman and members shall be entitle to the grant of leave travel concession, as is admissible to a Government officer appointed on contract basis.

RULE 7 OATHS OF OFFICE AND OF SECRECY

(1) Every person appointed to be the Chairman shall, before entering upon his office, make and subscribe to an oath of office and of secrecy before the5[Chief Justice of India or, in his absence, the senior most Judge of the Supreme Court available] in Form I and Form II respectively.

(2) Every person appointed to be a member shall, before entering upon his office, make and subscribe to an oath of office and of secrecy before the Chairman in Form I and Form II respectively.

MONOPOLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION (DESTRUCTION OF RECORDS) RULES, 1984

In exercise of the powers conferred by section 3 of the Destruction of Records Act, 1917 (5 of 1917), the Central Government hereby makes the following rules, namely :-

RULE 1 Short title and commencement

(1) These rules may be called the Monopolies and Restrictive Trade Practices Commission (Destruction of Records) Rules, 1984.

(2) They shall come into force on the date1of their publication in the Official Gazette.

RULE 2 Definitions

In these rules, unless the context otherwise requires-

(a) "Act" means the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969).

(b) "Applications" means an application made to the Central Government under the said Act.

(c) "Commission" means the Monopolies and Restrictive Trade Practices Commission constituted under section 5of the Act.

(d) "Registrar" means the Registrar of Restrictive Trade Agreements appointed under section 34-of the Act.

(e) "Officer" means the Administrative Officer of the Commission. (f) "Secretary" means the Secretary of the Commission. (g) "Order" means an order passed by the Commission under the Act. (h) "Undertaking" means an undertaking for the purposes of the Act.

RULE 3 PRESERVATION OF RECORDS

The records specifed in column (2) of the table in relation to the subject-matters specified therein shall be preserved for the periods specified in column (3) of the table, namely:-

Sl No.                 Subject                                

RULE 4 DESTRUCTION OF RECORDS

The records referred to at Sl. Nos. 7 to 15 of the table in rule 3-may be destroyed after expiry of the periods of their preservation is specified in that rule and no such record shall be destroyed except after obtaining the previous orders in writing of the Secretary of the Commission. However, the records mentioned at Sl. Nos. 1 to 6 of the table which are to be preserved for a period of 25 years shall not be destroyed by the Commission after the expiry of the said period unless the officers of the National Archives of India and the Commission have jointly reviewed them and agreed for their destruction.

RULE 5 RECORD OF DOCUMENTS DESTROYED TO BE MAINTAINED

The Administrative Officer shall maintain a register in the form set out in the appendix annexed hereto, where he shall enter in brief particulars of the records destroyed and shall certify under his own hand therein the date and mode of their destruction, which has been approved by the Secretary.

RULE 6 APPLICATION OF OTHER RULES NOT BARRED

The provisions of these rules shall be in addition to, and not in derogation of, the rules for the destruction of office records connected with the accounts (contained in Appendix 17 of the Compilation of the General Financial Rules.)

MONOPOLIES AND RESTRICTIVE TRADE PRACTICES (RECOGNITION OF CONSUMERS' ASSOCIATION) RULES, 1987

In exercise of the powers conferred by

Section 67read with clause (n) of section 2of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), the Central Government hereby makes the following rules, namely :-

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the Monopolies and Restrictive Trade Practices (Recognition of Consumers' Association) Rules, 1987.

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 DEFINITIONS

In these rules, unless the context otherwise requires,-

(a) "Act" means the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969);

(b) "Form" means a Form specified in the Schedule to these rules;

(c) "principal officer" in relation to a consumer association means any individual who is specifically authorised in writing or by means of a resolution adopted by such consumer association in that behalf.

RULE 3 APPLICATION FOR RECOGNITION OF CONSUMERS' ASSOCIATION

(1) Every consumers' association which is desirous of being recognised as a registered consumers' association- 

(a) shall have not less than ten consumers as its members; and

(b) shall make an application for such recognition in triplicate to the Central Government in the Department of Company Affairs in Form 1.

(2)Every application made under sub-rule (1) shall be accompanied by a challan or a bank draft evidencing the payment of a fee of rupees five hundred.

(3) On receipt of an application made under sub-rule (1), the Department of Company Affairs shall note thereon the date of its receipt and shall forthwith communicate such date to the applicant.

2[(4)The Department of Company Affairs may, before issuing a certificate of recognition, require the applicant to furnish such additional information as it may consider necessary within a period of thirty days of the date of receipt of the letter seeking such additional information.

(4A) Every application made under sub-rule (1) shall be disposed of by the Department of Company Affairs within ninety days from the date of receipt of the application or, as the case may be, of the receipt of the additional information furnished under sub-rule (4).]

(5) The certificate of recognition to be issued under sub-rule (4) shall be in Form II.

(6) Where a certificate of recognition issued under these rules is lost, destroyed or multilated, a duplicate may be issued on an application made in this regard and on payment of a fee of rupees fifty.

RULE 4 PAYMENT OF FEES

Fees payable under these rules shall be paid in accordance with the procedure laid down in rule 10 of the Monopolies and Restrictive Trade Practices Rules, 1970-

RULE 5 REFUSAL TO GRANT OF CERTIFICATE OF RECOGNITION TO CONSUMERS' ASSOCIATION.

Where a certificate of recognition of consumers' association has been refused, the applicant shall be informed of the reasons for such refusal.

RULE 6 COPIES OF CERTIFICATE OF RECOGNITION TO BE SENT TO CERTAIN AUTHORITIES.

Every consumers' association which has been recognised as a "registered consumers' association" shall furnish a copy of the certificate of recognition issued to it to the concerned Consumer Disputes Redressal Commission established under clause (b) of section 9 of the Consumer Protection Act, 1986 (68 of 1986)-

RULE 7 VERIFICATION OF APPLICATION

Every application made under these rules shall be duly verified by the principal officer-

MONOPOLICIES AND RESTRUCTIVE TRADE PRACTICES COMMISSION (STENOGRAPHER GRADE III) RECRUITMENT RULES, 1999

20th April, 1999

G.S.R. 126.—In exercise of the powers conferred by Section 67 read with section 8 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), and in supersession of the Monopolies arid Restrictive Trade Practices Commission (Group 'C' and 'D' posts) Recruitment Rules, 1988, in so far as (hey relate to the posts of Stenographer Grade II and Stenographer 'Grade III, except as respect things done or omitted to be done before such supersession, the Central Government, in consultation with the Commission, hereby makes the following rules to regulate the method of recruitment to the posts of Stenographer Grade II and Stenographer Grade III in the Monopolies and Restrictive Trade Practices Commission, namely :—

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the Monopolies and Restrictive Trade Practices Commission (Stenographer Grade II and Stenographer Grade III) Recruitment Rules, 1999.

