[1]THE PUNJAB ESSENTIAL ARTICLES (CONTROL)
ACT, 1973
( XVII of
1973)
[16th October, 1973]
An
Act
to provide for
regulation of supply, distribution, prices and trade and commerce in respect of
certain essential articles.
Preamble.— WHEREAS it is expedient in the public interest to provide for
powers to regulate and control the production, acquisition, prices, keeping,
storage, movement, transport, supply, distribution, disposal, use or
consumption of, and trade and commerce in, certain essential articles in the
Province of the Punjab; It is hereby enacted as follows:-
1. Short title, extent and commencement. —
(1) This Act may be called the Punjab
Essential Articles (Control) Act, 1973.
(2)
It extends to the whole of the Province of the Punjab.
(4)
It shall come into force at once.
2.
Definitions.
— In this Act, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that
is to say:-
(a)
“Controller” means the Controller of Prices and
Supplies appointed by the
Government and includes a Deputy
or Assistant Controller of Prices and Supplies so appointed, and any other
officer authorised by the Government to exercise all or any of the powers of
the Controller under this Act;
(b)
“Government” means the Government of the Punjab;
(c)
“Essential articles” means any of the classes of
articles mentioned in the Schedule to this Act; and
(d)
“Notified order” means an order made under section 3 of
this Act and notified in the official Gazette.
3.
Power to
control production, supply, distribution, etc. of essential articles.— (1)
Government, so far as it appears to it to be necessary or expedient for
maintaining or increasing supplies of any essential article, or for securing
its equitable distribution and availability, or for controlling and fixing the
prices of an essential article may, by notified order, provide for regulating
or prohibiting the production, acquisition, treatment, keeping, storage,
movement, transport, supply, distribution, availability at fair price,
disposal, 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 there under may provide—
(a)
for regulating by licences, permits or otherwise, the
production, manufacture, acquisition, treatment, keeping, storage, movement,
transport, supply, distribution, disposal, use and consumption of any essential
article;
(b)
for prohibiting the withholding from sale of any
essential article ordinarily kept for sale;
(c)
for controlling and fixing the prices at which any
essential article may be bought or sold in any area;
(d)
for displaying in a prominent place of business
premises a list of prices fixed for sale and of the quantity of stock of
essential articles available at the time of start of business on a day;
(e)
for requiring any person holding stock of an essential
article to sell the whole or a specified part of the stock to such person 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 essential article which, in the
opinion of Government, officer or authority making the order are, or if
unregulated are likely to be detrimental to public interest;
(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 production, supply
or distribution of, or trade or commerce in, any essential article, 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
aircrafts, the seizure by a person authorised to make such search of any
article 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.
[3][(j)
for marking of fertilizer bags with the name of fertilizer, nutrient contents,
and net weight of bag.]
(3)
Government, so far as it appears to it to be necessary
for maintaining or increasing the production and supply of an essential
article, or for controlling and fixing of price of an essential article, may,
by notified order, authorise the Controller to exercise with respect to the
whole or any part of any such undertaking engaged in the production and supply
of the articles as may be specified in the order such function of control as
may be provided by the order.
(4)
So long as an order is in force with respect to any
undertaking or part thereof, the undertaking or the part thereof shall be
carried on in accordance with any direction given by the Controller in
accordance with the provisions of the order and any persons having any
functions or management in relation to the undertaking or part thereof shall
comply with any such direction.
4.
Delegation
of powers. — Government may, by notified order, direct that the power to
make order 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 such officer or authority not below the rank of a Gazetted Officer
subordinate to Government as may be specified in the direction.
5.
Effect of
orders inconsistent with other enactments. — A notified order 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.
Punishment
for contravention.— (1) If any person contravenes any notified order he
shall be punished with imprisonment for a term which may extend to [4][three]
years or with fine which shall not be less than the value of the essential
articles in respect of which the order has been contravened 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 Government.
(2)
The owner of any vessel, conveyance or animal carrying
any property in respect of which any notified order is contravened, shall, if
the carrying is a 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 may
when the order provides for forfeiture of the property in respect of which the
order is contravened, be forfeited to Government.
