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Start Free TrialEssential Commodities Act, 1955 Section 6A
Title: Confiscation of Essential Commodity
State: Central
Year: 1955
.....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 AMENDMENT 9 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).....
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Section 3
Title: Powers to Control Production, Supply, Distribution, Etc., of Essential Commodities
State: Central
Year: 1955
.....by the Essential Commodities (Amendment) Act, 2006, w.e.f. 12.02.2007. 16. Renumbered by the Essential Commodities (Amendment and Validation) Act, 2009 [Act No. 36 of 2009] w.e.f. 01st October, 1974 previous text was:- "Explanation" 17. Inserted by the Essential Commodities (Amendment and Validation) Act, 2009 [Act No. 36 of 2009] w.e.f. 01st October, 1974. 18. Substituted by the Essential Commodities (Amendment and Validation) Act, 2009 [Act No. 36 of 2009] to be effective from 01st October, 2009 previous text was:- "1[(3C) Where any producer is required by an order made with reference to clause (f) of sub section (2) to sell any kind of sugar (whether to the Central Government or a State Government or to an officer or agent of such Government or to any other person or class of persons) and either no notification in respect of such sugar has been issued under sub-section (3A) or any such notification, having been issued, has ceased to remain in force by efflux of time, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer an amount therefor which shall be calculated with reference to such price of sugar as the Central.....
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Appendix I
Title: The Essential Commodities (Special Provisions) Act, 1981
State: Central
Year: 1955
.....in relation to each State as references, respectively, to the coming into force of this Act in that State and to the continuance in force of this Act in that State. 2. Act 10 of 1955 to have effect subject to certain special provisions for a temporary period During the continuance in force of this Act, the Essential Commodities Act, 1955 (hereinafter referred to as the principal Act) shall have effect subject to the amendments specified in sections 3 to 11: Provided that the amendments specified in sections 7 to 11 shall not apply to, or in relation to, any offence under the principal Act committed before the commencement of this Act and the provisions of the principal Act shall apply to, and in relation to, such offence as if those amendments had not been made. 3. Amendment of section 2 In section 2 of the principal Act, (a) clause (ia) shall be renumbered as clause (iia), and before clause (iia) as so re-numbered, the following clause shall be inserted namely:-- '(ia) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974); and'; (b) after clause (e), the following clause shall be inserted, namely: "(f) words and expressions used but not defined in.....
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Appendix 2
Title: The Prevention of Blackmarketing Maintenance of Supplies of Essential Commodities Act, 1980
State: Central
Year: 1955
.....is outside the said limits. 7. Powers in relation to absconding persons (1) If1 [the appropriate Government or an officer mentioned in sub-section (2) of section 3, as the case may be,] has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that Government2 [or officer] may-- (a) make a report in writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate; (b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period.....
View Complete Act List Judgments citing this sectionEssential Commodities (Amendment and Validation), Act 2009 Preamble
Title: Essential Commodities (Amendment and Validation), Act, 2009
State: Central
Year: 2009
.....been taken into account and held that the case was not covered by the decision of the Supreme Court dated 22-9-1993 in Shri Malaprabha Coop. Sugar Factory Ltd. versus Union of India [(1994) 1 SCC 648 Malaprabha (1)]; And whereas subsequently the decision of a Bench of three Judges of the Supreme Court dated 28-1-1997 in the case of Shri Malaprabha Coop. Sugar Factory Ltd. versus Union of India (Malaprabha 2) (1997) 10 SCC 216 held that the decision in Modi Industries' case did not have any bearing on the fixation of price of levy sugar for the year 1975-1976 to 1979-1980; And whereas the decision of the Bench of three Judges in Modi Industries Ltd. and Another versus Union of India and others was followed in the case of Bharat Sugar Mills Ltd. and another versus Union of India, (decided on 19th August, 1998) after noticing the judgments in Shri Malaprabha Coop. Sugar Factory Ltd. (Malaprabha 1) and Shri Malaprabha Coop. Sugar Factory Ltd. [(Malaprabha 2)]; And whereas in the case of Union of India and Others versus Triveni Engineering Works Ltd. (1999) 9 SCC 244, by judgment dated 2-2-1999, the appeal of the Union of India was allowed relying upon the decision in Modi.....
