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Magha 27, 1935, at 06:41:19 PM
The Essential Commodities Act, 1957
ACT No. III of 1957
(For Statement of Objects and Reasons, see Gaz. of P.,
dated the 19th February, 1957, Ext., p. 338.
The
Act has been and shall be deemed to have been brought into force in Gwadur with
effect from the 8th September, 1958, by the Gwadur (Application of Central
Laws) Ordinance, 1960.
(37 of 1960), s. 2.)
[6th March, 1957]
An Act to provide for price control and regulation of trade and commerce
between the Provinces
1. Short title extent and commencement--- (Subs. by Ordinance 4 of 1962,
s 3, for the original sub‑section (1) (with effect from the 7th October,
1958).)[ (1) This Act may be called the Essential Commodities Act, 1957.]
(2)
It extends to the whole of
(3) It shall come into force at once.
2. Definition-----In this Act, unless there is anything repugnant in the
subject or context,‑--
[ (a1) “appropriate Government” means in relation to trade and commerce between
the Provinces, (New clause (a1) ins. by A. O., 1964, Art. 2 and Sch.)the
Central Government and in relation to other matters the Provincial Government;]
(a) “essential commodity” means any of the classes of commodities mentioned in
the Schedule to this Act, and such other classes of commodities as may be
declared by the (Subs. ibid., for “Central Government”.)[appropriate
Government] by notification in the official Gazette to be essential commodities
for the purposes of this Act;
(b) “notified order” means an order notified in the official Gazette[.] (Subs.
by Ordinance 4 of 1962, s. 6, for the semi‑colon (with effect from the
1st July, 1961).)
* * * * * * * * * * *(The original clause (c) omitted by the Essential Supplies
(Amdt.) Ordinance 1962 (4 of 19621, s. 6 (with effect from the 1st July,
1961).)
3. Power to make orders, etc.--- (1) The (Subs. by A. O., 1964, Art. 2
and Sch., for Central Government.”)[appropriate Government], so far as it
appears hers, to it to be necessary or expedient for securing the equitable
distribution of an essential commodity between the Provinces (Ins. by Ordinance
4 of 1962, s.4 (with effect from the 7th October, 1958).)[or between different
areas in a Province] (The original words “or between a Province and the Federal
Territory of Karachi” as amended by the Repealing and Amending Ordinance, 1961
(1 of 1961) have been omitted by Ordinance 4 of 1962, s. 7 (with effect from
the 1st July, 1961).)* * * and availability at fair prices (Ins. by Ordinance 4
of 1962, s.4 (with effect from the 7th October, 1958).)[or for promoting export
thereof], may, by notified orders(For the Rice (Movement Restriction) Order,
1958, see Gaz. of P., 1958, Ext., p. 251, dated the 15th February, 1958.),
provide for regulating the movement, transport and sale of the essential
commodity between the Provinces (Ins. by Ordinance 4 of 1962, s.4 (with effect
from the 7th October, 1958).)[or between different areas in a Province] (The
original words “or between a Province and the Federal Territory of Karachi” as
amended by the Repealing and Amending Ordinance, 1961 (1 of 1961) have been omitted
by Ordinance 4 of 1962, s. 7 (with effect from the 1st July, 1961).)* * * and
for the prices to be charged or paid for it at any stage of transaction
therein.
(2) Without prejudice to the generality of the powers conferred by sub‑section
(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; ( For orders made under this clause, see Gaz. of P., 1958,
Pt. 1, p. 5 ; and ibid., p. 96.)
[(aa) for procuring any essential commodity for purposes of export ;( Ins. by
Ordinance 4 of 1962, s.4 (with effect from the 7th October, 1958).)
