Monopoly Control Authority Rules 1971

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MONOPOLY CONTROL AUTHORITY RULES, 1971

[Gazette of Pakistan, Extraordinary, 31st December, 1971]

S.RO. 641(I)/71.‑‑‑The Monopoly Control Authority, in exercise of powers conferred by section 24 of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (V of 1970), hereby makes the following Rules:‑‑

PRELIMINARY

1. Short title and commencement.‑(1) These Rules may be called the Monopoly Control Authority Rules, 1971.

(2) They shall come into force at once.

2. Definitions.‑‑‑(1) In these Rules, unless there is anything repugnant in the subject or context,‑‑‑

(a) "Accountant" means a chartered accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961) or an industrial accountant within the meaning of the Industrial Accountants Act, 1966 (XIV of 1966);

(b) "Advocate" means a person entitled under the Legal Practitioners and Bar Councils Act, 1965 (III of 1965), to practise the profession of law;

(c) "Chairman" means the Chairman of the Monopoly Control Authority;

(d) "Form" means a Form set out in the Schedule to these Rules;

(e) "Member" means a Member of the Monopoly Control Authority and includes the Chairman;

(f) "Ordinance" means the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (V of 1970);

(g) "Register" shall not include a Special Part thereof;

(h) "Registrar" means the Registrar of Monopoly Control Authority;

(i) "Section" means a section of the Ordinance.

(2) All other terms and expressions shall have the same meanings as are assigned to them in the Ordinance.

(3) Where any particular number of days is prescribed in these Rules or in an order of the Authority, the same shall be reckoned exclusively of the first day and inclusively of the last day, unless the last day shall happen to fall on a day which is a public holiday, in which case the time shall be reckoned exclusively of that day also and of any succeeding such public holiday.

3. Headquarters of the Authority.‑‑‑The Headquarters of the Authority shall be at Islamabad. The Authority may however, establish its Branch Registry/offices at such place or places in Pakistan as it may deem fit.

4. Sittings of the Authority.‑‑‑The sittings of the Authority shall normally be held at Islamabad, but the Authority may sit in such other place or places in Pakistan as the Authority may from time to time notify.

5. Hearing to be in public.‑‑‑(1) Subject to the provisions of sub‑rule (2), the hearing of the proceedings before the Authority shall be in public.

(2) Where the Authority is satisfied that it is desirable to do so, by reason of the confidential nature of any evidence or matter; or for any other reason, the Authority may‑‑‑

(a) hear the proceedings or any part thereof in private;

(b) give direction as to the persons who may be present thereat

(c) prohibit or restrict the publication of any part of evidence given before the Authority, or of matters contained in documents filed before the Authority.

6. Procedure of the Authority.‑‑‑(1) Subject to the provisions of the Ordinance and these Rules, the Chairman shall have power to regulate‑‑‑

(a)? the conduct of the business of the Authority;

(b) the performance by one or more Members of any function or the exercise of any power relating to a proceeding or inquiry.

(2) In particular, and without prejudice to the generality of the foregoing provisions, the powers of the Authority shall include the power to determine the extent to which persons interested or claiming to be interested in the subject-matter of any proceedings before it are allowed to be present or to be heard either by themselves, or through Advocate or Accountant or authorised agent, to cross‑examine witnesses, or otherwise to take part in the proceedings.

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7. Decisions of the Authority.‑‑‑ (1) All sittings, of the Authority shall be presided over by the Chairman, and in the absence of the Chairman, by a Member authorised in that behalf by the Chairman.

(2) The decisions of the Authority shall he expressed in terms of the opinion, of 15e majority of the Members.

(3) Where a case is heard by two Members by reason of a vacancy slid there is difference of opinion amongst the Members, the case shall be reheard by the full Authority, after the vacancy has been filled.

8. Appearance by authorised representative.‑‑‑Any individual, who is entitled or required to attend before the Authority in connection with any proceeding under the Ordinance, otherwise than when required to attend personally for examination on oath or affirmation, may be represented at such attendance by a person authorised by him in writing in this behalf, or an Advocate or an Accountant.

