STATE AMENDMENTS 

Bihar:       In Section 3: -

(a) in sub-section (2) of clause (f) the following clause shall be and shall be deemed always to have been substituted namely :

(f)for requiring any person holding in stock or engage in the manufacture or product of or in the   business of buying or selling any essential commodity to sell the whole or specified part of the quantity held in stock or 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 such other person or class of persons and in such circumstances as may be specified in the order.

 Explanation. – An order relating to foodgrains made with reference to this clause -

 (i) may specify the prices fixed by the Central/State Government in this behalf after taking into account the recommendation 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 foodgrains required to be sold under the order ;

(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 foodgrains to which the order relates and also fix or provide for the fixations of such quantities or a graded basis having regard to the aggregate area held by or under the cultivation of different producers”.

(b)In sub-section (3) for clause (c) the following clauses shall be and shall be deemed always to have been substituted namely :

(c)In case of foodgrains where neither clause (a) nor clause (b) applies the price if any specified in the said order;

(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”

(e)In sub-section (3-B) after clause (a) the following clause shall be and shall be deemed always to have been inserted namely :

(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 (f) of sub-section (2) for such grade or variety of food grains; or

Maharashtra: In Section 3: -

(i)in sub-section (2) for clause (f) the following clause shall be substituted and shall be deemed always to have been substituted namely :

“(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 held in stock or likely to be held in stock by him or received or likely to be 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.

Explanation. – An order made under this clause in respect of foodgrains may fix or provide for fixation of the quantity to be sold by a producer with reference to the quantity to be sold by a producer with reference to the nature and extent of his holding or the land revenue payable by him crops or lands enjoying irrigation or other facilities and also fix or provide for fixation of the quantity to be sold on a graded basis having regard to the size of the holdings of different producers.”

(ii)In sub-section (3) for clause (c) the following clause shall be substituted and shall be deemed always to have been substituted

“(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.”

(iii)For sub-section (3-B) the following sub-section shall be substituted and shall be deemed always to have been substituted namely :

(3-B) Where by an order made with reference to clause (f) of sub-section (2) any person is required to sell any grade or variety of foodgrains edible oilseeds or edible oils to the Central Government or a State Government or a State Government or an officer or agent of such Government or an officer or agent of such Government or a Corporation owned or controlled by such Government or to a person or class of persons specified in the order and either no notification in respect of such foodgrains edible oilseeds or edible oils has been issued under sub-section (3-A) 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 the person concerned an amount determined by the Central Government or the State Government as the case may be –

(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 the time being in force for such grade or variety of foodgrains edible oilseeds or edible oils; or

(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.”

Orissa: In Section 3:

(a)in sub-section (2) for clause (f) the following clause shall be substitute and shall be deemed always to have been substituted namely :

“(f)       for requiring any person holding in stock or engaged in the manufacturing 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.

Explanation. – An order relating to foodgrains made with reference to this clause. –

(i)may specify the prices fixed by the State Government in this behalf after taking into account the recommendations if any of the Agricultural of the Central Government as the amount which shall be paid for the foodgrains required to be sold under the order;

(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 regarded basis having regard to the aggregate area held by or under the cultivation of the different procedures.”

(b)In sub-section (3) for clause (c) the following clauses shall be and shall be deemed always to have to have been substituted namely :

“(c)in the case of foodgrains where neither clause (a) nor clause (b) applies the price if any specified in the said order;

(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.”

(c)In sub-section (3-B) after clause (I) the following clause shall be inserted and shall be deemed always to have been inserted namely :

“(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 or variety of foodgrains; or.”

Uttar Pradesh: In Section 3: -

(a) in sub-section (2) for CI (f) the following clause shall be substituted and be deemed always to have been substituted namely:

 “(f)for requiring any person holding in stock or engaged in the manufacture 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 likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling to the Central Government or to such other person or class of persons an in such circumstances as may be specified in the order;

Explanation: - An order relating to foodgrains made with reference to this clause – 

(i) may specify the price fixed by Central Government in this behalf after taking into account the recommendation if any of the Agricultural Prices Commission as the amount which shall be paid for the foodgrains required to be sold under the order;

(ii)may fix or provided for the fixation of the quality to be sold by a producer with reference to the area under cultivation for production of the particular foodgrains to which the order relates and also fix or provide for the fixation of such quantites on a graded basis having regard to the aggregate area held by or under the cultivation of different producers ;

(b)in sub-section (3) for CI (c) the following clauses shall be substituted and be deemed always to have been substituted namely :

 “(c)    in the case of foodgrains whether neither CI (a) nor CI. (b) applies the amount if any specified in    the said order made with reference to CI. (f) of sub-section (2); 

 (d)  whether neither CI. (a) nor CI. (c) applies the price calculated at the market rate prevailing in the locality at the date of sale;”

(c)  in sub-section (3-B) after CI. (i) the following clause shall be inserted and be deemed always to have inserted namely :

 “(I-a) in the case of foodgrains where no controlled price is fixed by an order made with reference to CI. (c) of sub-section (2) the amount specified in the said order made with reference to CI. (f) of sub-section (2) for such grade or variety of foodgrains.”

(d) in Section 3 of the principal Act in sub-section (2) after CI. (f) the following clause shall be inserted namely:

 “(ff)for preventing the hoarding of the essential commodity.”

(e) In Section 2 of the principal Act in sub-section (2) CI. (f) as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment.

(f)in the said sub-section in CI. (f) as substituted by the Central Amendment after Expln 1, the following Explanation shall be inserted namely :

Explanation 1-A. – An order made under this clause in relation to rice may having regard to the milling capacity of a rice mill fix or provide for the fixation of such quantity on a graded basis.

(g)in the said Section 3 sub-section as amended by the Uttar Pradesh Amendment shall be omitted and deemed to have been omitted with effect from the date of commencement of the Central Amendment.

1.Imposition of duties on State Government 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 the 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.

2.Delegation of powers. – The Central Government may by notified order direct that 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 any be specified in the direction be exercisable also by- 

(a)     such officer or authority subordinate to the Central Government ; or

(b)     such Government or such officer or authority subordinate to a State Government, as may be specified in the direction.

3.   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 Act or any instrument having effect by virtue of any enactment other than this Act.  

6-A. Confiscation of essential commodity. – (1) Where any essential commodity is seized in pursuance of an order made under Section 3 in relation thereto a report of such seizure shall without unreasonable delay be made to the commodity is seized and whether or not a prosecution is instituted for the contravention of such order the Collector 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 satisfied that there has been a contravention of the order 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 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 a producer shall if the seized foodgrains or edible oilseeds have been produced by him be confiscated under this Section:

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 given an option to pay seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance.

(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 such 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 :

Provided that in the case of any such essential commodity the retail sale price whereof has been fixed by the Central Government or a State Government under this Act or under any other law for the time being in force 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 so fixed.

(3) Where any essential commodity is sold as aforesaid the sale proceeds thereof after deduction of the expenses of any sale or auction or other incidental expenses relating thereof shall, -

(a) where no order of confiscation is ultimately passed by the Collector,

(b) where an order passed on appeal under sub-section (1) of Section 6-c 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 thereof or the person from whom it is seized.