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  "title": "PUNJAB PREVENTION OF HOARDING ACT 2020",
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  "text": "THE PUNJAB PREVENTION OF HOARDING ACT 2020 \r\n (XV of 2020) \r\nCONTENTS \r\n1. Short title, extent and commencement  \r\n \r\n2. Definitions \r\n \r\n3. Offence of hoarding  \r\n \r\n4. Power to search for and seizure of article \r\n \r\n5. Power to auction seized articles  \r\n \r\n6. Cognizance of offence and arrest without warrant \r\n \r\n7. Offences by corporations etc  \r\n \r\n8. Power to try offences summarily  \r\n \r\n9. Appeal \r\n \r\n10. Reward for informers \r\n \r\n11. Information and declarations  \r\n \r\n12. Offences in respect of false reporting and failure to disclose information  \r\n \r\n13. Protection of action taken under the Act \r\n \r\n14. Action in aid of an officer  \r\n \r\n15. Power to make rules  \r\n \r\n16. Act to override other laws \r\n \r\n17. Power to amend Schedule \r\n \r\n18. Repeal   \r\nSCHEDULE \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB PREVENTION OF HOARDING ACT 2020 \r\n  (XV of 2020) \r\n    [11th August, 2020] \r\nAn \r\nAct \r\nto provide for the prevention of hoarding in respect of certain articles. \r\nIt is expedient to provide for the prevention of hoarding in respect of scheduled \r\narticles in an emergent situation resulting from the outbreak of the Corona virus \r\npandemic (COVID-19) and for matters connected therewith and ancillary thereto. \r\nEvents of hoarding contribute to adversities, in geometric progression, to the people \r\nat large, especially in circumstances of partial or complete lock-down. \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Prevention of Hoarding Act 2020.  \r\n(2) It extends to whole of the Punjab.  \r\n(3)  It shall come into force at once.  \r\n2. Definitions.– In this Act:  \r\n(a) “article” means any of the articles specified in the Schedule to this Act; \r\n(b) “Code” means the Code of Criminal Procedure, 1898 (V of 1898); \r\n(c) \"dealer\" means any person, trader, partnership firm, whether registered \r\nor unregistered, an association or body of per sons or individuals, or a \r\ncompany, or their agents carrying on the business of purchasing, \r\nselling or stocking of any article and includes a manufacturer, producer, \r\npackager, importer, exporter, wholesaler or retailer of such article;  \r\n(d) “Government” means Government of the Punjab; \r\n(e) “hoard” or “hoarding”: \r\n(i)  means stocking or storing anything in excess of the maximum \r\nquantity of articles allowed to be held in stock or storage, in the \r\nmanner as may be prescribed; or  \r\n(ii)  where no maximum quantity of an arti cle is prescribed under \r\nsub-clause (i), “hoard” or “hoarding” shall mean stocking or \r\naccumulation of articles without offering such articles for sale, \r\ndespite there being a demand by consumers; \r\n                                                      \r\n1This Act was passed by Provincial Assembly of the Punjab on 15 July 2020; assented to by the Governor of the Punjab on 28 \r\nJuly 2020; and, was published in the Punjab Gazette (Extraordinary), dated: 11 August 2020, pp.561-564. \r\n \r\n \r\n(f) “officer” means a Deputy Commissioner as defined under the Pun jab \r\nCivil Administration Act 2017 (III of 2017) or such other officer as may \r\nbe authorized by a Deputy Commissioner in this behalf; and \r\n(g) “prescribed” means prescribed by rules made under this Act. \r\n3. Offence of hoarding.– (1) Any dealer who is found to hoard any article shall \r\nbe guilty of an offence punishable with simple imprisonment up to three years and \r\nfine equivalent to fifty percent of the value of the articles involved in the case. \r\n(2) The value of articles for the purposes of subsection (1) shall  be \r\ndetermined in the manner as may be prescribed.  \r\n4. Power to search for and seizure of article .