(2) They shall come into force-on the date of their publication in the Official Gazette.

RULE 2 NUMBER OF POSTS, CLASSIFICATION AND SCALE OF PAY

—The number of posts, their classification and scale of pay attached thereto shall be as .specified in Columns 2 to 4 of the said Schedule.

RULE 3 METHOD OF RECRUITMENT, AGE LIMIT, QUALIFICATIONS, ETC

—The method of recruitment, age limit, qualifications and other matter:- idating to the said posts shall be as specified in columns 5 to 14 of the Schedule aforesaid.

RULE 4 DISQUALIFICATION

—No person,

(a) who has entered into or contracted a marriage with a person having a spouse living; or

(b) who having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to any of the said posts: 

Provided that the Central Government, may, if satisfied that such a marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

RULE 5 POWER TO RELAX

—Where the Central Government is of the opinion that it is necessary or expedient so to do. it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category or persons.

RULE 6 SAVING

—Nothing in these rules shall affect reservations. relaxation of age limit and other concessions required to be provided for the Scheduled Castes, Scheduled Tribes. Rx-service men and other special categories of the persons in accordance with the orders issued by the Central Government from. time to time in this regard.

MONOPOLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION REGULATIONS, 1991

In exercise of the. powers conferred by sections 18 and 66 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and in supersession of the Monopolies and Restrictive Trade Practices Commission Regulations, 1974, except as respects things done or omitted to be done before such supersession, the Monopolies and Restrictive Trade Practices Commission hereby makes the following regulations, namely :-

REGULATION 1 SHORT TITLE AND COMMENCEMENT

(1) These regulations may be called the Monopolies and Restrictive Trade Practices Commission Regulations, 1991.

(2) They shall come into force on the date of their publication in the Official Gazette.

REGULATION 2 DEFINITIONS

(1) In these regulations, unless the context otherwise requires : 

(a) "Act" means the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) ;

(b) "any other person interested" referred to in Section 41-of the Act includes

manufacturers, suppliers, wholesalers, retailers and the associations of the traders, consumers, employees or manufacturers and those engaged in the distributive trade.

(c) "Bench" means a Bench of the Commission formed under sub-section (2) of section 16-;

(d) "Chairman" means the Chairman of the Commission appointed under Section 5-.

(e) "Party" shall include complainant (whether individual consumer or registered consumer's or trade association, Director General, Central or State Government, as the case may be, and shall include a respondent or respondents against whom any enquiry or the proceedings is instituted or relief is sought to be made but shall not include the informant under subclause (iv) of clause (a) of section 10-or clause (d) of section 36B-:

Provided that for the purpose of this clause, in any enquiry or proceeding instituted or ordered by the Commission on its own knowledge or information, the Director General shall be deemed to be the only party for the conduct of such enquiry or proceedings against a respondent: Provided further that when the complainant does not pursue or ceases to take interest in this complaint, the Director General shall, with the permission of the Commission, be entitled to take full charge of the proceedings ;

(f) "Party to an agreement" includes any person deemed to be a party for the purpose of the Act;

(g) reference to "Court", while applying provisions of the Code of Civil

Procedure, 1908 (5 of 1908)-, shall be understood to refer to the

Commission and similarly, reference to "plaintiff" or "defendant" shall be understood to refer to appropriate parties before the Commission;-

(h) reference to "suits or petitions" while applying the provisions of the Code of Civil Procedure, 1908 (5 of 1908)-, shall be understood to refer to appropriate proceedings under the Act;

(i) "Secretary" means Secretary of the Commission and includes the Deputy Secretary, the Administrative Officer, Joint Director (Legal) and Deputy Director (Legal) of the Commission;

(j) "Section" means section of the Act.

(2) All words and expressions used and not defined in these regulations but defined in the Act shall have the meanings respectively assigned to them in the Act.

REGULATION 3 LANGUAGE OF THE COMMISSION

The proceedings of the Commission shall be conducted in English or Hindi.

REGULATION 4 LANGUAGE OF APPLICATION AND REFERENCE, ETC

No application, reference, document or other papers contained in any language other than English or Hindi shall be accepted by the Commission unless the same is accompanied by a translation thereof in English or Hindi.

REGULATION 5 TRANSLATION OF DOCUMENTS

The documents required to be translated into English or Hindi under regulation 4 shall be translated by a person appointed or approved by the Commission : Provided that any translation, which is agreed to by the parties to the proceedings, may be accepted by the Commission in appropriate cases as a true translation.

REGULATION 6 COMMISSION'S OFFICE

The Central Office of the Commission shall open at such times as the Chairman may by general or special order, direct.

REGULATION 7 ADJOURNMENT OF HEARINGS

The Commission may, if sufficient cause is shown at any stage of any proceedings, grant time to the parties or any of them and may from time to time adjourn hearing of the proceedings.

REGULATION 8 EX PARTE HEARINGS

Where on the day fixed for hearing or on any other day to which the hearing may be adjourned, if the parties to the proceeding do not appear, the proceedings, unless adjourned by the Commission, shall continue in the absence of such parties, not so appearing.

REGULATION 9 PLEADINGS BEFORE THE COMMISSION

All applications, replies, rejoinders, supplemental pleadings or other documents which are required to be filed before the Commission, shall be typed on one side of the foolscape size paper in double space.

REGULATION 10 INSPECTION AND CERTIFIED COPIES OF DOCUMENTS, PAPERS, ETC

(1)A party to any proceeding before the Commission may, subject to the provisions of sections 17-,18-and60-on an application made by it in that behalf, addressed to the Secretary, be allowed to inspect or obtain copies of pleadings and other documents or records in the proceedings on payment of fees and charges as may be specified.

(2) The Commission may, subject to the provisions of sections 17-,18-and60-on an application of a person, who is not a party to the proceedings, on sufficient cause shown, allow such person such inspection or to obtain such copies as are mentioned in sub- regulation (1) on payment of such fee as may be prescribed.

(3) An inspection shall be allowed only in the presence of a Gazetted Officer of the Commission, and copies of documents of the proceedings shall not be allowed to be taken but only notes of the inspection may be made.

(4) Copies of the proceedings, required under sub-regulation (1) or (2), may be certified, as true copies, by the Secretary or such other officer, as may be authorised in that behalf by the Commission, on payment of such fee as may be prescribed.

