Consumer Protection Law Punjab

THE PUNJAB FAIR PRICE SHOPS (FACTORIES) ORDINANCE, 1971   The Punjab Fair Price Shops (Factories) Ordinance, 1971, is a significant piece of legislation within the Punjab province of Pakistan that governs the establishment and regulation of fair price shops in factories. This ordinance is aimed at ensuring that factory workers have access to essential commodities at fair prices within the premises of factories, enhancing the welfare of workers and promoting industrial harmony.        Short title, extent and commencement. Definitions. Establishment of fair price shops. Keeping of sufficient stocks. Display of list of fair prices. Monthly quota for a worker. Purchase and procurement of essential articles. Sale of essential articles. Purchase of articles on credit basis. Constitution of Managing Committee. Functions of the Managing Committee. Appointment of Inspectors and Chief Inspector and their functions. Penalty. Cognizance and trial of offences. Indemnity. Exemption. Power to make rules. SCHEDULE   [1]THE PUNJAB FAIR PRICE SHOPS (FACTORIES) ORDINANCE, 1971 (Pb Ordinance XIII of 1971) [3 July 1971] An Ordinance to provide for the establishment of fair price shops in certain factories in the Punjab Preamble.— WHEREAS it is expedient to provide for the establishment and maintenance of fair price shops for the sale of certain articles of daily use at cheaper rates to the workers employed in certain factories in the Punjab; NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:- Short title, extent and commencement.— (1) This Ordinance may be called the Punjab Fair Price Shops (Factories) Ordinance, 1971. (2)       It shall extend to whole of the Punjab. (3)       It shall come into force on such date, in such areas and shall apply to such factories or class of factories as Government may, by notification in the official Gazette, specify in that behalf. Definitions.— In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say— (a)  “Chief Inspector” means a Chief Inspector appointed under section 12 of this Ordinance and includes a person appointed by Government to perform all or any of the functions of a Chief Inspector in any area; (b)  “collective bargaining agent” means a registered trade union of workers in a factory to act as agent or representative of workers in matters of collective bargaining with the employer and where there are more than one registered trade union in a factory, the trade union which as a result of a referendum held under section 22 of the Industrial Relations Ordinance, 1969, has been determined as a collective bargaining agent; (c)  “employer” means a person or body of persons whether incorporated or not, who or which employ workers in a factory and includes an owner, occupier, manager, agent, representative, or any other person who is ultimately in supervision, control and management thereof; (d)  “essential articles” mean articles mentioned in the Schedule to this Ordinance and include any other article which the Government may, by notification, declare to be an essential article for the purposes of this Ordinance; (e)  “factory” means any premises including a part thereof on which any manufacturing process is carried on with the aid of power but does not include a mine; (f)  “fair price” means the price at which an essential article is purchased or procured by the employer under section 7 of the Ordinance, or controlled price, if any, fixed by the Government for the same essential article, whichever is less, and where an essential article manufactured or produced in a factory is to be supplied by that factory for the fair price shop thereof, the ex-factory wholesale price of such article; (g)  “fair price shop” means a shop established and maintained by an employer in or near a factory for selling essential articles at fair price to the workers of his factory and includes any room or premises where stock of essential articles is kept or stored; (h)  “family” means— (i) wife or husband, as the case may be, and children of a worker; and (ii) parents, brothers and sisters of a worker residing with and wholly dependant upon him; (i)  “Government” means Government of the Punjab; (j)  “Inspector” means an Inspector appointed under section 12 of the Ordinance; (k)  “Managing Committee” means a Managing Committee constituted under section 10 of the Ordinance; (l)  “prescribed” means prescribed by rules framed under this Ordinance; and (m)  “worker” means a person, other than an employer, employed in a factory for doing any skilled, unskilled, manual or clerical work for hire or reward, and employed whether directly or through a contractor, on the terms of employment either expressed or implied and includes an apprentice and a laid off worker. Establishment of fair price shops.— Every employer of a factory to which this Ordinance is applied shall, within one month from the date of its application, establish and maintain a fair price shop for the workers of his factory: Provided that Government may, for sufficient reasons, by an order in writing extend the said period in respect of any factory or class of factories. Keeping of sufficient stocks.— An employer shall at all times keep and maintain or cause to be kept or maintained in the fair price shop sufficient stock and quantity of all essential articles to cater for the needs of the workers. Display of list of fair prices.— Every employer shall cause to be prepared in Urdu and displayed prominently inside and outside the fair price shop, lists showing the fair price of each and every essential article and no such article shall be sold or allowed to be sold at a price higher than the price entered therein. Monthly quota for a worker.— A worker may in a month buy from the fair price shop of the factory in which he is employed, such length, number or