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  "title": "Price Control and Prevention of Profiteering and Hoarding Act, 1977",
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  "text": "Page 1 of 8 \r\n \r\n \r\n \r\n \r\nTHE PRICE CONTROL AND PREVENTION OF PROFITEERING \r\nAND HOARDING ACT, 1977 \r\n \r\n              \r\n \r\nCONTENTS \r\n1.  Short title, extent and commencement \r\n2. Definitions \r\n3.  Powers to make orders etc. \r\n4.  Delegation of powers \r\n5.  Effect of orders inconsistent with other enactments \r\n6.  Fixation of prices \r\n6A. Appeal \r\n7.  Penalties \r\n8.  Attempts and abetments \r\n9.  Offences by corporations \r\n10.  False statements \r\n11.  Power to try offences summarily \r\n12.  Power to amend Schedule \r\n13.  Presumption as to order \r\n14.  Burden of proof in certain cases \r\n15.  Protection of action taken under the Act \r\n16.  Repeal \r\n \r\n \r\n\r\n \r\nPage 2 of 8 \r\n \r\nTHE PRICE CONTROL AND PREVENTION OF PROFITEERING AND \r\nHOARDING ACT, 1977 \r\n1ACT No. XXIX OF 1977 \r\n[21st May, 1977] \r\n \r\nAn Act to provide for price control and prevention of profiteering and hoarding. \r\nWHEREAS it is expedient to provide for price control and prevention of profiteering and \r\nhoarding; \r\n \r\n It is hereby enacted as follows:— \r\n \r\n 1. Short title, extent and commencement.―(1) This Act may be called the Price Control \r\nand Prevention of Profiteering and Hoarding Act, 1977. \r\n  (2) It extends to the whole of Pakistan. \r\n \r\n(3) It shall come into force at once \r\n \r\n 2. Definitions. In this Act, unless there is anything repugnant in the subject or context,— \r\n \r\n(a) “Controller-General” means the Controller -General of Prices and Supplies \r\nappointed by the Federal Government, and includes any Deputy or Assistant \r\nController-General of Prices and Supplies so appointed, and any other officer \r\nauthorised by the Federal Government to exercise all or any of the powers of \r\nthe Controller-General under this Act; \r\n(b) “dealer” means a person carrying on, whether in conjunction with any other \r\nbusiness or not, the business of selling any essential commodity,  whether \r\nwholesale or retail; \r\n(c) “essential commodity” means any of the commodities or classes of \r\ncommodities mentioned in the Schedule; \r\n(d) “importer” means a person importing into Pakistan, whether under an import \r\nlicence granted by the Federal Government  or otherwise, any essential \r\ncommodity from outside Pakistan, but does not include a person importing any \r\nessential commodity as part of his personal baggage; \r\n(e) “notified order” means an order notified in the official Gazette; \r\n(f) “producer” means a pers on engaged in the manufacture or production of any \r\nessential commodity. \r\n1For Statement of Objects and Reasons, see Gaz. of P., 1977, Ext. Pt. III, p. 3539.\r\n \r\nPage 3 of 8 \r\n \r\n 3. Powers to make orders etc.―(1) The Federal Government, so far as it appears to it to \r\nbe necessary or  expedient for securing equitable distribution of an essential commodity and its \r\navailability at fair prices, may, by notified order, provide for regulating the prices, production, \r\nmovement, transport, supply, distribution, disposal and sale of the essential commodity and for the \r\nprice to be charged or paid for it at any stage of transaction therein. \r\n(2) Without prejudice to the generality of the powers conferred by sub-section (1), an order \r\nmade thereunder may provide— \r\n \r\n(a)     for controlling the prices at which any essential commodity may be bought or \r\nsold in any area; \r\n \r\n(b)     for   regulating   the   production,   treatment   and   keeping   of   any   \r\nessential commodity; \r\n \r\n(c)    for regulating, by licences, permits or otherwise, the transport, movement and \r\ndistribution between the Provinces of an essential commodity; \r\n \r\n(d)     for prohibiting the withholding of sale of an essential commodity ordinarily \r\nkept for