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Delhi Cloth And General Mills Co. ... vs The Agricultural Produce Market ... on 30 March, 1992
The State vs Zaverbhai Amaidas And Ors. on 20 January, 1953
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The Public Prosecutor vs Legisetty Ramayya And Anr. on 12 August, 1974
Hiralal Sutwala And Ors. vs The State on 15 September, 1952

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Central Government Act
The Essential Commodities Act, 1955
THE ESSENTIAL COMMODITIES ACT, 19551 The Essential Commodities Act, 1955
1. Short title and extent.—
(1) This Act may be called the Essential Commodities Act, 1955.
(2) It extends to the whole of India 1[***].
2 Definitions. —In this Act, unless the context otherwise requires,— 1 [***] 1 [ 2 [(ia) “Collector” includes an Additional Collector and such other officer, not below the rank of Sub-Divisional Officer, as may be authorised by the Collector to perform the functions and exercise the powers of the Collector under this Act;]] 3 [***]
(b) “food-crops” include crops of sugarcane;
(c) “notified order” means an order notified in the Official Gazette;
4 [(cc) “order” includes a direction issued thereunder;]
5 [(d) “State Government,” in relation to a Union territory, means the administrator thereof;]
6 [(e) “sugar” means—
(i) any form of sugar containing more than ninety per cent., of sucrose, including sugar candy;
(ii) khandsari sugar or bura sugar or crushed sugar or any sugar in crystalline or powdered form; or
(iii) sugar in process in vacuum pan sugar factory or raw sugar produced therein.] 7 [***]
STATE AMENDEMNTS Himachal Pradesh. —In section 2, in clause
The Essential Commodities Act, 1955 The Essential Commodities Act, 1955
4. Imposition of duties on State Governments, etc.—An order made under section 3 may confer powers and impose duties upon the Central Government or the State Government or officers and authorities of the Central Government or State Government, and may contain directions to any State Government or to officers and authorities thereof as to the exercise of any such powers or the discharge of any such duties.
The Essential Commodities Act, 1955
5. Delegation of powers.—The Central Government may, by notified order, direct that 1[the power to make orders or issue notifications under section 3] shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by—
(a) such officer or authority subordinate to the Central Government; or
(b) such State Government or such officer or authority subordinate to a State Government, as may be specified in the direction.
The Essential Commodities Act, 1955
6. Effect of orders inconsistent with other enactments.—Any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.
8 [ 6A Confiscation of essential commodity:- 9 [
(1) ] Where any 10 [essential commodity is seized] in pursuance of an order made under section 3 in relation thereto, 11 [a report of such seizure shall, without unreasonable delay, be made to] the Collector of the district or the Presidency town in which such 10 [essential commodity is seized] and whether or not a prosecution is instituted for the contravention of such order, the Collector 12 [may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied] that there has been a contravention of the order 13 [may order confiscation of—
(a) the essential commodity so seized;
(b) any package, covering or receptacle in which such essential commodity is found; and
(c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity:]
Provided that without prejudice to any action which may be taken under any other provision of this Act, no foodgrains or edible oilseeds in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized foodgrains or edible oilseeds have been produced by him, be confiscated under this section:] 14 [Provided further that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance.]
15 [(2) Where the Collector, on receiving a report of seizure or on inspection of any essential commodity under sub-section (1), is of the opinion that the essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, he may—
(i) order the same to be sold at the controlled price, if any, fixed for essential commodity under this Act or under any other law for the time being in force; or
(ii) where no such price is fixed, order the same to be sold by public auction:
16 [Provided that in case of foodgrains, the Collector may, for its equitable distribution and availability at fair prices, order the same to be sold through fair price shops at the price fixed by the Central Government or by the State Government, as the case may be, for the retail sale of such foodgrains to the public.]
