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THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969

Title : THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969

Year : 1969



(1) The register, other than the special section, shall be open 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 the 1*[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 the 1*[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 the 1*[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.

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1. Substituted by Act 30 of 1984, section 2, for "Registrar" w.e.f. 1-8-1984.

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(1) The Commission 1*[may, 2*[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, or 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;
3[***]

(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.

4*[(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.]

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1. Substituted by Act 20 of 1983, section 2 and Schedule, for "may make regulations" w.e.f. 15-3-1984.

2. Substituted by Act 30 of 1984, section 2, for "by notification in the Official Gazette" w.e.f. 1-8-1984.

3. Clause (d) omitted by Act 30 of 1984, section 49 w.r.e.f. 1-8-1984.

4. Inserted by Act 20 of 1983, section 2 and Schedule w.e.f. 15-3-1984.

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(1) The Central Government may, 1*[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 therefore;

2[***]

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

2[***]

(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;

4[***]

(c) The conditions of service of members of the Commission and the 5*[Director General];

6*[(ca) The duties and functions of the Director General;]

(d) The places and the manner in which the register shall be maintained 7[***] and the particulars to be entered therein;

8*[(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;

9[***]

(h) Any other matter which is required to be, or may be, prescribed.
10*[(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 role 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 or 11*[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.
12[***]

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1. Substituted by Act 30 of 1984, section 2, for "by notification in the Official Gazette" w.e.f. 1-8-1984.

2. Clause (aa) Inserted by Act 30 of 1984, section 50 w.e.f. 1-8-1984, relettered as clause (ac) by Act 74 of 1986 section 7 w.e.f. 1-5-1987 and clause (ac) omitted by Act 58 of 1991, section 26 w.r.e.f. 27-7-1991.

3. Inserted by Act 74 of 1986, section 7 w.e.f. 1-6-1987.

4. Clause (ba) Inserted by Act 30 of 1984, section 50 w.e.f. 1-8-1984 and omitted by Act 58 of 1991, section 26 w.r.e.f. 27-7-1991.

5. Substituted by Act 30 of 1984, section 2 for "Registrar" w.e.f. 1-8-1984.

6. Inserted by Act 30 of 1984, section 50 w.e.f. 1-8-1984.

7. The words "by the Registrar" omitted by Act 30 of 1984, section 50.

8. Inserted by Act 30 of 1984, section 50 w.e.f. 1-8-1984.

9. Clause (g) omitted by Act 58 of 1991, section 26 w.r.e.f. 27-9-1991.

10. Inserted by Act 62 of 1988, section 3 w.e.f. 1-12-1988.

11. Substituted by Act 20 of 1983, section 2 and Schedule, for certain words w.e.f. 15-3-1984.

12. Schedule Inserted by Act 30 of 1984, section 51 w.e.f. 1-8-1984 and omitted by Act 58 of 1991, section w.r.e.f 27-9-1991.

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Last updated on June, 2016

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