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  "title": "PRICE CONTROL AND PREVENTION OF PROFITEERING AND HOARDING ACT, 1977",
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  "text": "PRICE CONTROL AND PREVENTION OF PROFITEERING \r\nAND HOARDING ACT, 1977 \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Powers to make order, etc \r\n4. Delegation of Powers \r\n5. Effect of Orders in consistent with other enactments \r\n6. Fixation of Prices \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\nTEXT \r\nPRICE CONTROL AND PREVENTION OF PROFITEERING AND HOARDING \r\nACT, 1977 \r\n[25th May, 1977] \r\nAn \r\nAct \r\nto provide for price control and prevention of profiteering and hoarding. \r\nPreamble.– Whereas it is expedient to provide for price control and prevention of \r\nprofiteering and hoarding; It is hereby enacted as follows:- \r\n1. Short title, extent and commencement .– (1) This Act may be called the Price \r\nControl and Prevention of Profiteering and Hoarding Act, 1977. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(a) \"Controller- General\" means the Controller-General of Prices and Supplies \r\nappointed by the Federal Government, and includes any Deputy or \r\nAssistant Controller-General of Prices and Supplies so appointed, and any \r\nother officer authorized by the Federal Government to exercise all or any \r\nof the powers of the Controller-General under this Act; \r\n(b) \"dealer\" means a person carrying on, whether in conjunction with any \r\nother business or not, the business of selling any essential commodity, \r\nwhether wholesale 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 \r\nimport licence granted by the Federal Government or otherwise, any \r\nEssential commodity from outside Pakistan, but does not include a person \r\nimporting any essential 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 person engaged in the manufacture or production of \r\nany essential commodity. \r\n3. Powers to make orders, etc.– (1) The Federal Government, so far as it appears \r\nto it to be necessary or expedient for securing equitable distributio n of an essential \r\ncommodity and its availability at fair prices, may, by notified order, provide for regulating \r\nthe prices, production, movement, transport, supply, distribution, disposal and sale of \r\nthe essential commodity and for the price to be charged or paid for it at any stage of \r\ntransaction therein. \r\n(2) Without prejudice to the generality of the powers conferred by subsection \r\n(1), an order made thereunder may provide- \r\n(a) for controlling the prices at which any essential commodity may be bought \r\nor sold in any area; \r\n(b) for regulating the production, treatment and keeping of any essential \r\ncommodity; \r\n(c) for regulating, by licences, permits or otherwise, the transport, movement \r\nand distribution between the Provinces of an essential commodity; \r\n(d) for prohibiting the withho lding of sale of an essential commodity ordinarily \r\nkept for sale; \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 price, to such persons or class of persons and under such \r\nconditions as may be specified in the order; \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(g) for collecting any information or statistics with a view to regula ting or \r\nprohibiting any of the matters aforesaid; \r\n(h) for requiring persons engaged in any of the matters aforesaid in respect of \r\nany essential commodity to maintain and produce for inspection such \r\nbooks, accounts and records relating to their business and to furnish such \r\ninformation relating thereto, as may be specified in the order; \r\n(i) for requiring every importer, producer and dealer to mark the essential \r\ncommodities with the sale prices and to exhibit on his premises a price list \r\nof the essential commodities held by him for sale; and \r\n(j) for any incidental and supplementary matters, including in particular the \r\nentering 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 contravention of \r\nthe order has been, is being or is about to be committed, or any records \r\nconnected therewith, the grant or issue of licences, permits or other \r\ndocuments and the charging of fees therefore. \r\n4. Delegation of powers .– The Federal Government may, by notified order direct \r\nthat any power conferred on it by or under this Act 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- \r\n(a) such officer or authority subordinate to the Federal Government , or \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\n5. Effect of orders inconsistent with other enactment s.– Any order made under \r\nsection 3 shall have effect notwithstanding anything inconsistent therewith contained in \r\nany enactment other than this Act or any instrument having effect by virtue of any \r\nenactment other then this Act. \r\n6. Fixation of prices .– (1) Subject to such general or special orders as may be \r\nmade by the Federal Government under section 3, the Controller. General may, by \r\n.notification in the official Gazette, fix specific maximum prices of essential commodities \r\nand different prices may be fixe d for different localities or for different classes or \r\ncategories of any essential commodities. \r\n(2) No person shall sell or re -sell any essential commodity at a, price higher \r\nthan the maximum price so fixed. \r\n(2A) Every Dealer, importer or producer of an essent ial commodity the \r\nmaximum price of which is not for the time being. Fixed by a notification issued under \r\nsub section (I) shall, if so required by the Controller General by an order in writing or by \r\na notified order, informed the Controller General by notice in writing forwarded to him by \r\nregistered post acknowledgment due to his intention to raise the price of the essential \r\ncommodity and shall not raise the price– \r\n(a) Before the expiration of 30 days from the day on which the notice is \r\nreceived by the Controller General; or  \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(2B) A notice under sub section (2A) shall specify the amount by which the \r\nprice of the essential commodi ty is proposed to be raised and the reasons therefore \r\nshall be a companied by the latest annual audited accounts of the  dealers, importers or \r\nproducer. \r\n(3) Every dealer, importer, or producer shall supply to the Controller -General \r\nsuch information regarding to  the production, importation, purchase, stock, sale or \r\ndistribution of any of the essential commodities as the Controller -General may, by an \r\norder in writing or by a notified order, require. \r\n7. Penalties.