(3) Where any essential commodity is sold, as aforesaid, the sale proceeds thereof, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto, shall—
(a) where no order or confiscation is ultimately passed by the Collector,
(b) where an order passed on appeal under sub-section (1) of section 6C so requires, or
(c) where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under this section, the person concerned is acquitted, be paid to the owner or the person from whom it is seized.]
STATE AMENDMENTS Bihar. —For section 6A, substitute the following section, namely:— “6A. Confiscation of foodgrains, edible oilseeds, edible oils, etc. —(1) Where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto it shall be reported without any reasonable delay to the Collector of the district in which such essential commodity is seized and the Collector may, if he thinks it expedient so to do, inspect or cause to be inspected such essential commodity, whether or not the prosecution is instituted for the contravention of such order and the Collector, if satisfied that there has been a contravention of the order, may order confiscation of­—
(a) the essential commodities so seized;
(b) any package, covering or receptacle in which such essential commodity is found; and
(c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity:
Provided that, without prejudice to any action which may be taken under any other provision of this Act, no foodgrains or edible oilseeds seized in pursuance of an order made under section 3 in relation thereto from producer shall, if the seized foodgrains or edible oil-seeds have been produced by him, be confiscated under this section.
(2) Where the Collector, on receiving a report of seizure or in inspection of any essential commodity under sub-section (1), is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise, expedient in the public interest so to do, he may order the same to be sold at the controlled price if any, fixed under any law for the time being in force.
(3) In the case of foodgrains, where there is no controlled price, the Collector, if he thinks fit, may order the foodgrains seized under sub-section (1) to be sold through fair price shops at the price fixed by the Central Government or the State Government, as the case may be for the sale of such foodgrains to the public through these shops or may order such foodgrains by public auction.
(2) Where the Collector on receiving a report of seizure or on inspection of any essential commodity under sub-section (1) is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise expedient in the public interest so to so, he may order the same to be sold at the controlled price if any, fixed under any law for the time being in force; or where no such price is fixed by auction: Provided that, in the case of foodgrains where there is no controlled price, the Collector may order the foodgrains seized to be sold through fair price shops at the price fixed by the Central Government or the State Government, as the case may be, for the sale of such foodgrains to the public through these shops: Provided further that, whenever it is practicable so to so, having regard to the nature of the essential commodity, he shall take and preserve sample of the same before its sale or auction.
(3) Where any essential commodity is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of the sale or auction, as the case may be, shall—
(a) where no order of confiscation is ultimately passed by the Collector; or
(b) where an order passed, on appeal under sub-clause (1) of section 6C so requires; or
(c) in the case of a prosecution being instituted for the contravention of the order in respect of which an order of confiscation has been made under section, where the person concerned is acquitted, be paid to the owner thereof or the person from whom it is seized:
Provided that, in the case of foodgrains sold through fair price shops in accordance with the first proviso to sub-­section (2) the owner shall be paid for the foodgrains so sold the price fixed by the State Government, for retail sale of such foodgrains through such shops, less all expenses of sale or auction under sub-section (2).” [ Vide Maharashtra Act 1 of 1976, sec. 4 (w.r.e.f. 12-11-1975).]
The Essential Commodities Act, 1955
1[6B. Issue of show cause notice before confiscation of foodgrains, etc.— 2[
(1) ] No order confiscating 3[any 4[essential commodity, package, covering or receptacle, animal, vehicle, vessel or other conveyance]] shall be made under section 6A unless the owner of such 4[essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance] or the person from whom 5[it is seized]—
(a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the 6[essential commodity package, covering or receptacle, animal, vehicle, vessel or other conveyance];
(b) is given an opportunity of making a presentation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and
(c) is given a reasonable opportunity of being heard in the matter.] 7[(2) Without prejudice to the provisions of sub-section (1), no order confiscating any animal, vehicle, vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle, vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use.] 8[(3) No order confiscating any essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be invalid merely by reason of any defect or irregularity in the notice, given under clause (a) of sub-section (l), if, in giving such notice, the provisions of that clause have been substantially complied with.] State Amendment Uttar Pradesh.—After section 6B, insert the following section, namely:— “6BB. Review.—(1) Where the Collector is satisfied that an order of confiscation or an order refusing confiscation made under section 6A suffers from a mistake apparent on the face of the record (including any mistake of law) he may within one month of such order issue notice to the owner of the essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance, or, as the case may be, the person from whom it was seized, to show cause why that order should not be reviewed, and after giving him a reasonable opportunity of being heard, pass such order on review as he thinks fit.
