An Act to provide for regulation of supply,
distribution, prices and trade and commerce in respect of certain essential
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,
(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 thereunder may
(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 infor-mation 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
[(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.
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
[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
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.
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.]
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.
Power to make addition to Schedule.— Government
may, by notification in the official Gazette, make additions to the
13. Repeal.— The Punjab Essential
Article (Control) Ordinance, 1973, is hereby repealed.
[See SECTION 2 (c)]
1. Iron and steel all sorts.
3. Newsprint other than newsprint
manufactured in Pakistan.
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 electro-medical equipment.
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.
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.
25. 35mm, 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.
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
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
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.
by the Punjab Essential Articles (Control) (Amendment) Act, 1993 (I of
by the Punjab Essential Articles (Control) (Amendment) Ordinance, 1978
(IV of 1978).
for the word “seven” by the Punjab Essential Articles (Control)
(Amendment) Act, 1999 (XII of 1999).
by the Punjab Essential Articles (Control) (Amendment) Act, 1975 (XXXV