PUNJAB PREVENTION OF HOARDING ACT 2020
ACT XV OF 2020
[11th August 2020]
An Act to provide for
the prevention of hoarding in respect of certain articles.
It is expedient to provide
for the prevention of hoarding in respect of scheduled articles in an
emergent situation resulting from the outbreak of the Corona virus pandemic
(COVID-19) and for matters connected therewith and ancillary thereto.
Events of hoarding
contribute to adversities, in geometric progression, to the people at large,
especially in circumstances of partial or complete lock-down.
Be it enacted by Provincial
Assembly of the Punjab as follows:
1. Short title,
extent and commencement.–
(1) This Act may be cited as the Punjab Prevention of Hoarding Act 2020.
(2) It extends to
whole of the Punjab.
(3) It shall come
into force at once.
In this Act:
“article” means any of the articles
specified in the Schedule to this Act;
“Code” means the Code of Criminal
Procedure, 1898 (V of 1898);
"dealer" means any person, trader,
partnership firm, whether registered or unregistered, an association or body
of persons or individuals, or a company, or their agents carrying on the
business of purchasing, selling or stocking of any article and includes a
manufacturer, producer, packager, importer, exporter, wholesaler or retailer
of such article;
“Government” means Government of the
“hoard” or “hoarding”:
(i) means stocking
or storing anything in excess of the maximum quantity of articles allowed to
be held in stock or storage, in the manner as may be prescribed; or
(ii) where no
maximum quantity of an article is prescribed under sub-clause (i), “hoard”
or “hoarding” shall mean stocking or accumulation of articles without
offering such articles for sale, despite there being a demand by consumers;
“officer” means a Deputy Commissioner
as defined under the Punjab Civil Administration Act 2017 (III of 2017) or
such other officer as may be authorized by a Deputy Commissioner in this
means prescribed by rules made under this Act.
3. Offence of
hoarding.– (1) Any dealer who is found to
hoard any article shall be guilty of an offence punishable with simple
imprisonment up to three years and fine equivalent to fifty percent of the
value of the articles involved in the case.
(2) The value of
articles for the purposes of subsection (1) shall be determined in the
manner as may be prescribed.
4. Power to
search for and seizure of article.–
(1) When an officer has reasonable grounds to
suspect, either upon information from anyone or on his own, that there has
been a contravention of any of the provisions of this Act, he may, after
recording in writing the grounds of his suspicion, enter and search, without
any warrant, any place where a dealer keeps, or is for the time being
keeping, any article, accounts, registers or any other related items or
(2) Upon entry in
and search of a premises under subsection (1), if
articles are found at such premises in contravention of any of the
provisions of this Act, the officer shall immediately seize the same and
prepare a detailed report of the articles and other relevant material found
during the search.
(3) The provisions
of the Code shall not be applicable on search and seizure under this Act.
5. Power to
auction seized articles.–
(1) Notwithstanding anything contained in any other law for the time being
in force and in addition to the prosecution under this Act, the officer may
sell the articles seized under section 4, by auction in the manner as may be
(2) The proceeds
collected under subsection (1) shall be deposited in a profit bearing bank
account in the National Bank of Pakistan, and if:
the accused person whose articles are auctioned
is acquitted of an offence under section 3, the deposited amount along with
the profit shall be released to the said accused; or
the accused person whose articles are auctioned
is convicted of an offence under section 3, the deposited amount along with
the profit shall be released into the Government exchequer.
6. Cognizance of
offence and arrest without warrant.–
(1) Notwithstanding anything contained in the Code, all offences punishable
under this Act shall be cognizable and non-bailable.
(2) The Special
Magistrate under section 8 shall take cognizance of an offence under this
Act, upon written information by the officer.
(3) An officer may
arrest any person without warrant against whom there is credible information
that he has committed an offence under this Act.