(2) The provisions of sections 6C and 6D shall apply in relation to an order passed originally under section 6A.” [Vide Uttar Pradesh Act 18 of 1975, sec. 6 (w.e.f. 31-3-1975).]
24 [ 6C Appeal. —
(1) Any person aggrieved by an order of confiscation under section 6A may, within one month from the date of the communication to him of such order, appeal to 25 [any judicial authority appointed by the State Government concerned and the judicial authority] shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against.
(2) Where an order under section 6A is modified or annulled by 26 [such judicial authority], or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under section 6A, the person concerned is acquitted, and in either case it is not possible for any reason to 27 [return the essential commodity seized], 28 [such persons shall, except as provided by sub-section (3) of section 6A, be paid] the price therefor 29 [as if the essential commodity,] had been sold to the Government with reasonable interest calculated from the day of the seizure of 6 [the essential commodity] 30 [and such price shall be determined—
(i) in the case of foodgrains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3B) of section 3;
(ii) in the case of sugar, in accordance with the provisions of sub-section (3C) of section 3; and
(iii) in the case of any other essential commodity, in accordance with the provisions of sub-section (3) of section 3.]]
State Amendment
(2) Where an order under section 6A modified or annulled by such judicial authority, or where in a prosecution for the contravention of the order in respect of which an order of confiscation has been made under section 6A, the person concerned is acquitted and in either case it is not possible for any reason to return the essential commodity seized, such person shall, save as provided by sub-section (3) of section 6A, be paid the price thereof as if the essential commodity had been sold to the Government with reasonable interest calculated from the day of the seizure of the essential commodity and such price shall be determined—
(i) in the case of foodgrains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3B) of section 3;
(ii) in the case of sugar in accordance with the provisions of sub-section (3C) of section 3; and
(iii) in the case of any other essential commodity, in accordance with the provisions of sub-section (3) of section 3.”
[ Vide Bihar Act 9 of 1978, sec. 5 (w.e.f. 6-9-1978).]
The Essential Commodities Act, 1955
1[6D. Award of confiscation not to interfere with other punishments—The award of any confiscation under this Act by the Collector shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.]
The Essential Commodities Act, 1955
1[6E. Bar of jurisdiction in certain cases.—Whenever any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, or any package, covering or receptacle in which such essential commodity is found, or any animal, vehicle, vessel or other conveyance used in carrying such essential commodity is seized pending confiscation under section 6A, the Collector, or, as the case may be, 2[the judicial authority appointed under section 6C] shall have, and, notwithstanding anything to the contrary contained in any other law for the time being in force, 3[any other court, tribunal or authority] shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance.]
34 [ 7 Penalties. — 1 [
(1) If any person contravenes any order made under section 3,—
(a) he shall be punishable,—
(i) in the case of an order made with reference to clause (h) or clause (i) of sub-section (2) of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and
(ii) in the case of any other order, with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine:
35 [Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months;]
(b) any property in respect of which the order has been contravened shall be forfeited to the Government;
(c) any package, covering or receptacle in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the commodity shall, if the court so orders, be forfeited to the Government.]
36 [(2) If any person to whom a direction is given under clause (b) of sub-section (4) of section 3 fails to comply with the direction, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine: 37 [Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months.]