sale; . \r\n \r\n(e) for requiring any person holding stock in a Province of an essential \r\ncommodity to sell in another province the whole or a specified part of the \r\nstock at such p rice, to such persons or class of persons and under such \r\nconditions as may be specified in the order; \r\n \r\n(f)     for fixing the maximum quantity of any essential commodity which may at \r\nany time be possessed by a producer or dealer; \r\n \r\n(g)     for  collecting  any  information  or  statistics  with  a  view  to  regulating  or \r\nprohibiting any of the matters aforesaid; \r\n \r\n(h)     for requiring persons engaged in any of the matters aforesaid in respect of any \r\nessential  commodity  to  maintain  and  produce  for  inspection  such  books, \r\naccounts and records relating to  their business, and to furnish such \r\ninformation relating thereto, as may be specified in the order; \r\n \r\n(i)      for  requiring  every  importer,  producer  and  dealer  to  mark  the  \r\nessential commodities with the s ale p rices and to exhibition his p remises a \r\nprice list of the essential commodities held by him for sale; and \r\n \r\n(j)      for any i ncidental and suppl ementary m atters, including in p articular the \r\nentering and search of premises, vehicles, vessels and aircraft, the seizure by \r\na person authorised to make such search of any articles in respect of which \r\nsuch person has reason to believe that a contravention of the order has been, \r\nis being or is about to be committed, or any records connected therewith, the \r\ngrant or issue of licences, permits or other documents and the charging of fees \r\ntherefor. \r\n \r\nPage 4 of 8 \r\n \r\n4. Delegation of powers. The Federal Government may, by notified order, direct that any \r\npower conferred on it by or under this Act shall, in relation to such matters and subject to su ch \r\nconditions, if any, as may be specified in the direction, be exercisable also by— \r\n \r\n(a)       such officer or authority subordinate to the Federal Government; or \r\n \r\n(b) such Provincial Government or such  officer  or  authority subordinate  to  a \r\nProvincial Government, as may be specified in the direction. \r\n \r\n5. Effect of orders inconsistent with other enactments. Any order made under section 3 \r\nshall have effect notwithstanding anything inconsistent therewith contained in any enactment other \r\nthan this Act or any instrument having effect by virtue of any enactment other than this Act. \r\n \r\n6. Fixation of prices.—(1) Subject to such general or special orders as may be made by the \r\nFederal Government under section 3, the Controller- General may, by notification in the official \r\nGazette, fix specific maximum prices of essential commodities and different prices    may    be    \r\nfixed    for    different    localities    or    for    different    classes    or categories of any essential \r\ncommodities. \r\n \r\n(2) No person shall sell or re-sell any essential commodity at a price higher than the \r\nmaximum price so fixed. \r\n \r\n1[(2A) Every dealer, importer or producer of an essential commodity the maximum price of \r\nwhich is not for the time being fixed by a  notification issued under sub-section (1) sh all, if so \r\nrequired by the Controller-General by an order in writing or by a notified order, in form the \r\nController-General by notice in writing forwarded to him by registered post acknowledgement \r\ndue of his intention to raise the price of the essential commodity and shall not raise the price. \r\n \r\n(a) before  the  expiration  of  thirty days  from  the  day on  which  the  notice  \r\nis received by the Controller-General ; or \r\n \r\n(b) at any  time  thereafter,  if,  within  the  said  period,  the  Controller-General \r\ncommunicates to him an objection to the price being raised. \r\n \r\n(2B) A notice under sub-section (2A) shall specify the amount by whi ch the price of the \r\nessential commodity is proposed to be  raised and the reasons therefore and be accompanied by the \r\nlatest annual audited accounts of the dealer, importer or producer.] \r\n \r\n(3) Every dealer, importer, or producer shall supply to  the Controller-General such \r\ninformation regarding the production, importation, purchase, stock, sale or distribution of any of the \r\nessential commodities as the Controller-General may, by an order in writing or by a notified order, \r\nrequire. \r\n \r\n 2[6A.Appeal.