THE
PUNJAB PRICE CONTROL OF ESSENTIAL COMMODITIES ACT 2024
(Act VII of 2024)
C O N T E N T S
Section Heading
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of Price Control Council.
4. Powers to make orders.
5. Provincial Controller General, his powers and functions.
6. Fixation of prices.
7. Selling or re-selling of essential commodities.
8. Disposal of seized essential commodity.
9. Supply of information.
10. Penalties.
11. Cognizance of offences.
12. Appeal.
13. Attempts and abetments.
14. Offences by corporations.
15. False statement.
16. Power to try offences.
17. Burden of proof in certain cases.
18. Protection of action taken under the Act.
19. Power to make rules.
20. Power to frame regulations.
21. Power to amend Schedule.
22. Overriding effect.
23. Repeal and Saving.
SCHEDULE
[1]THE PUNJAB PRICE CONTROL OF ESSENTIAL
COMMODITIES ACT 2024
(ACT VII OF 2024)
[14th June 2024]
An Act to provide for price
control of essential commodities in the Punjab.
It is necessary to make
provisions for providing effective mechanism for fixation of prices of
essential commodities; to control artificial price hike and profiteering of
essential commodities in the Punjab; and, for the matters ancillary thereto.
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 Price Control of Essential Commodities Act 2024.
(2) This Act extends to the whole of the
Punjab.
(3) This Act shall come into force at once.
2. Definitions.– In the Act:
(a)
“Act” means the Punjab Price Control of Essential
Commodities Act 2024;
(b)
“Code” means the Code of Criminal Procedure, 1898 (V
of 1898);
(c)
“Controller of Prices and Supplies” means the Deputy
Commissioner of the relevant District;
(d)
“Council” means the Price Control Council established
under section 3 of the Act;
(e)
“District Price Control Committee” means the District
Price Control Committee notified by the Controller of Prices and Supplies in
his respective jurisdiction;
(f)
“dealer” means a person carrying on, whether in
conjunction with any other business or not, the business of selling any
essential commodity, whether wholesale or retail;
(g)
“essential commodity” means any of the commodities or
classes of commodities mentioned in the Schedule;
(h)
“Government” means Government of the Punjab;
(i)
“importer” means a person importing into Pakistan,
whether under an import licence granted by the
Federal Government or otherwise, any essential commodity from outside Pakistan,
but does not include a person importing any essential commodity as part of his
personal baggage;
(j)
“order” means an order issued under the Act;
(k)
“prescribed” means prescribed by the rules and
regulations made or framed under the Act;
(l)
“producer” means a person engaged in the manufacture
or production of any essential commodity;
(m)
“Province” means the Province of the Punjab;
(n)
“Provincial Controller General” means the Provincial
Controller General as provided in section 5 of the Act;
(o)
“regulations” means the regulations framed under the
Act;
(p)
“rules” means the rules made under the Act;
(q)
“Schedule” means the Schedule appended to the Act; and
(r)
“Secretary” means the Secretary to the Government.
3. Establishment of Price Control Council.– [2][(1) There
shall be a Price Control Council comprising of:
(a) |
Minister for Price Control and Commodities
Management or any public representative nominated by the Chief Minister. |
Chairperson |
(b) |
Minister for Agriculture. |
Member |
(c) |
Minister for Industries, Commerce and Investment. |
Member |
(d) |
three
members of Provincial Assembly of the Punjab including one female member to
be nominated by the Speaker of the Assembly. |
Members |
(e) |
Chief Secretary, Punjab. |
Member |
(f) |
Secretary to the Government, Home Department. |
Member |
(g) |
Secretary to the Government, Price Control and
Commodities Management Department. |
Member |
(h) |
Secretary to the Government, Agriculture
Department. |
Member |
(i) |
Secretary to the Government, Livestock and Dairy
Development Department. |
Member |
(j) |
Secretary to the Government, Industries, Commerce
and Investment Department. |
Member |
(k) |
Chairperson, Punjab Agricultural Marketing
Regulatory Authority. |
Member |
(l) |
Chairperson, Punjab Sahulat
Bazaars Authority. |
Member |
(m) |
three experts in the fields, as may be prescribed
through the regulations, to be nominated by the Chief Minister. |
Members |
(n) |
three commodity-specific representatives of the
stakeholders, nominated by the Chairperson. |
Members |
(o) |
any other co-opted
member. |
Member |
(p) |
Director General (Commodities), Price Control and
Commodities Management Department. |
Secretary / Member.] |
(2) The Council, in addition to the powers
provided under section 4, shall:
(a) obtain information regarding prices of
essential commodities prevailing in various markets;
(b) review the prices of essential commodities
fixed under the Act;
(c) monitor the action taken under the Act for
the purposes of price control; and
(d) issue directions and orders to ensure
implementation of the provisions of the Act.