(5) Every duly authorised officer, not below the rank of Under Secretary to the Central Government or State Government or the Director General of Investigation and Registration, shall at all reasonable times, be entitled free of charge inspection of the file of proceedings of the Commission and to take copies or extracts from any document therefrom.

The Commission shall furnish such copies or extracts to the aforesaid officers as they may demand in writing.

REGULATION 11 REPORTS, ORDERS OR JUDGMENTS OF THE COMMISSION

(1) Every report, order, or judgment of the Commission shall be signed and dated by the Chairman and Members:

Provided that the Chairman or a member who dissents from the final conclusion shall record his reasons separately under his signature and date.

(2) If members of a Bench are equally divided in their opinions, they shall record their views separately under their signatures and date, and then the Chairman, may, if he is not a Member of the Bench, give his opinion, or if he is a Member of the Bench or otherwise does not want to give opinion, may direct another Member to give his opinion, if deemed necessary, after hearing the parties and thereafter the case will be decided, in accordance with the views of the majority.

(3) Every report that may be required to be submitted to the Central Government under the Act shall be sent to that Government under the signature of the Secretary.

REGULATION 12 EXTENSION OF TIME PRESCRIBED

Any time-limit fixed in these regulations or in any order of the Commission for doing any act may be extended (whether it has already expired or not) or abridged by an order of the Commission.

REGULATION 13 EFFECT OF NON-COMPLIANCE AND APPLICATION OF CODE OF CIVIL PROCEDURE TO MATTERS NOT PROVIDED

(1) Failure to comply with any requirement of these regulations shall not invalidate any proceedings, merely by reasons of such failure, unless the Commission is of the view that such failure has resulted in miscarriage of justice.

(2) Subject to the provision of sub-section (1) of section 12-, where no specific provision has been made in these regulations, the Code of Civil Procedure, 1908 (5 of 1908)-to the extent, as may be deemed expedient by the Commission, shall apply to the proceedings.

REGULATION 14 SERVICE OF NOTICE OR OTHER DOCUMENTS

(1) Every notice or other document, required to be- 

(a) served on or delivered to any person, may be sent by registered post, or by courier service, or by speed post addressed to the person or his agent, empowered to accept service, at the address furnished by him for service, or at the place where the person, or his agent ordinarily resides or carries on business or personally works for gain;

(b) delivered to or filed with the Secretary may be sent by registered post to the Secretary.

(2) An acknowledgment purporting to be signed by the addressee or his agent or an endorsement by a postal employee that the addressee or his agent refused to take delivery or certificate of the courier or speed post that the service has been effected, may be deemed to be a prima facie proof of service.

(3) Any notice or other document, required to be served on or delivered to a trade association may, if the association is not a body corporate, be sent to the Secretary, Manager or other officer of the association.

(4) Every notice or other document, required to be served on the Central Government or the State Government, as the case may be, shall be addressed and sent to the Secretary of the appropriate Ministry or Department and shall be served in the manner specified in clause (b) of sub-regulation (1).

(5) The notice or document in respect of an enquiry may be served- 

(a) where the enquiry is against a company or corporation on the Secretary, or on any director, or other principal officer of the company or corporation by leaving it or sending it by post addressed to the company or corporation at the registered office of such company or corporation or at the place where the company/corporation ordinarily carries on business;

(b) Where the enquiry is against a firm, the notice of enquiry may be served at the principal place at which the partnership business is carried on upon any person having, at the time of service, the control or management of the partnership business or upon any one or more of the partners of the firm ;

(c) on the proprietor in the case of a sole-trading firm.

REGULATION 15 COSTS

(1) The Commission, in its discretion may, subject to such conditions as may be specified in its order, determine costs of proceedings.

(2) The costs shall be paid within thirty days from the date of the order or within such time as the Commission may, by order, direct.

(3) The order of the Commission, awarding costs, shall be executed in the same manner as the order of a Civil Court and the provisions of Order 21 of the Code of Civil Procedure, 1908 (5 of 1908)-, shall apply to the execution of such order.

REGULATION 16 ENFORCEMENT OF ORDERS PASSED BY THE COMMISSION

(1) The Secretary shall ensure enforcement and compliance of the orders passed by the Commission, by the persons concerned, and, if necessary, seek the order of the Commission for such investigation, as may be required, to be carried on by the Director General or any other officer, not below the rank of Assistance Director of the Commission.

(2) The Director General, in appropriate cases, shall bring to the notice of the Commission non-compliance of the orders of the Commission and may seek directions for investigation into such non-compliance.

REGULATION 17 ORDER OF INVESTIGATION AND ITS EFFECT

(1) The Commission may, on receipt of a complaint, reference, application or information, or as the case may be, on its own knowledge, in the matter of restrictive or unfair trade practice under clause (a) of section 10-orsection 36B-, order a preliminary investigation by the Director General or by an officer not below the rank of Assistant Director. Explanation.-Whenever the Commission directs a preliminary investigation into any complaint under sub-clause (i) of clause (a) of section 10-or a preliminary investigation is compulsory required under section 36C-in respect of a complaint by any association, such investigation shall be made by the Director General.

(2) Order of investigation by the Commission under sub-regulation (1) shall be deemed to be the commencement of enquiry under the Act.

REGULATION 18 SUBMISSION OF PRELIMINARY INVESTIGATION REPORT

The Commission shall direct, by order, the Director General or any officer of the Commission, as the case may be, to complete the preliminary investigation and submit a report (5 copies besides such additional copies as is the number of respondents) within such time as it may fix in the order: Provided that the Commission may, on a request made by the Director General or by the officer of the Commission conducting investigation, extend the time for submission of report.

REGULATION 19 ACTION ON PRELIMINARY INVESTIGATION REPORT

(1) The Commission in its discretion and subject to the provisions ofthe Monopolies and Restrictive Trade Practices Rules, 1970-, may at any stage of the inquiry, bring on record, the report of the Director General or any officer of the Commission, or as the case may be, any information or other material, collected by the Director General or any officer of the Commission :

Provided that the Commission shall not bring on record such part or parts of the report, information or material, the disclosure of which, in the opinion of the Commission, is not relevant or is not in public interest.

REGULATION 20 FURTHER INVESTIGATION BY THE DIRECTOR GENERAL, ETC

(1) Where the Commission, on the perusal of a report of the Director General or any officer of the Commission submitted under regulation 18, is of the view that a further investigation is necessary, it may by order direct the Director General or such officer of the Commission to make such further investigation, as the Commission may think necessary, and submit a further report.