—(1) Any producer, dealer or importer, if aggrieved by an order of a Controller \r\nGeneral, may prefer an appeal within three working days of the order to an appellate committee \r\ncomprising of federal secretary of the division to which business of industries stands allocated and \r\ntwo federal secretaries nominated by the Cabinet Division in case of the Federal Government and an \r\nappellate committee comprising of three provincial secretaries including secretary of the  department \r\nto whi ch business of industries stands allocated, constitut ed by chief secretary of the province \r\nconcerned in case of a province or district thereof, as the case maybe. \r\n1Subs. by the Price Control and Prevention of Profiteering and Hoarding (Amdt.) Ordinance, 1979 (64 of 1979), s. 2. \r\n2 Ins by the Price Control and Prevention of Profiteering and Hoarding (Amendment) Act, 2023, (Act No. LXIV of 2023), s.2. \r\n \r\nPage 5 of 8 \r\n \r\n (2) An appeal under sub -section (l) shall be decided by the concerned appellate commit tee \r\nwithin five working days after providing the appellant an opportunity of being heard.] \r\n 7. Penalties .—(1) Any person who contravenes any order made under section 3 or a \r\nnotification issued, or order made, under section 6 shall be punishable with imprisonment for a term \r\nwhich may extend to three years and with fine which may extend to one lac rupees:, \r\nProvided that, if a person convicted for an offence punishable under this sub-section is again \r\nconvicted for such offence, the term of imprisonment awarded to him shall not be less than one year. \r\n \r\n(2) If the order made under section 3 so provides, any Court trying any contravention of such \r\norder may direct that any property in respect of which the Court is satisfied that the order has been \r\ncontravened shall be forfeited to the Federal Government. \r\n \r\n8. Attempts and abetments. Any person who attempts to contravene, or abets a \r\ncontravention of, any order made under section 3 shall be deemed to have contravened the order: \r\n \r\nProvided  that  a  person  who  buys  an  essential   commodity  for  his  personal \r\nconsumption or use and not for sale shall not be deemed to have abetted the contravention of an \r\norder controlling the price at which the essential commodity may be sold. \r\n \r\n \r\n 9. Offences by corporations . If the person contravening an order made under section  3 is a \r\ncompany or other body cor porate or a partnership or other body of individuals, every director, \r\nmanager, secretary, member or other officer or agent thereof shall, unless he proves that the \r\ncontravention took place without his knowledge or that he exercised all due diligence to prevent such \r\ncontravention, be deemed to be guilty of such contravention. \r\n 10. False statements. If any person— \r\n \r\n(i)      when required by an order made under section 3 to make a statement or \r\nfurnish any information makes any statement or furnishes any statement \r\nwhich is false in any material particular and whi ch he knows or has \r\nreasonable cause to believe to be false, or does not believe to be true; or \r\n \r\n \r\n(ii)   makes any statement as aforesaid in any book, account, record, \r\ndeclaration, return or other document which he is required by any such order \r\nto maintain or furnish,  \r\n \r\nhe shall be punishable with imprisonment for a term which may extend to three years, or with fine, \r\nor with both. \r\n \r\n 1[11. Power to try offences summarily.