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Law on the Prevention of Hoarding - 1967 - Official Gazette No. 87, published 1967/09/09 (1346/06/17 A.P.)

LAW

FOR THE PREVENTION

OF HOARDING

XXXX XXXX XXXX

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ARTICLE 1: Speculation in this law means the collection and holding of foodstuffs in excess of ordinary needs and not for sale, but for the purpose of raising the prices of such materials in an unnatural way.

ARTICLE 2: The provisions of this law are also applicable to those consumer commodities that are public necessities, the collection and holding of which the government by the Council of Ministers declares to be prohibited.

ARTICLE 3: In order to supervise and prevent hoarding in the center and in the provinces, a committee will be established composed of the governor of the province, as the president, and representatives of the Ministry of Agriculture and Irrigation, Food Procurement and Public Necessities Department, Mustafi, Baranwal, the Mayor of the city which is the center of the province as members. After this they will be known as a committee. This committee will execute its duties in accordance with the provisions of this law.

ARTICLE 4: For the implementation of this law, when necessary, the fore-mentioned authoritative committee can organize local committees in the respective Woles-walies. Members of the local committees will be composed of the woleswal, XXXX, mayor and the representative of the Foodstuffs Administration of the Ministry of Agriculture and Irrigation of they are present).

ARTICLE 5: The committee is responsible for formulating and enforcing an effective program and line of action for the prevention of hoardings.

ARTICLE 6: The committee is responsible to meet atleast once every three month, and study the food situation in the area and its supply and demand. It should try to stabilize the supply and demand and prices by the prevention of hoarding. If the lack of balance between the three mentioned factors will be caused by some other factors, then the committee should report it to the Food Procurement Department along with their recommendations. The committee is responsible for sending a report after every three months to the Food Procurement Department about the food situation in the area, and the measure adopted for this prevention of speculation.

ARTICLE 7: The Food Procurement Department takes the report to the meetings on food materials, and, if necessary, the meeting can pass resolutions to be implemented if the measures proposed are accepted.

ARTICLE 8: For the purpose of continued supervision and prevention of speculation, the authoritative committee can appoint a sub-committee headed by one of the members of the committee. The Sub-committee is required to submit its reports regularly to the President of the main committee. The authority for taking action on the recommendations of the sub-committee is vested with the main committee.

ARTICLE 9: The Committee has the right to ask any body the amount of food material that he may have in his possession. The person or persons are required to submit the information to the committee, otherwise the committee or its appointed delegate will have the right to examine it personally. If foodstuffs are stored in dwelling quarters, the permission of the house or the court should be secured.

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ARTICLE 6: Where a Saranwali has not been established, the Lovi-Saranwal, pursuant to the written agreement of the Ministry of Interior, has the authority to assign the duties of Saranwali to the Assistant Governor, the Chief of Police, or the administrative chief of the province.

ARTICLE 7: A Saranwal of one court can be temporarily assigned to the duties of another court on the proposal of the Provincial Saranwal and with the approval of the related governor.

ARTICLE 8: The Saranwal and the police shall perform the duties of detection, investigation and the prosecution of crimes through their own professional members.

ARTICLE 9: The Saranwal and the police for the performance of their duties can seek assistance of the inspectors of public health, construction, agriculture, communications and other technical officials in the government; and the said officials shall be bound to provide the necessary assistance.

Should the said official disregard the duties assigned to them under this Article, they shall be reprimanded therefore.

ARTICLE 10: Persons whose assistance as experts has been demanded in the course of investigation shall be duty-bound to provide the required assistance.

ARTICLE 11: After the 22^nd day of Mizan 1345 A.R., in cases brought before the Supreme Court by the Saranwali according to the law, the Loyi-Saranwal of Afghanistan, or his Deputy or his assistants, shall appear at the Supreme Court to represent the Saranwali.

ARTICLE 12: The police of a certain place shall commence the preliminary investigation and shall be duty-bound to dispatch officially and directly its report to the Saranwal of the place within 24 hours.

The police shall be sound to present the file (dossier) of the investigation to the Saranwali together with the arrived at results obtained.

ARTICLE 13: The Saranwal shall be duty-bound to review the investigation conducted by police sources or by other judicial officials and when he finds it incomplete, to complete or conduct again the investigation or to return it to the initial source of purpose of completion.

ARTICLE 14: When after the completion of the investigation the Saranwal finds that the original crime did not exist, he can close the file and make a nulle prosequi of the crime. In Saranwalis connected to a province, the termination of a file shall be effected on the Governor’s order.

ARTICLE 15: After completion of the case, the Saranwal refers it to the court, and when the court considers the case complete, it shall receive the file and issue a summons for the appearance of the accused to the police offices; and the police shall be duty-bound to summon the accused to be present at the court on the determined day.

ARTICLE 16: Government agencies and public institution shall be duty-bound to notify the Saranwali of the occurrence of crimes subject to trial (Mohakemati) and which are committed during the performance of duty.

¹Mohakemati-Offenses denotes offenses punishable by court sentences after trial as distinguished from disciplinary measures which are imposed administratively.

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ARTICLE 17: Prosecution of crimes in the courts and representation of Haq-ul-Allah shall be the duty of the Saranwali. Non-appearance of a Fiag-ul-Abd party or the absence of a Haq-ul-Allah.

ARTICLE 18: With regard to the prosecution of a criminal case from the viewpoint of Haq-ul-Allah, the Saranwal bases his decision on the conviction derived of the examination of the surrounding circumstances and grounds thereof. Notwithstanding demands of the civil action party, he can drop cases pursuant to the law which in his view are not subject to lawful prosecution. In a provincial or Woleswali Saranwali, the above-stated measures shall be taken on instruction of the governor.

ARTICLE 19: In instances of misdemeanor and felony on fear of flight or the loss of evidentiary facts, the police have the right to put a lawfully-arrested person in custody for investigation for three days. The Saranwal has the said right for seven days. These measures shall be taken with the permission of the Provincial Governor or the Wolesswal. The person shall not be kept in custody after the lapse of seven days unless permission for detention has been issued by the court, and this permission has been obtained through the Saranwali.

ARTICLE 20: The Provincial Saranwalis shall, when necessary, inspect each prison and jail within their jurisdiction with the permission of the Governor, and shall present their reports to the Governor and to the high administration of the Saranwali.

ARTICLE 21: The Saranwali must notify the police for the execution of a court sentence, after it becomes final, and supervise the process of its implementation with the cooperation of the police.

ARTICLE 22: After the enforcement of this law, the Law Regulating the Attorney General’s Affairs, published in the Official Gazette dated 28 Qans 1343, and provisions of other laws repugnant to the provisions of this law, shall be annulled.

ARTICLE 23: This law shall be in force from the date of its publication in the Official Gazette.

*Note: Haq-ul-Allah literally meaning right of Allah, refers to offenses against the public, or crime as distinguished from Haq-ul-Abd, tort or civil wrongs.

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