(aaa) for regulating, restricting or prohibiting the sale, disposal, transport
and movement at of any essential commodity within a Province or in different
areas in a Province, for purposes of such procurement;]
(b) for regulating by licences, permits or otherwise, the transport, movement
and distribution between the Provinces (Ins. by Ordinance 4 of 1962, s.4 (with
effect from the 7th October, 1958).) [or between different areas in a Province]
(The original words “or between a Province and the Federal Territory of
Karachi” as amended by the Repealing and Amending Ordinance, 1961 (1 of 1961)
have been omitted by Ordinance 4 of 1962, s. 7 (with effect from the 1st July,
1961).)* * * of an essential commodity;
(c) for prohibiting the withholding of sale between the Provinces (Ins. by
Ordinance 4 of 1962, s.4 (with effect from the 7th October, 1958).)[ or between
different areas in a Province] (The original words “or between a Province and
the Federal Territory of Karachi” as amended by the Repealing and Amending
Ordinance, 1961 (1 of 1961) have been omitted by Ordinance 4 of 1962, s. 7
(with effect from the 1st July, 1961).)* * * of an essential commodity
ordinarily kept for sale;
(d) for requiring any person holding stock (The words “in the Federal Territory
of Karachi or”, as amended by Ordinance 1 of 1961, have been omitted by
Ordinance 4 of 1962, s. 7 (with effect from the 1st July, 1961).)* in a
Province of an essential commodity to sell in another Province (Ins. by the
Essential Supplies (Amdt.) Ordinance, 1962 (4 of 1962), s. 4 (with effect from
the 7th October, 1958).) [or in another area of the same Province] (The words
“or in the Federal Territory of Karachi”, as amended by Repealing and Amending
Ordinance, 1961 (1 of 1961), have been omitted by Ordinance 4 of 1962, s. 7
(with effect from the 1st July, 1961).)* * * the whole or specific part of the
stock at such price to such persons or class of persons under such
circumstances as may be specified in the order;
(e) for collecting any information or statistics with a view to regulating or
prohibiting any of the afore-said matters;
(f) for requiring persons engaged in any of the matters mentioned above 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;
(g) for any incidental and supplementary matters, including in particular the
entering, and search of premises, vehicles, vessels and aircraft, the seizure
by a person authorized 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 therefor.
4. Delegation of powers-----The Central Government (Ins. by A. O., 1964,
Art. 2 and Sch.)[where it is the appropriate Government] may by notified order
(For notifn. directing that the powers to make orders under section 3(2) (a)
shall be exercisable also by the Director of Industries, Government of West
Pakistan in respect of prices of certain essential commodities, see Gaz. of P.,
1957, Pt. I, p. 202;
For notifn. directing that the powers exercisable under this Act, shall be
exercised by the Textile Commissioner, in respect of essential commodity mentioned
at item (XXVI) to the Schedule, annexed to this Act, see Gaz. of P., 1958,
Ext., pp. 2147;
For notifn. under this section directing that the power to make order under
clause (a), (e), (f) and (g) of section 3(2), applicable to West Pakistan shall
be exercisable also by the Director of Supplies, Government of West Pakistan,
in respect of certain essential commodities, see Gaz. of P., 1958, Ext., pp.
1293 and 1303‑1304; and
For notifn. directing that the powers to make orders under section 3(2) (b), shall,
with respect to the Scheduled articles as defined in the Essential Commodities
Distribution Order, 1953, be exercisable by the Chief Secretary to the
Government of East Pakistan or an officer authorised by him in that behalf, see
Gaz. of P., 1958, Pt. I, p. 141.) direct that the power to make orders under
section 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,---
(a) such officer or authority subordinate to the Central Government, or
(b) such Provincial Government or such officer or authority subordinate to a
Provincial Government, as may be specified in the direction.
4-A. Delegation of powers by Provincial Government---( Section 4A ins.
by A. O., 1964, Art. 2 and Sch.)The Provincial Government may delegate
any of its powers under section 3 to any of its officers, by an order notified
in the official Gazette, subject to such conditions as may be specified in the
order.]
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(For such an
order, see foot‑note 5 under section 3 at p. 342.) made under section 3,
he shall be punishable with imprisonment for a term which may extend to three
years or with fine or with both, and if the order so provides, any Court trying
such contravention may direct that any property in respect of which the Court
is satisfied that the order has been contravened shall be forfeited to the
(Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government”.) [appropriate
Government];
Provided that where the contravention is of an order relating to foodstuffs
which contains an express provision in this behalf, the Court shall make such
direction, unless for reasons to be recorded in writing it is of opinion that
the direction should not be made in respect 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 involving 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 (Subs. by A. O., 1964, Art. 2 and Sch., for
“Central Government”.) [appropriate Government].
