The Essential Commodities Act, 1955

{
    "id": 11738,
    "slug": "essential-commodities-act-1955",
    "title": "The Essential Commodities Act, 1955",
    "short_title": "The Essential Commodities Act, 1955",
    "act_number": "(10 of 1955)",
    "act_year": 1955,
    "act_type": "CENTRAL",
    "location": "India (Central)",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Essential Commodities Act, 1955",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and extent.",
            "chapter": null,
            "content": "Object & Reasons▼\n(a) coal, textiles, iron and steel, paper, etc., which are  products of industries under Union control; and\n(b) foodstuffs, cattle fodder, etc., which are not  products of such industries.\nAmendment Act 66 of 1971.\nAmendment Act 34 of 1984.\nAmendment Act 42 of 1986.\nAmendment Act 37 of 1986.\nAmendment Act 37 of 2003.\nAmendment Act 54 of 2006.\nAmending Act 47 of 1964.\nAmending Act 23 of 1966.\nAmending Act 36 of 1967.\n(i) The Act as amended by the Essential Commodities  (Amendment) Act, 1966 (25 of 1966), provided  for the confiscation by district authorities of  foodgrains, edible oils or edible oilseeds, whenever  they were seized in pursuance of an order made  under Section 3 of the Act. The Government considered  that this provision should be enlarged to cover all  essential commodities.\n(ii) Offences under the Act were not cognizable. It  was felt that the offences should be made  cognizable and bailable and further that the  maximum punishment for certain offences under  the Act should also be increased from imprisonment for three years to imprisonment for five years.\n(iii) The Act did not contain provision for awarding a  minimum punishment to habitual offenders. For  the proper working of the Act, it was considered  necessary to provide for the award of minimum  punishment to habitual offenders and also to  empower the Court to direct that any such person  shall not carry on any business in the essential  commodity (with respect to which he has been  convicted) for such period, not being less than six  months, as may be specified by the Court.\n(iv) Persons committing offences under the Act  sometimes escaped punishment for contravention  of orders made thereunder on the plea that the  offences were not committed by them deliberately.  It was felt necessary to amend the Act so as to  make contravention of an order made thereunder  punishable whether the order was contravened  knowingly, intentionally or otherwise.\n(v) The provision for summary trials under the Act is  available only up to the 31st December, 1967. It  was felt necessary to extend the operation of this  provision for a further period of two years, that is  to say up to 31st Dec., 1969.\nAmending Act 30 of 1974.\nAmending Act 32 of 1976.\n(i) in order to intensify the drive against hoarders and  profiteers, it is proposed to provide that the powers  of the Collector may also be exercised by an  Additional Collector and such other officers, not  below the rank of a Sub-Divisional Officer, as may  be authorised by the Collector. A definition of the  expression \"Collector\" is being inserted in the Act  to achieve the said object;\n(ii) Levy orders made under Section 3(2)(f) have been struck  down by the High Court of Orissa on the ground  that orders under that section could only require a  person to sell any essential commodity \"held in  stock\", and consequently, such orders cannot be  based on the quantity of land possessed by the  concerned person. In order to meet the situation, it  is proposed to provide that a levy order issued in  relation to foodgrains, edible oilseeds and edible  oils may fix, on a graded basis, the quantity to be  sold by the producer, having regard to the estimated  production of the crop in the concerned area and  the aggregate area held by the producer under  cultivation. -Gazette of India, 27-5-1981, Pt. II, S.  2, Ext., p. 960.\nAmending Act 18 of 1981.\n(a) in order to expedite the process of prosecutions  under the principal Act, it is proposed to provide\n(i) for the trial, in a summary way, of all offences  under that Act; and\n(ii) for the constitution, for the, purposes of such  trial, of Special Courts, consisting of a single  Judge who shall be appoi&ed by a High Court  and who shall be a person who is qualified to  be a Judge of a High Court or who is or has  been a Sessions Judge or an Additional Sessions  Judge, for not less than one year.\n(b) to strengthen the penal provisions of the principal  Act with a view to deterring persons indulging in  hoarding and blackmarketing in essential  commodities from contravening the provisions of  the principal Act. It is proposed to provide for-\n(i) minimum mandatory imprisonment for a period of not less than three months for all offences  under the principal Act except an offence of  abetment in regard to procuring of foodstuffs  or drugs by them for their own use or for the  use of any member of their family, and not for  the purpose of carrying on any business or trade which is proposed to be punishable with fine  only:\n(ii) enhancement of the term of imprisonment  awardable in case of conviction in a summary  trial from one year to two years;\n(iii) making of all offences under the principal Act  to be non-bailable;\n(iv) granting of bail by the trial court after giving  the prosecution an opportunity to oppose the  application and only in the exceptional cases  specified in the new Section 12AA proposed to be  inserted, to a person accused or suspected of  the commission of an offence under the  principal Act if there appear reasonable grounds  for believing that he is guilty of the offence  concerned; and\n(c) In order to ensure availability of essential  commodities to the consumers provision is being made-\n(i) for sale of all seized essential commodities, the retail sale prices whereof have been fixed by the Central  Government or the State Government as the case may be,  through the public distribution system by enlarging the  scope of Section 6A(2). The existing provision covers only  foodgrains to be sold through fair price shops; and\n(ii) for preferring appeal against the order of  confiscation passed by the Collector of a district to the  State Government instead of to a judicial authority.