Law: Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970

Section: 16 , 19 , 6 , 20

Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (v of 1970)--- --Preamble---Purpose of Ordinance and functions of Monopoly Control Authority stated.   Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)--- ---S.16---Monopoly Control Authority Rules, 1971, R.10---Registration of agreement within prescribed time---Phrase "the application shall be filed within fifteen days of the date when agreement became registerable under the Ordinance" in R. 10 is vague and needs further clarification as neither S.16 of the Ordinance nor proviso to R.10 of the Rules specifies any definite point of time for reckoning the duration of 15 days provided in the latter. Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)--- ---Ss.6(1), 3, 12 & 11---Registered agreement prohibited by S.3 and in respect of which an order can be passed under S.12 after following the procedure laid down in S.11---If the agreement in question came within the ambit of . S.6(2), which embodies exceptions to S.6(1) than that would not be violative of S.3 and no further action under S.11 and S.12 will be required in respect thereof---After the first stage of registration for the purpose of collection of necessary information and relevant data is over, Authority shall commence the second stage in the procedure of registration and finalise the matter in accordance with law. Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)--- ----Ss. 16, 19 & 20---Necessary parties in agreements in question, besides the company itself, two more firms or undertakings were parties---Contention was that those two firms which were necessary parties had been kept out and not afforded opportunity of being heard---Held, said firms were not penalised either and had they been party to the proceedings, they would have shared the penalty with the company so in this respect they did not suffer---Authority, was however, directed to join the said two firms and afford them the opportunity of being heard along with the company during further proceedings. Monopolies and…