THE
PUNJAB PREVENTION OF HOARDING ACT 2020
(Act XV
of 2020)
C O N T E N T S
Section Heading
1. Short
title, extent and commencement.
2. Definitions.
3. Offence
of hoarding.
4. Power
to search for and seizure of article.
5. Power
to auction seized articles.
6. Cognizance
of offence and arrest without warrant.
7. Offences
by corporations etc.
8. Power
to try offences summarily.
9. Appeal.
10. Reward
for informers.
11. Information
and declarations.
12. Offences
in respect of false reporting and failure to disclose information.
13. Protection
of action taken under the Act.
14. Action
in aid of an officer.
15. Power
to make rules.
16. Act
to override other laws.
17. Power
to amend Schedule.
18. Repeal.
SCHEDULE
[1]THE
PUNJAB PREVENTION OF HOARDING ACT 2020
ACT XV OF 2020
[11th
August 2020]
An Act to provide for the prevention of hoarding in respect
of certain articles.
It is expedient to provide for the prevention of
hoarding in respect of scheduled articles in an emergent situation resulting
from the outbreak of the Corona virus pandemic (COVID-19) and for matters
connected therewith and ancillary thereto.
Events of hoarding contribute to adversities, in
geometric progression, to the people at large, especially in circumstances of
partial or complete lock-down.
Be it enacted by Provincial Assembly of the Punjab as
follows:
1. Short title, extent and commencement.– (1) This Act may be cited
as the Punjab Prevention of Hoarding Act 2020.
(2) It extends to whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.– In this Act:
(a)
“article” means any of the articles specified in the
Schedule to this Act;
(b)
“Code” means the Code of Criminal Procedure, 1898 (V
of 1898);
(c)
"dealer" means any person, trader,
partnership firm, whether registered or unregistered, an association or body of
persons or individuals, or a company, or their agents carrying on the business
of purchasing, selling or stocking of any article and includes a manufacturer,
producer, packager, importer, exporter, wholesaler or retailer of such article;
(d)
“Government” means Government of the Punjab;
(e)
“hoard” or “hoarding”:
(i) means stocking or storing anything in
excess of the maximum quantity of articles allowed to be held in stock or
storage, in the manner as may be prescribed; or
(ii) where no maximum quantity of an article
is prescribed under sub-clause (i), “hoard” or “hoarding” shall mean stocking
or accumulation of articles without offering such articles for sale, despite
there being a demand by consumers;
(f)
“officer” means a Deputy Commissioner as defined under
the Punjab Civil Administration Act 2017 (III of 2017) or such other officer as
may be authorized by a Deputy Commissioner in this behalf; and
(g)
“prescribed” means prescribed
by rules made under this Act.
3. Offence of hoarding.– (1) Any dealer who is found
to hoard any article shall be guilty of an offence punishable with simple
imprisonment up to three years and fine equivalent to fifty percent of the
value of the articles involved in the case.
(2) The value of articles for the purposes of subsection (1)
shall be determined in the manner as may be prescribed.
4. Power to search for and seizure of article.– (1) 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 article, accounts, registers or any other related items or
things.
(2) Upon
entry in and search of a premises under subsection
(1), if articles are found at such premises in contravention of any of the
provisions of this Act, the officer shall immediately seize the same and
prepare a detailed report of the articles and other relevant material found
during the search.
(3) The
provisions of the Code shall not be applicable on search and seizure under this
Act.
5. Power to auction seized articles.– (1) 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 articles seized under section 4, by auction in the
manner as may be prescribed.
(2) The
proceeds collected under subsection (1) shall be deposited in a profit bearing
bank account in the National Bank of Pakistan, and if:
(a) the accused
person whose articles are auctioned is acquitted of an offence under section 3,
the deposited amount along with the profit shall be released to the said
accused; or
(b) the accused
person whose articles are auctioned is convicted of an offence under section 3,
the deposited amount along with the profit shall be released into the
Government exchequer.
6. Cognizance of offence and arrest without warrant.– (1) Notwithstanding
anything contained in the Code, all offences punishable under this Act shall be
cognizable and non-bailable.
