S. R. O. 641(1)/71.---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:--

1. 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 (Ill 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 exclusive13) 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. Heating 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 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.

6. Procedure of the Authority.---(l) 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 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 authorised 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.

The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (Vol. 1970)

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 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;

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 connections between the undertakings, if any.

8. Value of assets of undertaking and of each associated undertaking separately [vide S.2(1)(0)]:

9. 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)].

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 :,n any Province 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 in any Provinces, 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 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:

I,------------------------------------ do hereby solemnly verify that what is stated in paragraphs i to 18 above is true to the best of my knowledge and belief and that I am submitting this Memorandum as----------------.

-----------------------------------------------------------------------------------------------
(To be completed by the Registrar)

1. Date of receipt of application-------------------------------------------------------------------

2. Date of registration------------------------------------------------------------------------------

3. Register No. -----------------------------------------------------------------------------------

4. Date of issue of Registration Certificate to the undertakings---------------------------------------

Signature of Registrar

[Vide Rule 10(2)(b)

MEMORANDUM
[The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970

1. Name of individual (if a Hindu undivided family, name of Karta or head of the family):

2. Address:

3. Occupation:

4. Is the individual the owner or a partner, officer or director of an undertaking, or does the individual directly or indirectly hold or control shares .carrying not less than twenty per cent. of the voting power in such undertaking? If so, give in the particulars of that undertaking, and of all other undertakings in 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.

5. Does the individual hold or control shares carrying not less than fifty per cent. of the voting power of an undertaking the total value of whose assets is not less than one crore of rupees and which is owned by a public company?

6. Has the individual acquired the stock or assets of any other person or undertaking? If 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.

7. Has the individual taken any loan from any person, Bank, Insurance company or undertaking? If so, give details as to amounts and terms.

8. Has the individual given any loan to any person or undertaking? If so, give details as to amounts and terms.

9. Has the individual entered into any agreement as detailed in section 6(1) of the Ordinance? If so, give details.

10. Reasons for which the individual is subject to registration:

I ------------------------------------------------------------------------------------------------- do hereby solemnly verify that what is stated in paragraphs 1 to 10 above is true to the best of my knowledge and belief and that I am submitting this Memorandum as--------------------------------------------.

-------------------------------------------------------------------------------------------------------------------
(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

1. Name and addresses of parties to the agreement/licence 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 licence as enumerated under section 16(1)(e).

VERIFICATION

I,------------------------------------------------------------------------------------ do hereby solemnly verify that what is stated in paragraphs I to 3 above is true to the best of my knowledge and belief and that I am submitting this Memorandum as, ----------------------------------------------------------------------------------

(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

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: ----------------------------------------------------------------

FORM V
REGISTER OF UNDERTAKINGS

[Vide section 2(1)(m)]

S. R.O. 163(KE)/91, dated 24-3-1991.-In exercise of the powers conferred by section 24 of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (V of 1970), read with section 4 thereof, 'the Monopoly Control Authority hereby makes the following rules, namely:---

1. Short title and commencement.---(1) These rules may be called the Monopoly Control Authority (Value of Assets) Rules, 1991.

(2) They shall come into force at once.

2. Total value of assets.---For the purpose of clause (a) of section 4 of the Monopolies and Restrictive Trade Practices (Control .and Prevention) Ordinance, 1970 (V of 1970), the amount of the total value of assets shall be not less than one hundred and fifty million rupees.

3. Repeal.---The Monopoly Control Authority (Value of Assets) Rules, 1978, are hereby repealed.

MONOPOLY CONTROL AUTHORITY (SUPPLY OF INFORMATION) RULES, 1995

[Gazette of Pakistan, Part IV, 8th November, 1995]

Particulars of the shareholder who together with his/her relatives, as set out below, hold or control shares carrying not less than fifty per cent. of the voting power:

Name of the shareholder:------------------------------------------------

Father' s/Husband' s name:----------------------------------------------

Residential address:------------------------------------------------------

Detail of shareholding': (of the individual)

 * Legal entity in relation to an undertaking means a public company, a private company. an unlimited company, a trust, a
partnership firm or a sole-proprietorship.