(2A) If any person convicted of an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-section (2) is again convicted of an offence under the same provision, he shall be punishable with imprisonment for the second and for every subsequent offence for a term which shall not be less than six months but which may extend to seven years and shall also be liable to fine: 38 [Provided that the court may, for any adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than six months.]
40 [(3) Where a person having been convicted of an offence under sub-section (1) is again convicted of an offence under that sub-section for contravention of an order in respect of an essential commodity, the court by which such person is convicted shall, in addition to any penalty which may be imposed on him under that sub-section, by order, direct that that person shall not carry on any business in that essential commodity for such period, not being less than six months, as may be specified by the court in the order.] STATE AMENDMENTS Punjab : Haryana: Chandigarh. —After section 7, insert the following section, namely:— “7A. Forfeiture of certain property used in the commission of the offence .—Whenever any offence relating to foodstuffs which is punishable under section 7 had been committed, the Court shall direct that all the packages, coverings or receptacles in which any property liable to be forfeited under the said section is found and all the animals, vehicles, vessels or other conveyances used in carrying the said property shall be forfeited to the Government.” [ Vide Punjab Act 34 of 1959, sec. 2 (w.e.f. 27-8-1959).]
The Essential Commodities Act, 1955
1[7A. Power of Central Government to recover certain amounts as arrears of land revenue.—
(1) Where any person, liable to—
(a) pay any amount in pursuance of any order made under section 3, or
(b) deposit any amount to the credit of any Account or Fund constituted by or in pursuance of any order made under that section, makes any default in paying or depositing the whole or any part of such amount, the amount in respect of which such default has been made shall whether such order was made before or after the commencement of the Essential Commodities (Amendment) Act, 1984 (34 of 1984), and whether the liability of such person to pay or deposit such amount arose before or after such commencement be recoverable by Government together with simple interest due thereon computed at the rate of 2[fifteen per cent.] per annum from the date of such default to the date of recovery of such amount, as an arrear of land revenue 3[or as a public demand].
(2) The amount recovered under sub-section (1) shall be dealt with in accordance with the order under which the liability to pay or deposit such amount arose.
(3) Notwithstanding anything contained in any other law for the time being in force or any contract to the contrary, no court, tribunal or other authority shall grant any injunction or make any order prohibiting or restraining any Government from recovering any amount as an arrear of land revenue 3[or as a public demand] in pursuance of the provisions of sub-section (1).
(4) If any order, in pursuance of which any amount has been recovered by Government as an arrear of land revenue 3[or as a public demand] under sub-section (1) is declared by a competent court, after giving to the Government a reasonable opportunity of being heard, to be invalid, the Government shall refund the amount so recovered by it to the person from whom it was recovered, together with simple interest due thereon, computed at the rate of 4[fifteen per cent.] per annum, from the date of recovery of such amount to the date on which such refund is made. Explanation.—For the purposes of this section, “Government’’ means the Government by which the concerned order under section 3 was made or where such order was made by an officer or authority subordinate to any Government, that Government.]
The Essential Commodities Act, 1955
8. Attempts and abetment.—Any person who attempts to contravene, or abets a contravention of, any order made under section 3 shall be deemed to have contravened that order. 1[***]
The Essential Commodities Act, 1955
9. False statement.—If any person,—
(i) when required by any order made under section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or
(ii) makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to 1[five years,] or with fine, or with both.
The Essential Commodities Act, 1955
10. Offences by companies.—
(1) If the person contravening an order made under section 3 is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,—
(a) “company’’ means any body corporate, and includes a firm or other association of individuals; and
(b) “director’’ in relation to a firm means a partner in the firm.
