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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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