(2) Where on the perusal of a report under regulation 18 or sub-regulation (1) of this regulation, or both, as the case may be, the Commission is of the opinion that no prima facic case is made out for the issuance of notice enquiry in respect of all or any of the allegations, it may drop the proceedings in respect of all or, as the case may be, any of the allegations:

Provided that where investigation has been made on the basis of a complaint, reference or application under section 10-or36B-or31-, the Commission shall give the complainant, the concerned Government or, as the case may be, the Director General, but not the informant under sub-clause (iv) of clause (a) of section 10-or clause (d) of section 36-B-, an opportunity of being heard before passing order to drop the proceedings in respect of all or any of the allegations : Provided further that subject to the provisions of section 60-, the registered consumer association or trade association or a consumer, who has filed the complaint, on the basis of which an investigation has been made, may be supplied with a copy of the preliminary investigation report for the purpose of enquiry under the Act.

REGULATION 21 ENQUIRY ON THE BASIS OF PRELIMINARY INVESTIGATION REPORT

Where the Commission after considering the report under regulation 18 or sub- regulation (1) of regulation 20, or, both as the case may be, is of the opinion that an enquiry must be held into a restrictive trade practice or an unfair trade practice, it shall so order and such enquiry shall be held in accordance with the procedure laid down in Chapters IX and X of these regulations.

REGULATION 22 ENQUIRY INTO MONOPOLISTIC TRADE PRACTICE ON THE BASIS OF PRELIMINARY INVESTIGATION REPORT

Where the Commission after considering the report under regulation 18, or sub- regulation (1) of regulation 20, or both, as the case may be, as prima fade of the view that an enquiry shall be held into a monopolistic trade practice under clause (b) of section 10-, the procedure, as laid down for restrictive trade practice in Chapter IX, shall, mutatis mutandis, be followed. After enquiry, the Commission shall proceed as provided insection 31-of the Act.

REGULATION 23 TO REPRESENT THE COMMISSION BEFORE SUPREME COURT OR HIGH COURT

In the event of an appeal under section 55-, or application for grant of special leave to appeal under article 136 of the Constitution, or a writ petition under article 226 or 32 of the Constitution, the Director General shall represent the Commission before the Supreme Court or the High Court, as the case may be, except in those cases, where the Director General has himself filed an appeal or special leave to appeal against an order of the Commission.

REGULATION 24 FILING OF APPLICATION BEFORE THE DIRECTOR GENERAL

The applications filed before the Director General under sub-section (3) of section 36-shall be accompanied by five additional copies thereof, besides as many additional copies, as is the number of respondents.

REGULATION 25 FILING OF APPLICATION BY DIRECTOR GENERAL FOR SEEKING DIRECTIONS OF COMMISSION

Where the Director General files an application for seeking any directions of the Commission for disposing of any application under sub-section (3) of section 36-, he shall make an application along with four extra copies thereof to that effect and such an application shall contain information and be accompanied by the following documents :

(a) a copy of the application of the party concerned ;

(b) a copy of agreement in (quadruplicate) ; and

(c) comments of the Director General on the application.

REGULATION 26 DISPOSAL OF THE DIRECTOR GENERAL'S APPLICATION BY THE COMMISSION

On the receipt of application under regulation 25, the Commission may, if it considers necessary, give the applicant an opportunity of being heard. The Director General shall also be heard in such proceedings and for this purpose intimation about the date of hearing shall be sent to him.

REGULATION 27 MODE OF INVESTIGATIONS

(1) Without prejudice to the provisions of regulations 17, 18, 19 and 20 the Commission may, at any time, direct the Director General or any one or more of its officers, not below the rank of Assistant Director, to (a) study, (b) investigate and report; or furnish any information in respect of any trade practice, which constitute or contribute to monopolistic, restrictive or unfair trade practice in any trade or are alleged to have been practised by any producer, distributor, dealer, agriculturist, processor, miner or investor in respect of any application or reference under section 61-or Chapters III, IV, V and VI of the Act, and for this purpose, the Commission may give to the Director General or such officer or officers of the Commission any direction as it may deem fit and may fix time, within which the report is to be submitted or information furnished. If any such report or information appears to the Commission to be insufficient, the Commission may give directions for a further or supplementary report or information thereon.

(2) The provisions of regulations 19 and 20 shall, mutatis mutandis, apply to the report furnished or as the case may be, the information, material and evidence, if any, collected under sub-regulation (1) for the purpose of any action proposed to be taken thereon.

REGULATION 28 REFERENCES RECEIVED UNDER SECTIONS 21, 22, 23, 27 AND 27-A OF THE ACT

(1) Where a reference is received by the Commission from the Central Government, under sections 21-,22-,23-,27-and27A-, the Commission may publish short particulars concerning the reference by way of a notice in such daily newspapers for inviting comments regarding the proposal within such time as may be mentioned in the notice. The comments shall be sent to the Commission in quadruplicate and the person sending the comments shall state whether he would like to participate in the public hearing before the Commission.

(2) In case of references under Section 27-or27A-, the Commission shall, after such investigation as it deems fit, formulate its tentative opinion. It shall, thereafter, furnish to the owner of the undertaking concerned a copy of the reference and its tentative opinion. The owner of the undertaking(s) concerned, may, within such time as the Commission may fix in each case, file a statement of its objections and/or suggestions to or in respect of the tentative opinion.

(3) The Commission may address letters to the applicant, concerned Government Department and such other persons, calling for such particulars and information, as in the opinion of the Commission may be relevant to the reference received by the Commission. The replies to such letters to the Commission shall be furnished in quadruplicate.

(4) The Commission may call the applicant concerned, owner of the undertaking(s), any government official and any other person, for such discussion as it may consider necessary for the enquiry.

(5) The Commission may visit such establishment, including that of the applicant, or concerned owner of the undertaking(s) and hold discussions with their representatives, if in the opinion of the Commission such visits and discussions may be useful for the enquiry.

(6) The Commission may depute such of its officers and staff to such places and to meet such persons, as it may deem appropriate, for enquiries and discussions, relevant to the reference and lake into consideration the reports of such officers.

(7) The applicant, the concerned owner of the undertakings, the persons, who have sent their comments and expressed their desire to participate in the public hearing and such other persons as the Commission may determine, shall be intimated about the date of public hearing not less than 21 days before the date fixed for hearing. The persons, who have sent their comments and an intimation that they would like to participate in the public hearing shall file with the Commission, not less than 10 days before the date of public hearing, a statement containing the submissions that they wish to make at the public hearing.

(8) Subject to the provisions of sections 17-and18-the Commission shall hear the persons, to whom an intimation of the public hearing is sent under sub-regulation (7). The Commission may, if it considers necessary, examine witnesses, including experts in any field. The persons so examined may, at the discretion of the Commission, be cross- examined by any of the parties to whom an intimation of public hearing is sent.

