Monopolies and Restrictive Trade Practices Act,1969
Act No : 54
Section :
Powers of the commission.
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. 6[(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 and 228 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 7[and Chapter XXVI of the code of Criminal Procedure, 1973] (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 ---------------------------------------------------------------------- 1. Subs. by s.2 30 of 1984, (w.e.f. 1.8.1984). 2. Ins. by 58 of 1991, s.3 (w.e.f. 27.9. 1991). 3. Subs. by Act 30 of 1984, s.8 (w.e.f. 1.8.1984). 4. Subs. by s.4, 58 of 1991 (w.e.f. 27.9.1991). 5. Omitted by s.4, ibid (w.e.f. 27.9.1991) 6. Ins. by s.5, ibid. (w.e.f. 27.9.1991). 7. Subs. by s.5, ibid (w.e.f. 227.9.1991). ---------------------------------------------------------------------- 19 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 respects 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. 1[(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.] 2[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 parry 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 tem- porary 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 XXXIX 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. 3[Explanation I.--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.] 12B. Power of 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, loss or, damage is caused to the Central Government, or any 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 suchh 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 1 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 allegations 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 compen- sation 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, not- withstanding, 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. 12C. Enforcement of the order made by the commission under section 12A or 12B. Every o[rder 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 any 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.]
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