Govt circulates draft of ordinance to prevent hoarding

By Mumtaz Alvi
|
April 17, 2020

ISLAMABAD: In order to deal sternly with hoarders of essential commodities in the backdrop of the coronavirus pandemic, the government Thursday circulated the draft of the COVID-19 (Prevention of Hoarding) Ordinance, 2020 for Islamabad Capital Territory among the cabinet members, prior to the presidential nod to this effect.

This ordinance aims at protecting the citizens against hoarders and to ensure that there is no shortage of items of daily use in the market. It states that any dealer, who is found to hoard any scheduled articles shall be guilty of an offence punishable with simple imprisonment up to three years and fine equivalent to 50 percent of the value of the scheduled articles involved in the case.

The ordinance also provides rewards for informers in case their information leads to conviction of a hoarder where 10 percent of the auction proceeds of the hoarded articles will be given to the informer as reward.

It empowers the special magistrate under Section 8 to take cognisance of an offence under the ordinance, upon written information by the office. An officer may arrest any person without warrant against whom there is credible information that he has committed an offence under this ordinance.

The ordinance stipulates that if an offence under this ordinance is committed by a company or body corporate or a partnership or other association or body of persons or individuals, every director, 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 ordinance.

The scheduled items listed in the ordinance include tea, sugar, milk, powdered milk, milk and food for infants, edible oil, aerated water, fruit juices and squashes, salt, potatoes, onions, pulses, fish, beef, mutton, eggs, gur, spices and vegetables, red chilli, medicinal drugs, kerosene, rice, wheat, flour, chemical fertilisers, poultry food, surgical gloves, face masks, N95 masks, sanitizers, surface cleaning products, pesticides, match stick and isopropyl alcohol.

The ordinance enables the deputy commissioner Islamabad or his authorised officer to search any premises and seize articles that are suspected to be hoarded. Seized articles can be auctioned and money so collected will be deposited in the exchequer. Moreover, the ordinance will be applicable to individual dealers and corporations both. Special magistrate will be bound to complete the trial within 30 days under this ordinance. Aggrieved party can appeal before a district and sessions judge of Islamabad.

Every dealer will be bound to provide information regarding production, import, export, purchase, stock, sale or distribution of any of the scheduled articles to the deputy commissioner who can inspect and/or verify the books, registers and premises. Failure or false information by the dealers will result in a punishment of up to three years imprisonment and fine of Rs1 million.

Speculative dealings, market manipulation, creating artificial, false or misleading appearance with respect to the price of, or market for, the scheduled articles will also be punishable with up to three years imprisonment and fine of Rs1 million.