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16. Registration.---(l) In order that information relevant to the performance of its functions under this Ordinance is available to thc 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 twenty per cent. of the total production and supply of any goods in any Province.

(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 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 subsection (1) of section 5.

(j) An agreement of the nature referred to in subsection (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 licence of patents of 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 licence 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 licences 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 Federal Statistical Office of the Federal Government or on such other basis as the Authority may by rule prescribe.

(2) An application for registration under subsection (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 reasons 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 office of the undertaking;

(b) in the case of an individual, by such individual; and

(c) in the case of an agreement, by all the parties thereto.

Explanation.---The provisions of this subsection shall be deemed to have been compiled 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 subsection (2) of section 2;

(c) in the case of a Hindu undivided family, by any member of the family; and

(d) in the case 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 subsection (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 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.

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