MONOPOLY CONTROL AUTHORITY

RULES, 1971

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:-

PRELIMINARY

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;

(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
11.

[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.

MISCELLANEOUS

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.

(3) The Seal of the Authority shall not he 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.]

[16. Copying fees and certified copies– (1) The copying fee for certified copies of the order of the Authority and other documents shall he ten rupees for every one thousand words or a part thereof:
Provided that the Chairman may direct that certified copy of an order of he Authority he sent or furnished, without charging any fee, to a person affected by such order.

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

[17. Payment of penalties and fees ‘(I) All penalties imposed under the ordinance shall he 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 [Major ‘Head ‘1300000 Miscellaneous Receipts’ and Minor Head ‘1390000 Other (Not elsewhere stated), 13’1000- Other Receipts-1391007- Other Receipts-Realizations 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 he paid by hank draft in favour of Monopoly Control Authority fees Account National Bank of Pakistan, Main Branch, Islamabad.

SCHEDULE

FORM I[Vide Rule 10(2)(a)]

MEMORANDUM

PARTICULARS TO BE FURNISHED WITH APPLICATIONS FOR REGISTRATION OF UNDERTAKINGS

Name of Undertaking.
Registered Office/Head Office.
Registration Number under the Factories Act, (XXV of 1934), if any, or under any other law.
Ownership – Whether proprietary, partnership, private limited company, or public limited company.
Name of the applicant and position held in the undertaking.
If the undertaking is a proprietary concern/partnership firm:
(a) The name(s) of the proprietor(s)/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;
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.
Value of assets of undertaking and of each associated undertaking separately [S.2( 1 )(o)]:
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)].
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)].
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)].
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)].
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. 16(1)(b)].
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.
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.
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 term in details.
Loans and advances to subsidiary, associated companies and other undertakings, indicating the amounts and the terms thereof.
Full particulars of the facts and reasons for registration, under the provisions of Chapter V of the Ordinance:
Place:
Date:

Signature of Applicant.

VERIFICATION
I, ________ do hereby solemnly verify that what is stated in paragraphs 1 to IS above is true to the best of my knowledge and belief and that I am submitting this Memorandum as
Place:
Date:________

Signature/ Signature;

(To be completed by the Registrar)
1. Date of receipt of application__ ____ ____
2. Dale of registration _____________________________
3. Register No. _________________________________
4. Dale of issue of Registration Certificate to the undertakings

Signature of Registrar.

FORM II[Vide Rule I0(2)(b)]

MEMORANDUM

[The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970
PARTICULARS TO BE FURNISHED WITH APPLICATION FOR REGISTRATION OF INDIVIDUALS

Name of individual (if a Hindu undivided family, name of Karta or head of the family);
Address:
Occupation:
Is the individual the owner or a partner, officer or director of an undertaking, or does the individual directly hold or control shares carrying not less than twenty percent of the voting power in such undertaking? If so, give in the particulars of theat undertaking, and of all other undertakings inn 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.
Does the individual hold or control shares carrying not Jess than fifty percent of the voting power of an undertaking the total value of whose assets is not less than one crore of rupees and which is woned by a public company?
Has the individual acquired the stock or assets of any other person or undertaking? It 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.
Has the individual taken any loan from any person, Bank, Insurance company or undertaking? If so, give details as to amounts and terms.
Has the individual given any loan to any person or undertaking? If so, give details as to amounts and terms.
Has the individual entered into any agreement as detailed in section 6(1) of the Ordinance? If so, give details.
Reasons for which the individual is subject to registration:

Place:

Date:

(Signature of Applicant)

VERIFICATION
I, _____________________________________do hereby solemnly verity that what is stated in paragraphs 1 to 10 above is true to the best of my knowledge and belief and that 1 am submitting this Memorandum as ________________
Place:
Date:
(Signature/Signatures)
(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)]

MEMORANDUM[The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970
PARTICULARS TO BE FURNISHED WITH APPLICATIONS FOR REGISTRATION OF AGREEMENT / LICENCE OF PATENTS OR TECHNOLOGY

Name and addresses of parties to the agreement / licence of patent of technology:
2. The whole of the terms of the agreement:- In so far as the agreement is made by and instrument in writing a true copy of that agreement shall he 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 he annexed, giving full particulars of the agreement.
3. Details of the licence as enumerated under section 16 (1)(e).
Place:
Date:

Signature of Applicant)

VERIFICATION
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 Memorandus as___________________
Place:
Date:
(Signature /Signatures)
(To be completed by the Registrar)
1. Dale of receipt of application ____________
2. Dale of registration __________________
3. Registration No.____________________
4. 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)

Monopoly Control Authority Rules, 1971

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