LAW
MONOPOLIES AND RESTRICTIVE TRADE PRACTICES (CONTROL
AND PREVENTION) ORDINANCE, 1970
ORDINANCE NO. V OF 1970
(26th February, 1970)
(As amended upto 30th June, 1983)
AN
ORDINANCE
to provide for measures against undue concentration of economic power, growth of unreasonable monopoly power and unreasonably restrictive trade practices.
WHEREAS the undue concentration of economic power, growth of unreasonable monopoly power and unreasonably restrictive trade practices are injurious to the economic well-being, growth and development of Pakistan;
AND WHEREAS it is expedient to provide for measures against such concentration, growth and practices and for matters connected therewith or incidental thereto;
AND WHEREAS the national interest of Pakistan in relation to the economic and financial stability of Pakistan requires Central legislation in the matter;
NOW THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :--
CHAPTER I
PRELIMINARY
CHAPTER II
UNDUE CONCENTRATION OF ECONOMIC POWER ETC., PROHIBITED.
CHAPTER III
MONOPOLY CONTROL AUTHORITY
CHAPTER IV
FUNCTIONS AND POWERS OF THE AUTHORITY
CHAPTER V
REGISTRATION
CHAPTER VI
PENALTIES AND APPEALS
CHAPTER I
PRELIMINARY
1. Short title,
extent and commencement.
1)
This Ordinance may be called the Monopolies and Restrictive Trade
Practices (Control and Prevention) Ordinance, 1970.
2)
It extends to the whole of Pakistan.
3)
It shall come into force on such date as the Central Government may by notification
in the official Gazette, appoint.
2. Definitions.—
l)
In this Ordinance, unless there is
anything repugnant in the subject or context.
a)
"agreement" includes any arrangement or understanding whether
or not in writing and whether or not it is or is intended to be legally
enforceable;
b)
"associated undertakings" means any two or more undertakings
interconnected with each other in the following manner, namely:-
(i)
if a person who is the owner or a partner [
....] of an undertaking or who directly or indirectly holds or controls shares
carrying not less than [1][thirty]
per cent of the voting power in such undertaking, is also the owner or a partner[2]
[........] of another undertaking or, directly or indirectly, holds or controls
shares carrying not less then[3]
[thirty] percent of the voting power in that undertaking; [4]
[or]
(ii)
if the undertakings are under common management or common control or one
is the subsidiary of another;
c)
Authority" means the Monopoly Control Authority constituted under
section 8;
d)
"Control", in relation to an undertaking, means the power to
exercise a controlling influence over the management or the policies of the
undertaking, and, in relation to shares, means the power to exercise a
controlling influence over the voting power attached to such shares;
e)
'individual' includes a Hindu undivided family;
f)
"market" in relation to any goods or services, means the
geographic region in which competition in the production or sale of such goods
or the provision of such services takes place;
g)
"monopoly power" means the ability of one or more sellers in a
market to set non-competitive prices or restrict output without losing a
substantial share of the market or to exclude others from any part of that
market;
h)
"price", in relation to the sale of any goods or to the
provision of any services, includes every valuable consideration, whether direct
or indirect, which in effect relates to the sale of any goods or the provision
of any services;
i)
"retailer ", in relation to the sale of any goods, means a
person who sells the goods to any other person otherwise than for re-sale;
j)
"service" means provision of board, lodging, transport,
entertainment or amusement' or of facilities in connection with the supply of
electrical or other energy, purveying of news, banking. insurance or investment:
k)
"trade'' means any business, industry, profession or occupation
relating to the production, supply or distribution of goods or the control of
production, supply or distribution of goods, or to the provision or control of
any service;
l)
"trade practice" means any act or practice relating to the
carrying on of any trade or business;
m)
"undertaking'' means any concern, institutions, establishment or
enterprise engaged in the production, supply or distribution of goods or in the
provision or control of any service;
n)
"unreasonably restrictive trade practice" means a trade
practice which has or may have the effect of unreasonably preventing,
restraining or otherwise lessening competition in any manner:
o)
"value of assets", in relation to an undertaking, means the
value of assets of the undertaking at cost less depreciation at the normal rates
at which depreciation is calculated for purpose of assessment of income-tax:
p)
"wholesaler", in relation to the sale of any goods, means a
person who purchases goods and sells them to any other person for re-sale; and
q)
words and expressions used but not defined in this Ordinance
and defined in the Companies Act, 1913 (VII of 1913),
have the meanings respectively assigned to them in that Act.