\nAct 73 of 1986.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(ii-a) 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;]\n[- - -]\n(b) food-crops include crops of sugarcane;\n(c) notified order means an order notified in the Official Gazette;\n[(cc) order includes a direction issued thereunder;]\n[(d) State Government, in relation to a Union territory, means the administrator thereof;]\n[ (e) sugar means\n(i) any form of sugar containing more than ninety per cent., of sucrose, including sugar candy;\n(ii) khandsari sugar or bura sugar or crushed sugar or any sugar in crystalline or powdered form; or\n(iii) sugar-in-process in vacuum pan sugar factory or raw sugar produced therein;]\n[- - -]\nSTATE AMENDMENTS  ▼\n[Himachal Pradesh].\n(vi-a) packing cases made wholly or partly of wood, card board or straw.H.P. Act 1 of 1992 (w.e.f. 19-2-1992). . -\n.\n[Maharashtra].\n(a) for Cl. (i-a), substitute the following clause, namely:\n(i-a) Collector in any Rationing Area means the Controller of Rationing designated for that area and includes the Deputy or Assistant Controller of Rationing, and elsewhere, the Collector of the District and includes Additional Deputy or Assistant Collector, sub-Divisional Officer and District Supply Officer within his respective jurisdiction;\n(b) Cl. (a-i) shall be deleted.Maharashtra Act 6 of 2003, Section 2 (w.e.f. 24-3-2003).\n(c) after Cl. (b), insert the following clauses, namely:\n(ba) holder, in relation to any agricultural land, means the person in actual possession of such land, and includes a company or other body corporate, firm, association, joint family or body of individuals in joint possession of such land;\n(bb) holding means the aggregate of all lands in possession of a holder;Maharashtra Act 1 of 1976, Section 2 (w.e.f. 12-11-1975).\n[Uttar Pradesh].\n(i) Cl. (aa), inserted by U.P. Amendment Act 18 of 1975, shall stand omitted with effect from September 2, 1976, the date of commencement of Essential Commodities (Amendment) Act, 1976U.P. Act 16 of 1978, Section 2 (w.e.f. 2-9-1976).\n[2A. Essential commodities declaration, etc.\n(a) add a commodity to the said Schedule;\n(b) remove any commodity from the said Schedule, in consultation with the State Governments.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Powers to control production, supply, distribution, etc., of essential commodities.",
            "chapter": null,
            "content": "(a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity;\n(b) for bringing under cultivation any waste 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;\n(c) for controlling the price at which essential commodity may be bought or sold;\n(d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity;\n(e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale;\n[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,\n(a) to sell the whole or a specified part of the quantity held in stock or produced or received by him, or\n(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.\nExplanation 1.\nExplanation 2.\n(g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs [- - -] which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be detrimental to the public interest;\n(h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters;\n(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;\n[(ii) 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 \norder;]\n[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,\n(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;\n(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;\n[(iii) 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.]\n(a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price;\n(b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any;\n(c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale.\n(ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification.\n(iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor\n(a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price;\n(b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any;\n(c) where neither clause (a) nor clause (b) applies, the price calculated with reference to the average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification.\n(iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any Court.]\n(a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils;\n(b) the general crop prospects;\n(c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and\n(d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.]\n(a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section;\n(b) the manufacturing cost of sugar;\n(c) the duty or tax, if any, paid or payable thereon; and\n(d) a reasonable return on the capital employed in the business of manufacturing of sugar :\nExplanation I.\n(a) \"fair and remunerative price\" means the price of sugarcane determined by the Central Government under this section;\n(b) \"manufacturing cost of sugar\" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer;\n(c) \"producer\" means a person carrying on the business of manufacturing sugar;\n(d) \"reasonable return on the capital employed\" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.]