Fruit price regulation: whose job is it anyway?

After boycotts and the blame game, the question arises of who is responsible for setting rates

KARACHI: Just before the fruit boycott saga began in the metropolis, newly appointed Home Minister, Sohail Anwar Siyal and Chief Minister Murad Ali Shah were seen on the roads of the city inquiring about the price of fruit from vendors and reprimanding them for selling at higher rates.

What we did not see were prices lowering, instead, a boycott was initiated against the purchase of fruits for three days through social media, without the support of any political party. The Sindh government, instead of regulating prices, became part of the boycott. Fruit is included in list of 21 items considered to be essential commodities.

The act
In such a situation, the question arises as to whose job it is to regulate fruit prices.



There are two laws operating parallel to each other for this task: the Sindh Essential Commodities Price Control and Prevention of Profiteering and Hoarding Act, 2006 - which is a provincial law - and the Price Control Prevention of Profiteering and Hoarding Act, 1977 - which is a federal law.

According to the provincial law, the inspector - a deputy district officer (DDO) of the revenue department- within his or her local limits would determine the prices and regulate them. Section 3 (1) of this law states that the government, so far as it appears to be necessary or expedient to secure an equitable price of an essential commodity and its availability at fair price, may notify an order to provide for regulating the prices, production, movement, transport, supply, distribution, disposal and sale of the essential commodity.

Further, Section five (1) states that the DDO will be responsible for checking the prices, stock and record of essential commodities. Section five (2) states that the DDO will also be responsible for the implementation of the act under the supervision of the executive district officer (EDO) of revenue. “The EDO may give such directions and issue such instructions to the district officer and the DDO, as he deems fit for proper implementation of the act.”

Section seven talks about the fixation of prices and states that the district controller may post notifications in the official gazette, fix specific maximum prices of essential commodities and different prices may be fixed for different localities or for different categories of any essential commodities. “No person shall sell or re-sell any essential commodity at a price higher than the maximum price so fixed,” it further reads.


Regarding the penalty, the law states that any person who contravenes any order made under Section seven shall be punished with an imprisonment for a term which may extend to three months or a fine which may extend to Rs10,000 or both.

Section 13 talks of imposition of fines through ticketing. It states that where any person in the opinion of the DDO is committing an offence, the DDO may charge such person on the spot by issuing a ticket for payment of fine specified in the ticket.

The ticket shall be issued in quadruplicate by delivering three copies to the person committing the offence after obtaining his signature or thumb impression on the fourth copy, to be retained by the inspector for record purposes.

A person charged with an offence under this section shall, unless he contests the charge before the court, pay, within 10 days from the date of delivery of the ticket, the penalty specified for the offence mentioned in the ticket through cash at the assigned post office or a branch of the National Bank of Pakistan.

The bank or post office shall provide two copies of the ticket to the offender, with endorsement of the receipt of amount of fine and forward one copy to the concerned treasury officer. The offender will then deliver one copy of the duly paid ticket to the office of the concerned inspector within 10 days. If the fine is not paid, the DDO issuing the ticket will make a complaint against the offender before the court.



Section 15 states that the inspector shall be provided police assistance by the station house officer of the concerned police station.

Is this law practical?

An official of the commissioner office told The Express Tribune that now the DDOs have been replaced by assistant commissioners (ACs) after the Sindh Local Government Ordinance, 2001 was repealed.
The law, according to the official, is not practical under the current circumstances. The official explained that it is not practically possible for an AC to issue tickets to profiteers. “Since there’s no power for the AC to confiscate the carts of fruit vendors, the profiteer never pays the ticket amount,” the official said.

In such a situation, he said that the Price Control Prevention of Profiteering and Hoarding Act, 1977 is brought into use. Section 11 of this act talks about the power to try offences summarily - offences punishable under this act shall be tried by a magistrate of the first class who, if so empowered, may try the same in the manner provided in sections 262 to 265 of the Code of Criminal Procedure. The AC has the magisterial power for the price control subject.

The mechanism

When asked why the deputy commissioners and ACs fail to control the prices despite having these laws, the official explained that the commissioner office has a proper mechanism to regulate prices every day. At the sabzi mandi or vegetable market, the representatives of all the respective deputy commissioners, member of trader’s associations and members of bureau of supplied prices are present.
At around 12 at night, the prices of vegetables are auctioned and just around sehri the prices of fruits are auctioned.



“These prices are then communicated to the price cell at the commissioner office and then with 10% profit they are printed,” the official explained, adding that then the prices lists are distributed in different districts. The problem starts, when the ACs do not inspect their areas properly, the official lamented, adding that it is necessary for an AC to physically go and check the prices in his or her area as a common man