West Pakistan Foodstuffs (Control) Act, 1958

4 THE WEST PAKISTAN FOOD STUFFS (CONTROL), ACT, 1958. WEST PAKISTAN ACT NO. XX OF 1958. (AS AMENDED UPTO 22ND DECEMBER, 1971). (First published after having received the assent of the Governor of West Pakistan in the Gazette est Pakistan on the 23rd April, 1958). An Act to provide for the continuance of powers to control the supply and distribution of. and trade and commerce in Foodstuffs. WHEREAS, it is expedient in the public interest to provide for the continuance of powers to Preamb,e rol the supply, distribution and movement of, and trade and commerce in foodstuffs, in West · stan; It is hereby enacted as fo llows: (1) This Act may be caUed the West Pakistan Foodstuffs (Control) Act, 1958. (2) It extends to the whole of [1N.-W. F. PJ. except the Special Areas. (3) It shall come into force at once. . In this Act, unless there is anything repugnant in the subject or context. (a) "foodstuff" means any of the following classes of commodities : (i) Wheat, wheat atta, maida, rawa and s11ji; (ii) rice and paddy; (ii: ) 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 the Government of ( N.-W. F. P].,-and (c) "notified order" means an order notified in the Official Gazette. Short title t ~• d comm, meut . Definition, ' \ Delegation < powers. Effect o f ore inconsiaten with other actment,. Peiialtiea. 3. . (1) The Government so far ~s it. appe~rs to it to be 1:ecessary o: e:eJ?edient tor -?laiotaini?g Power to contr~~posa~ 0 ;1 ~ pphes of any foodstuffs or for secunng its equ1table d1stnbut1on and ava1lab1hty at fair pnces, may oy supply, distJ to ~vern!n: tified order, provide for regulation or prohibiting the keeping, storage, movement transport, supply, but\t etc., foe ;tribution, disposal, acquisition, use or consumption thereof and trade and commerce therein. st u s. (2) Without prejudice to the generality of the powers conferred by sub-section {l) an order ade thereunder may provide (a) for regulating by licences, permits or otherwise the manufacture of any article of food from any foodstuff; (b) for controlling the prices at which any foodstuff 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 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 deterimental to public interest; A.tteinpt and Abetmeiits. Olteiac~ by Corporations. 1alle atateaer Delei;ation of powers. Effect of order11 i11consi1te11t with other en· actmeotl. Pe11altie1. 5 (g) for collecting any information or statistics with a view to regulating or prohibiting any o the aforesaid matter; (h) for requiring persons engaged in the supply or distribution of or trade or commerce, i any foodstuff 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 speci fled in the order ; and (i) for any incidental and supplementary matters including, in particular, the entering and searc of premises, vehicles, vessels an aircraft the seizure by a person authorised to make sue search of any article in respect of which such persons has reason to believe that a contraven tion of the order has been, is being, or is about to be committed, or any records connecte therewith, the grant or issue of licences, permits or other documents and the cl-argiog o fees therefor. 4. The Government may, by notified order, direct that the power to make orders ui.der sectio 3 shall, in relation to such matters and subject to such conditions, if any, as may be specified in th direction, be exerciseable also by an officer or authority subordinate to the Government. 5. Any order made under section 3 shall have effect not withstanding anything inconsisten therewith contained in any enactment other than this Act or any instrument having effect by virtU( of any enactment other than this Act. 6. (1) If any person contravenes any order made under section 3, he shall be punished wit imprisonment for a term which may extend to three years or with fine, or with both and, if the orde so provides, any Court trying such contravention sh·au direct that any property in respect of which th Court is satisfied that the order has been contravened shall be forfeited to the Government, unles for reasons to be recorded in writing, it is of the opinion that the direction should not be made in respec of the whole, or as the case may be, a part of the property. · (2) The cwner of any vessel, conveyance or animal carrying any property in respect of whicl ao order under s~ction 3 is contravened shall, if the carrying is part of the transaction, involving th contravention and if he knew or had reasons 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 liabl under sub-section (I), the vessel, conveyance, or animal shall when the order provides for forfeitur of the property in re:;pect of which the order is contravened, be forfeited to the Government. (3) If any person to whom a direction is given under sub-section (2) of section 3, fails t comply with the direction, he shall be puni:,hed with imprisoomcHt for a te1m which may e:xten to tru:ee years o:r with fine or with both. Disposal of pro- [i] "6-A. Government may, from time to time, by Notification in the Official Gazette, mak perty forfieted rules consistent with this Act to regulate. to GoverDI11e11t. Attempt and Abetments. Olfe11ces by Corporations. (a) the disposal of property forfeited to Government under this Act or the orders made unde section 31, and (b) the reward to be paid to officers out of such confiscations". 7. Any person who attempts to contravene, or abets the contravention of any order made uode Section 3,tsball be deemed to have contravened that order. 