7. Offences by
corporations etc.– If an offence under this
Act is committed by a company or body corporate or a partnership firm or
other association or body of persons or individuals, every director,
partner, manager, secretary, member or other officer, the principal, primary
or beneficial owner or agents 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 and shall be liable to punishment under this Act.
8. Power to try
(1) Notwithstanding anything contained in section 260 of the Code, offences
punishable under this Act shall be tried by a Special Magistrate appointed
under section 14A of the Code in a summary manner as provided in sections
262 to 265 of the Code:
Provided that subsection
(2) of section 262 of the Code shall not apply to the trials of offences
under subsection (1).
(2) The trial under
this Act shall be concluded within thirty days.
(1) A person aggrieved by an order of
conviction and sentence under this Act may file an appeal before a District
and Sessions Judge of the concerned District within thirty days of the said
(2) An appeal under
subsection (1) shall be disposed of within thirty days.
10. Reward for
Any person who provides an information to an
officer with regard to any act of hoarding, which results in a conviction
and release of funds into the Government exchequer, shall be entitled to an
award equivalent to ten percent of the amount released to the Government
exchequer in such manner as may be prescribed.
(1) Every dealer shall provide to the
concerned officer, such information regarding production, import, export,
purchase, stock, sale or distribution of any of the articles as the officer
may, by an order in writing, require.
(2) The officer may direct the owner or
manufacturer of articles or owner and management of
godowns or storage places or their agents to declare stocks of any
particular item, owned or managed by them at their premises, at any point in
time or at such periodical intervals as he may deem fit.
(3) The declaration to be made under
subsection (2), shall include the quantity of
stock, its value, date of purchase, copies of procurement invoices in any
given time frame, along with details of any sale or sale agreements.
(4) The officer may verify the stock as
well as the books or documents in respect of the stock, purchase or sale, at
any time, in respect of articles.
(5) While carrying out the verification
of stock in terms of subsection (4) or upon receipt of any information from
whatever source, the officer may require the dealer, owner or manager of a
godown or storage place to furnish the details
of persons, shops, firms or companies, etc. from whom the purchases have
been made and to whom the sales have been or are to be made.
12. Offences in respect of false
reporting and failure to disclose information.–
Any dealer or owner of a godown or a storage
place or their management or agent, who fails to provide information or
gives fake or false information with regard to any of the items or details
under section 11, or provides information of contracts, agreements or
arrangements found to be fake or false, or is otherwise found to be involved
in speculative dealings or market manipulation, creating artificial, false
or misleading appearance with respect to the price of, or market for, the
articles, shall be guilty of an offence punishable with simple imprisonment
up to three years and fine up to rupees one million.
13. Protection of
action taken under the Act.–
(1) No suit, prosecution or other legal proceedings shall lie against any
person for anything done in good faith under this Act.
(2) Except as
provided in this Act, no suit or other legal proceedings shall lie to
challenge any proceedings under this Act on any ground.
14. Action in aid of an officer.–
In giving effect to the provisions of this Act, an officer, where
he deems fit, may seek the aid of law enforcement agencies.
15. Power to make
The Government may, by notification in the
official Gazette, make rules to carry out the purpose of this Act.
16. Act to
override other laws.–
The provisions of this Act shall have effect notwithstanding anything
contained in any other law for the time being in force.
17. Power to amend
The Government may, by notification in official Gazette, amend the Schedule
so as to add or omit from it any entry.
18. Repeal. The
Punjab Prevention of Hoarding Ordinance 2020
(VI of 2020) is hereby repealed.
(See section 2)
Milk food for infants
Edible Oils, hydrogenated or
Aerated water, fruit juices and
Pulses all sorts
Fish all sorts
Spices and vegetable
Drugs and Medicines
Chemical Fertilizers all sorts
Phutti (seed cotton)
Cotton Seed all sorts
Wool, shoddy or raw
Meat on Hoof
Wheat Flour all sorts
Surface Cleaning Products