Covid-19 (Prevention of Hoarding) Act 2021 (Act No. XLVI of 2021)

2. Definitions.-In this Act, unless there is anything repugrrant in the subject or context,- (a) "dealer" means any person, trader, partnership, firm, whether registered or unregistered, an associatit,n or body of persons or rndividuals, or a company, or their zLgents carrying on the business of purchasing, selling or stocl:iltg of any scheduled article and includes a manufacturer, 'producer, packager, importer, exporter, wholesaler or retailel'of such article; (b) "Government" means the Federal Govetnment; (c) "hoard" or "hoarding"- (i) means stocking or storing anyttLing in excess of the maximum quantity of scheduled articles allowed to be held in stock or storage, in th,: manner as may be prescribed; or (ii) wherb no maximum quantity of a scheduled article is prescribed under sub-clause (i), 'hoard" or "hoarding" shall mean stocking or accunrulation of scheduled articles without offering such articles for sale, despite there being a demand by consumers. (d) "maximum quantity" means the quantity of an item that is currently available for sale; (e) "officer" means the deputy commissioner of the Islamabad Capital Territory and such other officer as may be authorized by him in this behalf; PART TTIE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 9, 2021 1129 (0 "prescribed" means prescribed by rules made under this Act; and (g) "scheduled article" means any of the articles specified in the Schedule to this Act.

3. Offence of hoarding.{l) Any dealer who is found to hoard an1, scheduled article shall be guilty of an offence punishable with simple imprisonment up to three years and finc equivalent to fifty percent of the value of the scheduled articles involved in the case. (2) The value ofscheduled articles for purposes ofsub-section (l) shall be determined in the nlanner as may be prescribed.

4. Power to search for and seizure of scheduled article.{l) 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 scheduled article, accounts, registers or any other related items or things. (2) Upon entry in and search of a premise under sub-section (1), if scheduled articles are found at such premise in contravention of this Act, the officer shall immediately seize the same and prepare a detailed report of the scheduled articles and other relevant material found during the search. (3) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) shall not be applicable on search and seizure under this Act. 5. . Power to auction seized Scheduled articles.{l) 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 scheduled articles seized under section 4 by auction, in the manner as may be prescribed. (2) The proceeds collected under sub-section (1) shall be deposited in a profit bearing bank accourit in the National Bank of Pakistan, and if- (a) the accused person whose scheduled articles are auctioned is acquitted of an offence under section 3, the deposited amount alongwith the profit shall be released to the said accused; or (b) the accused person whose scheduled articles are auctioned is convicted ofan offence under section 3, the deposited amount alongwith the profit shall be released into the government exchequer. xL_ gE!_1_43l_ll4rrl

6. Cognizance of offence and arrest without rvarrant.{1) Notrvithstanding anyhing contained in the Code of Criarinal Procedure, 1898 (V of 1898), all offences punishable under this Act shall re cognizable and non- bailable. (2) The Special Magistrate under section 8 shal. lake cognizance of an offence under this Act, upon written information by the oficer. (3) An officer may arrest any person without \tarrant against whom there is credible information that he has committed an offenr:e under this Act.

7. Offences by corporations etc.-If an offi:nce under this Act is committed by a companl' or bod1, corporate or a partnership or other association or body of persons or individuals, every director, managel', secretary, member or other officer, the principal, primary or beneficial owner i)r agents thereof shall, unless he proves that the contravention took place withoul his knowledge or that he exercised all due diligence to prevent such contravertion, be deemed to be guilty of such contravention and shall be liable to punishment under this Act.

8. Power to try offences summarily.{l) Off:nces punishable under this Act shall be tried by a Special Magistrate appointed urrder section l4,A. of the Code of Criminal Procedure, 1898 (Act V of 1898), in a summary manner as provided in sections 262 to 265 of the said Code: Provided that sub-section (2) of section 262 of the Code of Criminal Procedure. 1898 (Act V of 1898) shall not apply. (2) If a Special Magistrate has reason to suspect that any offence punishable under this Act has been committed by any deale' or owner of a godown or a storage place or its management or agent thereof he may enter the place or premises where the offence has been committed and try the offence on the spot. (3) The trial under this Act shall be concluded within thirty days

9. Appeal.{l) A person aggrieved by an order of conviction and sentence under of this Act may file an appeal before a District and Sessions Judge of the Islamabad Capital Territory within thirty days of the said order. (2) An appeal under sub-section ( I ) shall be disposed of within thirry days

10. Reward for informers.-Anyone who provides an information to an offtcer with regard to any act or acts of hoarding, which results in a conviction and release of funds into the government exchequer, shall rc entitled to an award equivalent to ten percent of the amount released to the golernment exchequer, in the manner as may be prescribed. Panr THE GAZETTE OF PAKISTAN EXTRA. DECEMBER 9 202t I 13l

11. Information and declarations.{l) Every dealer shall provide to an officer, such information regarding production, importation, exportation, purchase, stock, sale or distribution ofany ofthe scheduled articles as the officer may, by an order in writing, require. (2) The officer may direct the owners or manufactures of scheduled articles or owners 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 may be deemed frt. (3) The declaration to be made under sub-section (2), shall, inter alia, 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 scheduled articles. (5) While carrying out the verification of stock in terms of sub-section (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 I l, 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 scheduled articles, shall be guilty of an offence punishable with simple imprisonment upto three years and fine equivalent to one million Rupees.

13. Protection of action taken under the Act.{l) No suit, prosecution or other legal proceedings shall lie against any person for anything done in good faith. (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. 1132 THE GAZETTE OF PAKISTAN, EXTRA., DECEMEER 9, 2021 [PARr I

15. Power to make rules.-Within six months c,f the commencement of this Ac! the Govemment may, by notification in the official GaTAte, make nrles to carry or-[ *re prpose ofthis Act.

16. Act to override other laws.-The provisions of this Act shall have effect notwithstanding anything contained in any other law fbr the time being in force.

17. Power to amend Schedule.-The Government ffiay, by notification in official Gazette, amend the schedule so as to add to, amend or omit from it, any commodity or class of commodities. SCHEDULE (see section 2) Sr. Sr. Item Item No. No. (1) (2) (l) (21 I Tea t7 Spices and Yegetables 2 Sugar 18 Red Chilli 3 Milk l9 Drugs and Ivtedicines 4 Powdered Milk 20 Kerosene oil 5 Milk and food for infants 2t fuce 6 Edible oil, hydrogenated or 22 Wheat, Flour all sorts otherwise 7 Aerated water, fruits juices and 23 Chemical fetilizers all sorts squashes 8 Salt 24 Poultry food 9 Potatoes 25 Surgical gloves l0 Onions 26 Face masks lt Pulses all sorts 27 N95 masks t2 Fish all sorts 28 Sanitizers l3 Beef 29 Surface clea ni ng products t4 Mutton 30 Pesticides l5 Eggs 3l Match stick:; l6 Gur 32 ,TUP, Alcohol TAHIR HUSSAIN, ,lecretary. PRINTED BY THE MANAGER, PRINTING CORPORATION OF PAKISTAI\ PRESS, ISLAMABAD, PUBLISHEDBYTHE DEPUTYCONTROLLER,STATTONERYANDFORMS,UNIVERSITYROAD,KARACHI,