(9) In an enquiry to be made by the Commission under this regulation, the Central Government shall be entitled to be represented by such officer as it may depute. The persons concerned, appearing in person or represented by a counsel specifically authorised by them to act on their behalf, may be heard.

REGULATION 29

In the case of a reference under section 31-of the Act or upon its own knowledge and information under clause (b) of section 10-in respect of monopolistic trade practice, the Commission shall direct investigation to be carried out by the Director (Investigation and Enforcement) of the Commission and on receipt of preliminary investigation report, it may proceed with the enquiry and for that purpose such procedure be followed mutatis mutandis as is laid down under Chapter IX of these regulations. After such enquiry the Commission shall proceed in accordance with the provisions of section 31-

REGULATION 30

Where the Central Government required the Commission to make a report under section 61-or where the Central Government consults it under section 24-,27-or27A-, the Commission may decide the procedure to be followed in accordance with the circumstances of each case. For the purpose of making a report in such cases, the Commission may employ such experts as it may consider necessary.

REGULATION 31 EXEMPTION FROM SECTIONS 39 TO 40

The Director General or any other person interested who wishes to make a reference to the Commission under section 41-for exemption from the operation of sections 39-and40-, shall make an application in writing, clearly stating :-

(a) the nature of interest claimed by the applicant that entitles him to make the reference;

(b) the class of goods to which it relates and the sub-classes thereof, if any ;

(c) the trade name or names, or trademark or marks by which name or mark the goods are identified in the market :

(d) the names and addresses of other persons, dealing in the class of goods for which application is being made before the Commission, as far as the applicant can furnish such information : and

(e) the clause or clauses of sub-section ( 1 ) of section 41-on which reliance is placed for making application and the reasons in support of the same.

REGULATION 32 APPLICATION TO CONTAIN NECESSARY EVIDENCE

The application referred to in regulation 31 shall be supported by evidence regarding facts mentioned therein and be verified.

REGULATION 33 APPLICATION BY MORE THAN ONE PERSON

Where more than one person deals with similar class of goods for which exemption under section 41-is sought, the application may be made jointly by such persons.

REGULATION 34 COMMON APPLICATION

A common application may be made for a number of classes of goods appearing to be closely related. However the Commission may ask the applicants to make separate applications, if the Commission during the course of considering such applica- tion, comes to the conclusion that separate applications are necessary or desirable.

REGULATION 35 SEPARATE APPLICATION FOR EACH CLASS OF GOODS

Where an exemption is sought in respect of more than one class of goods that are not closely related, a separate application shall be made in respect of each class of such goods.

REGULATION 36 ISSUE OF NOTICE, ETC

(1) On receipt of an application under regulation 31 if the Secretary is of the opinion that there is no prima facie substance in the application, he may place the same before the Commission for preliminary hearing and inform the applicants and the Director General of the date of such hearing. The Commission may, after hearing the applicants and the Director General, reject the application.

(2) The Secretary shall, in respect of applications which are not rejected in limine, give notice to the concerned parties and shall also give public notice by advertisement in such daily newspaper or newspapers as may be decided by the Commission by a general or special order. The notice shall briefly state the relevant details including the class or classes of goods in respect of which the application is made and the names and complete addresses of the parties making the application.

(3) The Secretary shall send a copy of the notice to the Secretary of the Ministry or Department, dealing with the subject-matter of application, informing him that the Ministry or Department may, if it so desires, send its comments to the Commission regarding the subject-matter of the application.

REGULATION 37 REPRESENTATIONS

Representations, opposing or supporting the reference, shall be filed before the Commission within 30 days of the publication of the public notice in the daily newspapers and shall state the nature of the interest of the party making representation and whether he supports or opposes the maintenance of minimum re-sale price in respect of all or any of the goods to which the notice relates. Such representations shall comply with the other requirements of regulation 58 and shall be verified in the manner laid down in regulation 49.

REGULATION 38 PRELIMINARY HEARING

(1) After the expiry of the time-limit for filing the representations under regulation 37 the Commission shall fix a date for the preliminary hearing. The applicant who had filed the reference before the Commission shall state his case indicating broadly as to what would be his submissions before the Commission. During the course of hearing, the applicant shall be served with the copies of the representations received in response to the public notice, and he shall file his reply within 14 days of the service of such notice on him.

(2) If, during the course of the preliminary hearing, it appears to the Commission that the prayer made in the reference and the circumstances of the case are substantially similar to those considered in some earlier proceedings disposed of by it, it may direct that the reference be disposed of summarily.

(3) Where the applicant or any respondent applies to the Commission for an order that any proceedings pending before the Commission be consolidated and heard together, the two proceedings may, if the Commission so directs, be consolidated and heard together.

REGULATION 39 INVESTIGATION BY DIRECTOR GENERAL, ETC., REGARDING APPLICATIONS FILED BY ANY OTHER PERSON INTERESTED

(1) After the hearing under regulation 38 and after taking into account the representations received, the Commission may, if it thinks necessary refer the matter to the Director General or any other officer of the Commission for investigation in such manner as it may, by order, direct.

(2) The Director General or any other officer of the Commission not below the rank of Assistant Director shall make a report containing the findings of his investigation to the Commission within 90 days from the date of direction for investigation or within the period as the Commission may extend.

REGULATION 40 DIRECTIONS

After receipt of the report of the Director General or any other officer of the Commission and after taking into account the submissions made by the parties to the proceedings during the course of the preliminary hearing and those contained in the representations received and the replies filed by the applicant, under regulation 37, the Commission-

(a) shall determine which of the persons, who have filed representations before the Commission, in response to the public notice may be permitted to take part or represented in the proceedings before it;

(b) may, by order, direct that some or all of the persons who have filed representations before it shall be represented by such common representative, as it may deem fit;

(c) may, by order, direct that the reference may be so amended to include therein or to exclude therefrom any goods or in any other manner as it may deem fit ;

(d) may give such other directions as it may think fit including :- 

(i) the amendment of the notice of hearing or any representation, answer or reply;

(ii) the supply of further and better particulars ; (iii) the delivery of interrogatories ; (iv) the admission of any facts or documents ;

(v) the discovery or further discovery of any documents and inspection thereof;

(vi) the admission of any document in evidence ; (vii) the mode in which evidence is to be given ;

(viii) the taking and recording of any evidence including the appointment of a Commissioner for the purpose ; and

(ix) an investigation of the cost in respect of any class of goods, in producing or supplying any goods or in applying any process of manufacture to goods and the manner in which the result of such investigation is to be brought before the Commission at the final hearing.

