The
Imports’ and Exports’ (Control) Act, 1950
Act No. XXXIX of 1950
[19th April, 1950]
An Act to continue for a limited period powers to prohibit or
control imports and exports.
WHEREAS it is expedient to continue for a limited period powers to
prohibit, restrict or otherwise control imports into and exports from Pakistan
It is hereby enacted as follows:---
1.
Short title, extent, commencement and duration. (1) This Act may be called
the Imports and Exports (Control) Act, 1950.
(2) It extends to
the whole of Pakistan
(3) it shall come
into force immediately, and shall remain in force fro a period of twenty
years.
2.
Definitions. In this Act,---
(a)
“Chief Controller” means the officer appointed by the Central Government to
perform the duties of chief Controller of Imports and Exports under this Act;
(b)
“Customs-collector” means a customs-collector as defined in the Sea Customs
Act, 1878, or a Collector of Land Customs appointed under the Land Customs Act,
1924; and
(c)
“import and export” means respectively bringing into, and taking out of, the
Provinces by sea, land or air.
3.
Power to prohibit or restrict imports and exports. (1) The Central
government may, by order published in the official Gazette and subject to such
conditions and exceptions as may be made by or under the order, prohibit,
restrict or otherwise control the import or export of goods of any specified
description, or regulate generally all practices (including trade practices)
and procedure connected with the import or export of such goods, and such order
may provide for applications for licenses under this act, the evidence to be
attached to such applications, the grant, use, transfer, sale or cancellation
of such licenses, and the form and manner in which and the periods within which
appeals and applications for review or revision may be preferred and disposed
of, and the charging of fees in respect of any matter as may be provided in
such order.
(2) No goods of the
specified description shall be imported or exported except in accordance with
the conditions of a license to be issued by the Chief controller or any other
officer authorised in this behalf by the Central Government.
(3) All goods to
which any order under sub-section (1) applies shall be deemed to be goods of
which the import or export has been prohibited or restricted under section 19
of the Sea Customs Act, 1878, and all the provisions of that Act shall have
effect accordingly except that section 183 thereof shall have effect as if for
the word “shall” therein the word “may” were substituted.
(4) Notwithstanding
anything contained in the aforesaid Act the Central Government may, by order
published in the official Gazette, prohibit, restrict or impose
conditions on the clearance whether for home consumption or for shipment abroad
of any imported goods or class of goods.
4.
Continuance of existing orders. All orders made under section 3 of the
Imports and Exports (Control) Act, 1947, and in force immediately before the commencement
of this Act, shall so far as they are not inconsistent with the provisions of
this Act, continue in force and shall be deemed to have been made under this
act.
4A. Prohibition to
sell or purchase import license. No person shall sell, purchase or
otherwise deal in any import license other than an import license issued under
the Export Bonus Scheme.
Explanation.--- In this section, “Export Bonus Scheme” means the scheme
introduced by Government of Pakistan vide Ministry of Commerce Public Notice
No. 326/120 59-EP. III, dated the 15th January, 1959.
4B. Prohibition
regarding sale and transfer of goods by Industrial consumer. Except with
the previous permission in writing fo the Chief Controller or any other officer
authorised in this behalf by the central Government, no person who, in his
capacity as industrial consumer, imports any goods against a license issued to
him or, where no license is required for the import of such goods by an
industrial consumer, without any license, shall sell or otherwise transfer such
goods, or use the goods for a purpose other than the purpose or purposes for
which the license was issued or such goods were imported.
5.
Penalty. If any person contravenes any provisions any provision of this Act
or any order made or deemed to have been made under this Act or the rules made
thereunder, or makes use of an import or export license otherwise than in
accordance with any condition in that behalf imposed under this Act, he shall
without prejudice to any confiscation or penalty to which he may be liable
under the provisions of the Sea Customs Act, 1878, as applied by sub-section
(3) of section 3 of this Act be punishable with imprisonment for a term which
may extend to one year, or with fine, or with both.
6.
Cognizance of offences. No court shall take cognizance of any offence
punishable under section 5 except upon complaint in writing made,---
(a)
in the case of an offence which is punishable both under this Act or the rules
made thereudner and also, whether by confiscation or otherwise, under the Sea
Customs Act, 1878, by a Customs-Collector or by an officer of Customs
authorised in writing in this behalf by a Customs-collector, or
(b)
in the case of any other offence, by the Chief controller or by an officer
authorised by him in writing in this behalf;
And no court inferior to that of a Magistrate of the first class shall try any
such offence.
7.
Savings. No order made or deemed to have been made under this Act shall be
called in question in any court, and no suit, prosecution or other legal
proceeding shall lie against any person for anything in good faith done or
intended to be done under this Act or any rules made thereunder or any order
made or deemed to have been made thereunder.
8.
Power to make rules. The central Government may make rules not inconsistent
with this Act for carrying out the purposes of this Act.
9.
Repeal. Rep. by the Repealing and Amending ordinance, 1965 (X of
1965), s. 2 and Ist Sch.
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