—(1) Offences punishable under this Act shall be \r\ntried by a Special Magistrate appointed under section 14A of the Code of Criminal Procedure, 1898, \r\nin a summary manner as provided in sections 262 to 265 of the said Code. \r\n \r\n Provided that sub-section (2) of section 262 shall not apply. \r\n \r\n \r\n \r\n1Subs by Act III of 06, s. 14. \r\n \r\n \r\nPage 6 of 8 \r\n \r\n(2) If a Special Magistrate has reason to believe that any offence punishable under this Act \r\nhas been committed by any person, he may enter the place or premises where the offence has been \r\ncommitted and try the offence on the spot.] \r\n \r\n12. Power to amend Schedule. The Federal Government may, by not ification in o fficial \r\nGazette, amend the Schedule so as to add to, or omit from it any commodity or class of  \r\ncommodities. \r\n \r\n13. Presumption as to order.—(1) No order made by any authority other than a Court \r\nin exercise of any power conferred by or under this Act shall be called in question in any Court. \r\n \r\n(2) Where an order purports to have been made and signed by an authority in exercise of \r\nany power conferred by or under this Act, a Court shall, within the meaning of the Evidence \r\nAct, 1872 (L of 1872) presume that such order was so made by that authority. \r\n \r\n14. Burden of proof in certain cases. Where any person is prosecuted for contravening  \r\nany  order  made  under  section  3  which  prohibits  him  from  doing  an  act or  being in \r\npossession of a thing without lawful authority or without a permit, licence or other document,  the  \r\nburden  of  proving  that  he  has  such  authority,  permit,  licence  or  other document shall be on \r\nhim. \r\n \r\n15. Protection of action taken under the Act.—(1) No suit, prosecution or other legal \r\nproceeding shall lie against any person for anything which is in good faith done or intended to be  \r\ndone in pursuance of any order made under section 3. \r\n \r\n(2) No suit or other legal proceeding shall lie against the Government for any damage caused \r\nor likely to be caused by anything which is in good faith done or intended to be done in pursuance \r\nof any order made under section 3. \r\n \r\n16. [Repeal.] Omitted by the Federal laws (Revision and Declaration) Ordinance, 1981 \r\n(XXVII of 1981), s. 3 and Sch., II. \r\n \r\n1[SCHEDULE \r\n(See Section 2 and section 12) \r\n \r\nPART- I \r\n1.  Edible oils, hydrogenated or otherwise; \r\n2.  Processed meat; \r\n3.  Tea; \r\n4.  Powdered milk; \r\n5.  Milk food for infants; \r\n6.  Aerated water;  \r\n7.  Fruit juices and squashes; \r\n8.  Chemical fertilizers all sorts; \r\n1Subs. by S.R.O No. 1065 (I)/2021, page No. 1263, dated 24th August, 2021 \r\n \r\nPage 7 of 8 \r\n \r\n9. Cement; \r\n10.  Caustic soda; \r\n11.  Soda ash; \r\n12.  Bicycles, motor cycles, trucks, tractors, cars, light c ommercial vehicle (LCV), heavy \r\ncommercial vehicle (HCV), sports utility vehicle (SUV), buses and trailors; \r\n13.  Face masks, oxygen cylinder, hand sanitizers; \r\n14.  Iron and steel; and  \r\n15.  Tyres (all types). \r\nPART-II \r\n1.  White sugar; and   \r\n2.  Wheat \r\nPART-III \r\n1.  Milk; \r\n2.  Salt; \r\n3.  Potatoes; \r\n4.  Onion; \r\n5.  Pulses all sorts; \r\n6.  Fish all sorts; \r\n7.  Beef; \r\n8.  Mutton; \r\n9.  Eggs; \r\n10.  Gur; \r\n11.  Spices and vegetables; \r\n12.  Red chilies; \r\n13.  Charcoal; \r\n14.  Firewood; \r\n15.  Matches 40 and 50 sticks; \r\n \r\nPage 8 of 8 \r\n \r\n16.  Coal; \r\n17.  Poultry feed; \r\n18.  Bricks; \r\n19.  Phutti (seed cotton); \r\n20.  Cotton (lint); \r\n21.  Cotton seed all sorts; \r\n22.  Wool, shoddy or raw;  \r\n23.  Paddy (rice); \r\n24.  Ice; \r\n25.  Pesticides; \r\n26.  Meat on hoof; \r\n27.  Roti and naan (tandoori); \r\n28.  Fruits and vegetables; \r\n29.  Meda and suji; \r\n30.  Gram flour; \r\n31.   Bread (double roti); \r\n32.   Curd; and  \r\n33.  Live poultry and poultry meat.] \r\n \r\n \r\n___________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 13-09-2024",
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