• Fine amount will now be up to Rs200,000
• Authorised officer given powers to carry out search of business places without warrants
• 10pc of fine amount fixed as reward for information leading to conviction

KARACHI: The Sindh Assembly on Thursday unanimously passed ‘The Sindh Essential Commodities Price Control and Prevention of Profiteering and Hoarding (Amendment) Bill, 2023’, enabling authorised officers to carry out search at any place “without warrants to ensure efficient action” against profiteering and hoarding.

The clause-by-clause bill, moved by Parliamentary Affairs Secretary Ghanwer Ali Khan Isran, also enhanced the fine and imprisonment term for violators of the law.

According to the bill, the fine for not displaying the official price list of essential commodities at by producers or dealers at their outlet will now be up to Rs100,000. It will be up to Rs20,000 for such retailers (other than pushcart vendors), and up to Rs10,000 in the case of pushcart vendors.

The fine for sale of different commodities at a price higher than the notified/company rates has been increased up to Rs100,000.

As per the newly passed bill, the fine amount will be determined by an authorised officer and could vary depending upon the condition and seize of the business of the offender.

Search, arrest without warrants

A clause of the bill read: “When any authorized officer has reasonable grounds to suspect either upon receiving credible information or in his opinion that there has been a contravention of any of the provisions of the law, he may after recording in writing the grounds of his suspicion enter and search without any warrant.”

It added that upon entering and searching a place, if articles found at such place in contravention of any of the provisions of the act, the authorised officer may impose a fine and seize the material.

As per the bill, the accused person whose articles are seized may file an appeal before a special magistrate. All the offences punishable under the act shall be cognizable and non-bailable and the case will be tried in the special magistrate’s court.

It said that any person aggrieved by an order of conviction and sentence would be entitled to file appeal before a district and sessions judge within 30 days of the order.

Reward for information provider

The bill read that any person — other than a public office-holder, employee of federal or provincial government or their family member — who provided the information to an authorised officer with regard to any violation would be rewarded.

It said: “A person who provides information regarding act of hoarding, price hike and any violation which results in conviction and deposit of fine amount into government treasury shall be entitled to an award equivalent to 10 per cent of the amount of fine so recovered to government exchequer”.

Under the law, the dealers have been bound down to provide information regarding production, import, export, purchase, stock, sale or distribution of any of the articles as the inspector or the officer may require by an order in writing.

An authorised officer may direct the owner or manufacturer of articles or owner and management of godowns or storage places, shopkeepers or their agents to declare stocks of any particular item, owned or managed by them on their premises at any point of time or at such periodical intervals as he may deem fit.

As per the bill, the declaration to be made would include the quantity of stock, its value, date of purchase, copies of procurement invoices in any given timeframe, along with details of any sale or purchase agreements.

The authorised 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.

While carrying out the verification of stock in terms of sub-section (4) or upon receipt of any information from whatever source, the authorised officer may require the dealer, shopkeeper, owner or manager of a godown or storage place to furnish 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.

No queries in Question Hour

The assembly session started with a delay of nearly two-and-a-half hours with Speaker Agha Siraj Durrani in the chair.

Not a single question pertaining to the food department was taken up during the Question Hour due to the absence of the members who had submitted their written questions.

Leader of the Opposition Rana Ansar thanked the members of all opposition parties, including Pakistan Tehreek-i-Insaf dissidents, for voting for her appointment on her new position in the house.

The house was adjourned to Friday.

Published in Dawn, August 4th, 2023