(3)
The provisions of this Act shall not apply to the
possession, sale or movement of any essential article by a person discharging a
contract entered into by him with the Government where the possession, or sale
is in pursuance of that contract.
[(4) Sub-section (1), as amended by the Punjab
Essential Articles (Control)
(Amendment) Act 1999 shall apply to all cases of
investigation or trial of offences under this Act pending immediately before
the coming into force of the aforesaid Amendment Act.]
7.
Attempt and
abetments. — Any person who attempts to contravene or abets the
contravention of any notified order shall be deemed to have contravened that
order.
8.
Offences by
corporation.— If the person contravening a notified order is a company or other
body corporate, every executive 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 a notified order 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 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 seven years or with fine or with both.
[5][10. Offences and procedure. — (1)
Offences under this Act shall be cognizable and nonbailable.
(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.]
11.
Presumption
as to orders. — (1) No order made in exercise of any powers 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 presume within the meaning of Evidence Act, 1872 that such order was so
made by that authority.
12.
Protection
to 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 notified order.
(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 notified order.
[6][12-A. Power to make addition to Schedule.
— Government may, by notification in the official Gazette, make additions
to the Schedule.]
13.
Repeal. —
The Punjab Essential Article (Control) Ordinance, 1973, is hereby repealed.
----------------------------
SCHEDULE
[See
SECTION 2 (c)]
1.
Iron and steel all sorts.
2.
Cement.
3.
Newsprint other than newsprint manufactured in
Pakistan.
4.
Bicycles.
5.
Electric lamps.
6.
Mechanically propelled vehicles including those in
completely knocked down condition.
7.
Tyres and tubes and spare-parts of mechanically
propelled vehicles.
8.
Caustic soda.
9.
Soda ash.
10.
Imported drugs and medicines other than Unani,
Homeopathic or Ayurvedic and those compounded by dispensing chemists.
11.
Surgical instruments and appliances, X-Ray films and
X-Ray apparatus and electromedical equipment.
12.
Glucose.
13.
Printers ink.
14.
School and college stationery.
15.
Tractor and tractor-drawn equipment.
16.
Washing soap and toilet soap.
17.
Cycle tyres and tubes.
18.
Batteries.
19.
Building hardware.
20.
Cycle parts and accessories.
21.
Non-ferrous metals.
22.
Indigenous drugs and medicines (other than Unani,
Homeopathic or Ayurvedic and those compounded by dispensing chemists),
including administered by injections.
23.
Sewing machines and parts.
24.
Cigarettes.
25.
35 mm, raw films and X-Ray films.
26.
Papers all sorts.
27.
Imported chemicals, dyes.
28.
Radio and wires and cables.
29.
Sanitary and water supply fittings.
30.
Shaving blades.
31.
Tea.
32.
Tallow.
33.
Dry battery cells all sorts.
34.
Television and television parts.
35.
Jute bags, and hassian kenaf bags and other jute
products.
36.
Cotton, woollen and man-made fibre textile including
yarn.
37.
Glassplates and sheets.
38.
Hydrogenated-non-hydrogenated vegetable oil.
39.
Matches.
40.
Fertilizers.
41.
Coal and coke.
42.
Pakka bricks all sorts including burnt tiles
manufactured or burnt in any sort of kiln.
43.
Wood all sorts including timber and fire-wood.
[1] This Act was passed by the
Punjab Assembly on 3rd October, 1973; assented to by the Governor of the Punjab
on 16th October, 1973; and, published in the Punjab Gazette (Extraordinary),
dated 16th October, 1973.
[2]
Omitted by the Punjab Essential Articles (Control) (Amendment) Act, 1993 (I of
1994).
[3]
Added by the Punjab Essential Articles (Control) (Amendment) Ordinance, 1978
(IV of 1978).
[4]
Substituted for the word “seven” by the Punjab Essential Articles (Control)
(Amendment) Act, 1999 (XII of 1999).
[5] Substituted by the Punjab
Essential Articles (Control) (Amendment) Act, 1975 (XXXV of 1975).
[6]
Added ibid.
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