MONOPOLY CONTROL AUTHORITY
31st December, 1971
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:-
- Short title and commencement — (I) These Rules may he called the Monopoly Control Authority Rules, 1971.
(2) They shall come into force at once.
- 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 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 (he 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;
(1) ‘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 tall on a day which is a public holiday, in which case the time shall he reckoned exclusively of that day also and of any succeeding such public holiday.
- Headquarters of the Authority— The Headquarter of the Authority shall he at Islamabad. The Authority may however, establish its Branch Registry/offices at such places or places in Pakistan as it may deem fit.
- Sittings of the Authority – The sittings of the Authority shall normally be held at Islamabad, hut the Authority may sit in such other place or places in Pakistan as the Authority may from time to time notify.
- 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 or 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.
- 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 [tower relating to ;i proceeding or inquiry.
(2) In particular, and without prejudice to the generality of the foregoing provisions, the powers of the Authority shall’ include the [lower to determine the extent to which persons interested or claiming to he interested in the subject-matter of any proceedings before it are allowed to be presint or to he heard either by themselves, or through Advocate or Accountant or authorised agent to cross-examine witnesses, or otherwise to take part in the proceedings.
- Decisions of the Authority — (I) 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 the majority of the Members.
(3) Where a case is heard by two Members by reason of vacancy and there is difference of opinion amongst the Members, the case shall he reheard by the full Authority, after the vacancy has been filled.
- 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 he represented at such attendance by a person authorised by him in writing in this behalf, or an Advocate an a Accountant.
REGISTRATION OF UNDERTAKINGS, ETC
- 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 he appointed by the Authority an officer to he known as the Registrar.
(2) The Authority may appoint as/many persons as it thinks fit to he Deputy or Assistant Registrars for the purpose of assisting the Registrar in the performance of his functions.
- Registration – (I) Every undertaking, individual and agreement of the nature referred to in section 16 shall he registered with the Authority within fifteen days of the publication of these Rules in 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 case of an undertaking individual or agreement becoming liable to registration after the aforesaid date, the application shall he 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 he furnished such particulars as are specified in Form 1.
(b) With every application for the registration of individual there shall he furnished such particulars as are specified in Form
[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 he furnished such particulars as are specified in Form 111.
[Explanation – If more than one agreement are required to he registered and such agreements are identical in nature the requirement of this rule shall he 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].
(3) Every application under this rule shall he accompanied by a fee of one hundred rupees.
(4) Upon registration, the Registrar shall issue a certificate in Form IV.
- 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 he treated as trade secrets.
- 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 Rs. 10.
(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 he permitted to take out copies or extract of any particulars entered in the register, hut may he allowed to take notes of any points from such particular.
- 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 01 actions proposed to he taken.
(2) A fee of [one thousand] rupees shall he paid with ever} such Statement.
- Orders of the Authority to be noted in Register – The Authority shall cause every order passed by it under section 11. 13, I8 or 19 to he .noted in the relevant register maintained by the Registrar.
- Seal of the Authority – (1) The official Seal to he used in the Authority shall he such as the Authority may from time to time direct and shall he 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 he affixed to any order, summons requisition commission or other process, save under the authority in writing of the Registrar.