2)
For the purposes of this Ordinance an individual shall be deemed to own,
hold or control a thing if it is owned, held or controlled by the individual or
his spouse, or by a brother or sister of the individual, or by any of the lineal
ascendants or descendants of the individual.
CHAPTER II
UNDUE CONCENTRATION OF ECONOMIC
POWER ETC., PROHIBITED.
3. Undue
concentration of economic power, etc., prohibited:-
There shall be no undue
concentration of economic power, unreasonable monopoly power or unreasonably
restrictive trade practices.
4. Circumstances
constituting undue concentration of economic power:-
Undue
concentration of economic power shall be deemed to have been brought about,
maintained or continued if-
a)
there is established, run or continued an undertaking the total value of
whose assets is not less than 1
[four billion] rupees or such other amount as the Authority may by rule
prescribe, and which is -
i)
not owned by a public company, or
ii)
is owned by a public company in which any individual holds or controls
shares carrying not less than fifty per cent, or such other percentage as the Authority may by rule prescribe, of the
voting power in the undertaking;
b)
there are any dealings between associated undertakings which have or are
likely to have the effect of unfairly benefiting the owners or
shareholders of one such undertaking to
the prejudice of the owners or share-holders of any other
of its associated undertakings.
5. Circumstances constituting unreasonable monopoly power.-
1)
Unreasonable monopoly power shall be deemed to have been brought about, maintained and continued if -
(a)
there has been created or maintained any such relationship between two or
more undertakings as makes them associated undertakings where they are
competitors in the same market and together produce, supply, distribute or
provide not less than 1
[one third] of the total goods or services in such market;
(b)
there has been any acquisition by one person or undertaking of the stock
or assets of any other person or undertaking, or any merger of undertakings,
where the effect of the acquisition or merger is likely to create monopoly power
or to substantially lessen competition in any market, including any acquisition
which creates any such relationship as is referred to in clause (a);
(c)
any loan is granted by a bank or insurance company to any of the
associated undertakings of amounts greater or on terms more favourable than for
loans made valuable to other undertakings in comparable situations, or any loan
is granted by a bank or insurance company to a person or undertaking not
associated with it on the condition or understanding that the borrower or any of
its associated undertakings will make any loan to a person or undertaking
associated with the lender.
2)
No such relationship, acquisition, merger or loan as is referred to in
sub-section shall be deemed to have the effect of bringing about, maintaining or
continuing
unreasonable monopoly power if it is shown -
(a)
that it contributes substantially to the efficiency of the production or
distribution of goods or of the provision of services or to the promotion of technical progress or export of goods;
(b)
that such efficiency or promotion could not reasonably have been achieved
by means less restrictive of competition; and
(c)
that the benefits of such efficiency or promotion clearly outweigh the
adverse effect of the absence or lessening of competition.
6. Unreasonably
restrictive trade practices:-
1)
Unreasonably restrictive trade practices shall be deemed to have been
resorted to or continued if there is any agreement - -
(a)
between actual or potential competitors for the purpose or having the
effect of –
(i)
fixing the purchase or selling prices or imposing any other restrictive
trading conditions with regard to the sale or distribution of any
goods or the provision of any
services;
(ii)
dividing or sharing of markets for any goods or services;
(iii)
limiting the quantity or the means of production, distribution or sale
with regard to any goods or the manner or means of providing any service;
(iv)
limiting technical development or investment with regard to the
production, distribution or sale of any goods or the provision of services;
(v)
excluding by means of boycott any other person or undertaking from the
production, distribution or sale of any goods or the provision of any services;
b)
between a supplier and a dealer of goods fixing minimum resale prices
including--
(i)
an agreement with a condition for the sale of goods by a supplier to
a dealer which purports to establish or provide for the minimum prices to be
charged on the resale of the goods in Pakistan; or
(ii)
an agreement which requires as a condition of supplying goods to a dealer
the making of any such agreement;
c)
Which subjects the making of any agreement to the acceptance by suppliers
or buyers of' additional goods or services which are not, by their nature or by
the custom of the trade, related to the subject matter of such agreement.
