KARACHI, Oct 6: The governor of Sindh has issued an ordinance for controlling price control and prevention of profiteering and hoarding of essential commodities. The ordinance called as ‘Sindh Essential and Commodities Price Control and Prevention of Profiteering and Hoarding Ordinance 2005’ will come into force at once.
According to the ordinance, the Deputy District Officer (Revenue) will be responsible to check prices, stock and record of essential commodities.
He shall also be responsible for the implementation of the ordinance under the supervision of the Executive District Officer (Revenue).
The EDO (Revenue) may give directions and instructions to the District Officer (Revenue) and the Deputy District Officers (Revenue) as he deems fit for proper implementation of the ordinance.
Under the ordinance, the government may through a notified order provide for regulating prices, production, movement, transport, supply, distribution, disposal and sale of essential commodities.
The ordinance provides for regulating the production, treatment and keeping of any essential commodity; regulating, by license, permit or otherwise, the transport movement and distribution between the districts of an essential commodity.
It prohibits the withholding of sale of an essential commodity ordinarily kept for sale.
It also requires any person holding stock in a district of an essential commodity to sell in another district the whole or a specified part of the stock at such price, to such persons or class of persons and under conditions as may be specified in the order.
The ordinance also provides for fixing maximum quantity of any essential commodity, which may at any time be possessed by a producer by a producer or dealer and for collecting any information or statistics with a view to regulating or prohibiting any of the matters aforesaid;
Furthermore, it requires persons engaged in any of the matters aforesaid to maintain and produce for inspection records relating to their business, and to furnish such information relating thereto.
The ordinance requires producers and dealers to mark essential commodities with the sale prices and exhibit, on their premises, a price list of the essential commodities held by him for sale.
The ordinance allows authorized inspectors to enter and search premises or any article of essential commodities according to which he believes a contravention of the ordinance has been, is being or is about to be committed.
Under the Ordinance, the government may also delegate powers conferred on it by or under the ordinance to such officer or authority subordinate to the government.
Any order made under Section 3 of the ordinance shall have effect, notwithstanding anything inconsistent therewith contained in any enactment other than this ordinance.
The district controller may, by notification in the official gazette, fix specific maximum prices of essential commodities and different prices may be fixed for different localities or for different classes or categories of any essential commodities.
No person shall sell or re-sell any essential commodity at a price higher than the maximum price fixed.
Every dealer, or producer shall supply to the district controller such information regarding production, purchase, stock, sale or distribution of any essential commodity as the district controller may require.
Any person, who contravenes any order made under Section 3 or a notification issued, or order made under Section 7 shall be punished with imprisonment up to three months or fine up to Rs10,000 or both.
Any person, who attempts to contravene or abets a contravention of any order made under section 3 shall be deemed to have contravened the order.
If the person contravening an order is a company or other corporate body, etc every director, manager, secretary, member or other officer or agent thereof shall be deemed to be guilty of such contravention unless he proves so.
No court shall take cognizance of an offence under the ordinance except by a complaint in writing by the concerned inspector.
If any inspector finds any person committing an offence, he may charge such person on the spot by issuing a ticket for payment of fine specified in the ticket.
A person charged with an offence shall unless, he contests the charge before the court having jurisdiction, pay within 10 days from the date of delivery of the ticket to him.
If the fine is not paid, the inspector issuing the ticket shall lay a complaint against the offender before the court having jurisdiction.
The inspector shall maintain a record of the tickets issued, complaints, recovery of fines, etc. He shall furnish monthly reports on the 10th day of each month.
The inspector shall be provided police assistance by the station house officer of the concerned police station to enforce the provisions of this ordinance, if the situation so warrants.
The government may, by notification, in the official gazette, make rules for carrying out the purposes of the ordinance.
The list of essential commodities include fresh milk, powdered milk, beef, mutton, chicken meat, milk for infants, white sugar, tea, edible oils including ghee, aerated water, fruit juices and squashes, vegetables, fruits, fish, eggs, pulses all sorts, wheat flour, rice, red chillies, spices all sorts (packed and un-packed), bakery items including nimco.
The ordinance provides for the punishment for various offences as under: failure to display pricelist of essential commodities, Rs500 for wholesalers, Rs200 for retailers and Rs100 for pushcart vendors; failure to declare stock of essential commodities, Rs500.
A ticket can also be issued if the following essential commodities are sold at prices higher than that notified: fresh milk Rs500; beef and mutton Rs500; chicken, fish and eggs Rs500; pulses, rice, wheat flour, sugar, powdered milk, tea, spices, edible oils including ghee, Rs500 for wholesalers and Rs200 for retailer; bakery items including nimco Rs500 for wholesalers and Rs200 for retailers; vegetables and fruits Rs200 for shops and Rs100 for pushcart vendors.—APP
