The West Pakistan Foodstuffs (Control) Act, 1958.
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Main Category: | Acts | ||||||||||||||||||||||||||||||||||
Specific Category Name: | Control | ||||||||||||||||||||||||||||||||||
Year | 1958 | ||||||||||||||||||||||||||||||||||
Promulgation Date: | 23-04-1958 | ||||||||||||||||||||||||||||||||||
Details: | THE WEST PAKISTAN FOODSTUFFS
(CONTROL) ACT, 1958. (W. P. ACT XX OF 1958) CONTENTS. PREAMBLE SECTIONS: 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. 6.A Disposal of property for feited
Government. 7.
Attempts and abetments. 8.
Offences by corporation. 9.
False statement. 10.
Cognizance of Offences. 11.
Presumption as to Orders. 11.A Bar of jurisdiction. 12.
Burden of proof in certain cases. 13.
Protection of action taken under
the Act. 14.
Repeal.
THE
WEST PAKISTAN FOODSTUFFS (CONTROL) ACT, 1958. (West
Pakistan Act XX of 1958)[1]
and distribution of, and trade and commerce
in, foodstuffs
It is hereby enacted as follows:—
[2][(2)
It extends to the whole of [3][Province
of the Khyber Pakhtunkhwa] except, the Tribal Areas].
(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[4] 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 [5][Khyber
Pakhtunkhwa], and
(2) Without prejudice to the
generality of the powers conferred by sub-section(l) an order made there under
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 foodstuff may be bought or sold; (c)
for regulating by licences, permits
or other-wise, 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; (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.
(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 subsection (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.
(i) when
required by an order made under section 3 to 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,
[8](2)
Government may, by notification in the official Gazette, direct that all or any
of the offences or class of offences under this Act shall be tried in summary
way in accordance with the procedure prescribed by Chapter XXTI of Code of
Criminal Procedure, 1898 (V of 1898].
(2) Where an order purports to have been made and
signed by an 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 that authority.
(2) 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.
(1) The
Bahawalpur Food grains Control Act, 1947; (2) The
Bahawalpur Control of Essential Supplies Commodities Act, 1948, (3) The,
West Pakistan, Foodstuffs (Control) Ordinance, 1957. [1] For Statement of Objects and Reasons see Gazette of West Pakistan 1957 Extra-ordinary PP. 412 and 413. [2] Subs, by W. P. Ord. VIII of 1963. [3] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [4] For Notification in respect of commodity see Food and Agriculture Department Notification No. 7627-(FI)-F & V-56/676 "dated" 27th January, 1958. [5] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [6] Added by Khyber Pakhtunkhwa Ord. No. IX of 1971. [7] Section 10 re-numbered as sub-section (1) and sub-section (2), ins. by Khyber Pakhtunkhwa Ord. XXI1 of 1978. [8] Section 10 re-numbered as sub-section (1) and sub-section (2), ins. by Khyber Pakhtunkhwa Ord. XXI1 of 1978. [9] Section 11-A, ins. by Khyber Pakhtunkhwa Act XIII of 1977, .. 2. |