PART XV
REGISTRATION OFFICES AND FEES 

(1) For the purposes of the registration of companies and other work under this Ordinance, there shall be offices at such places as the Federal Government thinks fit, and no company shall be registered except at an office within the Province or Territory in which, by the memorandum, the registered office of the company is declared to be established

(2) The Federal Government may appoint registrars, additional, joint registrars, deputy registrars and assistant registrars as it thinks necessary for the registration of companies and performing other duties under this Ordinance, and may make regulations with respect to their duties

(3) All assistant registrars, deputy registrars, joint registrars and additional registrars shall observe and follow the orders and instructions of the registrar who is head of the organization for the registration of companies in Pakistan

(4) The salaries and other terms and conditions of service of the persons appointed under this section shall be fixed by the Federal Government

(5) The Federal Government may direct a seal or seals to be prepared for the authentication of documents required for or connected with the registration of companies

(6) Any person may inspect the documents kept by the registrar and any person may require a certificate of incorporation or a certificate of commencement of business of any company, or a copy or extract of any other document or register or any part of any other document on register to be certified by the registrar on payment of the fees specified in the Sixth Schedule

(7) Wherever any act is by this Ordinance directed to be done to or by the registrar it shall, until the Federal Government otherwise directs, be done to or by the existing registrar of joint stock companies or in his absence to or by such person as the Federal Government may for the time being authorise; but, in the event of the Federal Government altering the constitution of the existing registration offices or any of them, any such act shall be done to or by such officer and at such place with reference to the local situation of the registered offices of the companies to be registered as the Federal Government may appoint

467 Production of documents kept by registrar, etc:-

(1) No process for compelling the production of any document or register kept by the registrar shall issue from any Court except with the special leave of that Court for reasons to be recorded; and any such process, if issued, shall bear thereon a statement that it is issued with the special leave of the Court so granted and state the reasons for grant of such leave

(2) A copy of, or extract from, any document or register kept and registered at any of the offices for the registration of companies under this Ordinance, certified to be a true copy under the hand of the registrar (whose official position it shall not be necessary to prove) shall, in all legal proceedings, be admissible in evidence as of equal validity with the original document

(3) Notwithstanding anything contained in any other law, no one shall, without the permission of the Authority in writing, take over or remove any original document or register from the custody of the registrar

468 Registrar not to accept defective documents:-

(1) Where, in the opinion of the registrar, any document required or authorized by or under this Ordinance to be filed or registered with the registrar:-

(a) contains any matter contrary to law, or does not otherwise comply with the requirement of law;

(b) is not complete owing to any defect, error or omission;

(c) is insufficiently legible or is written upon paper which is not durable; or

(d) is not properly authenticated;

the registrar may either require the company to file a revised document in the form and within the period to be specified by him or refuse to accept or register the same

(2) Subject to the provisions of sub-sections (3) and (4), if the registrar refuses to accept any document for any of the reasons aforesaid, the same shall not be deemed to have been delivered to him in accordance with the provisions of this Ordinance unless a revised document in the form acceptable to the registrar is duly delivered within such time, or such extended time, as the registrar may specify in this behalf

(3) The registrar shall, if he refuses to accept any document as aforesaid, communicate his decision in writing to the company

(4) If registration of any document is refused, the company may either supply the deficiency and remove the defect pointed out or, within thirty days of the order of refusal, prefer an appeal:-

(a) where the order of refusal has been passed by an additional registrar, a joint registrar, a deputy registrar or an assistant registrar, to the registrar, and

(b) where the order of refusal has been passed, or upheld in appeal, by the registrar, to the Authority

(5) An order of the Authority under sub-section (4) shall be final and shall not be called in question before any Court or other authority

469 Acceptance of documents presented after prescribed time:-

(1) Where any document required or authorised by or under this Ordinance to be filed or registered with the registrar within a specified period is presented after the expiry of such period, the registrar may, on payment by the company or other person concerned of such additional fee as may be prescribed by the Authority, not exceeding three times the amount of the specified fee payable in respect thereof, accept the same

(2) No such document as aforesaid shall be deemed to have been filed with the registrar until the specified or prescribed fee, as the case may be, has been paid in full

(3) The acceptance of the document by the registrar under sub-section (1) shall not absolve the defaulting company or other person concerned of any liability arising from the default, delay in filing or other failure to comply with the requirements of this Ordinance

470 Fees:-

(1) There shall be paid in respect of the several matters mentioned in the Sixth Schedule the several fees therein, for the time being, specified or such smaller fees as the Federal Government may direct:

Provided that, in the case of resolutions to which section 172 applies, not more than one fee shall be required for the filing of more resolutions than one passed in the same meeting if such resolutions are filed with the registrar at the same time

(2) All fees paid in pursuance of this Ordinance shall be accounted for to the Federal Government

(3) Any document required or authorised by this Ordinance to be filed by a company with the registrar shall not be deemed to have been so filed until the fee payable in respect thereof has been duly paid and either the original receipt or other proof acceptable to the registrar has been furnished to him

471 Power of the Federal Government to prescribe fees chargeable by companies:-

The maximum limits of fees to be paid to or charged by companies and liquidators from members, creditors or other person for supply of copies of documents, inspection of records and other services as are required to be provided under this Ordinance shall be such as may be prescribed

472 Enforcing compliance with provisions of Ordinance:-

(1) If a company, having made default in complying with any provision of this Ordinance or committed any other irregularity fails to make good the default or undo the irregularity, as the case may be, within thirty days after the service of a notice on the company requiring it to do so, the Authority may, of its own motion or on an application made to it by any member or creditor of the company, or a reference by the registrar and, in the case of a listed company, besides other persons as aforesaid, on a reference by the stock exchange, make an order directing the company and any officer thereof, as the case may be, to make good the default or undo the irregularity or otherwise make amends, as the circumstances may require, within such time as may be specified in the order

(2) Any such order may provide that all costs of and incidental to the application or reference shall be borne by the company or by any officer of the company responsible for the default

(3) Nothing in this section shall be taken to prejudice the operation of any enactment imposing penalties on a company or its officers in respect of any such default as aforesaid

473 Power of Court, etc, trying offences under Ordinance to direct compliance with the provisions:-

The Court, the Authority, the registrar or other officer trying an offence for a default in compliance with any provisions or requirements of this Ordinance may, at any time during the pendency of the trial or at the time of passing final order, direct, without prejudice to any liability,any officer, auditor or employee of the company in respect of which the default has been committed to comply with the said provisions or requirements within such time as may be specified in the order.