PUNJAB FOODSTUFFS (CONTROL) ACT, 1958

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THE PUNJAB FOODSTUFFS (CONTROL) ACT, 1958 
(XX of 1958) 
CONTENTS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Powers to control supply, distribution, etc., of foodstuffs. 
4. Delegation of powers. 
5. Effect of orders inconsistent with other enactment. 
6. Penalties. 
7. Attempts and abetments. 
8. Offences by Corporation. 
9. False statements. 
9-A. Trials by Tribunal. 
9-B. Constitution of Tribunals. 
9-C. Powers of Tribunals. 
9-D. Appeal. 
9-E. Transfer of cases. 
10. Offences and Procedure. 
11. Bar of jurisdiction and reference to arbitration. 
11-A. Presumption as to orders. 
12. Burden of proof in certain cases. 
13. Protection of action taken under the Act. 
14. Repeal. 
 
 
 
TEXT 
1
THE 
2
[PUNJAB] FOODSTUFFS (CONTROL) ACT, 1958 
(XX of 1958) 
[23 April 1958] 
An 
Act 
to provide for the continuance of powers to control the supply and distribution of, and 
trade and commerce in foodstuffs. 
Preamble.– WHEREAS it is expedient in the public interest to provide for the 
continuance of powers to control the supply, distribution and movement of, and trade 
and commerce in, foodstuffs in 
3
[the Punjab]; 
 It is hereby enacted as follows:– 
1. Short title, extent and commencement .– (1) This Act may be called the 
4
[Punjab] Foodstuffs (Control) Act, 1958. 
 
5
[(2) It extends to the whole of 
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[the Punjab],
 
 except the Tribal Areas.] 
 (3) It shall come into force at once. 
2. Definitions.– In this Act, unles s there is anything repugnant in the subject or 
context:– 
 (a) “foodstuff” means any of the following classes of commodities:– 
(i) wheat, wheat atta, maida, rawa and suji; 
(ii) rice and paddy; 
(iii) sugar; and 
(iv) such other commodity or class of commodit ies as may be 
declared and notified by the Government to be foodstuffs for the 
purposes of this Act; 
(b) “Government” means the 
7
[Provincial Government of the Punjab]; and 
                                                           
1For Statement of Objects and Reasons, see Gazette of West Pakistan (Extraordinary), dated March 9, 1957, pp. 412-413. This 
Act was passed by the West Pakistan Assembly on March 31, 1958; assented to by the Governor of West Pakistan on April 17, 
1958; published in the West Pakistan Gazette (Extraordinary), dated April 23, 1958, pp. 623-627. 
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974), published in the Punjab 
Gazette (Extraordinary), dated November, 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Entry No. 9. 
3Ibid. 
4Ibid. 
5Substituted by the West Pakistan Foodstuffs (Control) (Amendment) Ordinance, 1963 (VIII of 1963), published in the Gazette 
of West Pakistan (Extraordinary), dated May 7, 1963, pp. 2027-2028, s. 2. 
6Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974), published in the Punjab 
Gazette (Extraordinary), dated November, 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Entry No. 9. 
7Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974), published 
in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with Schedule, Entry 
No. 9. 
(c) “notified order” means an order notified in the Official Gazette. 
3. Powers to c ontrol supply, distribution, etc., of foodstuffs .– (1) The 
Government, so far as it appears to it to be necessary or expedient for maintaining 
supplies of any foodstuff s or for securing its equitable distribution and availability at 
fair prices, may, by no tified order, provide for regulating or prohibiting the keeping, 
storage, movement, transport, supply distribution, disposal, acquisition, use or 
consumption thereof and trade and commerce therein. 
 (2) Without prejudice to the generality of the powers con ferred by sub –
section (1) an order made thereunder may provide:– 
(a) for regulating by licences, permits or otherwise the manufacture of any 
article of food from any foodstuffs; 
(b) for controlling the prices at which any foodstuffs may be bought or sold; 
(c) for regulating by licences, permits or otherwise, the storage, transport, 
distribution, disposal, acquisition, use or consumption of any foodstuff; 
(d) for prohibiting the withholding from sale of any foodstuff ordinarily kept 
for sale; 
(e) for requiring any person holding stock of any foodstuff to sell the whole 
or a specified part of the stock to such persons or class of persons or in 
such circumstances as may be specified in the order; 
(f) for regulating or prohibiting any class of commercial or fina ncial 
transactions relating to any foodstuff which, in the opinion of the 
authority making the order is, or is likely to be, detrimental to public 
interest;  
1
[(ff) for levying fees or charges to meet the expenses incurred by 
Government on the administration of this Act;] 
(g) for collecting any information or statistics with a view to regulating or 
prohibiting any of the aforesaid matters; 
(h) for requiring persons engaged in the supply or distribution of, or trad e 
or commerce in, any foodstuff s, 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; and 
(i) 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 t o be 
committed, or any records connected therewith, the grant or issue of 
licences, permits or other documents, and the charging of fees 
therefor. 
                                                           
