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  "title": "PUNJAB FOODSTUFFS (CONTROL) ACT, 1958",
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  "text": "THE PUNJAB FOODSTUFFS (CONTROL) ACT, 1958 \r\n(XX of 1958) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Powers to control supply, distribution, etc., of foodstuffs. \r\n4. Delegation of powers. \r\n5. Effect of orders inconsistent with other enactment. \r\n6. Penalties. \r\n7. Attempts and abetments. \r\n8. Offences by Corporation. \r\n9. False statements. \r\n9-A. Trials by Tribunal. \r\n9-B. Constitution of Tribunals. \r\n9-C. Powers of Tribunals. \r\n9-D. Appeal. \r\n9-E. Transfer of cases. \r\n10. Offences and Procedure. \r\n11. Bar of jurisdiction and reference to arbitration. \r\n11-A. Presumption as to orders. \r\n12. Burden of proof in certain cases. \r\n13. Protection of action taken under the Act. \r\n14. Repeal. \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] FOODSTUFFS (CONTROL) ACT, 1958 \r\n(XX of 1958) \r\n[23 April 1958] \r\nAn \r\nAct \r\nto provide for the continuance of powers to control the supply and distribution of, and \r\ntrade and commerce in foodstuffs. \r\nPreamble.– WHEREAS it is expedient in the public interest to provide for the \r\ncontinuance of powers to control the supply, distribution and movement of, and trade \r\nand commerce in, foodstuffs in \r\n3\r\n[the Punjab]; \r\n It is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\n4\r\n[Punjab] Foodstuffs (Control) Act, 1958. \r\n \r\n5\r\n[(2) It extends to the whole of \r\n6\r\n[the Punjab],\r\n \r\n except the Tribal Areas.] \r\n (3) It shall come into force at once. \r\n2. Definitions.– In this Act, unles s there is anything repugnant in the subject or \r\ncontext:– \r\n (a) “foodstuff” means any of the following classes of commodities:– \r\n(i) wheat, wheat atta, maida, rawa and suji; \r\n(ii) rice and paddy; \r\n(iii) sugar; and \r\n(iv) such other commodity or class of commodit ies as may be \r\ndeclared and notified by the Government to be foodstuffs for the \r\npurposes of this Act; \r\n(b) “Government” means the \r\n7\r\n[Provincial Government of the Punjab]; and \r\n                                                           \r\n1For Statement of Objects and Reasons, see Gazette of West Pakistan (Extraordinary), dated March 9, 1957, pp. 412-413. This \r\nAct was passed by the West Pakistan Assembly on March 31, 1958; assented to by the Governor of West Pakistan on April 17, \r\n1958; published in the West Pakistan Gazette (Extraordinary), dated April 23, 1958, pp. 623-627. \r\n2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974), published in the Punjab \r\nGazette (Extraordinary), dated November, 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Entry No. 9. \r\n3Ibid. \r\n4Ibid. \r\n5Substituted by the West Pakistan Foodstuffs (Control) (Amendment) Ordinance, 1963 (VIII of 1963), published in the Gazette \r\nof West Pakistan (Extraordinary), dated May 7, 1963, pp. 2027-2028, s. 2. \r\n6Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974), published in the Punjab \r\nGazette (Extraordinary), dated November, 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Entry No. 9. \r\n7Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974), published \r\nin the Punjab Gazette (Extraordinary), dated November 20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with Schedule, Entry \r\nNo. 9. \r\n(c) “notified order” means an order notified in the Official Gazette. \r\n3. Powers to c ontrol supply, distribution, etc., of foodstuffs .