Law: Imports and Exports (Control) Act, 1950

Section: 5

[Imports and Exports (Control) Act (XXXIX of 1950)]........Sections 5-A, 5B & 5C [as added by Imports and Exports Control (Amendment) Ordinance (V of 1980)]---Export (Quality Control) Order, 1973, Preamble--­Commercial Court-- Object, constitution, functions and jurisdiction-Commercial Court was set up to restrict the malpractices in export trade and to provide speedy relief to the importer [Foreign buyers] so that export business may develop--Commercial Court consists of representatives of trade industry, businessmen and a banker and takes cognizance of wilful breach of order made under S.3 of the Imports and Exports Act 1950, relating to export. The Commercial Courts were first constituted by amendment in the Imports and Exports [Control] Act, 1950 by Ordinance V of 1980 whereby Section 5A, 5B and 5C were added. Under Section 5A the Federal Government is empowered by notification to establish Commercial Courts and specify the territorial limits within which or the class of cases in respect of which they were to exercise jurisdiction. The commercial Court consists of a Chairman who is or has been a Sessions Judge and two other members to be appointed out of a panel of Businessmen, Executives and Officers of Scheduled Bank to be appointed in consultation with the Federation of Pakistan Chamber of Commerce and Industry and the Pakistan Banking Council. The Commercial Court exercises its jurisdiction in respect of contravention of order made under section 3 of the Act relating to export trade. This is the exclusive jurisidction of the Commercial Court. It has been authorised to exercise all powers conferred by the Code of Criminal Procedure on a Court of Sessions exercising original jurisdiction. However, where no procedure is prescribed by the Act the procedure prescribed by Criminal Procedure Code shall be adopted by the Commercial Court. A special rule of evidence has been provided by section 5B sub-section 3 that photo copy of any document produced in support of a claim made to a Commercial Court is admissible in evidence provided such copy is duly attested by the Pakistan Mission in the country in which such document was written or by an Officer of the…

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