[3][(3) The Directorate General (Commodities),
Price Control and Commodities Management shall be the secretariat of the
Council.]
4. Powers to make orders.– (1) The Council
itself or through the Provincial Controller General, any authorized officer or
Controller of Prices and Supplies, for specific essential commodities, so far
as it appears to it to be necessary or expedient for securing equitable
distribution of an essential commodity and its availability at fair prices,
may, by an order, provide for regulating the prices, production, movement,
transport, supply, distribution, disposal and sale of the essential commodity and for the
price to be charged or paid for it at any stage of transaction therein.
(2)
Without prejudice to the generality of the powers
conferred by sub-section (1), an order may provide:
(a)
for controlling the prices at which any essential
commodity may be bought or sold in any area;
(b)
for regulating the production, treatment and keeping
of any essential commodity;
(c)
for regulating, by licences,
permits or otherwise, the transportation, movement and distribution in the
Province of an essential commodity;
(d)
for prohibiting the withholding of sale of an
essential commodity ordinarily kept for sale;
(e)
for requiring any person holding stock of essential
commodity to sell in whole or a specified part of the stock at such price, to
such persons or class of persons and under such conditions as may be specified
in the order;
(f)
for fixing the maximum quantity of any essential
commodity which may at any time be possessed by a producer or dealer;
(g)
for collecting any information or statistics with a
view to regulating or prohibiting any of the matters aforesaid;
(h)
for requiring persons engaged in any of the matters
aforesaid in respect of any essential commodity to maintain and produce for
inspection of such books, accounts and records relating to their business and
to furnish such information relating thereto, as may be specified in the order;
(i)
for requiring every importer, producer, dealer,
wholesaler and retailer to mark the essential commodities with the sale prices
and to exhibit on his premises a price list of the essential commodities held
by him for sale;
(j)
for any incidental and supplementary matters,
including in particular the entering and search of premises, vehicles and
vessels and seizure by a person authorized to make such search of any article
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 record
connected therewith, the grant or issue of licences,
permits or other documents and the charging of fees therefor; and
(k)
for seizure and forfeiture of stock of essential
commodities and sealing of the business place or premises found in
contravention of the provisions of the Act subject to providing opportunity of
being heard and recording reasons in writing: provided that the provisions of
the Code shall not be applicable on search, seizure and forfeiture under the
Act.
5. Provincial Controller General, his
powers and functions.– (1) The Secretary, [4][Price Control and
Commodities Management] Department shall be the Provincial Controller General
for the purposes of the Act.
(2)
The Provincial Controller General may, by an order,
authorize any officer of the Government to exercise his powers and functions
within any specific area and with regard to any specific essential commodity or
class of commodities, as he may deem fit.
(3)
A Deputy Commissioner shall be the Controller of
Prices and Supplies in his respective District and exercise the powers and
functions of Provincial Controller General in his respective jurisdiction.
(4)
For the purpose of exercising powers and performing
functions under the Act, the Provincial Controller General or any officer
authorized by him or Controller of Prices and Supplies in consultation with the
District Price Control Committee notified by him, in his respective
jurisdiction, may:
(a)
seek monthly or periodical statement or record from a
producer, dealer, importer or their representatives as and when required;
(b)
enter and search any premises of any trade association
and verify the information provided by such association;
(c)
seek documents or record from any source for the
purposes of order under the Act and such source shall provide the necessary
assistance;
(d)
fix the price of an essential commodity for any
category or tier of available brands in the case of differentiated commodities,
after completing the procedure as may be required by the Provincial Controller
General or any officer authorized by him or Controller of Prices and Supplies;
(e)
seek record and assistance of any relevant organization
either Federal or Provincial for the purpose of fixation of the price of
essential commodities, if deems necessary; and
(f)
search, seize and forfeit stock of essential
commodities and seal the business place or premises found in contravention of
the provisions of the Act, subject to providing opportunity of being heard and
recording reasons in writing: provided that the provisions of the Code shall
not be applicable on search, seizure and forfeiture under the Act.