2)
No such agreement as is referred to in sub-section (1) shall be deemed to
Constitute an unreasonably restrictive trade practice if it is shown--
(a)
that it contributes substantially to the efficiency of the production
or distribution of goods or of
the provision of services or to the promotion of technical progress or export
of goods;
(b)
that such efficiency or promotion could not reasonably have been achieved
by means less restrictive of competition; and
(c)
that the benefits from such efficiency or promotion clearly outweigh the
adverse effect of the absence or lessening of competition.
7.
Other circumstances constituting concentration of economic power,
etc:-
(1)
Without prejudice to the provisions of sections 4, 5 and 6, the
Authority may by General Order prescribe the circumstances in which and the
conditions under which undue concentration of economic power or unreasonable
monopoly power shall be deemed to exist and the practices which shall be
deemed to be unreasonably restrictive
trade practices.
(2)
Where the Authority is of opinion that the making of a General Order
under sub section (1) may be in the public interest, it shall conduct an inquiry
affording the persons or undertakings likely to be affected by such Order such
opportunity of being heard and of placing before it relevant facts and material
as it may be deem fit.
(3)
Before making any General Order under sub-section (1), the Authority
shall:--
(a)
publish in the official Gazette and in such other manner as in its
opinion will bring it to the notice of all persons and undertakings likely to
be affected thereby a draft of the proposed (General Order together with a
notice inviting suggestions or objections to be submitted before a date
specified therein;
(b)
consider any objection or suggestion which may be received by it from
any person or undertaking with respect to the draft; and
(c)
Where it deems appropriate, afford an opportunity to any such person or
undertaking of being heard and of placing before it facts and material in
support of the objection or suggestion.
CHAPTER III
MONOPOLY CONTROL
AUTHORITY
8. Constitution
of Authority.-
(1)
For the purposes of this Ordinance, the Central Government shall, by
notification in the Official Gazette, constitute a Monopoly Control Authority
consisting of not less than three members appointed by it one of whom shall be
appointed to be the Chairman.
(2)
No person shall be appointed as or continue to be, a member of the
Authority if he has or acquires any such financial or other interest as is
likely to affect prejudicially his functions as such member.
(3)
No member of the Authority shall assume his office until he has made
such declaration affirming secrecy and fidelity as may be prescribed.
(4)
A member of the Authority shall hold office for a period of five years
unless he earlier resigns or otherwise ceases to hold office
[or, being a person in the service of Pakistan, retires from such service].
(5)
A casual vacancy in the office of a member caused by death, resignation
or otherwise shall be filled for the remainder of the term of such member by
the appointment of another person.
(6)
No act or proceeding of the Authority shall be invalid by reason only
of [the
absence of a member or] the existence of any vacancy among its members or any
defect in its constitution.
[(7) The Authority may from time to time delegate all or any of its
powers and functions to any two of its members.]
9. Appointment
of officers by the Authority. The Authority may appoint such officers and
servants on such terms and conditions as it may determine.
CHAPTER IV
FUNCTIONS AND
POWERS OF THE AUTHORITY
10. Functions of the
Authority:-
The functions of
the Authority shall be-
(a)
to register undertakings, individuals and agreements;
(b)
to conduct enquiries into the general economic conditions of the
country with particular reference to the concentration of economic power and
the existence or growth of monopoly power and restrictive trade practices:
(c)
to conduct such enquiry into the affairs of any undertaking or
individual as may be necessary for the purposes of this Ordinance;
(d)
to give advice to persons or undertakings asking for the same as to
whether any actions proposed to be taken by such person or undertaking are
consistent with the provisions of this Ordinance, or any rules or orders made
there under;
(e)
to make recommendations to the Central Government or a Provincial
Government or to the appropriate authority or officer of such Government for
suitable governmental actions to prevent or eliminate undue concentration of
economic power, unreasonable monopoly power or unreasonably restrictive trade
practices: and
(f)
to make such orders and to do all such things as are necessary for
carrying out the purposes of this Ordinance.
11. Proceedings in
case of contravention of section 3.-
(1)
Where the Authority is satisfied that there has been or is likely to be a
contravention of the provisions of section 3 and that action is necessary in the
public interest, it may make one or more of such orders specified in section 12
as it may deem appropriate.
(2)
Before making an order under sub-section (1), the authority shall
(a)
give notice of its intention to make such order stating the reasons
therefore to such persons or undertakings as may appear to it to be concerned in
the contravention to show cause on or before a date specified therein as to why
such order shall not be made: and
(b)
give the persons or undertakings an opportunity of being heard and of
placing before it facts and material in support of their contention.
