THE PUNJAB FOODSTUFFS (CONTROL) ACT, 1958
THE PUNJAB FOODSTUFFS (CONTROL) ACT, 1958 The Punjab Foodstuffs (Control) Act, 1958, is a significant piece of legislation within the Punjab province of Pakistan that grants the government authority to regulate and control the production, distribution, storage, and sale of foodstuffs. This act is designed to ensure the availability of essential food items to the public at fair prices, maintain quality standards, and prevent hoarding, black marketing, and other practices that could lead to shortages or unfair pricing. SECTIONS CONTENTS 1. Short title, extent and commencement. 2. Definitions. 3. Powers to control supply, distribution, etc., of foodstuffs. 4. Delegation of powers. 5. Effect of orders inconsistent with other enactments. 6. Penalties. 7. Attempts and abetments. 8. Offences by corporation. 9. False statements. 9-A. Trials by Tribunal. 9-B. Constitution of Tribunals. 9-C. Powers of Tribunals. 9-D. Appeal. 9-E. Transfer of cases. 10. Offences and Procedure. 11. Bar of jurisdiction and reference to arbitration. 11-A. Presumption as to orders. 12. Burden of proof in certain cases. 13. Protection of action taken under the Act. 14. Repeal. THE PUNJAB FOODSTUFFS (CONTROL) ACT, 1958 (W. P. Act XX of 1958) 23th April 1958 An Act to provide for the continuance of powers to control the supply and distribution of, and trade and commerce in, foodstuffs Preamble : — 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 the Punjab; It is hereby enacted as follows : — Short title, extent and commencement : — (1) This Act may be called the Punjab Foodstuffs (Control ) Act, 1958. (2) It extends to the whole of the Punjab except the Tribal Areas. (3) It shall come into force at once. Definitions : — 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 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 Provincial Government of the Punjab; and (c) “notified order” means an order notified in the official Gazette. 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 provide : — (a) for regulating by licences, permits or otherwise the manufacture of any article of food from any foodstuffs; (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; (ff) for 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 fees therefor. 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 Act. Penalties : — (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 [1][9][Court or Tribunal] trying such contravention shall direct that any property in respect of which the Court 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
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