6. Fixation
of prices.– (1) Subject to such
directions as may be passed by the Council, the Provincial Controller General
or any officer authorized by him or Controller of Prices and Supplies, may by
an order fix the specific maximum prices of essential commodities and different
prices may be fixed for different localities or at different stages of
transaction and the period for which it is being fixed for any essential
commodity or classes of commodities.
(2)
The Provincial Controller General or any officer
authorized by him or Controller of Prices and Supplies may review the prices so
fixed or extend the period of the order under sub-section (1) if the
circumstances so demand, by recording reasons in writing.
7. Selling or re-selling of essential
commodities.– No person shall sell
or re-sell any essential commodity at a price higher than the maximum price so
fixed and such person shall display a list of fixed prices of essential
commodities at conspicuous place of his sale point.
8. Disposal of seized essential commodity.– (1) Notwithstanding
anything contained in any other law for the time being in force and in addition
to the prosecution under the Act, the essential commodities seized under the
Act may be sold by an officer who seized the essential commodities, on the spot
at the prices fixed for such essential commodities under the Act.
(2) The sale proceeds so collected under
sub-section (1) shall be deposited in a profit bearing bank account in any
Scheduled Bank empowered to receive Government dues and if the accused person
whose essential commodity is sold is:
(a) acquitted of an offence, the deposited
amount shall be released to the said accused person; or
(b) convicted of an offence, the deposited
amount shall be forfeited to the Government.
9. Supply of information.– Every dealer,
importer, producer or seller shall supply to the Provincial Controller General
or any officer authorized by him or Controller of Prices and Supplies such
information regarding the production, import, purchase, stock, sale or
distribution of any of the essential commodities as the Provincial Controller
General or any officer authorized by him or Controller of Prices and Supplies
may, by an order in writing, require.
10. Penalties.– (1) Any
person who contravenes any order made under the Act, shall be punishable with
imprisonment for a term which may extend to three years or with fine which may
extend to five hundred thousand rupees or with both.
(2) Any
person convicted for an offence punishable under the Act, if convicted again
for an offence under the Act, the punishment under sub-section (1) shall not be
less than one month or fine shall not be less than forty-five thousand rupees
or both and the business premises of such person may also be sealed for a
maximum period of seven days.
11. Cognizance of offences.– The offences under the
Act shall be cognizable and non-bailable.
12. Appeal.– (1) Any producer, dealer, importer, or seller if aggrieved by an order of the
Controller of Prices and Supplies may prefer an appeal within seven
working days of the passing of such order, to the relevant Divisional
Commissioner and the order passed by such Divisional Commissioner shall be
final.
(2)
Any producer, dealer,
importer, or seller if aggrieved by any order of the Provincial Controller
General or any officer
authorized by him, may prefer an appeal
within fifteen working days of the passing of order, to the appellate committee
constituted by the Council and the order passed by such appellate committee
shall be final.
13. Attempts and abetments.– Any person who
attempts to contravene, or abets a contravention of, any order made under the
Act shall be deemed to have contravened the order:
Provided that a person
who buys an essential commodity for his personal consumption or use and not for
sale, he shall not be deemed to have abetted the contravention of such order.
14. Offences by corporations.– If the person
contravening an order made under the Act is a company or other body corporate
or a partnership or other body of individuals, every director, manager,
secretary, member or other officer or agent 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.
15. False statement.– A person shall be
punished with imprisonment for a term which may extend to three years or with
fine, or with both, if he:
(a)
when required by an order made under the Act to make a
statement or furnish any information makes any statement or furnishes any
statement 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
(b)
makes any statement as aforesaid in any book, account,
record, declaration, return or other document which he is required by any such
order to maintain.
16. Power to try offences.– (1) The offences
punishable under the Act shall be tried by a Special Magistrate appointed under
section 14A of the Code either in a summary manner as provided in sections 262
to 265 of the Code or under Chapter XX of the Code.
(2) If a
Special Magistrate has reason to believe that any offence punishable under the
Act has been committed by any person, he may enter the place or premises where
the offence has been committed and try the offences as provided in sub-section
(1).
