Competition Commission Enquiry (Conduct of Investigating Officers) Rules 2007

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COMPETITION COMMISSION ENQUIRY (CONDUCT OF INVESTIGATING OFFICERS) RULES, 2007

(Gazette of Pakistan, Extraordinary, Part II, dated 24th April, 2007\\8)

S.R.O. 400(I)/2008, dated 24-4-2008. -In exercise of the powers conferred by section 55 read with sub-section 3 of section 35 of the Competition Ordinance, 2007 (LII of 2007), the Competition Commission of Pakistan, with approval of the Federal Government, hereby makes the following rules, namely: -

1. Short title, commencement and application. -(1) These rules may be called the Competition Commission Enquiry (Conduct of Investigating Officers) Rules, 2008.

(2) They shall come into force at once.

(3) These rules shall apply to any investigating officer authorized by the Commission and the Inquiry Officer appointed by the Commission under the Ordinance.

2. Definition. -(1) In these rules, unless there is anything repugnant in the subject or context, ---

(a) "Inquiry Officer" means the officer or Committee, as the case may be, appointed by the Commission to conduct enquiry into the conduct of investigating officer;

(b) "Investigating officer" means an individual authorized by the Commission to enter any place or building of an undertaking, under the Ordinance;

(c) "Ordinance" means the Competition Ordinance, 2007 (LII of 2007); and

(d) "person" includes an undertaking.

(2) Words and expressions used but not defined herein, shall have the same meanings as are assigned to them in the Ordinance.

3. Filing of complaint. -(1) Any person or undertaking, aggrieved by the conduct of an investigating officer (the accused) who is alleged to have exercised the power which was vexatious, excessive or with mala fide intent, may lodge a complaint in writing before the Commission.

(2) Upon receipt of the complaint by any aggrieved person the Commission may initiate proceedings against the accused.

4. Procedure of the enquiry. - (1) The Commission shall, before passing any order in respect of the complaint, appoint any one or more officers of the Commission as Inquiry Officer to scrutinize the complaint and to verify the contents thereof.

(2) The Inquiry Officer, upon his appointment under sub-rule (1) shall, -

(a) communicate to the accused, the charges and statement of allegations specified in the complaint;

(b) require the accused within seven days from the day the charge is communicated to him to make a written defence; and

(c) quire into the charge and may examine such oral or documentary evidence in support of the charge or in defence of the accused as may be considered necessary and the accused shall be entitled to cross-examine the witnesses against him.

(3) Where the Inquiry Officer is satisfied that the accused is hampering, or attempting to hamper, the progress of such enquiry, he shall record his finding to that effect and proceed to complete the same in such manner as may be deemed proper in the interest of justice.

(4) Upon completion of the aforementioned steps the Inquiry Officer shall submit a report in writing to the Commission stating the findings against or in favour of accused within thirty days from the date of his appointment under sub rule (1).

5. Powers of the Inquiry Officer. --The Inquiry Officer shall have power to, --

(a) summon and enforce attendance of concerned, persons and examine them on oath;

(c) require the discovery and production of any document;

(d) receive evidence on affidavit; and

(e) record evidence.

6. Place of the enquiry .-The Inquiry Officer shall conduct enquiry at such place as may be deemed fit by the Commission.

7. Order to be passed upon a finding. - Every finding recorded by the Inquiry Officer under sub-rule (4) of rule 4 shall be submitted to the Commission and if the Commission, after giving him an opportunity of being heard on such date as may be specified in the notice finds that the exercise of power was vexatious, excessive or with mala fide intent, the accused shall be dismissed from service and shall also be liable to prosecution as provided for in sub-section (3) of section 35 of the Ordinance.

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