– (1) The \r\nGovernment, so far as it appears to it to be necessary or expedient for maintaining \r\nsupplies of any foodstuff s or for securing its equitable distribution and availability at \r\nfair prices, may, by no tified order, provide for regulating or prohibiting the keeping, \r\nstorage, movement, transport, supply distribution, disposal, acquisition, use or \r\nconsumption thereof and trade and commerce therein. \r\n (2) Without prejudice to the generality of the powers con ferred by sub –\r\nsection (1) an order made thereunder may provide:– \r\n(a) for regulating by licences, permits or otherwise the manufacture of any \r\narticle of food from any foodstuffs; \r\n(b) for controlling the prices at which any foodstuffs may be bought or sold; \r\n(c) for regulating by licences, permits or otherwise, the storage, transport, \r\ndistribution, disposal, acquisition, use or consumption of any foodstuff; \r\n(d) for prohibiting the withholding from sale of any foodstuff ordinarily kept \r\nfor sale; \r\n(e) for requiring any person holding stock of any foodstuff to sell the whole \r\nor a specified part of the stock to such persons or class of persons or in \r\nsuch circumstances as may be specified in the order; \r\n(f) for regulating or prohibiting any class of commercial or fina ncial \r\ntransactions relating to any foodstuff which, in the opinion of the \r\nauthority making the order is, or is likely to be, detrimental to public \r\ninterest;  \r\n1\r\n[(ff) for levying fees or charges to meet the expenses incurred by \r\nGovernment on the administration of this Act;] \r\n(g) for collecting any information or statistics with a view to regulating or \r\nprohibiting any of the aforesaid matters; \r\n(h) for requiring persons engaged in the supply or distribution of, or trad e \r\nor commerce in, any foodstuff s, to maintain and produce for inspection \r\nsuch books, accounts and records relating to their business and to \r\nfurnish such information relating thereto as may be specified in the \r\norder; and \r\n(i) for any incidental and supplementary matters including, in particular, \r\nthe entering and search of premises, vehicles, vessels and aircraft, the \r\nseizure by a person authorised to make such search of any articles in \r\nrespect of which such person has reason to believe that a \r\ncontravention of the order has been, is being, or is about t o be \r\ncommitted, or any records connected therewith, the grant or issue of \r\nlicences, permits or other documents, and the charging of fees \r\ntherefor. \r\n                                                           \r\n1Added by the West Pakistan Foodstuffs (Control) (Punjab Amendment and Validation) Ordinance, 1971 (XXVII of 1971), \r\npublished in the Punjab Gazette (Extraordinary), dated December 13, 1971, pp. 1571-C-1571-D, s. 2. \r\n4. Delegation of powers .– The Government may, by notified order, direct that \r\nthe power to make orders under s ection 3 shall, in relation to such matters and \r\nsubject to such conditions, if any, as may be specified in the direction, be exercisable \r\nalso by an officer or authority subordinate to the Government. \r\n5. Effect of orders inconsistent with other enactment .– Any order made \r\nunder section 3 shall have effect notwithstanding anything inconsistent therewith \r\ncontained in any enactment, other than this Act, or any instrument having effect by \r\nvirtue of any enactment, other than this Act. \r\n6. Penalties.– (1) If any person contravenes any order made under section 3, he \r\nshall be punished with imprisonment for a term which may extend to three years, or \r\nwith fine, or with both and, if the order so provides, any \r\n1\r\n[Court or Tribunal]  trying \r\nsuch contravention shall direct tha t any property in respect of which the \r\n2\r\n[Court or \r\nTribunal] is satisfied that the order has been contravened shall be forfeited to the \r\nGovernment, unless for reasons to be recorded in writing, it is of the opinion that the \r\ndirection should not be made in r espect of the whole, or as the case may be, a part \r\nof the property. \r\n (2) The owner of any vessel, conveyance or animal carrying any property \r\nin respect of which an order under section 3 is contravened, shall, if the carrying is \r\npart of the transaction invo lving the contravention and if he knew or had reason to \r\nbelieve that the contravention was being committed, be deemed to have \r\ncontravened the order, and, in addition to the punishment to which he is liable under \r\nsub-section (1), the vessel, conveyance, or animal shall when the order provides for \r\nforfeiture of the property in respect of which the order is contravened, be forfeited to \r\nthe Government. \r\n (3) If any person to whom a direction is given under sub -section (3) of \r\nsection 3 fails to comply with the di rection, he shall be punished with imprisonment \r\nfor a term which may extend to three years, or with fine, or with both. \r\n7. Attempts and abetments.