(2) The
Special Magistrate under section 8 shall take cognizance of an offence under
this Act, upon written information by the officer.
(3) An
officer may arrest any person without warrant against whom there is credible
information that he has committed an offence under this Act.
7. Offences by corporations etc.– If an offence under this Act is committed by a
company or body corporate or a partnership firm or other association or body of
persons or individuals, every director, partner, manager, secretary, member or
other officer, the principal, primary or beneficial owner or agents thereof
shall, unless he proves that the contravention took place without his knowledge
or that he exercised all due diligence to prevent such contravention, be deemed
to be guilty of such contravention and shall be liable to punishment under this
Act.
8. Power to try
offences summarily.– (1) Notwithstanding
anything contained in section 260 of the Code, offences punishable under this
Act shall be tried by a Special Magistrate appointed under section 14A of the
Code in a summary manner as provided in sections 262 to 265 of the Code:
Provided that subsection (2) of section 262 of the
Code shall not apply to the trials of offences under subsection (1).
(2) The
trial under this Act shall be concluded within thirty days.
9. Appeal.– (1) A person aggrieved
by an order of conviction and sentence under this Act may file an appeal before
a District and Sessions Judge of the concerned District within thirty days of
the said order.
(2) An
appeal under subsection (1) shall be disposed of within thirty days.
10. Reward for informers.– Any person who provides an information to an officer
with regard to any act of hoarding, which results in a conviction and release
of funds into the Government exchequer, shall be entitled to an award
equivalent to ten percent of the amount released to the Government exchequer in
such manner as may be prescribed.
11. Information and
declarations.– (1) Every dealer shall provide to the concerned
officer, such information regarding production, import, export, purchase,
stock, sale or distribution of any of the articles as the officer may, by an
order in writing, require.
(2) The officer may direct the owner or
manufacturer of articles or owner 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 he may deem fit.
(3) The declaration to be made under
subsection (2), shall 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 articles.
(5) While carrying out the verification of
stock in terms of subsection (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 11, 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
articles, shall be guilty of an offence punishable with simple imprisonment up
to three years and fine up to rupees one million.
13. Protection of action taken under the Act.– (1) No suit,
prosecution or other legal proceedings shall lie against any person for
anything done in good faith under this Act.
(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.
15. Power to make rules.– The Government may, by notification in the official Gazette, make rules
to carry out the purpose of this Act.
16. Act to override other laws.– The provisions of this
Act shall have effect notwithstanding anything contained in any other law for
the time being in force.
17. Power to amend
Schedule.– The Government may, by notification in official
Gazette, amend the Schedule so as to add or omit from it any entry.
18. Repeal. The Punjab Prevention of Hoarding Ordinance 2020 (VI of
2020) is hereby repealed.
SCHEDULE
(See section 2)
1.
Tea
2.
White sugar
3.
Milk
4.
Powdered Milk
5.
Milk food for infants
6.
Edible Oils,
hydrogenated or otherwise
7.
Aerated water, fruit
juices and squashes
8.
Salt
9.
Potatoes
10.
Onion
12.
Fish all sorts
13.
Beef
14.
Mutton
15.
Eggs
16.
Gur
17.
Spices and vegetable
18.
Red Chilies
19.
Drugs and Medicines
20.
Kerosene Oil
21.
Matches
22.
Coal
23.
Chemical Fertilizers
all sorts
24.
Poultry Food
25.
Cement
26.
Phutti (seed cotton)
27.
Cotton (Lint)
28.
Cotton Seed all sorts
29.
Wool, shoddy or raw
30.
Caustic Soda
31.
Soda Ash
32.
Paddy
34.
Meat on Hoof
35.
Wheat Flour all sorts
36.
Surgical Gloves
37.
Face Masks
38.
N95 Masks
39.
Sanitizers
40.
Surface Cleaning
Products
41.
Isopropyl Alcohol
[1]This Act was passed by the Punjab Assembly on 15 July 2020;
assented to by the Governor of the Punjab on 28 July 2020; and was published in
the Punjab Gazette (Extraordinary), dated 11 August 2020;
pages 561-564.