(3)
An order made under sub-section (1) shall have effect notwithstanding
anything contained in any other law for the time being in force or in any
contract or memorandum or articles of association.
12. Orders
of the Authority. __
(1)
An order of the Authority under section 11 may __
(a)
in the case of undue concentration of economic power--
( i)
require the firms or companies concerned, not being public limited
companies to be converted, within such time and in such manner as may be
specified in the order, into public limited companies:
(ii).
require the controlling shareholders of the public limited companies
concerned to offer such part of the stocks and shares held by them within such
time and in such manner as may be specified in the order to the general public,
including the National Investment Trust and an investment institution
established or controlled by Government;
(iii).
prescribe the circumstances in which and the conditions on which the
associated undertakings concerned may deal with each other;
(b)
in the case of unreasonable monopoly power--
(i)
require the person or undertaking concerned to divest himself or itself
of the ownership of any stock or shares or other beneficial interest in any
undertaking or of assets within such time and under such conditions as may be
specified in the order;
(ii)
require the person concerned to divest himself of any position held by
him as an officer, director or partner in any undertaking within such time and
under such conditions as may be specified in the order;
(iii)
require the person or undertaking concerned to divest himself or itself
of the management or control of any undertaking within such time and under such
conditions as may be specified in the order;
(iv)
prohibit the person or undertaking concerned from acquiring the stock or
assets of, or the undertaking from merging
with, any other undertaking;
(v)
limit the total loans which may be made by any bank or insurance company
to any single individual or undertaking, or to any undertaking associated with
such bank or insurance company;
(vi)
limit the investments of any undertaking engaged in the banking,
investment or insurance business;
(vii)
require the person or undertaking concerned to take such actions
specified in the order as may be necessary to restore competitive prices and
eliminate restrictions on output or entry of competitors in the market;
(c)
in the case of unreasonably restrictive trade practices--
(i)
require the person or undertaking concerned to discontinue or not to
repeat any restrictive trade practice and to terminate or modify any agreement
relating thereto in such manner as may be specified in the order;
(ii)
require the
person or undertaking concerned to take such actions specified in the order as
may be necessary to restore competition in the production, distribution
or sale of any goods or provision of any services;
[Explanation.--In the case of unreasonably restrictive trade practices,
where any party to any such practice does not carry on business in Pakistan, the
order of the Authority shall be with respect to that part of such practice as is
carried on in Pakistan.]
(2) An order
referred to in sub-clause (ii) of clause (a) of sub-section (1) or sub-clause (i)
of clause (b) of that sub-section shall not be so made as to require the offer
of the stocks or shares at a price below their face value or at a price below
the aggregate of such value and fifty percent of the difference between such
value and the net worth of the stocks or shares as may be determined in
accordance with the rules made in this behalf, whichever is greater.
[(3) Where any stocks or shares have been offered in pursuance of an
order referred to in sub-section (2) and have not been
actually subscribed, no fresh order of such nature shall be made in
respect of the same person or undertaking within a period of three years from
the date of such order.]
13. Power to issue
interim order.—
(1)
Where, during the course of any proceeding under section 11, the
Authority is of opinion that issue of a final order in the proceeding is likely
to take time and that, in the situation that exists or is likely to emerge, an
interim order is necessary in the public interest, it may, after giving the
persons or undertakings concerned an opportunity of being heard, by order,
direct such persons or undertakings to do or refrain from doing or continuing to
do any act or thing specified in the order.
(2)
An order under sub-section (1) may, at any time, be modified or cancelled
by the Authority and, unless so cancelled, shall remain in force for such period
as may be specified therein but not beyond the date of the final order made
under section 11.
14. Special enquiry.—
(1)
The Authority may, on its own, and shall upon a reference made to it by
the Central Government, conduct special enquiries into any matter relevant to
the purposes of this Ordinance,,
(2)
Where the Authority receives from not less
than twenty-five persons a complaint in writing
of such facts as constitute a contravention of
the provisions of section 3, it shall, unless
it is of opinion that the application is frivolous
or vexatious or based on insufficient facts, conduct
a special enquiry into the matter to which the
complaint relates.
(3)
If upon the conclusion of a special inquiry under sub-section (1) or
sub-section (2), the Authority is of opinion that the findings are such that it
is necessary in the public interest so to do, it shall initiate proceedings
under section 11.