The Essential Commodities Act, 1955
1[10A. Offences to be cognizable 2[3[***]]—Notwithstanding anything contained in 4[the Code of Criminal Procedure, 1973 (2 of 1974)] every offence punishable under this Act shall be *cognizable 2[3[***]]]. 5[***]
The Essential Commodities Act, 1955
1[10B. Power of court to publish name, place of business, etc., of companies convicted under the Act.—
(1) Where any company is convicted under this Act, it shall be competent for the court convicting the company to cause the name and place of business of the company, nature of the contravention, the fact that the company has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspapers or in such other manner as the court may direct.
(2) No publication under sub-section (1) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of.
(3) The expenses of any publication under sub-section (1) shall be recoverable from the company as if it were a fine imposed by the court. Explanation.—For the purposes of this section, “company” has the meaning assigned to it in clause (a) of the Explanation of section 10.]
The Essential Commodities Act, 1955
1[10C. Presumption of culpable mental state.—
(1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.—In this section, “culpable mental state” includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact.
(2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.]
The Essential Commodities Act, 1955
11. Cognizance of offences.—No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the Indian Penal Code (45 of 1860) 1[or any person aggrieved or any recognised consumer association, whether such person is a member of that association or not]. 1[Explanation.—For the purposes of this section and section 12AA, “recognised consumer association” means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.] state amendment Uttar Pradesh.—In section 11, for the wrods “by a person who is a public servant as defined in section 21 of the Indian Penal Code,” substitute the words “by order of, or under authority from the District Magistrate or such other officer as may be empowered by the State Government by general or special order in this behalf.” [Vide Uttar Pradesh Act 9 of 1974, sec. 7 (w.e.f. 24-4-1974).]
The Essential Commodities Act, 1955
49 [ 50 [ 12A Power to try summaril y.—
(1) If the Central Government is of opinion that a situation has arisen where, in the interests of production, supply or distribution of 51 [any essential commodity not being an essential commodity referred to in clause (a) of sub-section (2)] or trade or commerce therein and other relevant considerations, it is necessary that the contravention of any order made under section 3 in relation to such essential commodity should be tried summarily, the Central Government may, by notification in the Official Gazette, specify such order to be a special order for purposes of summary trial under this section, and every such notification shall be laid, as soon as may be after it is issued, before both Houses of Parliament: 52 [Provided that—
53 [(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) all, offences relating to—
(a) the contravention of an order made under section 3 with respect to— 54 [***]
(b) where any notification issued under sub-section (1) in relation to a special order is in force, the contravention of such special order, shall be tried in a summary way by a Judicial Magistrate of the First Class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial:
Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in the manner provided by the said Code.]
The Essential Commodities Act, 1955
1[12B. Grant of injunction, etc., by civil courts.—No civil court shall grant injunction or make any order for any other relief, against the Central Government or any State Government or a Public officer in respect of any act done or purporting to be done by such Government, or such officer in his official capacity, under this Act or any order made thereunder, until after notice of the application for such injunction or other relief has been given to such Government or officer.]
The Essential Commodities Act, 1955
13. Presumption as to orders.—Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a court shall presume that such order was so made by that authority within the meaning of the Indian Evidence Act, 1872 (1 of 1872).
The Essential Commodities Act, 1955
14. Burden of proof in certain cases.—Where a person is prosecuted for contravening any order made under section 3 which prohibits him from doing any act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document shall be on him.
The Essential Commodities Act, 1955
15. Protection of action taken under Act.—
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made under section 3.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under section 3.
The Essential Commodities Act, 1955
1[15A. Prosecution of public servants.—Where any person who is a public servant is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his duty in pursuance of an order made under section 3, no court shall take cognizance of such offence except with the previous sanction—
(a) of the Central Government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union;
(b) of the State Government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the State.]
The Essential Commodities Act, 1955
16. Repeals and savings.—
(1) The following laws are hereby repealed:—
(a) the Essential Commodities Ordinance, 1955 (1 of 1955);
(b) any other law in force in any State immediately before the commencement of this Act in so far as such law controls or authorises the control of the production, supply and distribution of, and trade and commerce in, any essential commodity.