A. Particular of shareholder(s) who obtained proxies from other shareholder(s) for exercising the voting right on his/their behalf:

B. Particular of shareholder(s) who gave proxies for exercising the voting right to other shareholder(s):

* Legal entity in relation to an undertaking means a public company, a private company, a trust, a partnership firm or a sole-prorietorship.

* Legal entity in relation to an undertaking means a public company, a private company, a trust, a partnership firm or a sole-prorietorship.

* Legal entity in relation to an undertaking means a public company, a private company, a trust, a partnership firm or a sole-prorietorship.

A.

B.

* Legal entity in relation to an undertaking means a public company, a trust, a partnership firm or a sole-prorietorship.
**Nature of association in relation to undertakings means any two or more undertakings inter-connected 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 control shares carrying not less than thirty percent of the voting power in such undertaking , is also the owner or partner of another undertaking or , directly or indirectly, holds or control shapes carrying not less than thirty per cent of the voting power is that undertaking.; or
(ii) If the under takings are under common management or common control or one is the subsidiary of another.

*Legal entity to an undertaking means a public company , a private company, an unlimited company, a trust, a partnership firm or a sole-priorietorship.

**This should be the total of "production/provision" and "imports" columns, adjusted for any change in inventories.

***State the method/source of calculating total imports/production/provision of service.

S. R. O. 108 (KE)/96 dated 8-8-1996.---In pursuance of subsection (1) of section 16 of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (V of 1970) and in exercise of the powers conferred on it under section 24 of the said Ordinance, the Monopoly Control Authority hereby makes the following Rules:--

1. Short title and commencement.---(1) These Rules may be called the Monopoly Control Authority (Computation of Market Share) Rules, 1996.

(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) "Ordinance" means the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (V of 1970); and

(b) "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. Basis for determining the market share.---For the purpose of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (V of 1970) the information collected through the following sources shall also' be utilized for determining the market share of an undertaking(s) besides the data published in the Monthly Statistical Bulletin of the Federal Bureau of Statistics of the Federal Government:--

(i) Information supplied by the undertaking(s);
(ii) Information available with the Ministries/Division and other Department of the Federal Government or the Provincial Governments particularly their annual reports, periodic economic survey, data base for monitoring economic activities (particularly data base of C.B.R. for industrial production and commercial activities/trade flows), etc.;
(iii) Information published in the periodicals and newspapers specializing in surveillance and monitoring of the economic activities;
(iv) Information supplied or published by the trade associations.

4. Authority may be notification published in the official Gazette add to the sources specified above from time to time.

[Gazette of Pakistan, Extraordinary, Part II, 27th September, 1977]

S. R. O. 903(I)/77.---In pursuance of subsection (2) of section 12 of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (V of 1970) and in exercise of the powers conferred on it under section 24 of the said Ordinance that Monopoly Control Authority thereby makes the following rules:--

1. (1) These Rules may be called the Monopoly Control Authority (Net Worth of Stocks and Shares) Rules, 1977.

(2) They shall come into force at once.

2. Definitions.---In these Rules unless there is anything repugnant in the subject or context,--

(a) "countable capital" means the paid up capital of a company as reduced by the aggregate of the paid up value of preference shares and of such other stocks and shares to which no voting power is attached.

(b) "free reserves" means all reserves plus unappropriated profit of a company exclusing the following reserves, namely:-
(i) Reserve created on revaluation of fixed assets.
(ii) Goodwill Reserve.
(iii) Depreciation Reserve.
(iv) Gratuity Reserve.
(v) Workers Participation and Welfare Funds.
(vi) Reserve for Taxation to the extent of the actual tax liability of the company.
(vii) Any other reserve to meet any specific liability existing on the date of the balance-sheet.

3. Formula for determining net worth.---(1) For the purposes of subsection (2) of section 12 of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, '70 (V of 1970), the net worth of an ordinary stock or shares shall be determined by multiplying the face value of such stock or share by the aggregate of countable capital and the free reserves of the company as reduced by its losses, if any, and dividing the product by the countable capital.

(2) Free reserves and losses referred to in sub-rule (1) shall be determined from the latest audited balance sheet of the company.

[No. 39(1) M.C.A./ADMN./77].