15. Powers of the
Authority in relation to a proceeding or enquiry.-
(1)
The
Authority shall, for the purposes of a proceeding or enquiry under this
Ordinance have the same powers as are vested in a civil court under the Code of
Civil Procedure, 1908 (Act V of 1908),
while trying a suit, in respect of the following matters, namely :-
(a)
the summoning and enforcing the attendance of any witness and examining
him on oath;
(b)
the discovery and production of any document or other material object
producible as evidence;
(c)
the reception of evidence on affidavits;
(d)
the requisitioning of any public record from any court or office:
(e)
the issuing of commissions for the examination of witnesses and
documents.
(2)
Any proceeding before the Authority shall be deemed to be a judicial
proceeding within the meaning of section 193 and 228 of the Pakistan Penal Code
(Act XLV of 1860), and the Authority
shall be deemed to be a civil court for the purposes of section 195 and Chapter
XXXV of the Code of Criminal Procedure, 1898 (Act V of 1898).
(3)
The Authority may, for the purposes of a proceeding or enquiry under this
Ordinance, require any person-
(a)
to produce before, and to allow to be examined and kept by, an officer of
the Authority specified in this behalf, any books, accounts, or other documents
in the custody or under the control of the person so required, being documents
relating to any matter the examination of which may be necessary for the
purposes of this Ordinance; and
(b)
to furnish to an officer so specified such information in his possession
relating to any matter as may be necessary for the purposes of this Ordinance.
CHAPTER V
REGISTRATION
16. Registration.-
(1)
In order that information relevant to the performance of its functions
under this Ordinance is available to the Authority, the following undertakings,
individuals and agreements shall be registered with the Authority in such manner
as may be prescribed by rules, namely:-
(a)
An undertaking which, during the next preceding calendar year produced,
distributed, sold or provided not less than one-third of the total production or
supply of any goods or services
[........].
(b)
Associated undertakings engaged in the same line of business, which
during the next preceding calendar year produced, distributed, sold or provided
not less than
[one third] of the total production or supply of any goods or services
[.........].
(c)
An undertaking which during the next preceding calendar year, by itself
or together with its associated undertaking, both produced and distributed by
wholesale or by retail or by both not less than
[one third] of the total production and supply of any goods [.........]
.
(d)
An undertaking which is not owned by a public company and the total value
of the assets of which is not less than [fifty million]
rupees.
(e)
An undertaking which, by agreement or otherwise, establishes minimum
resale prices for retailers or wholesalers with regard to goods which it
produces or distributes.
(f)
An undertaking which, by itself or together with its associated
undertaking, is the sole distributor or supplier
[......] for more than one undertakings of any goods or services.
(g)
A bank, investment company or insurance company which, in relation to any
other undertaking, is an associated undertaking.
(h)
An individual who holds or controls, whether
directly or indirectly, shares carrying not less
than fifty per cent of the voting power in
[undertakings] owned by a public company the total
value of the assets of which is not less than
[fifty million] rupees.
(i)
An agreement for any such acquisition or merger as is referred to in
clause (b) of sub-section (1) of section 5.
(j)
An agreement of the nature referred to in sub-section (1) of section 6.
(k)
An agreement for the distribution or sale of any goods which, directly or
indirectly, --
(i)
limits the areas in which, or the persons to whom, the product may be re-sold;
(ii)
prohibits or restricts the distribution or sale of other goods by the
distributor;
(iii)
limits the persons through whom the distributor may distribute or sell
such goods.
(l)
Any license of patents
or technology which limits the freedom of the licensee to use such patents or
technology in the manufacture of any goods or to sell the goods produced under
such license at such prices, in such areas, to such persons and for such uses as
the licensee may choose, or which limits the freedom of the licensor to grant
additional licenses to such persons and on such terms as he may choose.
(m)
Such other
persons, undertakings, agreements or franchise as the Authority may by rule
prescribe.
Explanation.
--For the purposes of clauses (a), (b) and (c), the percentage of any goods
produced, distributed or sold or of any services provided shall be computed
on the basis of the monthly statistical bulletin of the Central Statistical
Office of the Central Government or on such other basis as the Authority may
by rule prescribe.