REGISTRATION OF UNDERTAKINGS, ETC

9. Registrar of Monopoly Control Authority.‑‑‑(1) For maintaining registers for registration of undertakings, individuals and agreements subject to registration under the Ordinance and for performing such other duties as the Authority may assign, there shall be appointed by the Authority an officer to be known as the Registrar.

(2) The Authority may, appoint as many persons as it thinks fit to be Deputy or Assistant Registrars for the purpose of assisting the Registrar in the performance of his functions.

10. Registration.‑‑‑(1) Every undertaking, individual and agreement of the nature referred to in section 16 shall be registered with the Authority within fifteen days of the publication of these Rule. On the official Gazette. The Authority may extend the date on representation from persons or undertakings concerned if it is satisfied that extension is justified:

Provided that in the case of an undertaking, individual or agreement becoming liable to registration after the aforesaid date, the application shall be filed within fifteen days of the date when such undertaking, individual or agreement becomes registrable under the Ordinance.

(2) (a) With every application for the registration of an undertaking, there shall be furnished such particulars as are specified in Form I.

(b) With every application for the registration of individual there shall be furnished such particulars as are specified in Form II.

( Substituted by S.R.O. 753(I)/78, dated 15‑11‑1980.)[Explanation.‑‑‑An individual who is registrable in relation to more than one undertaking shall apply separately in respect of each undertaking].

(c) With every application for the registration of an agreement, there shall be furnished such particulars as are specified in Form III.

( Substituted by Notification S.R.O.753(I)/78, dated 12-6-1978.)[Explanation.‑‑‑If more than one agreement are required to be registered and such agreements are identical in nature, the requirement of this rule shall be satisfied if only one consolidated application. is made and a list of parties to the agreement together with such other particulars as may vary in each agreement is furnished].

( Words deleted by Notification S.R.O.1141(I)/80, dated 15‑11‑1980.) [******].

(3) Every application under this rule shall be accompanied by a fee of ( Substituted for the word "hundred" by Notification S.R.O. 783(I)/99, dated 8‑6‑1999.) [one thousand] rupees.

(4) Upon registration, the Registrar shall issue a certificate in Form IV.

11. Registers and Special Parts of Registers.‑‑‑(1) The Registrar shall maintain separate registers for the registration of undertakings, individuals and agreements subject to registration under this Ordinance, containing particulars as set out in Forms V, VI and VII.

(2) The Registrar shall provide for the maintenance confidentially of a Special Part of each register for the entry or filing in that .Part of such particulars as the Authority may on the application of the person or undertaking concerned direct under subsection (4) of section 17, to be treated as trade secrets.

12. Inspection of Registers. ‑‑‑(1) Any person who wishes to inspect a register other than the Special Part thereof, shall apply to the Registrar ,specifying the register he wishes to inspect on payment of a fee of ( Substituted for the letters and figure "Rs.10" by ibid.) [one hundred rupees].

(2) The Registrar may allow the applicant to inspect the register, other than the Special Part thereof, during working hours either in his presence or in the presence of any other person authorised by him in that behalf.

(3) The applicant shall not be permitted to take out copies or extract of any particulars entered in the register, but may be allowed to take notes of any points from such particular.

MISCELLANEOUS

13. Advice to undertakings, etc.‑‑‑(1) A person or an undertaking asking for advice under clause (d) section 10 shall submit to the Authority a 'Statement of the Case' bringing out clearly the action or actions proposed to be taken.

(2) A fee of ( Substituted by Notification No.S.R.O.573(I)/82, dated 16‑6‑1982. Again substituted for the word "one" by Notification S.R.O. 783(I)/99, dated 8‑6‑1999.) [10 thousand] rupees shall be paid with every such Statement.

14. Orders of the Authority to be noted in Register.‑‑‑The Authority shall cause every order passed by it under sections 11, 13, 18 or 19 to be noted in the relevant register maintained by the Registrar.

