Sections Particulars
Preamble
(1st April, 1955)An Act to provide, in the interest of the general public, for the control of the production, supply and distribution of, and trade and commer...
1 Short title and extent
(1) This Act may be called the Essential Commodities Act, 1955.(2) It extends to the whole of India [ 2 * * * 2 ]. ...
2 Definitions
In this Act, unless the context otherwise requires, -[ 3 (ia) "Code" means the Code of Criminal Procedure, 1973 (2 of 1973); 3 ][ 4 5 (iia) "Collector" incl...
3 Powers to control production, supply , distribution, etc., of essential commodities
(1) If the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or f...
4 Imposition of Duties of state Government Etc.
An order made under Sec. 3 may confer powers and impose duties upon the Central Government or the State Government or officers and authorities of the Central ...
5 Delegation of Power
The Central Government may, by notified order, direct that [ 20 the power to make orders or issue notification under Sec. 3 20 ] shall, in relation to such m...
6 Effects of orders inconsistent with other enactments
Any other made under Sec. 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrumen...
6-A Confiscation of essential commodity
[ 22 (1) 22 ] Where any [ 23 essential Commodity is seized 23 ] in pursuance of an order made under Sec. 3 in relation thereto. [ 24 a report of such seizure...
6-B Issue of show cause notice before confiscation of essential commodity
[ 31 No order confiscating any [ 32 essential commodity 32 ] package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be made under ...
6-C Appeal
(1) Any person aggrieved by an order of confiscation under Sec. 6-A may, within one month from the date of the communication to him of such order, appeal to ...
6-D Award of confiscation not to interfere with other punishments
The award of any confiscation under this Act by the Collector shall not prevent the infliction of any punishment to which the person affected thereby is liab...
6-E Bar of jurisdiction in certain cases
Whenever any essential commodity is seized in pursuance of an order made under Sec. 3 in relation thereto, or any package, covering or receptacle in which su...
7 Penalties
[ 47 (1) If any person contravenes any order made under Sec. 3, -(a) he shall be punishable, -(i) in the case of an order made with reference to Cl.(h) or C...
7-A Power of Central Government to recover certain amounts as arrears of land revenues
(1) Where any person, liable to, -(a) pay any amount in pursuance of any order made under Sec. 3, or(b) deposit any amount to the credit of any account or fund...
8 Attempts and abetment
Any person who attempts to contravene, or abets contravention of any order made under section 3 shall be deemed to have contravene that order:[ 60 PROVIDED t...
9 False Statements
If any person. –(i) when required by any order made under Sec. 3 to make any statement or furnish any information, makes any statement or furnishes any infor...
10 Offences by Companies
(1) If the person contravening an order made under Sec. 3 is a company, every person who, at the time the contravention was committed, was in charge of, and ...
10-A Offences to be cognizable and bailable
Notwithstanding anything contained in [ 63 the Code of Criminal Procedure, 1973 (2 of 1974) 63 ] every offence punishable under this Act shall be 64 cognizab...
10-AA Power to Arrest
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no officer below the rank of an officer incharge of a police station...
10-B Power of court to publish name, place of business, etc. of companies convicted under the Act.
(1) Where any company is convicted under this Act, it shall be competent for the Court convicting the company to cause the name and place of business of the...
10-C Presumption of culpable mental state
(1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Court shall presume the existenc...
11 Cognizance of offences
No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person ...
12 Special provision regarding fine
...
12-A Constitution of special courts
(1) The State Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute a...
12-AA Offences trialable by special courts
(1) Notwithstanding anything contained in the Code, -(a) all offences under this Act shall be triable only by the Special Court constituted for the area in ...
12-AB Appeal and revision
The High Court may exercise, so far as may be applicable, all the powers conferred by Chapter XXIX and XXX of the Code on a High Court, as if a Special Court...
12-AC Application of code to proceedings before a Special Court
Save as otherwise provided in this Act, the provisions of the Code (including the provisions as to bail and bonds) shall apply to the proceedings before a Spe...
12-B Grant of injunction etc., by civil courts
No Civil Court shall grant an injunction or make any order for any other relief, against the Central Government or any State Government or a public officer i...
13 Presumption as to orders
Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a court shall presume that such...
14 Burden of proof in certain cases
Where a person is prosecuted for contravening any order made under Sec. 3 which prohibits him from doing any act or being in possession of a thing without la...
15 Protection of action taken under Act
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance ...
15-A Prosecution of Public Servants
Where any person who is a public servant is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge ...
16 Repeals and savings
(1) The following laws are hereby repealed, -(a) The Essential Commodities Ordinance, 1955 (Ord. 1 of 1955);(b) any other law in force in any State immediate...
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!