Punjab Prevention of Hoarding Ordinance 2020
LAHORE TUESDAY APRIL 21, 2020
GOVERNMENT OF THE PUNJAB LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT
NOTIFICATION 21 April 2020 No. Legis:13-09/2020: The following Ordinance promulgated by Governor of the Punjab is hereby published for general information:
THE PUNJAB PREVENTION OF HOARDING ORDINANCE 2020
(VI OF 2020)
to provide for the prevention of hoarding in respect of certain article. 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. Provincial Assembly of the Punjab is not in session and Governor of the Punjab is satisfied that circumstances exist which render it necessary to take immediate action. In exercise of the powers conferred under clause (I) of Article 128 of the Constitution of the Islamic Republic of Pakistan, Governor of the Punjab is pleased to make and promulgate the following Ordinance:
1. Short title, extent and commencement.- (I) This Ordinance may be cited as the Punjab Prevention of Hoarding Ordinance 2020. (2) It extends to whole of the Punjab. (3) It shall come into force at once.
2. Definitions.- In this Ordinance: (a) “article” means any of the articles specified in the Schedule to this Ordinance;
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THE PUNJAB GAZETTE (EXTRAORDINARY) APRIL 21, 2020
(1) “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”: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 (111 of 2017) or such other officer as may be authorized by a Deputy Commissioner In this behalf; and “prescribed” means prescribed by rules made under this Ordinance. 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 fay 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,- (I) 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 Ordinance, 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 premises under subsection (1), if articles are found at such premises in contravention of any of the provisions of this Ordinance, 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 Ordinance. 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 Ordinance, the officer may sell the articles seizes under section 4, by auction in the manner as may be prescribed.