8. If the peiSOD contravening an order made under section 3 is a company or other bod corporate, every director, manager, secretary or other officer or agent thereof shall, unless be prove that the contravention took place without his knowledge or that he exercised all due diligence to preven such contravention, ce deemed to be guilty of such contravention. Falae atateaents 9. If any person (i) when required by an order made under section 3 to make any statement or furnish any in formation, makes any statement or furnishes any information which is false in any materia particular and which he knows or bas reasonable cause to believe to be false, or does no believe to be true, or (ii) makes any such statement as aforesaid in any book, account, record, declaration, return o other document which he is required by any such order to maintain or furnish, he shall b punished with imprisonment for a term which may extend to three years or with fine o with both. :ognfiance of 10. No Court shall take congnizance of any offence rt1nisbable under this Act except on ~"·~~•• TPnnrt in ,v:·itino nf tl,p fl>rf-<: rnnc:tit11tino c:11rh nffPnrP ,,., ~,t,. h" ,-, nPr<:nn whn ic: ,:i n11hlir <:Prvl>n t a, ,, 11. (1) No order made in exercise of any power conferred by or under this Act shall be called Preaumption .. •in question in any court. to order. (2) Where an order purports to have been made and signed by an authority in exercise of any J 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 that authority (I of 1872). l "ll-A.f 2J Bar of jurisdiction.- No suit or other proceedings sha ll lie in any Civil Court in respect of any matter which the Provincial G overnmen t or any Officer or authori ty is empowered f ,y or under this Act, or the orders made thereunder to determine, :- ud no injunction c r processs or l :>rder shall b..- ~ranted by such Court in re:::pect of :my ~ction taken or to be taken in exercise of any Jower conferred by or under this Act or t he orders made -:.hereunder". 12. Where any person is prosecuted for contravening any order made under section 3 which ~urderla~t proof prohibits him from doing an act'or being in possession of a thing without lawful authority or without a m c:e 121 c:uea. ~O:,ermit, licence or other document, the burden of proving that he has such authority, permit, licence or (2)ther document, shall be on him. 13. (l) No suit, prosecution or other legal proceedings shall lie against any person fo~ anything Pr~tri!ion tak~~ ~hich is, in good faith, done or intended to be done in pw·suance of any order made under section 3. !nder the Act. (2) No suit or other legal proceedings shall lie against the Government for any damage caused )r likely to be caused by anything which is in good faith, done or intended to be done in pursuance )f any order made under Section 3. ... s r .., ,, s ~ \ I\ ) 14. The foUowing enactments are hereby repealed, namely : (1) The Bahawalpur Foodgrains Control Act, 1947. (2) The Bahawalpur Control of Essential Supplies Commodities Act, I 948, Bahawalpur Act 111 of 1948. (3) The West Pakistan Foodstuff (Control) Ordinance, 1957 West Pakistan Ordinance Xl of 1957. (lJ Section 6-A added vicle N.-W. F . P. Ordinance No. Ill oi 1971 issued on 22nd December. 1978. (2) Section 11-A added uicle West Pakistan Food5tuif11 (Control) (N.-\V. F. P. Amendment) Act, 1977 (Act No. XIll of 1977). R epeal. s '· }. 1. 2. 3. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27 . 28. 29. 30. ( 31. I 32. } 33. F 34. F 35. E (1) P. dated 8th Ja LIST OF COMMODITIES AND CLASSES OF COMMODITIES DECLARED BY THE GOVER NMENT UNDER CLAUSE (A) OF SECTION 2 OF THE WEST PAKISTAN FOOD STUFFS (CONTROL) ACT, 1958 (ACT NO. XX OF 1958) AS FOOD-STUFFS FOR THE PURPOSES OF THE SAID ACT. Serial No. Name of Commodity Notification No. and Date l. Wheat, wheat atta, maida, rawa and suji 2. Rice and Paddy 3. Sugar 4. Sugar-cane 5. Gur 6. Preparations of the commodities already declared as Food-stuffs under the West Pakistan Foodstuffs (Control) Act, 1958. 7. Fish 8. Pulses and their preparations 9. Gram and its preparations 10. Deleted (1) 11. Deleted (1) 12. Meat (Mutton and Beef) 13. Bread (Double Roti and Tandoori Roti) 14. Deleted (I) 15. Vegetables 16. Fowls and Eggs. 17. Milk (Skimmed and whole) 18. Butter and Cream 19. Ghee (Pure Ghee and Vegetable Ghee) .. 20. Jawar 21. Bajra 22. Rice Atta. 23. M aize 24. Bran 25. Shakkai 26. Khand Sari 27. Sugar beet. 28. Tandori Roti 29. Brewed Tea 30. Curd 31. Jee 32. Aerated Water 33. Fruits Squashes 34. Fruits 35. Edible Oil Section 2 (a) of the Act. Ditto. Ditto. Notification No. 13 (18) SOF (Sugar)/61, dated ' 8th August, 1961. Ditto. Notification No. SOF-1-1-61 /64, dated 20th July, 1964. Ditto. Ditto. Ditto. Ditto. Ditto. SOF-1-61 /64, dated 3rd October, 1964. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. SOF-1 (Licensing) 34/66,dated 26th August,! 966. Ditto. SOF-ll (149)/62, dated 24th November, 1966. SOF-I (Licensing) 34/67, dated 18th February, 1967. SOF-1 (1) Licensing (16)/67, dated 22nd May, 1967. SOP (1) Licensing-9 (41)/66, dated 20th June, 1968. Ditto. SOF (Sugar) 6 (46)/69, dated 19th August, 1969. 6963/FG-237/XIII, dated 22nd August, 1975. 15465/FG/237-KW-IV, dated 20th November, 1977. Ditto. 14972/FG/237-KW-IV-, dated 16th July, 1978. No. 4049/FG8-237-K-W-KC, dated 12th July, 1979. Ditto. Ditto. Ditto. (l} Pan and Aerated water, fruit and fruit Squashes ceaaed to be foodstuff, vide Notification No. SOF-IV-X-67/44, dAted 8th Jaly, 1967.