REGULATION 41 SERVICE OF NOTICE OF HEARING

The Secretary shall serve a copy of the hearing notice, not less than 21 days a notice in writing to the applicants and the persons entitled to take part in the proceedings by virtue of directions given under items (a) and (b) of regulation 40 and such a notice shall, in the case of persons entitled to take part in the proceedings under such direction be accompanied by a copy or copies of the reference.

REGULATION 42 FINAL HEARING

The hearing regarding these references shall be held in accordance with regulation 70.

REGULATION 43 INTERLOCUTORY ORDER

Where a direction has been given under regulation 38 for the determination oft he reference in a summary way or for consolidation the Commission may at the hearing unless it is satisfied that the relevant facts and circumstances of the reference differ in some material respect from the facts and circumstances considered in the reference-

(a) make an order on the application in a summary way without hearing evidence, or on such evidence, whether oral or documentary, as it may think fit ; and

(b) by order give any directions, which the Commission should have given under-section 41-, if the issue had been determined after a final hearing, or defer the making of any such order giving any direction until all other issues in the proceedings have been disposed of.

REGULATION 44 FINAL ORDER

After hearing the applicants and the persons who have filed representations before the Commission and have been permitted to take part in the proceedings, and after examination of such witnesses as may be called upon by the Commission it shall pass final orders on the application/applications. A copy of such order duly authenticated by the Secretary and bearing the seal of the Commission shall be served on the applicant and other persons permitted to take part in the proceedings.

REGULATION 45 COMPLAINT UNDER SECTION 10(A)(I)

(1) A complaint under sub-clause (i) of clause (a) of section 10-of the Act shall contain the facts complained of which constitute restrictive trade practice.

(2) A complaint by any trade association or any registered consumer association shall be signed and verified by any office bearer of the association who is authorised in writing by the President of that association and a complaint by an individual consumer shall be signed and verified by such consumer in the manner prescribed in regulation 49.

REGULATION 46 REFERENCE BY GOVERNMENT

A reference made by the Central Government or a State Government under sub- clause (ii) of clause (a) of section 10-shall, similarly, contain the facts which constitute a restrictive trade practice, and be signed and verified in the manner prescribed in regulation 49.

REGULATION 47 APPLICATION BY DIRECTOR GENERAL

An application under sub-clause (iii) of clause (a) of section 10-by the Director General shall contain the facts, which constitute a restrictive trade practice and if it is in relation to any agreement registrable under section 33-of the Act shall set-out such portions of the agreement as may be necessary to bring out the fads complained of and be signed and verified by the Director General in the manner prescribed in regulation 49.

REGULATION 48 COPIES OF COMPLAINT, REFERENCE, ETC

The original complaint, reference or the application, as the case may be, referred to in regulations 45 to 47, shall be accompanied by four copies thereof for the Commission's record and such additional number of copies thereof, as may be neces- sary, for being served on respondents or other interested parties referred to in the respective complaint, reference or application.

REGULATION 49 SIGNING OF THE PLEADING, ETC., TO BE FILED BEFORE THE COMMISSION

All complaints, references, applications, statements of the case and other pleadings to be filed before the Commission, shall be signed by the parties or their duly authorised representatives and verified. The person verifying shall specify, by reference to the numbered paragraphs, what he verifies on his own knowledge and what he verifies on information, received and believed to be true. The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.

REGULATION 50 PROCEEDINGS BEFORE THE COMMISSION

If on receipt of a complaint, reference or application or information under clause (a) of section 10-of the Act, and on consideration of any evidence on record or preliminary investigation report, if any, the Commission is of the opinion that there are sufficient grounds to issue a process, requiring the attendance of the person or persons complained against, such a process shall be issued and it will be called Notice of Enquiry.

REGULATION 51 NOTICE OF ENQUIRY

(1) The notice of enquiry referred to in regulation 50 shall be accompanied by:- 

(i) in the case of complaint under sub-clause (i) of clause (a) of section 10-of the Act, a copy of such complaint ;

(ii) in the case of reference under sub-clause (ii) of clause (a) of section 10-of the Act, a copy of such reference ;

(iii) in the case of an applications under sub-clause (iii) of clause (a) of section 10-of the Act, a copy of such applications; and

(iv) in case of an enquiry under sub-clause (iv) of clause (a) of section 10-of the Act, a concise statement of material facts on which the notice is based, or a copy of the preliminary investigation report or relevant extract thereof.

(2) A combined notice under two or more sub-clauses of clause (a) of section 10-of the Act may be directed to be issued together by the Commission.

(3) Every such notice shall specify the date and place of hearing before the Commission.

REGULATION 52 NOTICE MAY RELATE TO A NUMBER OF AGREEMENTS OR TRADE PRACTICES

A notice may relate to one agreement or to a number of agreements, or one trade practice or to number of trade practices appearing to the Commission to be related in such a way as to make it desirable that they should be considered in the same proceedings.

REGULATION 53 NOTICE TO BEAR THE COMMISSION'S SEAL

A notice shall bear the Commission's seal and be signed by the Secretary and when returned after service shall be filed by the Secretary.

REGULATION 54 SERVICE OF NOTICE

Subject to regulation 57, the Commission shall cause a copy of the notice to be served on such parties, as the Commission may decide and such of those parties, as the Commission may direct, shall be respondents to the proceedings.

REGULATION 55 SERVICE OF NOTICE ON A TRADE ASSOCIATION

The Commission may, if it thinks fit, serve a copy of notice on any trade association whose members or any of whose members are parties to any agreement or are alleged to be guilty of a trade practice to which the notice relates, and the trade association may, if the Commission so directs, be made a respondent to the proceedings, without prejudice to any application under regulation 57 for the representation of members of the association by the association.

REGULATION 56 PUBLICATION OF NOTICE OF ENQUIRY AND ORDERS PASSED BY THE COMMISSION

(1) Short particulars regarding enquiry by the Commission and orders passed by the Commission may be published at such time and in such manner and in such daily newspapers, by the Secretary as the commission may by any general or special order, direct.

(2) The Secretary may also issue a press release in such a manner as he may deem fit, or as directed by the Commission.

REGULATION 57 PERSONS HAVING COMMON INTEREST

(1) Where there are a number of persons having common interest, whether as complainants, respondents or as parties who are served with notice under regulations 50, 53, 54 or 55, the Commission may, by order, direct that any particular complaint, respondent or party shall appear in the proceedings on behalf of or for the benefit of all persons having common interest and the Commission shall, in such a case, give notice of proceedings to all such persons having common interest either by personal service, or, where the persons to be served are in large numbers or for any other cause such personal service is not reasonably practicable, by public advertisement, as the Commission may in each case direct.