(2) Notwithstanding such repeal, any order made or deemed to be made by any authority whatsoever, under any law repealed hereby and in force immediately before the commencement of this Act, shall, in so far as such order may be made under this Act, be deemed to be made under this Act and continue in force, and accordingly any appointment made, licence or permit granted or direction issued under any such order and in force immediately before such commencement shall continue in force until and unless it is superseded by any appointment made, licence or permit granted or direction issued under this Act.
(3) The provision of sub-section (2) shall be without prejudice to the provision contained in section 6 of the General Clauses Act, 1897 (10 of 1897), which shall also apply to the repeal of the Ordinance or other law referred to in sub-section (1) as if such Ordinance or other law had been an enactment.
THE ESSENTIAL COMMODITIES ACT, 1955 1[ THE SCHEDULE ( See section 2A) ESSENTIAL COMMODITIES (1) drugs. Explanation .—For the purposes of this Schedule, “drugs” has the meaning assigned to it in clause (b) of section 3 of the Drugs and Cosmetics Act, 1940 (23 of 1940); (2) fertilizer, whether inorganic, organic or mixed; (3) foodstuffs, including edible oilseeds and oils; (4) hank yarn made wholly from cotton; (5) petroleum and petroleum products; (6) raw jute and jute textiles; (7) (i) seeds of food-crops and seeds of fruits and vegetables; (ii) seeds of cattle fodder; and (iii) jute seeds;] 2[(iv) cotton seed.] --------- 1. Ins. by Act 54 of 2006, sec. 6 (w.e.f. 12-2-2007). 2. Ins. by S.O. 2988(E), dated 22nd December, 2010.
1. Clause (ia) renumbered as clause (iia) and before clause (iia) so renumbered clause (ia) inserted by Act 18 of 1981, sec. 3(a) as amended by Act 34 of 1993, sec. 3 for a period of fifteen years which now stands ceased to have effect after the expiry of fifteen years. See Appendix—Section 3(a) of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
2. Ins. by Act 92 of 1976, sec. 2 (w.e.f. 2-9-1976).
3. Clause (a) omitted by Act 54 of 2006, sec. 2 (w.e.f. 12-2-2007). Earlier clause (a) was amended by Act 30 of 1974, sec. 2 (w.r.e.f. 22-6-1974). Clause (a), before omission by Act 54 of 2006, stood as under:
4. Ins. by Act 36 of 1967, sec. 2(a) (w.e.f. 30-12-1967).
5. Subs. by the A.O. (No. 3) Order, 1956, for clause (d).
6. Ins. by Act 36 of 1967, sec. 2(b) (w.e.f. 30-12-1967).
7. Clause (f) ins. by Act 18 of 1981, sec. 3(b) as amended by Act 34 of 1993, sec. 3 for a period of fifteen years, which now stands ceased to have effect after the expiry of fifteen years. See Appendix —Section 3(b) of the Essential Commodities (Special Provisions) Act, 1981.
8. Ins. by Act 25 of 1966, sec. 3 (w.e.f. 3-9-1966).
9. Section 6A renumbered as sub-section (1) thereof by Act 92 of 1976, sec. 4 (w.e.f. 2-9-1976). Earlier section 6A, before it was renumbered as sub-section (1), was amended by Act 30 of 1974, sec. 4 (w.r.e.f. 22-6-1974).
10. Subs. by Act 36 of 1967, sec. 4(a), for “foodgrains, edible oilseeds or edible oils are seized” (w.e.f. 30-12-1967).
11. Subs. by Act 92 of 1976, sec. 4(a)(i), for “it may be produced without any unreasonable delay, before” (w.e.f. 2-9-1976).
12. Subs. by Act 92 of 1976, sec. 4(a)(i), for “if satisfied” (w.e.f. 2-9-1976).
13. Subs. by Act 30 of 1974, sec. 4, for “may order confiscation of the essential commodity so seized” (w.r.e.f. 22-6-1974).
