FOODSTUFFS (CONTROL) ACT, 1958.
(W. P. Act XX of 1958)
1. Short title, extent
3. Powers to control
supply, distribution, etc., of foodstuffs.
4. Delegation of
5. Effect of orders
inconsistent with other enactments.
7. Attempts and
8. Offences by
9. False statements.
9-A. Trials by Tribunal.
9-B. Constitution of
9-C. Powers of Tribunals.
9-E. Transfer of cases.
10. Offences and
11. Bar of jurisdiction
and reference to arbitration.
11-A. Presumption as to
12. Burden of proof in
13. Protection of action
taken under the Act.
FOODSTUFFS (CONTROL) ACT, 1958
(W. P. Act XX of 1958)
An Act to provide for the continuance of
powers to control the supply and distribution of, and trade and commerce in,
WHEREAS it is expedient in the public interest to provide for the
continuance of powers to control the supply, distribution and movement of,
and trade and commerce in, foodstuffs in
It is hereby enacted as follows:-
1. Short title, extent and
commencement.— (1) This Act may be called the
Foodstuffs (Control ) Act, 1958.
It extends to the whole of [the
except the Tribal Areas.]
(3) It shall come into force at once.
2. Definitions.— In this Act, unless
there is anything repugnant in the subject or context—
“foodstuff” means any of the following classes of commodities:-
(i) wheat, wheat
atta, maida, rawa and suji;
(ii) rice and paddy;
(iii) sugar; and
(iv) such other commodity
or class of commodities as may be declared and notified by the Government to
be foodstuffs for the purposes of this Act;
(b) “Government” means
Government of the
(c) “notified order” means an
order notified in the official Gazette.
3. Powers to control supply,
distribution, etc., of foodstuffs.— (1)The Government, so far as it
appears to it to be necessary or expedient for maintaining supplies of any
foodstuff or for securing its equitable distribution and availability at
fair prices, may, by notified order, provide for regulating or prohibiting
the keeping, storage, movement, transport, supply distribution, disposal,
acquisition, 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 manufacture of any article of food from
(b) for controlling the
prices at which any foodstuffs may be bought or sold;
(c) for regulating by
licences, permits or otherwise, the storage, transport, distribution,
disposal, acquisition, use or consumption of any foodstuff;
(d) for prohibiting the
withholding from sale of any foodstuff ordinarily kept for sale;
(e) for requiring any
person holding stock of any foodstuff to sell the whole or a specified part
of the stock to such persons 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 foodstuff which, in the opinion of the authority making the order is, or
is likely to be, detrimental to public interest;
levying fees or charges to meet the expenses incurred by Government on the
administration of this Act;]
(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 supply or
distribution of, or trade or commerce in, any foodstuffs, 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 aircraft, the seizure by a person
authorised to make such search of any articles 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
4. Delegation of powers.— The
Government may, by notified order, direct that the power to make orders
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 an officer or authority subordinate to the Government.
Effect of orders inconsistent with other enactments.—
Any order made under section 3 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
(1) If any person contravenes any order made under section 3, he shall be
punished with imprisonment for a term which may extend to three years, or
with fine, or with both and, if the order so provides, any
[Court or Tribunal]
trying such contravention shall direct that any property in respect of which
or Tribunal] is satisfied that the order has been contravened shall be
forfeited to the Government, unless for reasons to be recorded in writing,
it is of the opinion that the direction should not be made in respect of the
whole, or as the case may be, a part of the property.
(2) The owner of any vessel, conveyance
or animal carrying any property in respect of which an order under section 3
is contravened, shall, if the carrying is 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 shall when the order provides for
forfeiture of the property in respect of which the order is contravened, be
forfeited to the Government.
(3) If any person to whom a direction
is given under sub-section (3) of section 3 fails to comply with the
direction, he shall be punished with imprisonment for a term which may
extend to three years, or with fine, or with both.
