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.
[* * *]
(3)
If any condition, limitation or restriction imposed by the Central Government under sub-section (1) [* * *] [ The words brackets and figure " or any term of scheme of finance, as modified under sub-Section (2)" omitted by Act 58 of 1991, Section 24 (w.r.e.f. 27.9.1991).] is contravened, the Central Government may rescind or withdraw the approval, sanction, permission, confirmation, rocognition, direction order or exemption made or granted by it.
55. Appeals .-Any person aggrieved by [any decision on any question referred to in clause (a), clause (b) or clause (c) of section 2-A, or any order made by the Central Government under Chapter III] or Chapter IV, or, as the case may be, or the Commission under [section 12-A or] [ Inserted by Act 58 of 1991, Section 25 (w.r.e.f. 27.9.1991).][section 13 or section 36-D or section 37] [ Substituted by Act 30 of 1984, Section 44, for " Section 13 or Section 37" (w.e.f. 1.8.1984).] 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).
56. Jurisdiction of Courts to try offences .-No Court inferior to that of a [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 who is a public servant as defined in section 21 of the Indian Penal Code (45 of 1860).
58. Magistrate's power to impose enhanced penalties .-[Omitted by the Monopolies and Restrictive Trade Practices (Amendment) Act, 1984 (30 of 1984), section 46 (w.e.f. 1-8-1984).]
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 proceeding except a prosecution for giving false evidence by such statements:
Provided that the statement-
(a)
is made in respect to a question which he is required by the Commission to answer; and
(b)
is relevant to the subject-matter of the inquiry.
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.
(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].
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 or [restrictive or unfair trade practices] or concentration of economic power to the common detriment.
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.
63. Members, etc., to be public servants .-Every member of the Commission, the [Director-General], and every member of the staff of the Commission, and of the [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Director and the Registrar" (w.e.f. 1.8.1984).], 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).
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 [Director-General] or any member of the staff of the [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Director or the Registrar" (w.e.f. 1.8.1984).] 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.
65. Inspection of, and extracts from, the register .-(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 [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 [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984).] 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 [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984).] 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.
66. Power to make regulations .-(1) The Commission [may, ][by notification] [ Substituted by Act 20 of 1983, Section 2 and Schedule, for " may make regulations" (w.e.f. 15.3.1984).][, make regulations] [Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984). ] 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;
[* * *] [ Clause (d) omitted by Act 30 of 1984, Section 49 (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.
(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.] [ Inserted by Act 20 of 1983, Section 2 and Schedule (w.e.f. 15.3.1984).]
67. Power to make rules .-(1) The Central Government may, [by notification], make [rules] [See the Monopolies and Restrictive Trade Practices Rules, 1970; the Monopolies and Restrictive Trade Practices Commission (Conditions of Service of Chairman and Members) Rules, 1970; the Monopolies and Restrictive Trade Practices (Information) Rules, 1971 and the Monopolies and Restrictive Trade Practices (Classification of Goods) Rules, 1971. ] 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;
[* * *] [ Clause (aa) omitted by Act 58 of 1991, Section 26 (w.r.e.f. 27.7.1991).]
(ab)
[ the form and the manner in which an application for recognition shall be made under clause (n) of section 2] [ Inserted by Act 74 of 1986, Section 7 (w.e.f. 1.6.1987).];
[* * *] [ Clauses (ac) and (ba) omitted by Act 58 of 1991, Section 26 (w.r.e.f. 27.9.1991).]
(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;
[* * *] [Clauses (ac) and (ba) omitted by Act 58 of 1991, Section 26 (w.r.e.f. 27.9.1991). ]
(c)
the conditions of service of members of the Commission and the [Director-General] [ Substituted by Act 30 of 1984, Section 2, for " Registrar" (w.e.f. 1.8.1984).] ;
(ca)
[ the duties and functions of the Director-General] [ Inserted by Act 30 of 1984, Section 50 (w.e.f. 1.8.1984).];
(d)
the places and the manner in which the register shall be maintained [* * *] [ The words " by the Registrar" omitted by Act 30 of 1984, Section 50 (w.e.f. 1.8.1984).] and the particulars to be entered therein;
(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] [ Inserted by Act 30 of 1984, Section 50 (w.e.f. 1.8.1984).];
(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;
[* * *] [ Clause (g) omitted by Act 58 of 1991, Section 26 (w.r.e.f. 27.9.1991).]
(h)
any other matter which is required to be, or may be, prescribed.
[(2-A) 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 interest of any such member.] [ Inserted by Act 62 of 1988, Section 3 (w.e.f. 1.12.1988).]
(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 [in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] [ Substituted by Act 20 of 1983, Section 2 and Schedule, for certain words (w.e.f. 15.3.1984).], 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.
[***] [ The Schedule omitted by Act 58 of 1991, Section 27 (w.r.e.f. 27.9.1991).]