14. Ins. by Act 92 of 1976, sec. 4(a)(ii) (w.e.f. 2-9-1976).
15. Ins. by Act 92 of 1976, sec. 4(b) (w.e.f. 2-9-1976).
16. Proviso was substituted by Act 18 of 1981, sec. 4 as amended by Act 34 of 1993, sec. 3 for a period of fifteen years which now stands ceased to have effect after the expiry of fifteen years. The original proviso has been restored. See Appendix—Section 4 of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
17. Section 6B re-numbered as sub-section (1) thereof by Act 30 of 1974, sec. 5 (w.e.f. 22-6-1974).
18. Subs. by Act 36 of 1967, sec. 5, for "any foodgrains, edible oilseeds or edible oils" (w.e.f. 30-12-1967).
19. Subs. by Act 30 of 1974, sec. 5, for "essential commodity" (w.e.f. 22-6-1974).
20. Subs. by Act 36 of 1967, sec. 5, for “they are seized”.
21. Subs. by Act 36 of 1967, sec. 5, for "any foodgrains, edible oilseeds or edible oils" (w.e.f. 30-12-1967).
22. Ins. by Act 30 of 1974, sec. 5 (w.e.f. 22-6-1974).
23. Ins. by Act 92 of 1976, sec. 5 (w.e.f. 2-9-1976).
24. Ins. by Act 25 of 1966, sec. 3 (w.e.f. 3-9-1966).
25. The words “the State Government concerned and the State Government” subs. by Act 18 of 1981, sec. 5(a) as amended by Act 34 of 1993, sec. 3, for “any judicial authority appointed by the State Government and the judicial authority” for a period of fifteen years, now they stand ceased to have effect after the expiry of fifteen years. See Appendix — Section 5(a) of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
26. The words "the State Government” subs. by Act 18 of 1981, sec. 5(b) as amended by Act 34 of 1993, sec. 3, for “such judicial authority” for a period of fifteen years, now they stand ceased to have effect after the expiry of fifteen years, See Appendix — Section 5(b) of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
27. Subs. by Act 36 of 1967, sec. 6(a), for “return the foodgrains or edible oilseeds or edible oils seized” (w.e.f. 30-12-1967).
28. Subs. by Act 92 of 1976, sec. 6, for “such person shall be paid”.
29. Subs. by Act 36 of 1967, sec. 6(b), for “as if the foodgrains, edible oilseeds or edible oils, as the case may be,” (w.e.f. 30-12-1967).
30. Subs. by Act 36 of 1967, sec. 6(c), for “articles” (w.e.f. 30-12-1967).
31. Subs. by Act 36 of 1967, sec. 6(d), for certain words (w.e.f. 30-12-1967).
32. The words "the State Government concerned under section 6C" subs. by Act 18 of 1981 as amended by Act 34 of 1993, for "the judicial authority appointed under section 6C" for a period of fifteen years, now they stand ceased to have effect after the expiry of fifteen years. See Appendix — Section 6(a) of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
33. The words "any court, tribunal or other authority" subs. by Act 18 of 1981 as amended by Act 34 of 1993, for "any other court, tribunal or authority" for a period of fifteen years, now they stand ceased to have effect after the expiry of fifteen years. See Appendix — Section 6(b) of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
34. Subs. by Act 30 of 1974, sec. 6, for sub-section (1) (w.r.e.f. 22-6-1974). Earlier sub-section (1) was amended by Act 25 of 1966, sec. 4 (w.e.f. 3-9-1966) and by Act 36 of 1967, sec. 7(a) (w.e.f. 30-12-1967).
35. Proviso was omitted by Act 18 of 1981, sec. 7(a) as amended by Act 34 of 1993, sec. 3 for a period of fifteen years which now stands restored after the expiry of fifteen years. See Appendix — Section 7(a) Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
36. Subs. by Act 30 of 1974, sec. 6, for sub-section (2) (w.r.e.f. 22-6-1974). Earlier sub-section (2) was amended by Act 36 of 1967, sec. 8(b) (w.e.f. 30-12-1967).