15. Seal of the Authority.‑‑‑(1) The official Seal to be used in the Authority shall be such as the Authority may from time to time direct and shall be kept in the custody of the Registrar.

(2) Subject to any general or special directions given by the Chairman, the Seal of the Authority shall not be affixed to any order, summons, requisition, commission or other process, save under the authority in writing of the Registrar.

( Substituted by. Notification No. S.R.O. 573(I)/82, dated 12‑6‑1978.)[(3) The Seal of the Authority shall not be affixed to any certified copy save 'under the authority of the Registrar or of an officer authorised in writing in that behalf by the Registrar.]

( Substituted by Notification No. S.R.O. 573(I)/78, dated 12‑6‑1978.) [16. Copying fees and certified copies. ‑‑‑(1) The copying fee for certified copies of the order of the Authority and other documents shall be ( Substituted for the word "ten" by Notification No. S.R.O. 783(1)/99, dated 8‑6‑1999.) [one hundred] rupees for every one thousand words or a part thereof:

Provided that the Chairman may direct that certified copy of an order of the Authority be sent or furnished, without charging any fee, to a person affected by such order,

(2) The copies shall be certified by the officer having the custody of the order or the document as the case may be and sealed with the official seal of the Authority by the Registrar or an officer authorised in writing in that behalf by the Registrar.]

( Rule 17 substituted by Notification No. S.R.O.230(I)/77, dated 16‑3‑1977.) [17. Payment of penalties and fees. ‑‑‑(1) All penalties imposed under the Ordinance shall be paid into the State Bank of Pakistan, or any Bank acting as an agent of the State Bank of Pakistan or any Scheduled Bank declared as Bankers to the authority under the Major Head ( Substituted by Notification No. S.R.O. 1236(I)/80, dated 19‑12‑1980. Further substituted for the figures and words "1300‑‑‑Miscellaneous receipts", and minor head "1390‑‑‑Other‑‑‑‑Realisations under the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970" by Notification No.S.R.O.112(KE)/90, dated 13‑5‑1990.) [Major Head "1300000 Miscellaneous receipts" and Minor Head 1390000 Others (Note elsewhere stated), 1391000‑‑‑Other Receipts‑‑‑1391007‑‑‑Other Receipts‑‑‑Realisations under the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970].

(2) Fees payable under this Ordinance or these Rules, or Orders thereunder shall be paid by bank draft in fvaour of Monopoly Control Authority Fees Account National Bank of Pakistan, Main Branch, Islamabad.

SCHEDULE

FORM I

[Vide Rule 10(2)(a)]

MEMORANDUM

The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (V of 1970)

PARTICULARS TO BE FURNISHED WITH APPLICATIONS FOR REGISTRATION OF UNDERTAKINGS

  1. Name of Undertaking:

  2. Registered Office/Head Office:

  3. Registration Number under the Factories Act, 1934 (XXV of 1934), if any, or under any other law.

  4. Ownership.‑‑‑Whether proprietary, partnership, private limited company, or public limited company.

  5. Name of the applicant and position held in the undertaking.

  6. If the undertaking is a proprietary concern/partnership firm:

(a) The name(s) of the proprietors)/partners and their address (es);

(b) Full details of the proprietorships, partnerships or directorship together with percentage of voting power held by persons shown against (a) above, in any associated undertaking, or in any other undertaking;

(c) Particulars of inter‑connection between the undertakings, if any;

  1. If the undertaking is a private/public company:‑‑

(a) Names and addresses of Directors, including Managing/whole‑time Directors and Manager, if any.

(b) Full details of the proprietorships; partnerships held by the Director and Manager as well as the percentage of voting power of each Director and Manager in the undertaking, in the associated undertaking, or in other undertakings;

(c) Particulars of connections between the undertakings, if any.

  1. Value of assets of undertaking and of each associated undertaking separately [vide S.2(1)(o)]:

  2. Volume of goods, services, produced, distributed or sold or supplied during the next preceding calendar year (19 ....) in a Province [vide S.16(1)(a)].

  3. Percentage of total production and supply of goods, both produced and distributed (by itself or together with its associated undertaking) during the next preceding calendar year (19...) [vide S.16(1)(c)].