\n[Explanation II.\nOLD LAW  ▼\n(a) the minimum price, if any, fixed for sugarcane by the Central Government under this section;\n(b) the manufacturing cost of sugar;\n(c) the duty or tax, if any, paid or payable thereon; and\n(d) the securing of a reasonable return on the capital employed in the business of manufacturing sugar, and different prices may be determined from time to time for different areas or for different factories or for different kinds of sugar.\n[Explanation - I].\n[Explanation II.\nExplanation.\n(a) producer means a person carrying on the business of manufacturing sugar;\n(b) recognised dealer means a person carrying on the business of purchasing, selling or distributing sugar;\n(c) sugar includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.]\n(a) the authorised controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except insofar as may be specifically provided by the order; and\n(b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions.\n(a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and\n(b) in the case of an order directed to a specified individual be served on such individual\n(i) by delivering or tendering it to that individual, or\n(ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report thereof shall be prepared and witnessed by two persons living in the neighbourhood.\nSTATE AMENDMENTS  ▼\n[Bihar].\n(a) in sub-S. (2), for Cl. (f), the following clause shall be, and shall be deemed always to have been substituted, namely:\n(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or caused to be produced or likely to be manufactured or produced or cause to be produced by him or received or likely to be received by him in the course of the said business, to the Central Government or a State Government or to such other person or class of persons and in such circumstances as may be specified in the order.\nExplanation..\n(i) may specify the prices, fixed by the Central/State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the foodgrain required to be sold under the order;\n(ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular foodgrain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers;\n(b) in sub-S. (3), for Cl. (c), the following clauses shall be, and shall be deemed always to have been substituted, namely:\n(c) in case of foodgrains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order;\n(d) where neither clause (a), nor clause (b), nor clause (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale;\n(c) in sub-S. (3-B), after Cl. (a), the following clause shall be, and shall be deemed always to have been inserted, namely:\n(aa) in the case of foodgrains where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said order made with reference to clause (b) of sub-section (2) for such grade or variety of foodgrains or;Bihar Act 9 of 1978, Section 3 (w.e.f. 6-9-1978).\n[Maharashtra].\n(i) in sub-S. (2), for Cl. (f), the following clause shall be, and shall be deemed always to have been substituted, namely:\n(f) for requiring any person holding in stock, or likely to hold in stock or, engaged in the manufacture or production or processing of, in the business of or buying or selling, any essential commodity, to sell, the whole or a specified part of the quantity of the essential commodity held in stock or likely to be held in stock by him or manufactured or produced or processed or likely to be manufactured or produced or possessed by him or received or likely to be received by him in his business of buying or selling, to the Central Government or the State Government or to an officer or agent of any Government or to such other person or class of persons and in such circumstances as may be specified in the order.\nExplanation..\n(ii) in sub-S. (3), for Cl. (c), the following clause shall be, and shall be deemed always to have been substituted, namely:\n(c) where neither clause (a) nor clause (b) applies, in the case of foodgrains, the amount, if any, specified in or calculated in accordance with the order made under clause (f) of sub-section (2) read with sub-section (3-B) and in the case of any other essential commodity, the price calculated at the market rate prevailing in the locality at the date of sale.\n(iii) for sub-S. (3-B), the following sub-section shall be, and shall be deemed always to have been substituted, namely:\n(a) having regard to the controlled price, if any, fixed under this section or by or under any law for the time being in force for such grade or variety of foodgrains, edible oil-seeds or edible oils, or\n(b) having regard to the prices recommended by the Agricultural Prices Commission for the concerned essential commodity, where no controlled price in relation to such commodity has been fixed by or under any law for the time being in force.Maharashtra Act 1 of 1976, Section 3 (w.e.f. 12-11-1975).\n[Orissa].\n(a) in sub-S. (2), for Cl. (f), the following clause shall be, and shall be deemed always to have been substituted, namely:\n(f) for requiring any person holding in stock or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or caused to be produced or likely to be manufactured or produced or caused to be produced by him or received or likely to be received by him in the course of the said business, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of persons and in such circumstances as may be specified in the order;\nExplanation.