Updated: Monday April 22, 2013/AlEthnien
Jamada El Thaniah 12, 1434/Somavara
Vaisakha 02, 1935, at 07:23:18 PM
The
(W.
P. Act XX of 1958)
C O N T E N T S
Sections
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 enactments.
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.
[1][1]The [2][2][
(W. P. Act XX of 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][3][the Punjab];
It
is hereby enacted as follows:---
1. Short title, extent and commencement.— (1) This Act may be called the [4][4][
[5][5][(2) It
extends to the whole of [6][6][the
(3) It shall come into force at once.
2. Definitions.— In this Act, unless 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 commodities as may be declared and notified by the Government to be
foodstuffs for the purposes of this Act;
(b) “Government” means [7][7][Provincial Government of the
(c) “notified order” means an order notified in
the official Gazette.
3. Powers to control 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 or for securing its equitable
distribution and availability at fair prices, may, by notified 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 conferred 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 financial 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;
[8][8][(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 trade or
commerce in, any foodstuffs, 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 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 Government may, by notified order,
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 an officer or authority subordinate to the
Government.
5. Effect
of orders inconsistent with other enactments.— 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 [9][9][Court or Tribunal] trying such contravention
shall direct that any property in respect of which the [10][10][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 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
Government.
(3) If any person to whom a direction is
given under sub-section (3) of section 3 fails to comply with the direction, 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 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 such 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 punished with imprisonment for a
term which may extend to three years or with fine or with both.
[11][11][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, constitute, 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
(2) A Tribunal shall sit at such place 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 Session 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 Code 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.]
[12][12][10. Offences and Procedure.— (1) Offences under this Act shall be
cognizable and non-bailable.
(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] [13][13][:]
[14][14][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.]
11. [15][15][Bar
of jurisdiction and reference 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.
[16][16][(2) Save
any order passed by a Tribunal under section 9-C of this Act, any person
aggrieved by an order made in exercise 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 the
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 Court, except an
appeal against the order of a Tribunal preferred to the Court of Session 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.]
[17][17][11-A. Presumption as to orders.— Where an order purports
to have been made and signed by 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.
(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
(2) The
(3) The
[1][1]For statement of objects and
reasons, see Gazette of West Pakistan
(Extraordinary), dated 9th March, 1957, pp.412-413.
This Act was passed by the West Pakistan Assembly on 31st March, 1958; assented to by the Governor of West Pakistan on 17th April, 1958; and, published in the West Pakistan Gazette (Extraordinary), dated 23rd April, 1958, pages 623-27.
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Substituted by the
[6][6]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of
[8][8]Inserted by the West Pakistan
Foodstuffs (Control) (
[9][9]Substituted by the West
Pakistan Foodstuffs (Control) (
[10][10]Substituted by the West
Pakistan Foodstuffs (Control) (
[11][11]Added by the West Pakistan
Foodstuffs (Control) (
[12][12]Substituted by the West
Pakistan Foodstuffs (Control) (
[13][13]Substituted by the West
Pakistan Foodstuffs (Control) (Punjab Second Amendment) Act, 1975 (XLVIII of
1975), for the full-stop.
[14][14]Inserted ibid.
[15][15]Substituted ibid., for “Presumption as to Orders.”
[16][16]Added ibid.
[17][17]Substituted the West Pakistan
Foodstuffs (Control) (
[18][18]Bwp. III of 1948.
[19][19]W.P. Ord. XI of 1957.
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