  4. Whether, by agreement or otherwise, the undertaking has established minimum resale prices of goods produced or distributed for retailers or wholesalers [vide S.16(1)(e)].

  5. Whether itself or with associated undertaking sole distributor or supplier in any Province for more than one undertaking of any goods or services [vide S.16(1)(f)].

  6. In the case of associated undertakings engaged in the same line of business, what is the percentage of the total production or supply of any goods or services in any Provinces, which they produced, distributed, sold or provided during the next preceding calendar year (19?.) (vide S.15(1)(b)).

  7. If there is. an acquisition by undertaking of the stocks or assets of any person or another undertaking or there is any merger of it with another undertaking, the effect in terms of percentage of market share of the total goods produced, supplied or distributed, or services provided in the market.

  8. In the case of any merger of undertakings, the full particulars of the common management or common control or of the subsidiary nature of the one of the other.

  9. If the undertaking is a bank or insurance company, whether it has granted any loan to any of its associated undertakings? If so, the amounts and the terms in details.

  10. Loans and advances to subsidiary, associated companies and other undertakings, indicating the amounts and the terms thereof.

  11. Full particulars of the facts and reasons for registration, under the provisions of Chapter V of the Ordinance:

Place:??

Signature of Applicant.

Date:

VERIFICATION

I, _____________________________ do hereby solemnly verify that what is stated in paragraphs 1 to 18 above is true to the best, of my knowledge and belief and that I am submitting this Memorandum as _______________________

Signature/Signatures

Date: _________________

(To be completed by‑the Registrar)

  1. Date of receipt of application _________________________________

  2. Date of registration_________________________________________

  3. Register No. _____________________________________________

  4. Date of issue of Registration Certificate to the undertakings___________

Signature of Registrar

FORM II

[Vide Rule 10(2)(b)]

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

PARTICULARS TO BE FURNISHED WITH APPLICATION FOR REGISTRATION OF INDIVIDUALS

  1. Name of individual (if a Hindu undivided family, name. of Karta or head of the family):

  2. Address:

  3. Occupation:

  4. Is the individual the owner or a partner, officer or director of an undertaking, or does the individual directly or indirectly hold or control shares carrying not less than twenty per cent. of the voting power in such undertaking? If so, give in the particulars of that undertaking, and of all other undertakings in which the individual holds similar position or voting power and the individual's connection with them in the light of section 2(2) of the Ordinance.

  5. Does the individual hold or control shares carrying not less than fifty per cent. of the voting power of an undertaking the total value of whose assets is not less than one crone of rupees and which is owned by a public company?

  6. Has the individual acquired the stock or assets of any other person or undertaking? If so, give details and state the effect in terms of percentage of market share of the total goods produced, supplied or distributed or services provided in the market.

  7. Has the individual taken any loan from any person, Bank, Insurance company or undertaking? If so, give details as to amounts and terms.

  8. Has the individual given any loan to any person or undertaking? If so, give details as to amounts and terms.

  9. Has the individual entered into any agreement as detailed in section 6(1) of the Ordinance? If so, give details.

  10. Reasons for which the individual is subject to registration:

Place.

(Signature of Applicant)

I ________________________________ do hereby solemnly verify that what is stated in paragraphs 1 to 10 above is true to the best of my knowledge and belief and that I am submitting this Memorandum as_________.

(Signature/Signatures)

Place:

Date:

(To be completed by the Registrar)

  1. Date of receipt of application _______________________________

  2. Date of registration_______________________________________

  3. Registration No. ________________________________________

  4. Date of issue of Registration Certificate to the individual____________

(Signature of Registrar)

FORM III

[Vide Rule 10(2)(c)]

[The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970

PARTICULARS TO EE FU9NISHED WITH APPLICATIONS FOR REGISTRATION OF AGREEMENT/LICENCE OF PATENTS OR TECHNOLOGY

  1. Name and addresses of parties to the agreement/licence of patent or technology:

  2. The whole of the terms of the agreement:‑‑

In so far as the agreement is made by an instrument in writing a true copy of that agreement shall be annexed. In so far as the agreement is not so made in writing a memorandum in writing signed by the person by whom the particulars are furnished shall be annexed, giving full particulars of the agreement.