– (1) Any person who contravenes any order made unde r section 3 or \r\na notification issued, or order made under section 6 shall be punishable with \r\nimprisonment for a term which may extend to three years and with fine which may \r\nextend to one lac rupees; \r\nProvided that, if a person convicted for an offence punis hable under this \r\nsubsection is again convicted for such offence, the term of imprisonment awarded to \r\nhim shall not be less than one year. \r\n(2) If the order made under section 3 so provides, any Court trying any \r\ncontravention of such order may direct that any pr operty in respect of which the Court is \r\nsatisfied that the order has been c ontravened shall be forfeited by  the Federal \r\nGovernment. \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 \r\nthe order; \r\nProvided that a person who buys an essential commodit y for his personal \r\nconsumption or use and not for sale not be deemed to have abetted the contravention \r\nof an order controlling the price at which the essential commodity may be sold. \r\n9. Offences by corporations .– If the person contravening an order made under \r\nsection 3 is a company or other body corporate or a partnership or other body of \r\nindividuals, every director, manager, secretary, member or other officer o r agent thereof \r\nshall, unless he proves that the contravention took place without his knowledge or that \r\nhe exercised all due diligence to prevent such contravention, be deemed to be guilty of \r\nsuch contravention. \r\n10. False Statement.– If any person– \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 which he knows or has \r\nreasonable cause to believe to be false, or does not believe to be true; or \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 \r\norder to maintain furnish, he shall be punishable with imprisonment for a \r\nterm which may extend to three years or with fine, or whit both. \r\n11. Power to try offences summarily.– Offences punishable under this Act shall be \r\ntried by a Magistrate of the First Class who , may, if so empowered, try the same in the \r\nmanner provided in sections 262 to 265 of the  Code of Criminal Procedure, 1898 (Act v \r\nof 1898). \r\n12. Power to amend Schedule .– The Federal Government may by notification in \r\nthe official Gazette, amend the schedule so as to add to, or omit from it any commodity \r\nor class of commodities. \r\n13. Presumption as to or der.– (1) No order made by any authority other than a \r\nCourt in exercise of any power conferred by or under this Act shall be called in question \r\nin any Court. \r\n(2) Where an order purports to have been made and signed by an authority in \r\nexercise of any power conf erred by or under this Act, a Court shall, within the meaning \r\nof the Evidence Act, 1872 (1 of 1872), presume that such order  was so made by that \r\nauthority. \r\n14. Burden of proof in certain cases .– Where any person is prosecuted for \r\ncontravening any order made un der section 3 which prohibits him from doing an act or \r\nbeing in possession of a thing without lawful authority or without a permit, licence or \r\nother document, the burden of proving that he has such authority, permit, licence or \r\nother document shall be on him. \r\n15. 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 fait h done or \r\nintended to be done in pursuance of any order made under section 3. \r\n(2) No suit or other legal proceeding shall lie against the Government for any \r\ndamage caused or likely to be caused by anything which is in, good faith done or \r\nintended to be done in pursuance of any order made under section 3. \r\n16. Repeal.– The Essential Commodities Act, 1957  is hereby repealed. \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. Charcoal. \r\n22. Firewood. \r\n23. Matches 40/50 sticks. \r\n24. Coal. \r\n25. Chemical Fertilizers all sorts \r\n26. Poultry Food. \r\n27. Bricks. \r\n28. Cement. \r\n29. Phutti (seed cotton). \r\n30. Cotton (Lint). \r\n31. Cotton Seed all sorts. \r\n32. Wool, shoddy or raw. \r\n33. Caustic Soda. \r\n34. Soda Ash. \r\n35. Paddy. \r\n36. Ice. \r\n37. Pesticides. \r\n38. Meat on Hoof \r\n2. The Officers specified below are authorized to exercise t he power of the \r\nController General of prices and supplies under clause a sub section (2) of \r\nsection 3 of said Act, in so fo r as these relate to items mentioned at serial \r\nnumbers 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 \r\nthe schedule to that Act, and under clauses (d), (f), (g) and (I) of the said sub \r\nsection 2 in respect of all items mentioned in that schedule, namely:– \r\n1. Secretary Industries Department, Governm ent of (i) the Punjab, (ii)  \r\nSindh, (iii) Baluchistan and North-West Frontier Province.  \r\n2. Director of Industries, Government of (i) the Punjab, (ii)      Sindh, \r\n(iii) Baluchistan and North-West Frontier Province. \r\n3. All District Coordination Officers. \r\n \r\n1. Substituted by S.R.O (No.1 (7)/2005-CA Vol-III) Dated 12 June 2006 \r\n2. Inserted by S.R.O F.No.1(7)2005-CA Vol-III) Dated 14 September 2006",
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