(2) Any person on whose behalf or for whose benefit any party appears in the proceedings may apply to the Commission to be made a party to the proceedings.

(3) The Commission shall, in such cases, determine as to who shall bear the costs of any of the public advertisements or personal service.

REGULATION 58 APPEARANCE OF PARTIES

(1) A respondent on whom a notice has been served and who wishes to be heard in the proceedings shall, not less than 10 days before the date of hearing specified in the notice, enter appearance in the office of the Commission by delivering to the Secretary with a copy to the Director General, a memorandum with five additional copies, indicating that he wants to be heard in the proceedings and containing the name of his advocate or the name and full official and residential address of his authorised representative and duly authorised to accept service of process.

(2) The advocate or authorised representative named by the respondent shall file vakalatnama/power of attorney at the time of appearance. Explanation.-An authorised representative shall either be a member of the Institute of Chartered Accountants of India, the Institute of Costs and Works Accountants of India, or the Institute of Company Secretaries of India or a person holding qualification of post- graduate or higher qualification in Commerce or Economics or Management and furnish his full official and residential addresses :

Provided that in the event of misconduct, the Commission may disallow any of the aforesaid authorised representatives to appear before the Commission.

REGULATION 59 REPLY TO THE NOTICE

(1) Every respondent who has entered appearance shall, while entering appearance, deliver to the Secretary a reply to the notice (five copies besides as many copies as in the number of respondents) which shall include- 

(a) particulars of each of the circumstances contained in section 38-of the Act on which he intends to rely ; and

(b) particulars of the facts and matters alleged by him to entitle him to reply on section 38-

(2) Where the respondent relies on any document (whether in his possession or power or not) as evidence in support of his reply, he shall enter such document in a list to be added or annexed to the reply. Where any such document is not in the possession or power of the respondent, he shall, if possible, state in whose possession or power it is. The respondent shall also send or supply copy of reply to the notice of enquiry to the complainant (whether individual or registered consumer association or trade association) along with a copy of list of documents relied upon.

(3) The document which ought to be entered in the list referred to in sub-regulation (2) and is not so entered, shall not, without the leave of the Commission, be received in evidence on behalf of the respondent.

(4) The Secretary shall, as soon as may be, furnish copy or copies to the Director General or other parties concerned, including the complainant, in case copies have not been supplied to any one of them by the respondent.

REGULATION 60 NOTICE FOR INSPECTION OF DOCUMENTS BY DIRECTOR GENERAL

Every respondent shall, within seven days after receiving notice in that behalf from the Director General, produce for his inspection the documents or such of them as may be specified in the notice and shall permit him to make copies thereof: Provided that nothing herein contained shall effect the right of the respondent to claim, for reasons to be stated privilege for any of the said documents.

REGULATION 61 FILING OF PLEADINGS

No pleading, subsequent to the reply, shall be presented except by the leave of the Commission upon such terms as the Commission may think fit; but the Commis- sion may, at any time, require a pleading or rejoinder or a supplemental pleading from any of the parties and fix a time for presenting the same.

REGULATION 62 THE COMMISSION MAY STRIKE OUT THE WHOLE OR PART OF THE PLEADINGS

The Commission may, on the application of the party, strike out the whole or any part of the reply, rejoinder, pleading or supplemental pleading, which appears to the Commission liable to be struck out in accordance with the provisions of Rule 16 ofOrder 6 of the Code of Civil Procedure, 1908-, and in that event, allow further time for the delivery of the reply, rejoinder, pleading or supplemental pleading,

REGULATION 63 AMENDMENTS IN PROCEEDINGS

(1) The Commission may, at any time, amend, any defect or error in any proceeding including notice of enquiry and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or dependent on such proceedings.

(2) The Commission may, at any time or stage of the proceedings, allow any party to alter or amend his reply to the notice of enquiry, rejoinder, pleading or supplemental pleading in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy.

REGULATION 64 JOINDER OF THE PARTIES

(1) Any party to the proceedings may, at any lime, apply to the Commission (with four additional copies of the application) for an order that any person, not already a party, be added as a party to the proceedings and shall give notice of application to all other parties and to the persons sought to be added.

(2) The Commission may, at any stage of the proceedings either of its own motion or on the application of any parties to the proceedings on such terms as may appear to the Commission just and equitable, order that the name of any parties improperly joined be struck out, and the name of any person who ought to have beenjoined or whose presence before the Commission may be necessary in order lo enable the Commission, effectively and completely to adjudicate upon and settle all questions involved in the proceedings be added.

(3) Where any party is added or name of the parties is struck out the pleading, unless the Commission otherwise directs, be amended in such manner as may be necessary.

(4) The provisions ofOrder 1 of the Code of Civil Procedure, 1908 (5 of 1908)-, shall apply mutatis mutandis to these proceedings.

(5) Any complainant, applicant or Government authority who makes a complaint, application or reference under sub-clauses (i) to (iii) of clause (a) ofsection 10-of the Act, as the case may be, shall be a party and shall be entitled to participate, file pleadings and be heard. He shall also be entitled to copies of application, if any, pleadings, filed by the Director General or any other person, during the proceedings of the enquiry. An informant may, at the discretion of the Commission, be heard in the proceedings, if he makes a request in that behalf and the Secretary may, and if so directed by the Commission shall, furnish to him or in a copy of the documents filed with him under regulations 45, 46, 47, 58, 59 and 63.

REGULATION 65 APPLICATION FOR DIRECTIONS

(1) On the date of hearing, the Commission may, either suo motu or on an application by any party, give such directions, as it may think fit, with regard to the following matters :- 

(a) the amendment of the notice of enquiry or any representation, answer or reply;

(b) the delivery of further and better particulars; (c) the delivery of interrogatories ; (d) the admission of any facts or documents;

(e) the discovery or further discovery of any documents and inspection thereof;

(f) the admission, in evidence of any document ;

(g) the mode in which evidence is to be given ;

(h) the taking and recording of any event including the appointment of a Commission- er for that purpose;

(i) the investigating of the cause in respect of any class of goods, in producing or supplying any goods or in applying any process of manufacture to goods and the manner in which the result of such investigation is to be brought before the Commission at the final hearing ; and

(j) any other matter as may be considered necessary or proper for the purpose of enquiry.

(2) In any enquiry, where issues have been framed on any question of law or fact and the Director General, the complainant or the person making the reference, as the case may be, has not filed the list of documents on which he relies, he shall file the list on the date, when the issues are framed or within such time as the Commission may direct.