  1. Details of the licence as enumerated under section 16(1)(e).

Date:??????????????????????????????????????????????????????????????????????????????????????? (Signature of Applicant)

I, _________________________________________ do hereby solemnly verify that what is stated in paragraphs 1 to 3 above is true to the best of my knowledge and belief and that I am submitting this Memorandum as ____________

Date: __________

  1. Date of issue of Registration Certificate _______________________

??????????????????????????????????????????????????????????????????????????????????????????????? (Signature of Registrar)

FORM IV

[Rule 10(4)]

The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970.

CERTIFICATE OF REGISTRATION GOVERNMENT OF PAKISTAN

MONOPOLY CONTROL AUTHORITY

Registration No.?????????????????????????????????????????????????????????????????????? Islamabad, the? 197

Certified that the undertaking/individual/agreement whose particulars are specified below has been registered under the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (V of 1970):‑‑

  1. Name(s): ___________________________

  2. Address(es): ________________________

  3. Date of Registration: __________________

  4. Number of Registration: ________________

  5. Other particulars if any: _________________

Seal of the Authority???????????????????????????????????????????????????????????????? (Signature of Registrar)

FORM V

REGISTER OF UNDERTAKINGS

[Vide section 2(1) (m)]

|-----------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------|-------------------------------------------------------------|----------------------------------------|---------------------------------------------------------------------|------------------------------------------------------------------------------------------------| | S. No. | Date of receipt of application | Name and address of undertaking | Whether owned by public company or not | Name of applicant and position held in the undertaking vide S.16(3) | Value of assets of undertaking and separately of each associated under? taking vide S. 2(1)(2) | | 1 | 2 | 3 | 4 | 5 | 6 | | Volume of goods/ Services produced, distributed or sold or supplied during the next preceding calen?dar year (19__) in a Province | Full particulars and reasons for registration | Date of registration and gist of Order passed(File No.)???? | Particulars of variation | Particulars of cancellation | Remarks (Ref, Confidential Special Part if any). | | 7 | 8 | 9 | 10 | 11 | 12 |

???????????????????????????????????????????????????????????

FORM VI

REGISTER OF INDIVIDUALS/HINDU UNDIVIDED FAMILIES

[Vide S.2(1)(e) and S.2(2) read with S.16(1)(h)]

|--------|--------------------------------|-----------------------------------------------------------------------------|-----------------------------------------------------------------------|-------------------------| | S. No. | Date of receipt of application | Name and address of applicant (individual) member of Hindu undivided family | Extent and nature of voting power held or control over an undertaking | Reason for registration | | 1 | 2 | 3 | 4 | 5 |

|----------------------------------------------------------|------------------------------------|-----------------------------|---------------------------------------------------| | Date of registration and gist of order passed (File No.) | Particulars of variation?????????? | Particulars of cancellation | Remarks (Ref. Confiden?tial Special part, if any) | | 6 | 7 | 8 | 9 |

FORM VII

[Vide S. 2(1)(a) read with S.16(1)(i), (j), (k)(l)]

|--------|--------------------------------|-------------------------------|----------------------------------------------------|----------------------------------------------------------------------------------------|-----------------------------------| | S. No. | Date of receipt of application | Name and address of applicant | Name and addresses of all parties to the agreement | Whether true copy of agreement filed. If agreement not in writing particulars thereof. | Scope of licence vide S. 16(1)(b) | | 1 | 2 | 3 | 4 | 5 | 6 |

|--------------------------|----------------------------------------------------------|--------------------------|-----------------------------|--------------------------------------------------| | Reasons for registration | Date of registration and gist of order passed (File No.) | Particulars of variation | Particulars of cancellation | Remarks (Ref. Confidential Special part, if any) | | 7 | 8 | 9 | 10 | 11 |

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