Object & Reasons▼
(a) coal, textiles, iron and steel, paper, etc., which are products of industries under Union control; and
(b) foodstuffs, cattle fodder, etc., which are not products of such industries.
Amendment Act 66 of 1971.
Amendment Act 34 of 1984.
Amendment Act 42 of 1986.
Amendment Act 37 of 1986.
Amendment Act 37 of 2003.
Amendment Act 54 of 2006.
Amending Act 47 of 1964.
Amending Act 23 of 1966.
Amending Act 36 of 1967.
(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.
(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.
(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.
(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.
(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.
Amending Act 30 of 1974.
Amending Act 32 of 1976.
(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;
(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.
Amending Act 18 of 1981.
(a) in order to expedite the process of prosecutions under the principal Act, it is proposed to provide
(i) for the trial, in a summary way, of all offences under that Act; and
(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.
(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-
(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:
(ii) enhancement of the term of imprisonment awardable in case of conviction in a summary trial from one year to two years;
(iii) making of all offences under the principal Act to be non-bailable;
(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
(c) In order to ensure availability of essential commodities to the consumers provision is being made-
(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
(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.
Act 73 of 1986.
Section 1 • The Essential Commodities Act, 1955
1. Short title and extent.
essential-commodities-act-1955-sec-1.json
•
Section 1
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"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.",
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