Sections Particulars
Chapter I Preliminary
1 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...
2 Definitions
In this Act, unless the context otherwise requires-(a) "agreement" includes any arrangement or understanding, whether or not it is intended that such agreement...
2A 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, ...
3 Act not to apply in certain cases
Unless the Central Government, 28[by notification], otherwise directs, this Act shall not apply to-(a) any undertaking owned or controlled by a government comp...
4 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 ...
Chapter II Monopolies And Restrictive Trade Practices Commission
5 Establishment and constitution of the Commission
(1) For the purposes of this Act, the Central Government shall establish, 28[by notification], a Commission to be known as the Monopolies and Restrictive Trad...
6 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...
7 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 opi...
8 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 Assist...
9 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 o...
10 Inquiry into monopolistic or restrictive trade practices by Commission
The Commission may inquire into-(a) any restrictive trade practice-(i) on receiving a complaint of facts which constitute such practice 31from any trade associ...
11 Investigation by Director General before issue of process in certain cases
33[(1) The Commission may, before issuing any process requiring the attendance of the person against whom an inquiry (other than an inquiry upon an applicatio...
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,...
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 trader or any other pers...
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...
12C Enforcement of the order made by the Commission under section 12A or 12B
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 perso...
13 Orders of the Commission may be subject to conditions, etc.
(1) In making any order this Act, the Commission may make such provisions not in consistent with this Act, as it may think necessary or desirable for the prop...
13A Power of the Commission to cause investigation to find out whether or not orders made by it have been complied with
(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 ...
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...
14 Orders where party concerned does not carry on business in India
Where any practice substantially falls within 37[monopolistic, restrictive, or unfair trade practice, relating to the production, storage, supply,] distributi...
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 rest...
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 ...
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 tha...
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 Bench...
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 32[or an unfair trade practice, as the c...
Chapter III Concentration Of Economic Power
[Part A consisting sections 20 to 26 and words "Part B"", omitted by Act No. 58 of 1991 s.8(a) and s. 8(b) respectively, w.e.f. 27th. September, 1991]"
27 Division of undertakings
(1) 33[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 fac...
27A Power of the Central Government to direct severance of inter-connection between undertakings
(1) 38 [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 f...
27B Manner in which order made under section 27 or section 27 As shall be carried out
(1) Where in any report made by it, whether under section 27 or section 27A, the Commission recommends that the division of any trade of any undertakings or d...
Chapter IV Monopolistic Trade Practices
31 Investigation by Commission of monopolistic trade practices
(1) Where it appears to the Central Government 40[that the owners of one or more undertakings are indulging in any practice which is, or, may be, a monopolist...
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 ...
Chapter V Restrictive Trade Practices And Unfair Trade Practices
33 Registrable agreements relating to restrictive trade practices
(1) 43[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 re...
34 Registrar of restrictive trade agreements
[Repealed by the Monopolies and Restrictive Trade Practices (Amendment) Act, 1984, s.  28 w.e.f. 1st. August, 1984]....
35 Registration of agreements
(1) The Central Government shall, 28[by notification], specify a day (hereinafter referred to as the appointed day) on and from which every agreement falling ...
36 Keeping the register
(1) For the purposes of this Act, the 32[Director General] shall keep a register in the prescribed form and shall enter therein the prescribed particulars as ...
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...
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 practice 46[from any trade association...
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 th...
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 prac...
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 and section 36D, the Commission, Director General or any other person authorized in this behal...
Chapter VI Control Of Certain Restrictive Trade Practices
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 no...
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 i...
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...
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...
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 32[Director General]or any other person interested, by order, direct that goods of any class specifie...
Chapter VII Power To Obtain Information And Appoint Inspectors
42 Power of 32[Director General] to obtain information
(1) If the 32[Director General] has reasonable cause to believe that any person is a party to an agreement subject to registration under section 35, he may gi...
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, 52[call upon the o...
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 or restrictiv...
Chapter VIII Offences And Penalties
45 [Omitted by Act No. 58 of 1991, s. 17, w.e.f. 27th. September, 1991]
46 Penalty for contravention of 54[* * *] section 27
If any person contravenes the provisions of section 27, he shall be punishable 10[with imprisonment for a term which may extend to five years, or] with fine w...
47 [Omitted by Act No. 58 of 1991] s. 17, w.e.f. 27th. September, 1991]
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 punishable 10[wi...
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 dis...
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)...
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 term 55[which shall not be less t...
49 Penalty for offences in relation to furnishing of information
(1) If any person fails, without any reasonable excuse, 56[to produce any books or papers, or to furnish any information, required by the Director General und...
50 Penalty for offences in relation to orders under the Act
57[(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 t...
51 Penalty for offences in relation to resale price maintenance
If any person contravenes the provisions of section 39 or section 40, he shall be punishable with imprisonment for a term which may extend to three months, or...
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 ...
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 rela...
52B Penalty for making false statement in application, returns, etc.
If any application, return, report, certificate, balance sheet, prospectus, statement or other document made, submitted, furnished or produced for the purpose...
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 respon...
Chapter IX Miscellaneous
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 ...
55 Appeals
Any person aggrieved by 59[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 Go...
56 jurisdiction of courts to try offences
No court inferior to that of a 61[court of Session] shall try any offence under this Act....
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 ...
58 Magistrate's power to impose enhanced penalties
[Repealed by the MRTP (Amendment) Act, 1984, w.e.f. 1st. August, 1984]...
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 pr...
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, s...
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...
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 Commissi...
63 Members, etc. to be public servants
Every member of the Commission, the   63[Director General], and every member of the staff of the Commission, and of the 63[Director General], shall be deemed,...
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, the 63[Director Gen...
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 exceedin...
66 Power to make regulations
(1) The Commission 64[may,  28[by notification)], make regulations for the efficient performance of its functions under this Act.(2) In particular, and withou...
67 Power to make rules
(1) The Central Government may, 28[by notification], make rules to carry out the purposes of this Act.(2) In particular, and without prejudice to the generalit...
Foot Notes
1 The Act became effective from 1st. June, 1970, Vide SO 1981, dated 30th. May, 1970.2 Substituted by Act No. 30 of 1984, w.e.f. 1st. August, 1984.3 Substitute...
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!