– (1) When an officer has \r\nreasonable grounds to suspect, either upon information from anyone or on his own, \r\nthat there has been a contravention of any of the provisions of this Act, he may, after \r\nrecording in writing the grounds of his suspicion, enter and search, without any \r\nwarrant, any place where a dealer keeps, or is for the time being keeping, any \r\narticle, accounts, registers or any other related items or things. \r\n(2)  Upon entry in and search of a premises under subsection (1), if articles \r\nare found at such premises in contravention of any of the provisions of this Act, the \r\nofficer shall immediately seize the same and prepare a detailed report of the artic les \r\nand other relevant material found during the search. \r\n(3) The provisions of the Code shall not be applicable on search and \r\nseizure under this Act. \r\n5. Power to auction seized articles .– (1) Notwithstanding anything contained \r\nin any other law for the time being in force and in addition to the prosecution under \r\nthis Act, the officer may sell the articles seized under section 4, by auction in the \r\nmanner as may be prescribed.   \r\n(2)  The proceeds collected under subsection (1) shall be deposited in a \r\nprofit bearing bank account in the National Bank of Pakistan, and if:  \r\n(a) the accused person whose articles are auctioned is acquitted of \r\nan offence under section 3, the deposited amount along with th e \r\nprofit shall be released to the said accused; or \r\n(b)  the accused person whose articles are auctioned is convicted of \r\nan offence under section 3, the deposited amount along with the \r\nprofit shall be released into the Government exchequer.  \r\n6. Cognizance o f offence and arrest without warrant .– (1) Notwithstanding \r\nanything contained in the Code, all offences punishable under this Act shall be \r\ncognizable and non-bailable.  \r\n(2) The Special Magistrate under section 8 shall take cognizance of an \r\noffence under this Act, upon written information by the officer.  \r\n(3) An officer may arrest any person without warrant against whom there is \r\ncredible information that he has committed an offence under this Act. \r\n7. Offences by corporations etc .– If an offence under this Act is committed by \r\na company or body corporate or a partnership firm or other association or body of \r\n \r\n \r\npersons or individuals, every director, partner, manager, secretary, member or other \r\nofficer, the principal, primary or beneficial owner or agents thereof s hall, unless he \r\nproves that the contravention took place without his knowledge or that he exercised \r\nall due diligence to prevent such contravention, be deemed to be guilty of such \r\ncontravention and shall be liable to punishment under this Act.  \r\n8. Power to try offences summarily .– (1) Notwithstanding anything contained \r\nin section 260 of the Code, offences punishable under this Act shall be tried by a \r\nSpecial Magistrate appointed under section 14A of the Code in a summary manner \r\nas provided in sections 262 to 265 of the Code:  \r\nProvided that subsection (2) of section 262 of the Code shall not apply to the \r\ntrials of offences under subsection (1).  \r\n(2) The trial under this Act shall be concluded within thirty days.  \r\n9. Appeal.– (1) A person aggrieved by an order  of conviction and sentence \r\nunder this Act may file an appeal before a District and Sessions Judge of the \r\nconcerned District within thirty days of the said order. \r\n(2) An appeal under subsection (1) shall be disposed of within thirty days. \r\n10. Reward for informers.– Any person who provides an information to an officer \r\nwith regard to any act of hoarding, which results in a conviction and release of funds \r\ninto the Government exchequer, shall be entitled to an award equivalent to ten \r\npercent of the amount relea sed to the Government exchequer in such manner as \r\nmay be prescribed. \r\n11. Information and declarations .– (1) Every dealer shall provide to the \r\nconcerned officer, such information regarding production, import, export, purchase, \r\nstock, sale or distribution of  any of the articles as the officer may, by an order in \r\nwriting, require.  \r\n(2) The officer may direct the owner or manufacturer of articles or owner \r\nand management of godowns or storage places or their agents to declare stocks of \r\nany particular item, owned  or managed by them at their premises, at any point in \r\ntime or at such periodical intervals as he may deem fit.  \r\n(3) The declaration to be made under subsection (2), shall include the \r\nquantity of stock, its value, date of purchase, copies of procurement in voices in any \r\ngiven time frame, along with details of any sale or sale agreements. \r\n(4) The officer may verify the stock as well as the books or documents in \r\nrespect of the stock, purchase or sale, at any time, in respect of articles.  \r\n(5) While carrying out the verification of stock in terms of subsection (4) or \r\nupon receipt of any information from whatever source, the officer may require the \r\ndealer, owner or manager of a godown or storage place to furnish the details of \r\npersons, shops, firms or companies, etc. from whom the purchases have been made \r\nand to whom the sales have been or are to be made.  \r\n12. Offences in respect of false reporting and failure to disclose \r\ninformation.– Any dealer or owner of a godown or a storage place or their \r\nmanagement or agent , who fails to provide information or gives fake or false \r\ninformation with regard to any of the items or details under section 11, or provides \r\n \r\n \r\ninformation of contracts, agreements or arrangements found to be fake or false, or is \r\notherwise found to be invol ved in speculative dealings or market manipulation, \r\ncreating artificial, false or misleading appearance with respect to the price of, or \r\nmarket for, the articles, shall be guilty of an offence punishable with simple \r\nimprisonment up to three years and fine up to rupees one million.   \r\n13. Protection of action taken under the Act.– (1) No suit, prosecution or other \r\nlegal proceedings shall lie against any person for anything done in good faith under \r\nthis Act. \r\n(2) Except as provided in this Act, no suit or other legal proceedings shall \r\nlie to challenge any proceedings under this Act on any ground. \r\n14. Action in aid of an officer .– In giving effect to the provisions of this Act, an \r\nofficer, where he deems fit, may seek the aid of law enforcement agencies.  \r\n15. Power to make rules .– The Government may, by notification in the official \r\nGazette, make rules to carry out the purpose of this Act.  \r\n16. Act to override other laws .– The provisions of this Act shall have effect \r\nnotwithstanding anything contained in any other law for the time being in force. \r\n17. Power to amend Schedule .– The Government may, by notification in official \r\nGazette, amend the Schedule so as to add or omit from it any entry. \r\n18. Repeal. The Punjab Prevention of Hoarding  Ordinance 2020 (VI of 2020) is \r\nhereby repealed. \r\n \r\n \r\n \r\n \r\nSCHEDULE \r\n(See section 2) \r\n1. Tea \r\n2. White sugar \r\n3. Milk \r\n4. Powdered Milk \r\n5. Milk food for infants \r\n6. Edible Oils, hydrogenated or otherwise \r\n7. Aerated water, fruit juices and squashes \r\n8. Salt \r\n9. Potatoes \r\n10. Onion \r\n11. Pulses all sorts \r\n12. Fish all sorts \r\n13. Beef \r\n14. Mutton \r\n15. Eggs \r\n16. Gur \r\n17. Spices and vegetable \r\n18. Red Chilies \r\n19. Drugs and Medicines \r\n20. Kerosene Oil \r\n21. Matches \r\n22. Coal \r\n23. Chemical Fertilizers all sorts \r\n24. Poultry Food \r\n25. Cement \r\n26. Phutti (seed cotton) \r\n27. Cotton (Lint) \r\n28. Cotton Seed all sorts \r\n29. Wool, shoddy or raw \r\n30. Caustic Soda \r\n31. Soda Ash \r\n32. Paddy \r\n33. Pesticides. \r\n34. Meat on Hoof \r\n35. Wheat Flour all sorts \r\n36. Surgical Gloves \r\n \r\n \r\n37. Face Masks  \r\n38. N95 Masks  \r\n39. Sanitizers \r\n40. Surface Cleaning Products \r\n41. Isopropyl Alcohol",
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