Section 3(2) in The Essential Commodities Act, 1955

Central Government Act

(2) Without prejudice to the generality of the powers conferred by sub- section (1), an order made thereunder may provide--

(a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity;

(b) for bringing under cultivation any waster or arable land, whether appurtenant to a building or not, for the growing thereon of food- crops generally or of specified food- crops, and for otherwise maintaining or increasing the cultivation of food- crops generally, or of specified food- crops;

1. Ins. by Act 36 of 1967, s. 2. 2 Subs. by the Adaptation of Laws (No. 3) Order, 1956 for the former clause. 3 Ins. by Act 36 of 1967, s. 3. 4 Ins. by Act 18 of 1981, s. 3 for fifteen years (w. e. f. 1- 9- 1982 ).

(d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity;

(e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale;

(f) 4[ for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,--

(a) to sell the whole or a specified part of the quantity held in stock or produced or received by him, or

(b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1.-- An order, made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.-- For the purpose of this clause," production" with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;]

(g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs or cotton textiles which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest;

(h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters;

(i) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order;

(ii) 2[ for the grant or issue of licences, permits or other documents, the charging of fees therefor, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;]

(j) 3[ for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and

1. Subs. by Act 28 of 1957, s. 2, for the original clause (with retrospective effect). 2 Ins. by Act 17 of 1961, s. 2. 3 Subs. by Act 66 of 1971, s. 2, for cl. (j). 4 Subs. by Act 92 of 1976, s. 3 (w. e. f. 2- 9- 1976 ).

animals, and the seizure by a person authorised to make such entry, search or examination,--

(i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be, committed and any packages, coverings or receptacles in which such articles are found;

(ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act;

(iii) 2[ of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]