37. Proviso was omitted by Act 18 of 1981, sec. 7(b) as amended by Act 34 of 1993, sec. 3 for a period of fifteen years which now stands restored after the expiry of fifteen years. See Appendix — Section 7(b) of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
38. Proviso was omitted by Act 18 of 1981, sec. 7(c) as amended by Act 34 of 1993, sec. 3 for a period of fifteen years which now stands restored after the expiry of fifteen years. See Appendix — Section 7(c) of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
39. Sub-section (2B) was omitted by Act 18 of 1981, sec.7(d) as amended by Act 34 of 1993,
40. Ins. by Act 36 of 1967, sec. 7(c) (w.e.f. 30-12-1967).
41. Subs. by Act 42 of 1986, sec. 3, for “six per cent.” (w.e.f. 8-9-1986).
42. Ins. by Act 42 of 1986, sec. 3 (w.e.f. 8-9-1986).
43. Subs. by Act 42 of 1986, sec. 3, for “six per cent.” (w.e.f. 8-9-1986).
44. The words “and bailable” omitted by Act 30 of 1974, sec. 7 (w.r.e.f. 22-6-1974).
45. After the word “cognizable” the words “and non-bailable” were ins. by Act 18 of 1981 as amended by Act 34 of 1993 for a period of fifteen years, now they stand ceased to have effect after the expiry of fifteen years. See Appendix — Section 9 of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
46. Subs. by Act 30 of 1974, sec. 7, for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 22-6-1974).
47. Section 10AA was ins. by Act 34 of 1993 for a period of fifteen years which now stands ceased to have effect after the expiry of fifteen years. See Appendix — Section 9A of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
48. Section 12 was omitted by Act 18 of 1981 as amended by Act 34 of 1993 for a period of fifteen years which now stands restored after the expiry of fifteen years. See Appendix — Section 10 of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
49. Ins. by Act 47 of 1964, sec. 2 (w.e.f. 5-11-1964).
50. Section 12A was substituted by Act 18 of 1981, sec. 11 as amended by Act 34 of 1993,
51. Subs. by Act 30 of 1974, sec. 10, for “any essential commodity” (w.r.e.f. 22-6-1974).
52. Added by Act 66 of 1971, sec. 5 (w.e.f. 23-12-1971).
53. Subs. by Act 30 of 1974, sec. 10, for sub-section (2) (w.r.e.f. 22-6-1974).
54. Sub-clause (i) omitted by Act 54 of 2006, sec. 5 (w.e.f. 12-2-2007). Sub-clause (i), before omission, stood as under:
55. Subs. by Act 30 of 1974, sec. 10, for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.r.e.f. 22-6-1974).
56. Subs. by Act 30 of 1974, sec. 10, for “or of fine not exceeding two thousand rupees or both” (w.r.e.f. 22-6-1974).
57. Subs. by Act 30 of 1974, sec. 10, for “section 517” (w.r.e.f. 22-6-1974).
58. The words “of imprisonment or fine” omitted by Act 30 of 1974, sec. 10 (w.r.e.f. 22-6-1974).
59. Subs. by Act 30 of 1974, sec. 10, for sub-section (4), (w.r.e.f. 22-6-1974).
60. Sections 12AA, 12AB, 12AC were substituted by Act 18 of 1981, sec. 11, for section 12 as amended by Act 34 of 1993, sec. 3 for a period of fifteen years which now stand ceased to have effect after the expiry of fifteen years. Earlier section 12AA was amended by Act 42 of 1986, sec. 4 (w.e.f. 8-9-1986) and by Act 73 of 1986, sec. 3 (w.e.f. 1-5-1987). See Appendix — Section 11 of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).