7. Attempts and abetments.— Any
person who attempts to contravene, or abets the contravention of any order
made under section 3 shall be deemed to have contravened that order.
8. Offences by corporation.— If the
person contravening an order made under section 3 is a company or other body
corporate, every 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 an order
made under section 3 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 any 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 three years or with fine or with both.
Trials by Tribunal.— All offences punishable under
this Act shall be exclusively triable by a Tribunal constituted under this
9-B. Constitution of Tribunals.— (1)
Government may, by notification in the official Gazette, constitute, for the
whole or any part of the Province of the Punjab one or more Tribunals
consisting of a person who—
(a) has to his credit five
years practice as an Advocate; or
(b) has, for a total period
of not less than three years exercised, whether continuously or not, the
powers of a First Class Magistrate under the Code of Criminal Procedure,
(c) is and has for a period
of not less than ten years been in the service of Pakistan and is a law
(2) A Tribunal shall sit at such place
as the Government may, by notification in the official Gazette, specify in
9-C. Powers of Tribunals.— A Tribunal
may pass any sentence and exercise all or any of the powers which a
Magistrate of the First Class empowered under section 30 of the Code of
Criminal Procedure, 1898, may pass or exercise under the said Code.
9-D. Appeal.— (1) A person sentenced
by a Tribunal shall have a right of appeal to the Court of Session having
jurisdiction in the area, within thirty days of the passing of the sentence.
(2) Save as provided in sub-section
(1), no court shall have authority to revise such sentence, or to transfer
any case from a Tribunal or to make order under section 426, 491 or 498 of
the Code of Criminal Procedure, 1898, or have jurisdiction of any kind in
respect of any proceeding of a Tribunal.
9-E. Transfer of cases.— All cases
regarding any matter within the jurisdiction of a Tribunal pending trial in
any Court immediately before the constitution of a Tribunal under this Act,
shall stand transferred to such Tribunal.]
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]
whenever a Tribunal considers it desirable, it may follow the procedure laid
down in the Code of Criminal Procedure, 1898, for the trial of Summons Cases
jurisdiction and reference to arbitration.—] (1)No
order made in exercise of any power conferred by or under this Act shall be
called in question in any Court.
[(2) Save any order
passed by a Tribunal under section 9-C of this Act, any person aggrieved by
an order made in exercise of any power conferred by or under this Act, may
by an application in writing, within 30 days of the passing of the order,
refer the matter to the arbitration of a sole arbitrator appointed by the
(3) The Government shall soon after the
enforcement of these provisions, appoint one or more arbitrators for all
cases or different arbitrators for different classes of cases under this
(4) All suits, appeals or applications
regarding matters to which this Act applies, pending in any Court, except an
appeal against the order of a Tribunal preferred to the Court of Session
under section 9-D of this Act, shall abate.
(5) A reference to arbitration under
sub-section (2) in respect of such orders as were subject-matter of a suit,
appeal or application which abated under sub-section (4), may be made to an
arbitrator within 30 days of the enforcement of these provisions.]
Presumption as to orders.—
Where an order purports to have been made and signed by authority in
exercise of any power conferred by or under this Act, a Court shall presume
within the meaning of the Evidence Act, 1872, that such order was so made by
12. Burden of proof in certain cases.—
Where any person is prosecuted for contravening any order made under section
3 which prohibits him from doing an act or being in possession of a thing
without lawful authority or without a permit, licence or other document, the
burden of proving that he has such authority, permit, licence or other
document, shall be on him.
13. Protection of 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 order made under section 3.
No suit or other legal proceeding shall lie against the 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 order made under section 3.
Repeal.— The following enactments are hereby repealed, namely:-
(1) The Bahawalpur Foodgrains Control
(2) The Bahawalpur Control of
Essential Supplies Commodities Act, 1948.
(3) The West Pakistan Foodstuffs
(Control) Ordinance, 1957.