PRICE CONTROL AND PREVENTION OF PROFITEERING AND HOARDING ACT, 1977

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PRICE CONTROL AND PREVENTION OF PROFITEERING 
AND HOARDING ACT, 1977 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Powers to make order, etc 
4. Delegation of Powers 
5. Effect of Orders in consistent with other enactments 
6. Fixation of Prices 
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 
TEXT 
PRICE CONTROL AND PREVENTION OF PROFITEERING AND HOARDING 
ACT, 1977 
[25th May, 1977] 
An 
Act 
to provide for price control and prevention of profiteering and hoarding. 
Preamble.– 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 authorized 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 person engaged in the manufacture or production of 
any essential commodity. 
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 distributio n 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 subsection 
(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 withho lding 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 price, 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 regula ting 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 sale prices and to exhibit on his premises a price list 
of the essential commodities held by him for sale; and 
(j) 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 to be committed, or any records 
connected therewith, the grant or issue of licences, permits or other 
documents and the charging of fees therefore. 
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 such 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 enactment s.– 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 then 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 fixe d 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. 
(2A) Every Dealer, importer or producer of an essent ial commodity the 
maximum price of which is not for the time being. Fixed by a notification issued under 
sub section (I) shall, if so required by the Controller General by an order in writing or by 
a notified order, informed the Controller General by notice in writing forwarded to him by 
registered post acknowledgment due to his intention to raise the price of the essential 
commodity and shall not raise the price– 
(a) Before the expiration of 30 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 which the 
price of the essential commodi ty is proposed to be raised and the reasons therefore 
shall be a companied by the latest annual audited accounts of the  dealers, importers or 
producer. 
(3) Every dealer, importer, or producer shall supply to the Controller -General 
such information regarding to  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. 
7. Penalties.– (1) Any person who contravenes any order made unde r 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 punis hable under this 
subsection 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 pr operty in respect of which the Court is 
satisfied that the order has been c ontravened shall be forfeited by  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 commodit y for his personal 
consumption or use and not for sale 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 corporate or a partnership or other body of 
individuals, every director, manager, secretary, member or other officer o r 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 Statement.– 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 which 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 furnish, he shall be punishable with imprisonment for a 
term which may extend to three years or with fine, or whit both. 
11. Power to try offences summarily.– Offences punishable under this Act shall be 
tried by a Magistrate of the First Class who , may, if so empowered, try the same in the 
manner provided in sections 262 to 265 of the  Code of Criminal Procedure, 1898 (Act v 
of 1898). 
12. Power to amend Schedule .– The Federal Government may by notification in 
the official Gazette, amend the schedule so as to add to, or omit from it any commodity 
or class of commodities. 
13. Presumption as to or der.– (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 conf erred by or under this Act, a Court shall, within the meaning 
of the Evidence Act, 1872 (1 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 un der 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 fait h 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.– The Essential Commodities Act, 1957  is hereby repealed. 
SCHEDULE 
(See section 2) 
1. Tea 
2. White sugar 
3. Milk 
4. Powdered Milk 
5. Milk food for infants. 
6. Edible Oils, hydrogenated or otherwise 
7. Aerated water , fruit juices and squashes 
8. Salt. 
9. Potatoes. 
10. Onion. 
11. Pulses all sorts. 
12. Fish all sorts. 
13. Beef. 
14. Mutton. 
15. Eggs. 
16. Gur. 
17. Spices and vegetable. 
18. Red Chilies. 
19. Drugs and Medicines. 
20. Kerosene Oil. 
21. Charcoal. 
22. Firewood. 
23. Matches 40/50 sticks. 
24. Coal. 
25. Chemical Fertilizers all sorts 
26. Poultry Food. 
27. Bricks. 
28. Cement. 
29. Phutti (seed cotton). 
30. Cotton (Lint). 
31. Cotton Seed all sorts. 
32. Wool, shoddy or raw. 
33. Caustic Soda. 
34. Soda Ash. 
35. Paddy. 
36. Ice. 
37. Pesticides. 
38. Meat on Hoof 
2. The Officers specified below are authorized to exercise t he power of the 
Controller General of prices and supplies under clause a sub section (2) of 
section 3 of said Act, in so fo r as these relate to items mentioned at serial 
numbers 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,21,22,23,24,25,26 & 27, of 
the schedule to that Act, and under clauses (d), (f), (g) and (I) of the said sub 
section 2 in respect of all items mentioned in that schedule, namely:– 
1. Secretary Industries Department, Governm ent of (i) the Punjab, (ii)  
Sindh, (iii) Baluchistan and North-West Frontier Province.  
2. Director of Industries, Government of (i) the Punjab, (ii)      Sindh, 
(iii) Baluchistan and North-West Frontier Province. 
3. All District Coordination Officers. 
 
1. Substituted by S.R.O (No.1 (7)/2005-CA Vol-III) Dated 12 June 2006 
2. Inserted by S.R.O F.No.1(7)2005-CA Vol-III) Dated 14 September 2006