• Does your organization think thatchanges are needed in the new Act andRules?
• What problems do you find in the TradeOrganization’s Act and Rules 2013?
“chamber of small traders”means a chamber organized to represent small businesses, smalltraders and small industry as provided in clause (f) of subsection (2)of section 3 of the Act;“association of small traders”means an association with membership on all-Pakistan basisorganized to represent specific small traders, small businesses orsmall industry as provided in first proviso to clause (d) of sub-section(2) of section 3 of the Act;
• “small traders and small business”means a member of trade organization whose• number of employees is less than twenty,• annual business turnover ranges between two million rupees totwenty million rupees,• all utility bills do not exceed one million rupees per annum and• neither such small trader or small business is owned or controlledby a Provincial Government nor• it carries on trade or business confined to only one Province;
• “small industry”means a member of trade organization which is• a manufacturing concern having an industry less than twentyemployees,• whose annual turnover ranges between two million rupees totwenty million rupees,• utility bills do not exceed one million rupees per annum,• and is neither owned or controlled by a Provincial Government norcarries on trade or business confined to only one Province.
11. Membership of trade organizations.(7) There shall be two classes of memberships in a tradeorganization, except chamber of small traders and association ofsmall traders.
3. Licensing and registration of trade organizations.(d) an association with membership on all-Pakistan basis organized torepresent a specific trade, industry or service or any combinationthereof:Provided that a licence for registration as an all-Pakistan associationshall not be granted to more than two trade organizations in thesame sector, one of which must be an organization representing smallbusiness, small traders or small industry:• Licence shall be granted to a trade organization for a period of fiveyears.
4. Revocation of licences of existing trade organizations.Except as hereinafter provided, and notwithstanding anything in anyother law for the time being in force and memorandum and articles ofassociation of any trade organization, any licence granted undersection 3 of the repealed ordinance to an existing tradeorganization shall stand revoked with effect from December 30,2006, and such trade organization shall be required to apply for grantof licence under this Act by the date notified by the FederalGovernment:
8. Cancellation of registration(c) the registration of an existing trade organization under theOrdinance shall stand cancelled on 1st July, 2008, unless it hasbeen granted licence by the Federal Government under section 3.
15. Eligibility to voteSubject to provisions of section 10 of the Act, the eligibility of amember of trade organization to vote at the elections of the tradeorganization shall be subject to following conditions, namely:-(a) the member has completed two years of valid membership of thetrade organization as on the date of announcement of electionschedule by the executive committee of the trade organization:Provided that old members shall be eligible to vote oncompletion of one year of their enrollment and payment of alldues; and
18. Election procedure.(2) Within three days of the announcement of the election schedulemember-firms desiring to change their representative shall intimatechanges regarding name of representative to the secretarygeneral alongwith necessary proof of eligibility.
12. Uniformity in structure and autonomy of trade organizations.The Federal Government shall propose to and obtain approval fromthe Standing Committee on Commerce in the National Assembly for aminimum, basic template of Memorandum for all trade organizationsto be registered under this Act;
20. Organizational structure of the FederationThe Federation shall comprise a president, a senior vice president,twelve vice-presidents, an executive committee and a general body.
22. Reporting requirements.A trade organization shall annually submit by the 31stDecember to the Regulator-(a) annual financial statements as prepared by auditors and approvedby the executive committee;(b) plan of activities for the next year as provided in rule 23; and(c) a soft and hard copy of list of its members as on the 30thNovember, in the format as set out in Annex-I of Schedule „B‟.
Validation of actions etc.—.Anything done, actions taken, orders passed, instrumentsmade, proceedings initiated processes or communicationsissued, powersconferred, assumed, exercised by the Federal Government orRegulator on and after the 4th October, 2007 and before thecommencement of this Act shall be deemed to have been validlydone, made, issued, taken, initiated, conferred, assumed andexercised and the provisions of this Act shall have, and shall bedeemed always to have had effect accordingly.
15. Powers to enter and search the premises.The Regulator or any officer authorized in this behalf may, for thepurpose of making any investigation, enter any premises, where theRegulator or such authorized officer, as the case may be, hasreasons to believe that any article, books of account, computerhardware or software, data recording devices, or other documentrelating to the subject matter of investigation may be found, and may-(a) search such premises and inspect* any article, books of account,computer hardware or software, data recording devices, or otherdocument;(b) take extracts or copies of such articles, books of account, or anysoftware data;
15. Powers to enter and search the premises.(c) impound or seal such books of account, computer hardware orsoftware, data recording devices, or other documents; and(d) make inventory of such articles, books of account, computerhardware or software, data recording devices, or other documentsfound in such premises.(2) All searches made under sub-section (1) shall be carriedout, mutatis mutandis, in accordance with the provisions of Code ofCriminal Procedure, 1898 (Act V of 1898).(3) Before taking any action under this section, the Regulator shallsubmit to the Federal Government in writing the evidence andreasons for taking the said action.
• The following has been deleted from 2009 Ordinance:
• The following has been deleted from 2009 Ordinance:
• In rules 2013 it is added as under:-26. Memorandum of association and bye-laws. –Memorandum of association of trade organization,including but not limited to the organizational structure andany bye-laws of a trade organization shall be within theprovisions of these rules, the Act, the Ordinance and thepublic notices issued by the Federal Government from timeto time:Provided that any amendment made in memorandum ofassociation and by-laws shall be notified to the Regulatorby the trade bodies:
• In rules 2013 it is added as under:-Provided further that the Federal Governmentmay rescind, amend or otherwise modify anyprovision of memorandum and articles ofassociation in case it is observed to be in conflictwith provisions of the Act, rules madethereunder, the Ordinance and public noticesissued by the Federal Government from time totime.
27. Trade Organisations FundThere shall be established a fund to be known as the TradeOrganisations Fund which shall consist of,-grants made by the Federal Government and the ProvincialGovernments;(a) fees and penalties collected by the Regulator; and(b) contributions from local and foreign donors or agencies.(2) The Federal Government shall make rules and regulations forutilizing and incurring expenditures from the Fund.(3) For the purpose of maintaining the Fund the Federal Governmentmay open and maintain accounts at such scheduled banks as it mayfrom time to time determine.