(2)
An
application for registration under sub-section (1) shall be made in the form
of a memorandum which shall-
(a)
in the case of an undertaking, set out the value of its assets, the
volume of each of the goods or services sold or provided by it, and the full
particulars of the facts by reason of which it is subject to registration;
(b)
in the case of an individual, set out a statement of the extent and
nature of his control over an undertaking or its shares, by reason of which he
is subject to registration;
(c)
in the case of an agreement, set out the names and addresses of the
persons who are parties to the agreement and be accompanied by a true copy of
the agreement or, if the agreement is not in writing, by the full particulars
of the agreement.
3)
An application for registration shall be made --
(a)
in the case of an undertaking, by the person who is for the time being
responsible for the conduct of the affairs of the undertaking;
(b)
in the case of an individual, by such individual; and
(c)
in the ease of an agreement, by all the parties thereto.
Explanation.. --The provisions of this sub-section shall be deemed
to have been complied with
if the application is made-
(a)
in the case of an undertaking, by the person for the time being
responsible for the conduct of the affairs of any one of its associated
undertakings;
(b)
in the case of an individual other than a Hindu undivided family by any
one of his relations referred to in sub-section (2) of section 2,
(c)
in the case of a Hindu undivided family, by any member of the family;
and
(d)
in the ease of an agreement, by any one of the parties thereto.
4)
If at any time there is any variation in the relevant facts relating to
an undertaking, individual or agreement with reference to which an application
for registration was made or registration was effected, particulars of such
variation shall, within thirty days of the variation, be reported to the
Authority by the person referred to in sub-section (3).
17. Registers to be
kept.---
(1)
The Authority shall keep and maintain in such form as may be prescribed
by rules separate registers for the registration of undertakings, individuals
and agreements subject to registration under this Ordinance.
(2)
The Authority shall register an undertaking, individual or agreement by
entering in the register such particulars relating thereto as may be prescribed
by rules.
(3)
The Authority shall enter in the register any variation in the facts
relating to an undertaking, individual or agreement reported to it.
(4)
A register shall be open to public inspection at such time and on payment
of such fees as may be prescribed by rules, except that the Authority may, upon
application by the person or undertaking concerned, provide for the confidential
treatment of trade secrets.
18. Cancellation of
Registration.-
Where an undertaking,
individual or agreement registered under section 16 has, by reason of a change
in the facts, with reference to which the registration was effected, ceased to
be subject to registration under this Ordinance and the fact
is reported to the Authority by the person referred to in sub-section (3)
of section 16, the Authority shall,. if it is satisfied upon such inquiry as it
may think fit that the undertaking, individual or agreement has so ceased,
cancel the registration.
CHAPTER VI
PENALTIES
AND APPEALS
19. Penalty.—
1)
The Authority may by order direct any person or undertaking to pay to the
Central Government by way of penalty such sum not exceeding one lakh of rupees
as may be specified in the order if, after giving the person or undertaking
concerned an opportunity of being heard, it determines that such person or
undertaking--
(a)
has failed to comply with any order of the Authority made under this
Ordinance, or has willfully failed to register as required by the provisions of
this Ordinance, or
(b)
has furnished any information or made any statement to the Authority
which he knows or has reason to believe to be false in any material particular.
2)
If any such failure as is referred to in clause (a) of that sub-section
is a continuing one, the Authority may in the manner provided for in sub-section
(1) also direct that the person or undertaking guilty of such failure shall pay
by way of penalty to the Central Government a further sum which may extend to
ten thousand rupees for every day after the first.
3)
A penalty imposed under sub-section (l) or sub-section (2) shall be
recoverable as an arrear of land revenue.
20.
Appeal to the High Court.-
Any person aggrieved by an
order of the Authority under section 11 or section 19 may, within sixty days of
the receipt of such order, appeal against it to the High Court on any of the
following grounds, namely:-
(a)
that the order is contrary to law or to some usage having the force of law:
(b)
that the order has failed to determine some material issue of law or
usage having the force of law;
(c)
that there has been a substantial error or defect in following the
procedure provided in this Ordinance which may possibly have produced error or
defect in the order upon the merits.
21.
Power to call for information
relating to undertaking.-
Notwithstanding
anything contained in any other law for the time being in force, the Authority
may, by general or special order, call upon any person for the time being
responsible for the conduct of the affairs of an undertaking to furnish
periodically or as and when required any' information concerning the activities
of the undertaking, including information relating to its organization,
business, trade practices, management and connection with any other undertaking,
which the Authority may consider necessary or useful for the purposes of this
Ordinance.
