The National Assembly on Thursday passed 'The Competition Bill, 2010' unanimously for free market competition in all spheres of commercial and economic activity and to enhance economic efficiency and protect consumers from anti-competitive behaviour.
Minister of State for Economic Affairs and Statistics Hina Rabbani Khar moved "The Competition Bill, 2010" in the National Assembly for passage. The House passed the bill unanimously without any amendment. There are 62 clauses of the Bill.
According to clause 43 of the Bill:
Competition Appellate Tribunal: (1) As soon as may be within 30 days of the commencement of this Act, the Federal Government shall constitute the Competition Appellate Tribunal which shall consist of a Chairperson who shall be a person who has been a judge of the Supreme Court or is a retired Chief Justice of a High Court and two technical members who shall be persons of ability, integrity and have special knowledge and professional experience of not less than ten years in international trade, economics, law, finance and accountancy.
(2) The Chairperson and members shall hold office for a period of three years and shall be eligible for reappointment for a similar term and shall cease to hold office on attaining the age of sixty-eight years or the expiry of the term whichever is earlier.
(3) The Chairperson and the members shall be entitled to such salary and other terms and conditions of service as the Federal Government may by rules prescribe.
(4) The Competition Appellate Tribunal may, in consultation with the Federal Government, make rules governing procedure in proceedings before the Tribunal.
(5) The Competition Appellate Tribunal shall decide an appeal expeditiously within six months of its presentation to the Tribunal.
According to clause 44 of the Bill:
Appeal to Supreme Court: Any person aggrieved by an order of the Competition Appellate Tribunal may prefer an appeal to Supreme Court within sixty days. According to statement and objection and reasons of the Bill, the Ordinance is being -laid before the Parliament pursuant to the Order dated 31 July. 2009 of the Honourable Supreme Court of Pakistan.
The clause 33 of the bill says that the Powers of the Commission in relation to a proceeding or enquiry.- (1) The Commission shall, for the purpose of a proceeding or enquiry under this Act, 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) summoning and enforcing the attendance of any witness and examining him on oath;
(b) discovery and production of any document or other material object producible as evidence;
(c) accept evidence on affidavits;
(d) requisitioning of any public record from any court or office; and (e) issuing of a commission for the examination of any witness, document or both.
(2) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal code (Act XLV of 1860), and the Commission shall be deemed to be civil court for the purposes of section 195 and Chapter XXXV of the code of Criminal Procedure, 1898 (Act V of 1898).
(3) The Commission may, for the purpose of a proceeding or enquiry under this Act, require any undertaking:
According to clause 38(3) of the Bill:
(3) If the violation of the order of the Commission is a continuing one, the Commission may also direct the undertaking guilty of such violation shall pay by way of penalty a further sum which may extend to one million rupees for every day after the first such violation.
(4) Any penalty imposed under this Act shall be recoverable as provided in section 40.
(5) Notwithstanding anything contained in this Act or any other law for the time being in force, failure to comply with an order of the Commission shall constitute a criminal offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty five million rupees and the Commission may, in addition to, or in lieu of, the penalties prescribed in this Act, initiate proceedings in a Court of competent jurisdiction.
The clause 40 of the Bill further says that:
(3) Any bank, receiver, District Revenue Officer or undertaking who has paid any sum in compliance with a notice under sub-section (2) shall be deemed to have paid such a sum to the Commission in respect of the undertaking, and the receipt of the Commission shall constitute a good and sufficient discharge of the liability of such bank, receiver, District Revenue Officer or undertaking to the extent of the sum referred to in such receipt.
(4) If any bank, receiver, District Revenue Officer or undertaking on whom a notice is served, fails to attach, receive, recover, deduct and pay, as the case may be, the amount specified in the said notice, such bank, receiver, District Revenue Officer or undertaking shall be treated as a defaulter and the amount specified in the said notice shall be recoverable from him or it, as the case may be, by the Commission in accordance with the provisions of this Act.
(6) For the purposes of the recovery of the amount under sub-section (2) the Commission shall have the same powers as a civil court has under the Code of Civil Procedure 1908 (Act V of 1908).
(7) The Commission may make rules regulating the procedure for the recovery of amounts under this section and any other matters connected with or incidental to the operation of this section.
According to Clause 41 of the Bill:
Appeal to the Appellate Bench of the Commission: (1) An appeal shall lie to an Appellate Bench of the Commission in respect of an order made by any Member or authorised officer of the Commission. The person aggrieved by such order may, within thirty days of the passing of the order submit an appeal, to the Appellate Bench of the Commission.
(2) The Commission shall constitute Appellate Benches comprising not less than two Members to hear appeals under sub-section (1).
(3) The decisions of the Appellate Bench shall be made unanimously or by a majority of votes if the Appellate Bench comprises of more than two members. In the event of the split verdict, the original order appealed against shall hold and have effect as the final order of the Commission.
(4) No Member shall be included in an Appellate Bench who has participated or been involved in the decision being appealed against.
The clause 42 of the Bill, Appeal to the Court: Any person aggrieved by an order of the Commission comprising two or more Members or of the Appellate Bench of the Commission may within sixty days of the communication of the order, prefer appeal to the, Competition Appellate Tribunal.
55. Act not to apply to trade unions: Nothing in the Act shall apply to trade unions or its member functioning in accordance with the Industrial Relations Act, 2008 (IV of 2008).
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