– Any person who attempts to contravene, or abets \r\nthe contravention of any order made under section 3 shall be  deemed to have \r\ncontravened that order. \r\n8. Offences by Corporation.– If the person contravening an order made under \r\nsection 3 is a company or other body corporate, every director, manager, secretary \r\nor other officer or agent thereof shall, unless he proves  that the contravention took \r\nplace without his knowledge or that he exercised all due diligence to prevent such \r\ncontravention, be deemed to be guilty of such contravention. \r\n9. False statements.– If any person– \r\n(i) when required by an order made under secti on 3 to make any \r\nstatement or furnish any information, makes any statement or furnishes \r\nany information which is false in any material particular and which he \r\n                                                           \r\n1Substituted for the word “Court” by the West Pakistan Foodstuffs (Control) (Punjab Second Amendment) Act, 1975 (XLVIII of \r\n1975), published in the Punjab Gazette (Extraordinary), dated July 19, 1975, pp. 995-C-995-F, s. 2.  \r\n2Ibid.  \r\nknows or has reasonable cause to believe to be false, or does not \r\nbelieve to be true, or \r\n(ii) makes any such sta tement as aforesaid in any book , account, record, \r\ndeclaration, return or other document which he is required by any such \r\norder to maintain or furnish,  \r\nhe shall be punished with imprisonment for a term which may extend to three \r\nyears or with fine or with both. \r\n1\r\n[9-A. Trials by Tribunal .– All offences punishable under this Act shall be \r\nexclusively triable by a Tribunal constituted under this Act.  \r\n9-B. Constitution of Tribunals .– (1) Government may, by notification in the \r\nofficial Gazette, con stitute, for the whole or any part of the Province of the Punjab \r\none or more Tribunals consisting of a person who–  \r\n(a) has to his credit, five years practice as an Advocate; or  \r\n(b) has, for a total period of not less than three years exercised, whether \r\ncontinuously or not, the powers of a First Class Magistrate under the \r\nCode of Criminal Procedure, 1898; or  \r\n(c) is and has for a period of not less than ten years been in the service of \r\nPakistan and is a law graduate.  \r\n (2) A Tribunal shall sit at such plac e as the Government may, by \r\nnotification in the official Gazette, specify in this behalf.  \r\n9-C. Powers of Tribunals.– A Tribunal may pass any sentence and exercise all or \r\nany of the powers which a Magistrate of the First Class empowered under section 30 \r\nof the Code of Criminal Procedure, 1898, may pass or exercise under the said Code.  \r\n9-D. Appeal.– (1) A person sentenced by a Tribunal shall have a right of appeal to \r\nthe Court of Sessions having jurisdiction in the area, within thirty days of the passing \r\nof the sentence.  \r\n (2) Save as provided in sub -section (1), no court shall have authority to \r\nrevise such sentence, or to transfer any case from a Tribunal or to make order under \r\nsection 426, 491 or 498 of the C ode of Criminal Procedure, 1898 or have jurisdiction \r\nof any kind in respect of any proceeding of a Tribunal. \r\n9-E. Transfer of cases.– All cases regarding any matter within the jurisdiction of a \r\nTribunal pending trial in any court immediately before the constitution of a Tribunal \r\nunder this Act, shall stand transferred to such Tribunal.] \r\n2\r\n[10. Offences and Procedure .