\n(i) may specify the prices fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the foodgrain required to be sold under the order,\n(ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular foodgrain to which the order relates, and also and fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers.\n(b) in sub-S. (3), for Cl. (c), the following clauses shall be, and shall be deemed always to have been substituted, namely:\n(c) in the case of foodgrains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order;\n(d) where neither clause (a) nor (b) nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale.\n(c) in sub-S. (3-B), after Cl. (i), the following clause shall be, and shall be deemed always to have been inserted, namely:\n(i-a) in the case of foodgrains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of foodgrains; or.Orissa Act 8 of 1976, Section 2 (w.e.f. 29-3-1976).\n[Uttar Pradesh].\n(i) in sub-S. (2), Cl. (f), as substituted by U.P. Amendment Act 18 of 1975, Section 3(a) shall be omitted and deemed to have been omitted with effect from the date of commencement of the Central AmendmentU.P. Act 16 of 1978, Section 3(1).\n(ii) in sub-S. (2), in Cl. (f), as substituted by the Central Amendment after Explanation 1, the following Explanation shall be inserted, namely:\n(iii) in sub-S. (2), after Cl. (f), the following clause shall be inserted, namely:\n(ff) for preventing the hoarding of any essential commodity.U.P. Act 9 of 1974, Section 2.\n(iv) in sub-S. (3), for Cl. (c), the following clauses shall be substituted, and be deemed always to have been substituted, namely:\n(c) in the case of foodgrains, where neither clause (a) nor clause (b) applies, the amount, if any, specified in the said order made with reference to clause (f) of sub-section (2);\n(d) where neither clause (a), nor clause (b), nor clause (c) applies, the price calculated, at the market rate prevailing in the locality at the date of sale.U.P. Act 18 of 1975, Section 3(b).\n(v) sub-S. (3-B), as amended by U.P. Amendment Act 18 of 1975, shall be omitted and deemed to have been omitted with effect from the date of commencement of the Central Amendment.U.P. Act 16 of 1978, Section 3(3).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Imposition of duties on State Governments, etc .",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Delegation of powers.",
            "chapter": null,
            "content": "(a) such officer or authority subordinate to the Central Government; or\n(b) such State Government or such officer or authority subordinate to a State Government, as may be specified in the direction.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Effect of orders inconsistent with other enactments.",
            "chapter": null,
            "content": "[6-A. Confiscation of essential commodity.\n(a) the essential commodity so seized;\n(b) any package, covering or receptacle in which such essential commodity is found; and\n(c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity:]\n.\n(i) order the same to be sold at the controlled price, if any, fixed for such essential commodity under this Act or under any other law for the time being in force; or\n(ii) where no such price is fixed, order the same to be sold by public auction:\n(a) where no order of confiscation is ultimately passed by the Collector,\n(b) where an order passed on appeal under sub-section (1) of section 6-C so requires, or\n(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.]\nSTATE AMENDMENTS  ▼\n[Bihar].\n(a) the essential commodities so seized;\n(b) any package, covering or receptacle in which such essential commodity is found; and\n(c) any animal, vehicle, vessel, or other conveyance used in carrying such essential commodity:\n(a) where no order of confiscation is ultimately passed by the Collector; or\n(b) where an order passed on appeal under sub-clause (1) of section 6-C so requires; or\n(c) in the case of prosecution being instituted for the contravention of the order in respect of which an order of confiscation has been made under this section and where the person concerned is acquitted, be paid to the owner thereof or the person from whom it is seized:\n(a) receiving evidence on affidavits;\n(b) summoning and enforcing the attendance of any person and examining him on oath; and\n(c) compelling the production of documents.\nExplanation.\n[Maharashtra].\n(a) the essential commodity so seized;\n(b) any package, covering or receptacle in which such essential commodity is found; and\n(c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity:\n(a) where no order of confiscation is ultimately passed by the Collector; or\n(b) where an order passed on appeal, under sub-clause (1) of section 6-C so requires; or\n(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 be paid to the owner thereof or the person from whom it is seized:\n[Uttar Pradesh].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "6B",
            "title": "6B. Issue of show cause notice before confiscation of essential commodity.",
            "chapter": null,
            "content": "(a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the [ [essential commodity, package, covering or receptacle, animal, vehicle, vessel or other conveyance] ;\n(b) is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and\n(c) is given a reasonable opportunity of being heard in the matter.\nSTATE AMENDMENTS  ▼\nUttar Pradesh.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "6C",
            "title": "6C. Appeal.",
            "chapter": null,