REGULATION 66 ADMISSION OF DOCUMENTS BY A PARTY IN ENQUIRY PROCEEDINGS

(1) Any party to the enquiry may call upon any other party to the enquiry to admit within fifteen days from the date of the service of notice of enquiry any documents relevant to the enquiry.

(2) Where a party unreasonably neglects or refuses to admit documents after the service on him of the notice to admit documents, the Commission may direct him to pay costs to the other party by way of compensation.

REGULATION 67 INTERLOCUTORY APPLICATIONS

Except where these regulations otherwise provide or the Commission otherwise directs, every interlocutory application shall be made on not less than seven days notice to every other party concerned in the subject-matter of the application and the notice shall include particulars of the directions or orders to be sought.

REGULATION 68 PROVING OF FACTS

All facts required to be proved at the hearing shall, unless they are admitted, be proved as under :-

(1) by oral examination, cross examination and examination of witnesses or by affidavits in accordance withOrder 19 of the Code of Civil Procedure, 1908-read withsection 12(1)(c)-of the Act; and

(2) by documentary evidence consisting of original or authenticated copies of docu- ments, entries in the books or authenticated copies thereof or film audio or video tapes.

REGULATION 69 SCIENTIFIC, TECHNICAL AND STATISTICAL INFORMATION

In case of scientific, technical or statistical information relevant to the proceeding, the same may, by the permission of the Commission, be proved by production of specified scientific, technical, economic or trade publication or work of reference, containing such information.

REGULATION 70 FINAL HEARING

The final hearing shall take place in the open court : Provided that if the Commission is satisfied that it is in the public interest that the hearing or part thereof should not take place in open court or that evidence may be given as to a secret process of manufacture or as to the presence, or absence, or situation of any mineral or other deposits or as to any similar matter the publication of which is likely to damage substantially the legitimate business interest of any person, it shall and may in any other case in which it appears proper to the Commission to do so, order that the hearing or such part thereof as the Commission may direct, shall take place in camera.

REGULATION 71 DETERMINATION OF ISSUE IN A SUMMARY WAY

If on the hearing of an application it appears to the Commission that the relevant provisions of the agreement or any other facts or circumstances relating to the aggrement or to a trade practice or practices, are substantially similar to those considered in previous proceedings before the Commission; it may direct that the issue be referred for determination in a summary way.

REGULATION 72 DIRECTIONS IN CASE OF DETERMINATION OF ISSUES IN A SUMMARY WAY

Where a direction has been given under regulation 71, the Commission may at the hearing, unless it is satisfied that the relevant provisions of the agreement or trade practice or practices or the circumstances of the case differ in some material respects from the provisions or trade practice or practices, and circumstances considered in the previous proceedings:-

(a) determine the issue in a summary way without hearing the evidence or on such evidence whether oral or documentary as it may think fit ; and

(b) by order give any direction, which the Commission could have given undersection 37-of the Act if the issue had been determined after final hearing in the ordinary way or defer making of any such order giving any direction until all other issues in the proceedings have been disposed of.

REGULATION 73 CALLING OF COMMENTS ON COMPLAINTS

The Commission may, in its discretion, instead of directing investigation or instituting enquiry straightaway, on a complaint undersection 10(1)(i)-or36-B(a)-or information underSection 10(a)(iv)-or36-B(d)-of the Act, sent a copy of the complaint or information to the person against from whom the same is made calling for comments for enabling it to either do the needful as desired by the complainant or informant or send his own version. The Commission may, thereafter on receipt of the reply or after expiry of the time fixed for sending the comments, proceed with the complaint or information in accordance with the provisions of the Act and the regulations.

REGULATION 74 FINAL ORDERS

After hearing the complainant or the applicant or any Government authorities making a reference, or the Director General, as the case may be, and the respondents and other persons who have filed representations before the Commission and who have been permited to take part in the proceedings and after examination of such witnesses as called upon by the Commission, it shall pass final orders on the complaint, application, reference, etc. A copy of such order duly authenticated by the Secretary and bearing the seal of the Commission shall be served on the complainant, applicant. Government authorities making the reference, the respondent, as also on such other Government authorities and other persons permitted to take part in the proceed- ings.

REGULATION 75 INQUIRIES INTO UNFAIR TRADE PRACTICES

The procedure laid down in Chapter IX of these regulations for inquiries into restrictive trade practices shall, mutatis mutandis, apply to the inquiries into unfair trade practices undersection 36D-of the Act, subject to the modification that-

(i) reference to sub-clauses (i) to (iv) of clause (a) of section 10-of the Act shall be construed as a reference to the corresponding clauses (a) to (d) of section 36B-, and

(ii) reference tosection 37-of the Act shall be construed as a reference tosection 36D-of the Act.

REGULATION 76 TEMPORARY INJUNCTION

Every application undersection 12A-of the Act for issuance of a temporary injunction shall be supported by an affidavit of the person making the application stating the facts which constitute monopolistic, restrictive or unfair trade practice and the circumstance whereby it is intended to be proved that the said trade practice is likely to affect the public interest or the interest of any trader or traders generally, or any consumer or consumers generally. The application shall be accompanied by five extra copies and one additional copy for each respondent. The application shall be filed with the Secretary who shall forthwith place the application before the Commission for disposal.

REGULATION 77 APPLICATION FOR COMPENSATION

(1) Every application made undersection 12B-of the Act for compensation shall be supported by an affidavit of the person making the application in the form appended to these regulations stating the particulars and the extent of the loss or damage caused as a result of the alleged monopolistic, restrictive or unfair trade practice and also staling that he has not filed any application either before the Commission or before any authority under theConsumer Protection Act, 1986 (68 of 1986)-and be filed with the Secretary with five extra copies and one additional copy for each respondent.

(2)The Commission may, before making any order undersection 12A-orsection 12B-of the Act, direct the Director General to make such investigation as may be deemed necessary into the allegations and submit a report thereon.

REGULATION 78 REVIEW APPLICATION

An application under sub-section (2) ofsection 13-of the Act shall contain facts or the reasons as to why the order sought to be reviewed is liable to be altered, modified or set aside. It shall be supported by an affidavit. No order shall be changed, altered, modified or set aside without an opportunity of being heard, having been given to the person in whose favour the order is (sic) and the Director General.

REGULATION 79 RECTIFICATION OF ERRORS

Any clerical or arithmetical mistakes in any proceedings, amendment of proceed- ings, declaration or order of the Commission or error therein arising from any accidental slip or omission may, at any time, be corrected by the Commission either on its own motion or on the application of any party and the provisions ofsections 152-and153 of the Code of Civil Procedure, 1908 (5 of 1908)-shall be applicable in this respect.