MONOPOLY CONTROL Authority RULES 19711  

(As amended upto 30th June, 1983)

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 :--

THE MONOPOLY CONTROL AUTHORITY RULES, 1971

PRELIMINARY 

l. 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 practice 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 proceeding or any part thereof in private;

(b)      give directions 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 he 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 authorized agent, to cross-examine witnesses, or otherwise to take part in the proceedings.  

  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 be expressed in terms of the opinion of the majority of the Members.

(3)   Where a case is heard by two Members by reason of a vacancy and 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 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 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 registerable 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.

1 [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.

                                2 [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 3 [..........................]].

(3)      Every application under this rule shall be accompanied by a fee of twenty 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 filling in that Part of such particulars as the Authority may on the application of the person or undertaking concerned direct under sub-section (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 five 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 extracts of any particulars entered in the register, but may be allowed to take notes of any points from such particulars.

MISCELLANEOUS

   13. Advice to undertakings, etc.—

(1)      A person or an undertaking asking for advice under clause (d) of 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 one hundred 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.

                     [(23) 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].

[316. Copying Fees and Certified Copies.—

(1)   The copying fee for certified copies of the orders of the Authority and other documents shall be five 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.]

        [117. Payment of Penalties and Fees.—

All penalties imposed and fees payable under the Ordinance or these rules, or orders thereunder 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--“1300000-Miscellaneous receipts”, and Minor Head “1390000-Others (Not elsewhere stated) “1391000-Other Receipts “1391007-Other Receipts-Realizations” under the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970”.]

THE SCHEDULE  

FORM l  

[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 proprietor(s)/ partners and their address(es);

(b)               Full details of the proprietorships, partnerships or directorships 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:

  7.        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 connection between the undertakings, if any:

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

9.            Volume of goods, services, produced, distributed or sold or supplied during the next preceding calendar year (19......... ), [Vide S. 16(1) (a)]:

10.        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)]:

11.        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)]:  

12.        Whether itself or with associated undertaking sole distributor or supplier for more than one undertaking of any goods or services, [Vide S. 16(1)(f)]:

13.        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 which they produced, distributed, sold or  provided during the next preceding calendar year (19......... ), [Vide S. 16(1) (b)]:  

14.        If there is an acquisition by the 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:

15.        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:

16.        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:

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

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

(Signature of Applicant)

Place:

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)

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 undertaking ................................

...............................................................................................................

(Signature of Registrar)

[FORM II1 ]

[Vide rule 10 (2) (b)]

MEMORANDUM

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.                    The name of the undertaking in relation to which the individual is submitting the application:

5.                    Total share capital of the public company owning the undertaking:

6.                    Number of shares/percentage of voting power held in the name of the individual in the public  company:

7.                    Number of shares/percentage of voting power owned but not held by the individual in his name.  The particulars of such shares should be separately indicated:

8.                   Number of shares/percentage of voting power which are not held or owned but are controlled by the individual in the public company. The particulars of such shares should be separately indicated.

9.                    The names of other undertakings in which the individual holds shares together with number and value of shares held.

10.                 The reason for which the individual is making application for registration.

  (Signature of Applicant).

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 undertaking ................................

(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/LICENSE OF PATENTS OR TECHNOLOGY

1.      Name and addresses of parties to the agreement/ license 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.

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

(Signature of Applicant)

Place :

Date :

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 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 .......................................................

(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 s. 2 (1) (m)]

FORM VI  

REGISTER OF INDIVIDUALS / HINDU UNDIVIDED FAMILIES

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