MINISTRY OF
COMMERCE
Islamabad, the 2nd May, 1992
S.R.O.
327(I)/92- In exercise of the powers conferred by Section 18 of
the National Tariff Commission Act 1990 (No.VI of 1990), the
National Tariff Commission, with the prior approval of the
Federal Government, is pleased to make following rules, namely:-
THE NATIONAL TARIFF COMMISSION RULES, 1990
1.
Short Title and Commencement.-
(1)
These rules may be called the National Tariff Commission Rules, 1990.
(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) “Act” means the
National Tariff Commission Act 1990 (VI 1990).
(b) “application”
means an application submitted to the Commission under the Act
or these rules in the form set out in Annex A or Annex B to
these rules;
(c) “Commission”
means the National Tariff Commission constituted under section
3(1) of the Act.
(d) “Company” means a
company registered under the Companies Ordinance, 1984 (XLVII of
1984) or a body corporate set up under a Federal or Provincial
Law; and
(e) “Member” means
member of the Commission and includes the Chairman;
(2) All other
terms and expressions used but not defined in these rules shall
have the same meanings as in the Act. back to top
3.
Procedure of the Commission.-(1)
Subject to
the provision of the Act an these rules, the Chairman shall have
power to regulate-
(a) the conduct of the
business of the Commission; and
(b) the performance of
exercise by one or more members of any function or power
of the
Commission relating to any proceeding or inquiry.
(2) All
sittings of the Commission shall be presided over by the
Chairman and, in the absence of the Chairman, by a member
authorized in this behalf by the Chairman.
(3) In
particular, and without prejudice to the generally of the
foregoing provisions, the Commission shall have 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, or otherwise to take
part in the proceedings. back to top
4. Sittings of the Commission.- The sittings of the Commission shall normally be
held at its headquarters, but the Commission may sit at such other places in Pakistan as the
Commission may from time to time decide. back to top
5. Mode of submission of applications etc.-
(1) An
Application made by an industrial,
trading or business undertaking shall be in the prescribed form accompanied by a
*fee as specified below in the form of Bank Draft or Pay Order
payable to the Commission:-
(i)
Having paid up capital upto fifty
million rupees Twenty thousand rupees.
(ii) Having paid up capital more than
fifty million rupees
Thirty thousand rupees .
(2) A reference made to the Commission by the Federal
Government shall have the approval of the Secretary or
Additional Secretary Incharge of the Ministry concerned.
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* As amended vide SRO. No.1338(1)/98- dated 5 December, 1998. back to top
6. Manner of disposal of application etc.-(1) On receipt of an application, the Commission shall
unless it rejects or dismisses the same in limine or returns it
for removal of any defect or shortcoming or otherwise disposes
of the same, institute such inquiries of proceedings in respect
of any matter as may, in the opinion of the Commission be
necessary to obtain information or evidence respecting any
matter concerning the applicant or any person interested in the
matter.
(2)
In the institution of inquiries, the Commission shall, through direct correspondence or thorough direct correspondence
or through the recognized trade bodies or chambers or by a
notification in the official Gazette, inform all units engaged
in economic activities similar to those being carried on by the
applicant that such inquiry has been undertaken. back to top
7. Appearance by
authority
representative.-
(1)
Any person who is entitled or required to attend before
the Commission in connection with any proceedings under the Act
may, except when he is required to attend personally, be
represented at such proceedings by a legal practitioner duly
authorized in writing or in the case of a company, a director or
an officer of the company. back to top
8.
Collection of information.-(1) The importers, indentors or distributors of a product under
investigation shall, when required to do so, furnish such
information and in such form, as may be specified by the
Commission.
(2) Users of a product under investigation shall, when
required to do so, furnish such particulars and in such form, as
may be specified by the Commission. back to top
9. Who may sign a document.-(1) A document purporting to be signed by a firm of
partners shall be signed by at least one of the partners, a
document purporting to be signed by a company shall be signed by
a director or by the Secretary or other principal officer of the
company and a document purporting to be signed by any other
association of persons shall be signed by the President,
Chairman or Principal Secretary of the association or by any
other person who appears to the Commission to be duly qualified
(2) The Capacity in which an individual signs a document
on behalf of a firm of partners or a company or other
association of persons shall be stated below his signature
10. Seal of the Commission.-
There shall be an official seal of the Commission which shall
be affixed on such documents an in such manner as may be
specified by the Commission. back to top
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