PRICE CONTROL AND PREVENTION OF PROFITEERING
AND HOARDING ACT, 1977
An Act to provide for price control and prevention
of profiteering and hoarding
[Gazette of Pakistan, Extraordinary, Part I, 25th May 1977] The following
Act of Parliament received the assent of the President on the 21st May 1977,
and is hereby
published for general information :-
Whereas it is expedient to provide for price control and prevention of profiteering
and hoarding; It is hereby enacted follows:-
1. Short title, extent and commencement.-(1) This Act
may be called the Price Control and Prevention of Profiteering and Hoarding
Act, 1977.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions. ---In this Act, unless there is anything
repugnant in the subject or context,-
(a) "Controller- General"' means the Controller-General of Prices
and Supplies appointed by the Federal Government, and includes any Deputy
or Assistant Controller-General of Prices and Supplies so appointed, and any
other officer authorized by the Federal Government to exercise all or any
of the powers of the Controller-General under this Act;
(b) `dealer," means a person carrying on, whether in conjunction with
any other business or not, the business of selling any essential commodity,
whether wholesale or retail;
(c) "essential commodity" means any of the commodities or classes
of commodities mentioned in the Schedule;
(d) "importer" means a person importing into Pakistan, whether under
an import licence granted by the Federal Government or otherwise, any Essential
commodity from outside Pakistan, but does not include a person importing any
essential commodity as part of his personal baggage:;
(e) "notified order" means an order notified in the official Gazette;
(f) "producer" means a person engaged in the manufacture or production
of any essential commodity.
3. Powers to make orders, etc.-(1 ) The Federal Government, so far as it appears
to it to be necessary or expedient for securing equitable distribution of
an essential commodity and its availability at fair prices, may, by notified
order, provide for regulating the prices, production, movement, transport,
supply, distribution, disposal and sale of the essential commodity and for
the price to be charged or paid for it at any stage of transaction therein.
(7) Without prejudice to the generality of the powers conferred by subsection
(1), an order made thereunder may provide-
(a) for controlling the prices at which any essential commodity may be bought
or sold in any area;
(b) for regulating the production, treatment and keeping of any essential
commodity;
(c) for regulating, by licences, permits or otherwise, the transport, movement
and distribution between the Provinces of an essential commodity;
(d) for prohibiting the withholding of sale of an essential commodity ordinarily
kept for sale;
(e) for requiring any person holding stock in a Province of an essential commodity
to sell in another Province the whole or a specified part of the stock at
such price, to such persons or class of persons and under such conditions
as may be specified in the order;
(f) for fixing the maximum quantity of any essential commodity which may at
any time be possessed by a producer or dealer;
(g) for collecting any information or statistics with a view to regulating
or prohibiting any of the matters aforesaid;
(h) for requiring persons engaged in any of the matters aforesaid in respect
of any essential commodity to maintain and produce for inspection such books,
accounts and records relating to their business and to furnish such information
relating thereto, as may be specified in the order;
(i) for requiring every importer, producer and dealer to mark the essential
commodities with the sale prices and to exhibit on his premises a price list
of the essential commodities held by him for sale; and
(j) for any incidental and supplementary matters, including in particular
the entering and search of premises, vehicles, vessels and aircraft, the seizure
by a person authorised to make such search of any articles in respect of which
such person has reason to believe that a contravention of the order has been,
is being or is about to be committed, or any records connected therewith,
the grant or issue of licences, permits or other documents and the charging
of fees therefor.
4. Delegation of powers,-The Federal Government may, by notified order direct
that any power conferred on it by or under this Act shall in relation to such
matters and subject to such conditions, if any, as may be specified in tyre
direction, be exerciseable also by-
(a) such officer or authority subordinate to the Federal Government , or
(b) such Provincial Government or such officer or authority subordinate to
a Provincial Government as may be specified in the direction.
5. Effect of orders inconsistent with other enactments.-Any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other then this Act.
6. Fixation of prices.-- (1) Subject to such general
or special orders as may be made by the Federal Government under section 3,
the Controller. General may, by .notification in the official Gazette, fix
specific maximum prices of essential commodities and different prices may
be fixed for different localities or for different classes or categories of
any essential commodities.
(2) No person shall sell or re-sell any essential commodity at a, price higher
than the maximum price so fixed.
(3) Every dealer, importer, or producer shall supply to the Controller-General
such information regarding to the production, importation, purchase, stock,
sale or distribution of any of the essential commodities as the Controller-General
may, by an order in writing or by a notified order, require.
7. Penalties. -(1) Any person who contravenes any order
made under section 3 or a notification issued, or order made under section
6 shall be punishable with imprisonment for a term which may extend to three
years and with fine which may extend to one lac rupees;
Provided that, if a person convicted for an offence punishable under this
subsection is again convicted for such offence, the term of imprisonment awarded
to him shall not be less than one year.
(2) If the order made under section 3 so provides, any Court trying any contravention
of such order may direct that any property in respect of which the Court is
satisfied that the order has been contravened shall be forfeited to the Federal
Government.
8. Attempts and abetments.---Any person who attempts
to contravene, or abets a contravention of, any order made under section 3
shall be deemed to have contravened the order;
Provided that a person who buys an essential commodity for his personal consumption
yr use and not for sale shall not be deemed to have abetted the contravention
of an order controlling the price at which the essential commodity may be
sold.
9. Offences by corporations.--If the person contravening an order made under section 3 is a company or other body corporate or a partnership or other body of individuals, every director, manager, secretary, member or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.
10. False statements. -If any person-----
(i) when required by an order made under section 3 to make statement or furnish
any information makes any statement or furnishes any statement which is false
in any material particular and which he knows or has reasonable cause to believe
to be false, or does not believe to be true; of makes any statement as aforesaid
in any book, account, record, declaration, return or other document which
he is required by any such order to maintain furnish, he shall be punishable
with imprisonment for a term which may extend to three ears or with fine,
or whit both.
11. Power to try offences summarily - Offences under this Act shall be tried by a Magistrate of the First Class who ,nay, if so empowered, try the same in the manner provided in sections 262 to 265 of the Code of Criminal Procedure, 1898 (Act v of 1898).
12. ,notification in official Gazette, amend the Schedule so as to add to, or omit from it any commodity or class of commodities.
13. Presumption as to order.-(1) No order made by any
authority other than a Court in exercise of any power conferred by or under
this Act shall be called in question in any Court.
(2) Where an order purports to have been made and signed by an authority in
exercise of any power conferred by or under this Act, a Court shall, within
the meaning of the Evidence Act, 1872 (1 of 1872), presume that such order
was so made by that authority.
14. Burden of proof in certain cases.-Where any person is prosecuted for contravening any order made under section 3 which prohibits him from doing an act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document shall be on him.
15. Protection of action taken under the Act.-(1) No
suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good fait: done or intended to be done in pursuance of
any order made under section 3.
(2) No suit or other legal proceeding shall lie against the Government for
any damage caused or likely to be caused by anything which is in ,good faith
done or intended to be done in pursuance of any order made under section 3.
16. Repeal.-.The Essential Commodities Act, 1957 (111
of 1957), is hereby repealed.