7. Attempts and abetment----Any person who attempts to contravene, or
abets, a contravention of, any order made under section 3 shall be deemed to
have contravened that order.
8. Offences by Corporations-----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 statement-----If any person,---
(i) when required by an order made under. section 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 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 or furnish;
he shall be punishable with imprisonment for a term which may extend to three
years or with fine or with both.
10. Cognizance of offences----
11. Powers to try offences summarily------Any magistrate or bench of
magistrates empowered for the time being to try in a summary way the offences
specified in sub‑section (1) of section 260 of the Code of Criminal
Procedure, 1898, may, on application in this behalf being made by the
prosecution, try in accordance with the provisions contained in sections 262 to
265 of the said Code any offence punishable under this Act. Act V of 1898.
12. Special provision regarding fines----Notwithstanding anything
contained in section 32 E of the Code of Criminal Procedure, 1898, it should be
lawful for any Magistrate of the First Class specially empowered by the
Provincial Government in this behalf to pass a sentence of fine exceeding one
thousand rupees on any person convicted of contravening an order made under
section 3. Act V of 1898.
13. Presumption as to order-----‑(1) No order made 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 conferred by or under this Act, a Court shall, within the
meaning of the Evidence Act, 1872, presume that such order was so made by that
authority. I of 1872
14. 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.
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 faith 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 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.] Rep. the by Repealing and Amending Ordinance, 1965 (X of
1965), s. 2 and 1st Sch.
SCHEDULE
(See section 2)
(i) Foodstuffs including edible oilseeds, and Oils.
(ii) Paper including newsprint, photographic paper, paper board, pulp board,
wall board, fibre board, straw board, box board, cellulose wadding, cellulose
film and other similar materials, which are manufactured, wholly or mainly
either from vegetable fibres or pulp thereof or both from such fibres and such
pulp, but does not include of these materials.
(iii) Petroleum and petroleum products.
(iv) Mechanically propelled vehicles, including those in completely knocked‑down
condition, their spare parts, and tyres and tubes for the same.
(v) Coal.
(vi) Iron and Steel.
(vii) Drugs and medicines, including those administered by injection.
(viii) Chemicals, including gases.
(ix) Electrical and radio goods and appliances including wires and cables.
(x) Glass plates and glass sheets.
(xi) Artificial Silk Yarn.
(xii) Cycles and their spare parts.
(xiii) Timber.
(xiv) Sanitary and water supply fittings.
(xv) Infant and patient foods and allied articles.
(xvi) Cement.
(xvii) Cigarettes.
(xviii) Tallow.
(xix) Ammunition including gun and rifle cartridges.
(xx) 35 mm. (cine) raw films.
(xxi) Torch cells.
(xxii) Cotton textiles and yarn.
(xxiii) Chemical fertilizers.
(xxiv) Glazed Tiles.
(xxv) Art Silk Fabrics.
[(xxvi) Woollen and worsted textile and yarn, all sorts.( Added by the Ministry
of Industries Notifn. No. PC‑(I)‑16(1)/58, dated the 3rd November,
1958, see Gaz. of P., 1958, Ext., p. 2147.)
(xxvii) Sugar.
(xxviii) Tea.
(xxix) Shaving blades.
(xxx) School and colleges text books.]
[(xxxi) Plastic Compounds and plastic sheets.( Added by the Ministry of Industries
Notifn. No. PC(I)‑1(40)/58; dated the 7th July 1959. see Gaz. of P.,
1959, Ext., p. 1221.)
(xxxii) Sewing Machines and their spare parts.
(xxxiii) Typewriters, Comptometers and similar mechanical equipments used in
offices and their spare parts.
(xxxiv) Twill and ‘B’ Twill Gunny Bags]
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