1Added by the West Pakistan Foodstuffs (Control) (Punjab Amendment and Validation) Ordinance, 1971 (XXVII of 1971), 
published in the Punjab Gazette (Extraordinary), dated December 13, 1971, pp. 1571-C-1571-D, s. 2. 
4. Delegation of powers .– The Government may, by notified order, direct that 
the power to make orders under s ection 3 shall, in relation to such matters and 
subject to such conditions, if any, as may be specified in the direction, be exercisable 
also by an officer or authority subordinate to the Government. 
5. Effect of orders inconsistent with other enactment .– 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. Penalties.– (1) If any person contravenes any order made under section 3, he 
shall be punished with imprisonment for a term which may extend to three years, or 
with fine, or with both and, if the order so provides, any 
1
[Court or Tribunal]  trying 
such contravention shall direct tha t any property in respect of which the 
2
[Court or 
Tribunal] is satisfied that the order has been contravened shall be forfeited to the 
Government, unless for reasons to be recorded in writing, it is of the opinion that the 
direction should not be made in r espect of the whole, or as the case may be, a part 
of the property. 
 (2) The owner of any vessel, conveyance or animal carrying any property 
in respect of which an order under section 3 is contravened, shall, if the carrying is 
part of the transaction invo lving the contravention and if he knew or had reason to 
believe that the contravention was being committed, be deemed to have 
contravened the order, and, in addition to the punishment to which he is liable under 
sub-section (1), the vessel, conveyance, or animal shall when the order provides for 
forfeiture of the property in respect of which the order is contravened, be forfeited to 
the Government. 
 (3) If any person to whom a direction is given under sub -section (3) of 
section 3 fails to comply with the di rection, he shall be punished with imprisonment 
for a term which may extend to three years, or with fine, or with both. 
7. Attempts and abetments.– Any person who attempts to contravene, or abets 
the contravention of any order made under section 3 shall be  deemed to have 
contravened that order. 
8. Offences by Corporation.– If the person contravening an order made under 
section 3 is a company or other body corporate, every director, manager, secretary 
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. 
9. False statements.– If any person– 
(i) when required by an order made under secti on 3 to make any 
statement or furnish any information, makes any statement or furnishes 
any information which is false in any material particular and which he 
                                                           
1Substituted for the word “Court” by the West Pakistan Foodstuffs (Control) (Punjab Second Amendment) Act, 1975 (XLVIII of 
1975), published in the Punjab Gazette (Extraordinary), dated July 19, 1975, pp. 995-C-995-F, s. 2.  
2Ibid.  
knows or has reasonable cause to believe to be false, or does not 
believe to be true, or 
(ii) makes any such sta tement 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 punished with imprisonment for a term which may extend to three 
years or with fine or with both. 
1
[9-A. Trials by Tribunal .– All offences punishable under this Act shall be 
exclusively triable by a Tribunal constituted under this Act.  
9-B. Constitution of Tribunals .– (1) Government may, by notification in the 
official Gazette, con stitute, for the whole or any part of the Province of the Punjab 
one or more Tribunals consisting of a person who–  
(a) has to his credit, five years practice as an Advocate; or  
(b) has, for a total period of not less than three years exercised, whether 
continuously or not, the powers of a First Class Magistrate under the 
Code of Criminal Procedure, 1898; or  
(c) is and has for a period of not less than ten years been in the service of 
Pakistan and is a law graduate.  
 (2) A Tribunal shall sit at such plac e as the Government may, by 
notification in the official Gazette, specify in this behalf.  
9-C. Powers of Tribunals.– A Tribunal may pass any sentence and exercise all or 
any of the powers which a Magistrate of the First Class empowered under section 30 
of the Code of Criminal Procedure, 1898, may pass or exercise under the said Code.  
9-D. Appeal.– (1) A person sentenced by a Tribunal shall have a right of appeal to 
the Court of Sessions having jurisdiction in the area, within thirty days of the passing 
of the sentence.  
 (2) Save as provided in sub -section (1), no court shall have authority to 
revise such sentence, or to transfer any case from a Tribunal or to make order under 
section 426, 491 or 498 of the C ode of Criminal Procedure, 1898 or have jurisdiction 
of any kind in respect of any proceeding of a Tribunal. 
9-E. Transfer of cases.– All cases regarding any matter within the jurisdiction of a 
Tribunal pending trial in any court immediately before the constitution of a Tribunal 
under this Act, shall stand transferred to such Tribunal.] 
2
[10. Offences and Procedure .– (1) Offences under this Act shall be cognizable 
and non-bailable. 
                                                           