17. Burden of proof in certain cases.– Where any person is
prosecuted for contravening any order made under the Act which prohibits him
from doing an act or being in possession of a thing without lawful authority or
without a permit, licence or other document, the burden of proving
that he has such authority, permit, licence or other
document shall be on him.
18. Protection of action taken under the Act.– No suit, prosecution
or other legal proceeding shall lie against Provincial Controller General or
any officer authorized by him or Controller of Prices and Supplies for anything
which is in good faith done or intended to be done in pursuance of any order
made under the Act.
19. Power to make rules.– The Government may, by
notification in the official Gazette, make rules for carrying out the purposes
of the Act.
20. Power to frame regulations.– Subject to the Act and the rules, the Council may, by notification in
the official Gazette, frame regulations.
21. Power to amend Schedule.– The Council may, by
notification in official Gazette, amend the Schedule.
22. Overriding effect.– Any order made under
the Act shall have effect notwithstanding anything inconsistent therewith
contained in any enactment other than the Act or any instrument having effect
by virtue of any enactment other than the Act.
23. Repeal and Saving.–
(1) The Punjab Price Control of
Essential Commodities Ordinance 2023 (V of
2024) is hereby repealed.
(2) Notwithstanding
the repeal under sub-section (1) all actions taken under the repealed Ordinance
shall be deemed to have been taken under the Act.
SCHEDULE
[see section 2(q)]
1.
White sugar.
2.
Wheat.
3.
Atta or Maida and its products.
4.
Gur.
5.
Paddy.
6.
Milk.
7.
Curd or Yogurt.
8.
Beef.
9.
Mutton.
10.
Chicken (Live & Meat).
11.
Eggs.
12.
Poultry feed.
13.
Fish of all sorts.
14.
Fruits and vegetables of all sorts.
15.
Pulses of all sorts.
16.
Spices of all sorts.
17.
Red chilies.
18.
Chemical fertilizer of all sorts.
19.
Phutti (Seed
cotton).
20.
Corn.
21.
Pulses as farm produce.
22.
Gram (white and black) and its products.
23.
Edible oil seeds.
24.
Cotton (Lint).
25.
Seeds of all sorts.
26.
Pesticide, Fungicide, weedicide and
herbicide.
27.
Oxygen gas and cylinder.
28.
LPG and LNG for domestic use.
29.
Surgical gloves.
30.
Face masks all sorts.
31.
Sanitizers.
32.
Surface cleaning products.
33.
Isopropyl alcohol.
34.
Edible oil and ghee of all sort.
35.
Coal.
36.
Bricks.
37.
Cement.
38.
Ordinary sand.
39.
Crush bajri.
40.
Mineral water and filtered water.
41.
Salt.
42.
Kerosene oil.
43.
Firewood.
44.
Ice.
45.
Tea.
46.
Naan Roti.
47.
Bread (Double Roti).
48.
Dates (Khajoor).
49.
Samoosa.
[1]This Act was passed by Provincial Assembly
of the Punjab on 10 June 2024; assented to by the Governor of the Punjab on 14
June 2024; and was published in the Punjab Gazette (Extraordinary), dated 14 June
2024, Pages: 4763-69.
[2]Substituted by the Punjab Price Control of
Essential Commodities (Amendment) Act 2025 (LXIX of 2025), for the following:
“(1) There shall be a Price Control Council
comprising of:
(a)
Minister for
Industries, Commerce, Investment and Skills Development; |
Chairperson |
(b)
Minister for Agriculture; |
Member |
(c)
Minister for Food; |
Member |
(d)
Chief Secretary,
Punjab; |
Member |
(e)
Secretary, Home
Department; |
Member |
(f)
Secretary,
Industries, Commerce, Investment and Skills Development Department; |
Member/ Secretary |
(g)
Secretary,
Agriculture Department; |
Member |
(h)
Secretary, Livestock
and Dairy Development Department; |
Member |
(i)
Secretary, Food
Department; and |
Member |
(j)
such other member as
the Chairperson may deem fit. |
Member” |
[3]Added by the Punjab Price Control of
Essential Commodities (Amendment) Act 2025 (LXIX of 2025).
[4]Substituted for the expression “Industries,
Commerce, Investment and Skills Development” by the Punjab Price Control of
Essential Commodities (Amendment) Act 2025 (LXIX of 2025).