            "content": "(i) in the case of foodgrains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3-B) of section 3;\n(ii) in the case of sugar, in accordance with the provisions of sub-section (3-C) of section 3; and\n(iii) in the case of any other essential commodity, in accordance with the provisions of sub-section (3) of section 3.]\nSTATE AMENDMENTS  ▼\n[Bihar] .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "6C",
            "title": "6C. Appeal.",
            "chapter": null,
            "content": "(i) in the case of foodgrains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3-B) of section 3;\n(ii) in the case of sugar, in accordance with the provisions of sub-section (3-C) of section 3; and\n(iii) in the case of any other essential commodity, in accordance with the provision of sub-section (3) of section 3.Bihar Act 9 of 1978, Section 5 (w.e.f. 6-9-1978).\n[Maharashtra].\n[Uttar Pradesh].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "6D",
            "title": "6D. Award of confiscation not to interfere with other punishments.",
            "chapter": null,
            "content": "[6E. Bar of jurisdiction in certain cases.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "7",
            "title": "7. Penalties .",
            "chapter": null,
            "content": "(a) he shall be punishable,\n(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\n(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:]\n(b) any property in respect of which the order has been contravened shall be forfeited to the Government;\n(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.\nForm of Charge  ▼\nForm of Charge  ▼\nForm of Charge  ▼\nForm of Charge  ▼\nForm of Charge  ▼\nForm of Charge  ▼\nForm of Charge  ▼\nForm of Charge  ▼\nForm of Charge  ▼\nForm of Charge  ▼\nForm of Charge  ▼\n[7A. Power of Central Government to recover certain amounts as arrears of land revenue .\n(a) pay any amount in pursuance of any order made under section 3, or\n(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 [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 [or as a public demand] .\nExplanation.\nSTATE AMENDMENTS  ▼\n[Punjab, Haryana and Chandigarh].\n[Rajasthan].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "8",
            "title": "8. Attempts and abetment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "9",
            "title": "9. False statement.",
            "chapter": null,
            "content": "(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\n(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 [five \nyears,] or with fine, or with both.\nForm of Charge  ▼",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "10",
            "title": "10. Offences by companies.",
            "chapter": null,
            "content": "Explanation.\n(a) company means any body corporate, and includes a firm or other association of individuals; and\n(b) director in relation to a firm means a partner in the firm.\n[10A. Offences to be cognizable [- - -] [- - -] .\n[10B. Power of Court to publish name, place of business, etc., of companies convicted under the Act.\nExplanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "10C",
            "title": "10C. Presumption of culpable mental state.",
            "chapter": null,
            "content": "Explanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "11",
            "title": "11. Cognizance of offences.",
            "chapter": null,
            "content": "Explanation.\nSTATE AMENDMENTS  ▼\nState Amendment .\nUttar Pradesh.\n[12. Special provision regarding fine .\n[12A. Power to try summarily.\n(a) every such notification issued after the commencement of the Essential Commodities (Amendment) Act, 1971, shall, unless sooner rescinded, cease to operate at the expiration of two years after the publication of such notification in the Official Gazette;\n(b) every such notification in force immediately before such commencement shall, unless sooner rescinded, cease to operate at the expiration of two years after such commencement:\n(a) the contravention of an order made under section 3 with respect to\n[- - -]\n(ii) foodstuffs, including edible oilseeds and oils; or\n(iii) drugs; and\n(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:\n[12B. Grant of injunction, etc., by Civil \nCourts.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "13",
            "title": "13. Presumption as to orders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "14",
            "title": "14. Burden of proof in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "15",
            "title": "15. Protection of action taken under Act.",
            "chapter": null,
            "content": "[15-A.  Prosecution of public servants.\n(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;\n(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.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "16",
            "title": "16. Repeals and savings.",
            "chapter": null,
            "content": "(a) the Essential Commodities Ordinance, 1955 (1 of 1955);\n(b) any other law in force in any State immediately before the commencement of this Act insofar as such law controls or authorizes the control of the production, supply and distribution of, and trade and commerce in, any essential commodity.\n[THE SCHEDULE\n( See section 2-A)\nESSENTIAL COMMODITIES\nExplanation. .\n(ii) seeds of cattle fodder; and\n(iii) jute seeds.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        }
    ],
    "metadata": {
        "Act ID": "123",
        "Act Number": "(10 of 1955)",
        "Enactment Date": "",
        "Act Year": "1955",
        "Short Title": "The Essential Commodities Act, 1955",
        "Type": "CENTRAL",
        "Location": "India (Central)"
    },
    "updated_at": "2026-09-29 21:51:51"
}