Price Control and Prevention of Profiteering and Hoarding Act, 1977

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 97a9a74f85ca4bccda3ad94d2e74ba0e09af13929319b9ddef2222ca4cd82145.

Page 1 of 8 
 
 
 
 
THE PRICE CONTROL AND PREVENTION OF PROFITEERING 
AND HOARDING ACT, 1977 
 
              
 
CONTENTS 
1.  Short title, extent and commencement 
2. Definitions 
3.  Powers to make orders etc. 
4.  Delegation of powers 
5.  Effect of orders inconsistent with other enactments 
6.  Fixation of prices 
6A. Appeal 
7.  Penalties 
8.  Attempts and abetments 
9.  Offences by corporations 
10.  False statements 
11.  Power to try offences summarily 
12.  Power to amend Schedule 
13.  Presumption as to order 
14.  Burden of proof in certain cases 
15.  Protection of action taken under the Act 
16.  Repeal 
 
 

 
Page 2 of 8 
 
THE PRICE CONTROL AND PREVENTION OF PROFITEERING AND 
HOARDING ACT, 1977 
1ACT No. XXIX OF 1977 
[21st May, 1977] 
 
An Act to provide for price control and prevention of profiteering and hoarding. 
WHEREAS it is expedient to provide for price control and prevention of profiteering and 
hoarding; 
 
 It is hereby enacted as 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 
authorised 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 pers on engaged in the manufacture or production of any 
essential commodity. 
1For Statement of Objects and Reasons, see Gaz. of P., 1977, Ext. Pt. III, p. 3539.
 
Page 3 of 8 
 
 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. 
(2) Without prejudice to the generality of the powers conferred by sub-section (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 p rice, 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 s ale p rices and to exhibition his p remises a 
price list of the essential commodities held by him for sale; and 
 
(j)      for any i ncidental and suppl ementary m atters, including in p articular 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. 
 
Page 4 of 8 
 
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 su ch 
conditions, if any, as may be specified in the direction, be exercisable 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 than 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. 
 
1[(2A) Every dealer, importer or producer of an essential commodity the maximum price of 
which is not for the time being fixed by a  notification issued under sub-section (1) sh all, if so 
required by the Controller-General by an order in writing or by a notified order, in form the 
Controller-General by notice in writing forwarded to him by registered post acknowledgement 
due of his intention to raise the price of the essential commodity and shall not raise the price. 
 
(a) before  the  expiration  of  thirty days  from  the  day on  which  the  notice  
is received by the Controller-General ; or 
 
(b) at any  time  thereafter,  if,  within  the  said  period,  the  Controller-General 
communicates to him an objection to the price being raised. 
 
(2B) A notice under sub-section (2A) shall specify the amount by whi ch the price of the 
essential commodity is proposed to be  raised and the reasons therefore and be accompanied by the 
latest annual audited accounts of the dealer, importer or producer.] 
 
(3) Every dealer, importer, or producer shall supply to  the Controller-General such 
information regarding 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. 
 
 2[6A.Appeal.—(1) Any producer, dealer or importer, if aggrieved by an order of a Controller 
General, may prefer an appeal within three working days of the order to an appellate committee 
comprising of federal secretary of the division to which business of industries stands allocated and 
two federal secretaries nominated by the Cabinet Division in case of the Federal Government and an 
appellate committee comprising of three provincial secretaries including secretary of the  department 
to whi ch business of industries stands allocated, constitut ed by chief secretary of the province 
concerned in case of a province or district thereof, as the case maybe. 
1Subs. by the Price Control and Prevention of Profiteering and Hoarding (Amdt.) Ordinance, 1979 (64 of 1979), s. 2. 
2 Ins by the Price Control and Prevention of Profiteering and Hoarding (Amendment) Act, 2023, (Act No. LXIV of 2023), s.2. 
 
Page 5 of 8 
 
 (2) An appeal under sub -section (l) shall be decided by the concerned appellate commit tee 
within five working days after providing the appellant an opportunity of being heard.] 
 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 sub-section 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 or 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 cor porate 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 a statement or 
furnish any information makes any statement or furnishes any statement 
which is false in any material particular and whi ch he knows or has 
reasonable cause to believe to be false, or does not believe to be true; or 
 
 
(ii)   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 or furnish,  
 
he shall be punishable with imprisonment for a term which may extend to three years, or with fine, 
or with both. 
 
 1[11. Power to try offences summarily.—(1) Offences punishable under this Act shall be 
tried by a Special Magistrate appointed under section 14A of the Code of Criminal Procedure, 1898, 
in a summary manner as provided in sections 262 to 265 of the said Code. 
 
 Provided that sub-section (2) of section 262 shall not apply. 
 
 
 
1Subs by Act III of 06, s. 14. 
 
 
Page 6 of 8 
 
(2) If a Special Magistrate has reason to believe that any offence punishable under this Act 
has been committed by any person, he may enter the place or premises where the offence has been 
committed and try the offence on the spot.] 
 
12. Power to amend Schedule. The Federal Government may, by not ification in o fficial 
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 (L 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 faith 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.] Omitted by the Federal laws (Revision and Declaration) Ordinance, 1981 
(XXVII of 1981), s. 3 and Sch., II. 
 
1[SCHEDULE 
(See Section 2 and section 12) 
 
PART- I 
1.  Edible oils, hydrogenated or otherwise; 
2.  Processed meat; 
3.  Tea; 
4.  Powdered milk; 
5.  Milk food for infants; 
6.  Aerated water;  
7.  Fruit juices and squashes; 
8.  Chemical fertilizers all sorts; 
1Subs. by S.R.O No. 1065 (I)/2021, page No. 1263, dated 24th August, 2021 
 
Page 7 of 8 
 
9. Cement; 
10.  Caustic soda; 
11.  Soda ash; 
12.  Bicycles, motor cycles, trucks, tractors, cars, light c ommercial vehicle (LCV), heavy 
commercial vehicle (HCV), sports utility vehicle (SUV), buses and trailors; 
13.  Face masks, oxygen cylinder, hand sanitizers; 
14.  Iron and steel; and  
15.  Tyres (all types). 
PART-II 
1.  White sugar; and   
2.  Wheat 
PART-III 
1.  Milk; 
2.  Salt; 
3.  Potatoes; 
4.  Onion; 
5.  Pulses all sorts; 
6.  Fish all sorts; 
7.  Beef; 
8.  Mutton; 
9.  Eggs; 
10.  Gur; 
11.  Spices and vegetables; 
12.  Red chilies; 
13.  Charcoal; 
14.  Firewood; 
15.  Matches 40 and 50 sticks; 
 
Page 8 of 8 
 
16.  Coal; 
17.  Poultry feed; 
18.  Bricks; 
19.  Phutti (seed cotton); 
20.  Cotton (lint); 
21.  Cotton seed all sorts; 
22.  Wool, shoddy or raw;  
23.  Paddy (rice); 
24.  Ice; 
25.  Pesticides; 
26.  Meat on hoof; 
27.  Roti and naan (tandoori); 
28.  Fruits and vegetables; 
29.  Meda and suji; 
30.  Gram flour; 
31.   Bread (double roti); 
32.   Curd; and  
33.  Live poultry and poultry meat.] 
 
 
___________ 
 
 
 
 
 
 
 
 
 
 
 
Date: 13-09-2024