MRTP Act- The Director General of Investigation & Registration

The Office of the Director General of Investigation and Registration has been established under Section 8 of the Monopolies And Restrictive Trade Practices Act, 1969 (hereinafter referred to as ‘the Act’) for making investigations for the purposes of this Act and for maintaining a Register of agreements subject to registration and for performing such other functions as may be provided under the Act. The functions and duties of this organisation are categorized as under: –

REGISTRATION OF RESTRICTIVE TRADE AGREEMENTS:

• Registration of agreements under Section 35 of the Act relating to restrictive trade practices falling under Section 33(1) of the Act.
• Keeping a Register of agreements in the prescribed form to enter therein particulars of agreements subject to registration under Section 36(1).
• Prosecution under Section 48 of the Act for non-compliance of the provisions of Section 35 relating to registration of agreements containing clauses relating to restrictive trade practices.
• Afford inspection of Register of agreements to the public and to furnish extracts thereof duly certified (Section 65), filing applications under Section 10(a)(iii) before the MRTP Commission (hereinafter referred to as ‘the Commission’) for enquiry into restrictive trade practices arising out of agreements containing clauses relating to restrictive trade practices or on the basis of other information that comes to the knowledge of Director General (DGI&R).
• Recording of every order passed by the Commission in respect of restrictive or unfair trade practices, as the case may be, in the prescribed manner (Section 19).

INVESTIGATION OF MONOPOLISTIC, RESTRICTIVE AND UNFAIR TRADE PRACTICES:

• To conduct preliminary investigation under Section 11 and Section 36C of the Act and submit Preliminary Investigation Reports for consideration of the Commission.
• To conduct preliminary investigations into restrictive, monopolistic, and unfair trade practices suo moto, filing applications before the Commission under Section 10(a)(iii), 10(b) and 36B(c) of the Act where deemed fit on the basis of such investigations;
• To study, investigate and report or furnish as per directions of the Commission, information in respect of any trade practice as may constitute or contribute to monopolistic, restrictive and unfair trade practices.

CONSUMER PROTECTION:

• Investigation of complaints received from consumers, traders and consumer organisations for redressal of their grievances arising out of monopolistic, restrictive and unfair trade practices.
• To educate consumer organisations and other bodies connected with consumer protection about the provisions of the Act vis-a-vis Consumer Protection against restrictive, monopolistic and unfair trade practices.

PROSECUTION OF ENQUIRIES:

• The Director General of Investigation and Registration is the custodian of public interest in the enquiry proceedings before the Commission. He has to appear in person or through his counsels on the approved panel to safeguard the public interest before the Commission. The Director General of Investigation & Registration is required to represent the Commission before the Supreme Court to contest all the appeals filed under Section 55 of the Act against orders of the Commission.
• He represents the Commission in all writ petitions filed before various High Courts in the country to defend the Commission’s orders to safeguard the public interest against restrictive, monopolistic and unfair trade practices.