22.
Compensation not payable.-
No person shall be
entitled to or be paid any compensation or damages for any loss or injury
suffered by him on account of the termination of any agreement or employment or
the divestment of any share or property in pursuance of any order made under
this Ordinance.
23.
Indemnity.-
No suit, prosecution or
other legal proceeding shall lie against the Authority or any officer or servant
of the Authority for anything in good faith done or intended to be done under
this Ordinance or any rule or order made there under.
24.
Power to make rules.-
The Authority may make an
d publish rules regarding procedures, fees and all other matters for
carrying out the purposes of this Ordinance.
25.
Ordinance not to apply to certain
undertakings.-
This Ordinance shall not,
unless the Central Government by notification in the Official Gazette otherwise
directs, apply-
(a)
to an undertaking which is owned by the Central Government or a
Provincial Government, or
(b)
to an undertaking which is owned by a body corporate established by the
Government by law or whose Chief Executive is appointed by or with the approval
of the Central Government or by a Provincial Government, or
(c)
to anything done by any person or undertaking in pursuance of any order
of the Central Government or a Provincial Government, or
(d)
to anything done by a trade union or its members for carrying out its
purposes, or
(a * )
to the activity or functions of an undertaking or undertakings as are
regulated, prescribed, determined or required to be approved by a Regulatory
Authority.
Explanation.-
For the purposes of clause (e) the expression "Regulatory
Authority" means-
(i)
the National Electric Power Regulatory Authority established under the
Regulation of Generation, Transmission and Distribution of Electric Power Act,
1997 (XL of 1997),
(ii)
the Pakistan Telecommunication Authority established under the Pakistan
Telecommunications (Reorganization) Act, 1996 (XVII of 1996),
(iii)
the Oil and Gas Regulatory Authority established under the oil and Gas
Regulatory Authority Ordinance, 2002 (XVII of 2002) ; and
(iv)
any other Regulatory Authority as the Federal Government may, by a
notification in the official Gazette, specify."
General,
A. M. YAHYA KHAN,
H. Pk., H. J.,
President and Chief
Martial Law Administrator,
___________
Mohammad GUL, S. K.,
Secretary.
* inserted by MRTPO (amendment) Ordinance
No. C1 of 2002
Islamabad,
the 26th October, 2002
F.No.2(1)/2002-Pub. --- The following Ordinance promulgated by the President is hereby
published for general information:--
ORDINANCE
NO. CI OF 2002
AN
ORDINANCE
further to
amend the Monopolies and Restrictive Trade Practices (Control and Prevention)
Ordinance, 1970
WHEREAS it is expedient further to amend the Monopolies and Restrictive
Trade Practices (Control and Prevention) Ordinance, 1970, (V of 1970), for the
purposes hereinafter appearing,
AND WHEREAS the President is satisfied that circumstances exist which
render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the
fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of
1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999,
and in exercise of all powers enabling him in that behalf, the President of the
Islamic Republic of Pakistan is pleased to make and promulgate the following
Ordinance:--
1
Short title and commencement:-
1)
This Ordinance may be called the Monopolies and Restrictive Trade
Practices
(Control and
Prevention) (Amendment) Ordinance, 2002.
2)
It shall come into force at once.
2
Amendment of section 25, Ordinance V of
1970:- In the Monopolies and Restrictive Trade
Practices (Control and Prevention) Ordinance, 1970, (V of 1970), in section 25:-
a)
in clause (d), for the full stop at the
end a comma and word, “or” shall be substituted: and
b)
after clause (d), amended as aforesaid,
the following new clause shall be added, namely:-
“(e) to the activity or
functions of an undertaking or undertakings as are regulated,
prescribed, determined or required to be approved by a Regulatory
Authority.
Explanation:-
For the purposes of clause
(e) the expression “Regulatory Authority” means-
i
the National Electric Power Regulatory
Authority established under the Regulation of Generation, Transmission and
Distribution of Electric Power Act,
1997 (XL of 1997);
ii
the Pakistan Telecommunication Authority
established under the Pakistan Telecommunications (Reorganization) Act, 1996
(XVII of 1996);
iii
the Oil and Gas Regulatory Authority
established under the Oil and Gas Regulatory Authority Ordinance, 2002 (XVII of
2002); and | 
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