1Added the sections 9-A, 9-B, 9-C, 9-D and 9 -E by the West Pakistan Foodstuffs (Control) (Punjab Second Amendment) Act, 
1975 (XLVIII of 1975), published in the Punjab Gazette (Extraordinary), dated July 19, 1975, pp. 995-C-995-F, s. 3. 
2Substituted by the West Pakistan Foodstuffs (Control) (Punjab Amendment) Act, 1975 (XX XVI of 1975) , published in the 
Punjab Gazette (Extraordinary), dated June 24, 1975, pp. 922-C-922-D, s. 2. 
 (2) The procedure for the trial of offences under this Act shall be the same 
as is laid down in the Code of Criminal Procedure, 1898, for summary trials[:]
1
 
 
2
[Provided that whenever a Tribunal considers it desirable, it may follow the 
procedure laid down in the Code of Criminal Procedure, 1898, for the trial of 
Summons Cases by Magistrates.] 
3
[11. Bar of jurisdiction and refe rence to arbitration .–] (1) No order made in 
exercise of any power conferred by or under this Act shall be called in question in 
any Court. 
 
4
[(2) Save any order passed by a Tribunal under Section 9-C of this Act, any 
person aggrieved by an order made in e xercise of any power conferred by or under 
this Act, may by an application in writing, within 30 days of the passing of the order, 
refer the matter to the arbitration of a sole arbitrator appointed by the Government. 
 (3) The Government shall soon after th e enforcement of these  provisions, 
appoint one or more Arbitrators for all cases or different Arbitrators for different 
classes of cases under this Act. 
 (4) All suits, appeals or applications regarding matters to which this Act 
applies, pending in any Cou rt, except an appeal against the order of a Tribunal 
preferred to the Court of Sessions under Section 9-D of this Act, shall abate. 
 (5) A reference to Arbitration under sub -section (2) in respect of such 
orders as were subject -matter of a suit, appeal or application which abated under 
sub-section (4), may be made to an Arbitrator within 30 days of the enforcement of 
these provisions.] 
5
[11-A. Presumption as to orders .– 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 presume within the meaning of the Evidence Act, 1872, that such order 
was so made by that authority.] 
12. 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. 
13. 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. 
                                                           
1Substituted for the full-stop by the West Pakistan Foodstuffs (Control) (Punjab Second Amendment) Act, 1975 (XLVIII of 
1975), published in the Punjab Gazette (Extraordinary), dated 19.7.1975, pp. 995-C-995-F, s. 4. 
2Added by the Act ibid. 
3Substituted for the marginal note “Presumption as to Orders” by the Act ibid., s. 5(i). 
4Added by the Act ibid., s. 5(iii). 
5Added by the West Pakistan Foodstuffs ( Control) (Punjab Second Amendment) Act, 1975 (X LVIII of 1975), published in the 
Punjab Gazette (Extraordinary), dated July 19, 1975, pp. 995-C-995-F, s. 5(ii).  
 (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. 
14. Repeal.– The following enactments are hereby repealed, namely:– 
(1) The Bahawalpur Foodgrains Control Act, 1947. 
(2) The Bahawalpur Control of Essential Supplies Commodities Act, 1948
1
. 
(3) The West Pakistan Foodstuffs (Control) Ordinance, 1957
2
. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1Bwp. III of 1948.  
2W.P. Ord. XI of 1957.