The Imports and Exports (Control) Act, 1950

An Act to continue ²[ ]² powers to prohibit or control imports and exports.

WHEREAS it is expedient to continue ³[ ]³ powers to prohibit, restrict or otherwise control imports into and exports from Pakistan;

It is hereby enacted as follows: —

1. Short title, extent, commencement and duration.
(1) This Act may be called the Imports and Exports (Control) Act, 1950.

⁴[(2) It extends to the whole of Pakistan.]⁴

(3) It shall come into force immediately ⁵[ ]⁵.

2. Definitions.
In this Act—

(a) “Chief Controller” means the officer appointed by the ⁶[Federal Government]⁶ to perform the duties of Chief Controller of Imports and Exports under this Act;

⁷[(b) “Collector of Customs” means an officer appointed as such under section ⁸[(3)]⁸ of the Customs Act, 1969 (IV of 1969); and]⁷

(c) “import” and “export” mean respectively bringing into, and taking out of, the ⁹[Pakistan]^{9 10}[ ]¹⁰ by sea, land or air.

3. Powers to prohibit or restrict imports and exports.
(1) The ¹¹[Federal Government]¹¹ may, by order¹² published in the official Gazette and subject to such conditions and exceptions as may be made by or under the order, prohibit¹³ restrict or otherwise control the import or export of goods of any specified descriptions, or regulate generally all practices (including trade practices) and procedure connected with the import or export of such goods, ¹⁴[and such order may provide for applications for licences under this Act, the evidence to be attached to such applications, the grant, use, transfer, sale or cancellation of such licences, and the form and manner in which and the periods within which appeals and applications for review or revision may be preferred and disposed of, and the charging of fees in respect of any such matter as may be provided in such order]^{14 15}[:]¹⁵

¹⁵[Provided that the Minister-in-Charge may, by notification in the official Gazette, for reasons to be recorded in writing, on case-to-case basis and in the interest of trade and commerce of Pakistan, allow one-time permission to import, re-import, export or re-export goods in relaxation of the prohibition or restrictions contained in the order made under this sub-section for the time being in force.]¹⁵

(2) No goods of the specified description shall be imported or exported except in accordance with the conditions of a licence to be issued by the Chief Controller or any other officer authorised in this behalf by the ¹¹[Federal Government]¹¹.

(3) All goods to which any order under sub-section (1) applies shall be deemed to be goods of which the import or export has been prohibited or restricted under ¹⁶[section 16 of the Customs Act, 1969 (IV of 1969) and all the provisions of that Act shall have effect accordingly]¹⁶.

(4) Notwithstanding anything contained in the aforesaid Act the ¹¹[Federal Government]¹¹ may, by order¹⁷ published in the official Gazette, prohibit, restrict or impose conditions on the clearance whether for home consumption ¹⁸[or ware housing or]¹⁸ shipment abroad of any imported goods or class of goods.

4. Continuance of existing orders.
All orders made under section 3 of the Imports and Exports (Control) Act, 1947, and in force immediately before the commencement of this Act, shall so far as they are not inconsistent with the provisions of this Act, continue in force and shall be deemed to have been made under this Act.

¹⁹[4A. Prohibition to sell or purchase import licence.
No person shall sell, purchase or otherwise deal in any import licence ²⁰[ ]²⁰.

²⁰[ ]²⁰

4B. Prohibition regarding sale and transfer of goods by industrial consumer.
Except with the previous permission in writing of the Chief Controller or any other officer authorised in this behalf by the ²¹[Federal Government]²¹ no person ²²[who, in his capacity as industrial consumer, imports any goods against a licence issued to him or, where no licence is required for the import of such goods by an industrial consumer, without any licence,]²² shall sell or otherwise transfer such goods, or use the goods for a purpose other than the purpose or purposes for which the licence was issued ²³[or such goods were imported]²³.]¹⁹

5. Penalty.
²⁴[(1)]²⁴ If any person contravenes ²⁵[any provision of this Act or]²⁵ any order made or deemed to have been made under this Act or the rules made thereunder, or makes use of an import or export licence otherwise than in accordance with any condition in that behalf imposed under this Act, he shall without prejudice to any confiscation or penalty to which he may be liable under the provisions of the ²⁶[Customs Act, 1969 (IV of 1969)]²⁶, as applied by sub-section (3) of section 3 of this Act be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

²⁷[(2) If any person contravenes any provision of any order made or deemed to have been made under this Act or the rules, schemes or policies made thereunder or makes use of an export licence otherwise than in accordance with any condition subject to which it was granted, the Federal Government, or any officer authorized by it, may suspend, adjust, deduct or cancel the whole or, as the case may be, any part of export quotas whether granted to or acquired by such person on the basis of performance, purchase or by any other means whatsoever, and suspend or as the case may be, cancel the export registration of such person.

(3) No order under sub-section (2) shall be passed unless the concerned person has been given an opportunity of being heard.]²⁷

5A. ²⁸[Repealed]²⁸.

5B. ²⁸[Repealed]²⁸.

5C. ²⁸[Repealed]²⁸.

6. Cognizance of offences.
No court shall take cognizance of any offence punishable under section 5 except upon complaint in writing made, —

(a) in the case of an offence which is punishable both under this Act or the rules made thereunder and also, whether by confiscation or otherwise, under the ²⁹[Customs Act, 1969 (IV of 1969)]²⁹ by a ²⁹[Collector of Customs]²⁹ or by an officer of Customs authorised in writing in this behalf by a Customs-Collector, or

(b) in the case of any other offence, by the Chief Controller or by an officer authorized by him in writing in this behalf;

and no court inferior to that of a Magistrate of the first class shall try any such offence.

7. Savings.
No order made or deemed to have been made under this Act shall be called in question in any court, and no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or any rules made thereunder or any order made or deemed to have been made thereunder.

8. Power to make rules.
The ³⁰[Federal Government]³⁰ may make rules not inconsistent with this Act for carrying out the purposes of this Act ³¹[and may in such rules provide for the setting up of a Revolving Fund and for matters relating thereto]³¹.

9. ³²[Repealed]³².