STATE
AMENDMENTS
Bihar: For
the existing Section 6-A the following section shall be
substituted namely:
6-A.Confiscation
of foodgrains, edible oilseeds, edible oils, etc. (1)
where any essential commodity is seized in pursuance of an
order made under Section 5 in relation thereto it shall be
reported without any unreasonable 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 oilseeds 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
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 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 to be sold by public auction.
(4)The
Collector shall whenever it is practicable so to do having
regard to the essential commodity take and reserve sample
of the same in the prescribed manner before its sale or
distribution.
(5)Where
any essential commodity is sold as aforesaid the
sale-proceeds thereof after deduction of all 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-section
(1) of Section 6-C so requires; or
(c)
in the case of prosecution 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 :
Provided
that in the case of foodgrains sold through fair price
shops in accordance with sub-section (2) and (3) 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-sections (2) and (3).
(6)Notwithstanding
anything to the contrary contained in the Code of Criminal
Procedure 1973 (Act 2 of 1974) when the Collector or the
appellate authority is seized with the matter under this
section no court shall entertain any application in
respect of essential commodities any package, covering,
receptacle any animal, vehicle or other conveyance used in
carrying such commodities as far as its release,
distribution etc is concerned and the jurisdiction of
Collector or the appellate authority with regard to the
disposal of the same shall be exclusive.
(7)The
State Government may by notification in the official
Gazette authorise any officer not below the rank of
Sub-Divisional Magistrate to discharge all or any of the
functions of a Collector under this section.
(8)The
Collector shall for the purpose of this Act have the same
powers as are vested in a court under the Code of Civil
Procedure 1908 when making enquiries under this section in
respect of the following matters namely
(a)
receiving evidence on affidavits;
(b) summoning and enforcing the attendance of any person
and examining him on oath; and
(c)
compelling the production of documents.
(9)
All enquiries and proceedings under this section
before the Collector and the appellate authority shall be
deemed to be judicial proceeding and while discharging
functions under this section the Collector and the
appellate authority shall be deemed to be a court.
Maharashtra: For
Section 6-a of 1955 of Act substitute: -
6-A.Confiscation
of seized commodities (1) Where any essential
commodity is seized in pursuance of an order made under
Section 3 in relation thereto a report to that effect
shall without any unreasonable delay be sent to the
Collector within whose jurisdiction the seizure is made
and the Collector may if he thinks it expedient so to do
inspect or cause to be inspected such essential commodity
and whether or not a prosecution is instituted for the
contravention of such order the Collector if satisfied
that there has been contravention of the order may order
confiscation of
Provided that without
prejudice to any action that 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
food-grains or edible oilseeds have been
produced by him be confiscated under this section:
Provided
further that where any animal, vehicle, vessel or other
conveyance is 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.
(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 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 or where
no such price is fixed by auction:
Provided
that in the case of foodgrains where there is no
controlled price the Controller 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 do having
regards 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 6-C 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 this 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 food-grains through such shops less all expenses of
sale or auction under sub-section (2).
Uttar Pradesh: For Section 6-A of 1955 Act substitute:
6-A.
(1) Where any essential commodity is seized in
pursuance of an order made under Section 3 in relation
thereto a report to the effect shall without any
unreasonable delay be sent to the Collector of the
District in which the seizure is made and the Collector
may if he thinks it expedient so to do inspect or cause to
be inspected such essential commodity and whether or not a
prosecution is instituted for the contravention of such
order the Collector if satisfied that has been
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 without prejudice to any action that 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 where any animal, vehicle, vessel or other
conveyance is 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 seizure of the essential commodity sought to be
carried.
(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 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 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 as the case may be for the
sale of such foodgrains to the public through these shops:
Provided
also that whenever it is practicable so to do having
regards 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 6-C 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 this 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).
6-B.
Issue of show-cause notice before confiscation of
essential commodity. (1) No order confiscating any
essential commodity, package, covering, receptacle,
animal, vehicle, vessel or other conveyances shall be made
under Section 6-A unless the owner of such essential
commodity, package, covering, receptacle, animal, vehicle,
vessel or other conveyance or the person from whom it is
seized
(a)
is given a notice in writing informing him of the grounds
on which it is proposed to confiscate the essential
commodity, package, covering, receptacle, animal, vehicle,
vessel or other conveyance;
(b)
is given an opportunity of making a representation
is 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.
(2)
Without prejudice to the provisions of sub-section
(1) no order confiscating any animal, vehicle, vessel or
other conveyance proves to the satisfaction of the
Collector that it was used in carrying the essential
commodity without 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.
(3)
No order of 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 (1) if in giving such notice the
provisions of that clause have been substantially complied
with.
STATE AMENDMENT
Uttar
Pradesh:In
Section 6-B of the 1955 Act after the words essential
commodity wherever they occur the words or any
vessel, vehicle or other conveyance or animal shall be
inserted,
After Section
6-B of the 1955 Act the following section shall be
inserted: -
6-BB.
Review. (1)
Where the Collector is satisfied that an order of
confiscation or an order refusing confiscation made under
Section 6-A suffers from a 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 provision of Sections 6-C and 6-D shall apply
in relation to an order passed on such review as they
apply in relation to an order passed originally under
Section 6-A.
6-C.
Appeal. (1) Any person aggrieved by an order of
confiscation under Section 6-A may within one month from
the date of the communication to him of such order appeal
to the State Government concerned and the State Government
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 6-A is modified or annulled
by the State Government or where in a prosecution
instituted for the contravention of the order in respect
of which an order of confiscation has been under Section
6-A the person concerned is acquitted and in either case
it is not possible for any reason to return the essential
commodities seized such person shall except as provided by
sub-section (3) of Section 6-A be paid the price 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 (3-B) of Section 3;
(ii)
in the case of sugar in accordance with the
provisions of sub-section (3-C) 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.
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