– (1) Offences under this Act shall be cognizable \r\nand non-bailable. \r\n                                                           \r\n1Added the sections 9-A, 9-B, 9-C, 9-D and 9 -E by the West Pakistan Foodstuffs (Control) (Punjab Second Amendment) Act, \r\n1975 (XLVIII of 1975), published in the Punjab Gazette (Extraordinary), dated July 19, 1975, pp. 995-C-995-F, s. 3. \r\n2Substituted by the West Pakistan Foodstuffs (Control) (Punjab Amendment) Act, 1975 (XX XVI of 1975) , published in the \r\nPunjab Gazette (Extraordinary), dated June 24, 1975, pp. 922-C-922-D, s. 2. \r\n (2) The procedure for the trial of offences under this Act shall be the same \r\nas is laid down in the Code of Criminal Procedure, 1898, for summary trials[:]\r\n1\r\n \r\n \r\n2\r\n[Provided that whenever a Tribunal considers it desirable, it may follow the \r\nprocedure laid down in the Code of Criminal Procedure, 1898, for the trial of \r\nSummons Cases by Magistrates.] \r\n3\r\n[11. Bar of jurisdiction and refe rence to arbitration .–] (1) No order made in \r\nexercise of any power conferred by or under this Act shall be called in question in \r\nany Court. \r\n \r\n4\r\n[(2) Save any order passed by a Tribunal under Section 9-C of this Act, any \r\nperson aggrieved by an order made in e xercise of any power conferred by or under \r\nthis Act, may by an application in writing, within 30 days of the passing of the order, \r\nrefer the matter to the arbitration of a sole arbitrator appointed by the Government. \r\n (3) The Government shall soon after th e enforcement of these  provisions, \r\nappoint one or more Arbitrators for all cases or different Arbitrators for different \r\nclasses of cases under this Act. \r\n (4) All suits, appeals or applications regarding matters to which this Act \r\napplies, pending in any Cou rt, except an appeal against the order of a Tribunal \r\npreferred to the Court of Sessions under Section 9-D of this Act, shall abate. \r\n (5) A reference to Arbitration under sub -section (2) in respect of such \r\norders as were subject -matter of a suit, appeal or application which abated under \r\nsub-section (4), may be made to an Arbitrator within 30 days of the enforcement of \r\nthese provisions.] \r\n5\r\n[11-A. Presumption as to orders .– Where an order purports to have been made \r\nand signed by an authority in exercise of any power conferred by or under this Act, a \r\nCourt shall presume within the meaning of the Evidence Act, 1872, that such order \r\nwas so made by that authority.] \r\n12. Burden of proof in certain cases .– Where any person is prosecuted for \r\ncontravening any order made under section 3 which prohibits him from doing an act \r\nor being in possession of a thing without lawful authority or without a permit, licence \r\nor other document, the burden of proving that he has such authority, permit, licence \r\nor other document, shall be on him. \r\n13. Protection of action taken under the Act .– (1) No suit, prosecution or other \r\nlegal proceeding shall lie against any person for anything which is, in good faith, \r\ndone or intended to be done in pursuance of any order made under section 3. \r\n                                                           \r\n1Substituted for the full-stop by the West Pakistan Foodstuffs (Control) (Punjab Second Amendment) Act, 1975 (XLVIII of \r\n1975), published in the Punjab Gazette (Extraordinary), dated 19.7.1975, pp. 995-C-995-F, s. 4. \r\n2Added by the Act ibid. \r\n3Substituted for the marginal note “Presumption as to Orders” by the Act ibid., s. 5(i). \r\n4Added by the Act ibid., s. 5(iii). \r\n5Added by the West Pakistan Foodstuffs ( Control) (Punjab Second Amendment) Act, 1975 (X LVIII of 1975), published in the \r\nPunjab Gazette (Extraordinary), dated July 19, 1975, pp. 995-C-995-F, s. 5(ii).  \r\n (2) No suit or other legal proceeding shall lie against the Government for \r\nany damage caused or likely to be caused by anything which is, in good faith, done \r\nor intended to be done in pursuance of any order made under section 3. \r\n14. Repeal.– The following enactments are hereby repealed, namely:– \r\n(1) The Bahawalpur Foodgrains Control Act, 1947. \r\n(2) The Bahawalpur Control of Essential Supplies Commodities Act, 1948\r\n1\r\n. \r\n(3) The West Pakistan Foodstuffs (Control) Ordinance, 1957\r\n2\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\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\n1Bwp. III of 1948.  \r\n2W.P. Ord. XI of 1957.",
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