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Complete Act
Title: Essential Commodities Act, 1955
State: Central
Year: 1955
.....of Central Government to recover certain amounts as arrears of land revenue Section8 - Attempts and abetment Section9 - False statement Section10 - Offences by companies Section10A - Offences to be cognizable Section10B - Power of court to publish name, place of business, etc., of companies convicted under the Act Section10C - Presumption of culpable mental state Section11 - Cognizance of offences Section12 - Special provision regarding fine Section12A - Power to try summarily Section12B - Grant of injunction, etc., by civil courts Section13 - Presumption as to orders Section14 - Burden of proof in certain cases Section15 - Protection of action taken under Act Section15A - Prosecution of public servants Section16 - Repeals and savings Amending Act1 - AMENDMENT ACT AppendixI - THE ESSENTIAL COMMODITIES (SPECIAL PROVISIONS) ACT, 1981 Appendix2 - THE PREVENTION OF BLACKMARKETING MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ACT, 1980 Amending Act2 - ESSENTIAL COMMODITIES (AMENDMENT) ACT, 2006
List Judgments citing this sectionBombay Essential Commodities and Cattle (Control) Act, 1958, (Maharashtra) Preamble
Title: the Bombay Essential Commodities and Cattle (Control) Act, 1958
State: Maharashtra
Year: 1958
.....the control and regulation of trade and commerce therein and for the maintenance, licensing and movement of cattle and the licensing of dealers in such commodities and cattle and for certain other purposes. The State Government was thus invested with sufficient powers to deal with a situation when supplies of essential commodities are likely to be affected adversely. With a view to checking the present rising trend in prices of commodities, it was necessary to have the powers as in the proposed Act. The Act applied to essential commodities as specified in Part I of the Schedule and to cattle as specified in Part II thereof.- Vide Statement of Objects and Reasons. ________________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1958, Extra, p. 28. 2. This indicates the date of commencement of Act.
View Complete Act List Judgments citing this sectionEssential Commodities (Special Provisions) Act, 1981 Preamble 1
Title: Essential Commodities (Special Provisions) Act, 1981
State: Central
Year: 1981
ESSENTIAL COMMODITIES (SPECIAL PROVISIONS) ACT, 1981 [Act, No. 18 of 1981] PREAMBLE An Act to make certain special provisions by way of amendments to the Essential Commodities Act, 1955, for a temporary period for dealing more effectively with persons indulging in hoarding and black marketing of,-and profiteering in, essential commodities and with the evil of vicious inflationary prices and for matters connected therewith or incidental thereto. Whereas for ensuring the availability of essential commodities at fair prices, it is necessary to curb the hoarding and black marketing of, and profiteering in, such commodities; And whereas for dealing more effectively with persons indulging in such antisocial activities and the evil of vicious inflationary prices, it is necessary to make certain special provisions by way of amendments to the Essential Commodities Act, 1955 (10 of 1955), for a period of1[fifteen] years; Be it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:-- ________________________ 1. Substituted for "ten" by the Essential Commodities (Special Provisions) Amendment Act, 1993, w.r.e.f. 27.08.1992.
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Section 2A
Title: Essential Commodities Declaration Etc.
State: Central
Year: 1955
.....to be an essential commodity for such period not exceeding six months to be specified in the notification: Provided that the Central Government may, in the public interest and for reasons to be specified, by notification in the Official Gazette, extend such period beyond the said six months. (4) The Central Government may exercise its powers under sub-section (2) in respect of the commodity to which Parliament has power to make laws by virtue of Entry 33 List III in the Seventh Schedule to the Constitution. (5) Every notification issued under sub-section (2) shall be laid, as soon as may be after it is issued, before both Houses of Parliament.] ________________________________ 1. Inserted by the Essential Commodities (Amendment) Act, 2005, dated 29.12.2006.
View Complete Act List Judgments citing this sectionBombay Essential Commodities and Cattle (Control) Act, 1958, (Maharashtra) Section 21
Title: Act Not to Apply to Essential Commodity Dealt with by Act X of 1955
State: Maharashtra
Year: 1958
Nothing in this Act shall apply to any commodity or class of commodity which is an essential commodity, or which is declared to be an essential commodity, under the Essential Commodities Act, 1955; and if any commodity included in Part I of the Schedule is declared to be an essential commodity under that Act, then on such declaration, this Act shall cease to apply thereto, except as respects things done or omitted to be done before such declaration.
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