ESSENTIAL COMMODITIES (SPECIAL PROVISIONS) ACT 1981

THE ESSENTIAL COMMODITIES (SPECIALPROVISIONS) ACT, 1981

ACT No. 18 OF 1981 1

2nd September, 1981

An Act to make certain special provisionsby way of amendments to the Essential Commodities Act, 1955, for a temporaryperiod for dealing more effectively with persons indulging in hoarding andblack-marketing of, and profiteering in, essential commodities and with theevil of vicious inflationary prices and for matters connected therewith orincidental thereto.

____________________

1. Enforced on 1-9-1982 in all the Statesand Union Territories except in the Union Territories of the Andaman andNicobar Islands, Arunachal Pradesh, Dadra and Nagar Haveli, Lakshadweep andMizoram – G.S.R. 553 (E), dated 31st August, 1982, published in the Gazette ofIndia, Extra., 1982 Pt II Sec.3.

WHEREAS for ensuring the availability ofessential commodities at fair prices, it is necessary to curb the hoarding andblack-marketing of, and profiteering in, such commodities;

AND WHEREAS for dealing more effectivelywith persons indulging in such anti-social activities and the evil of viciousinflationary prices, it is necessary to make certain special provisions by wayof amendments to the Essential Commodities Act, 1955, (10 of 1955) for a periodof 1 [fifteen years];

____________________

1. Subs. by the Essential Commodities(Special Provisions) Amendment Act, (34 of 1993) Sec.2 for "tenyears" (27-8-1992)

BE it enacted by Parliament in theThirty-second Year of the Republicof India as follows: –

1.Short title: (1) This Act may becalled the Essential Commodities (Special Provisions) Act, 1981.

(2) It shall come into force on such dateas the Central Government may, by notification in the Official Gazette, appointand different dates may be appointed for different States.

(3) It shall cease to have effect on theexpiry of 1 [fifteen years] from the date of commencement of this Act except asrespects things done or omitted to be done before such Caesar of operation ofthis Act, and section 6 of the General Clauses Act, 1897, shall apply upon suchCaesar of operation of this Act as if it had then been repealed by a CentralAct.

(4) References in this Act to thecommencement of this Act and to the continuance in force of this Act shall beconstrued in relation to each State as references, respectively, to the cominginto force of this Act in that State and to the continuance in force of thisAct in that State.

____________________

1. Subs. by the Essential Commodities(Special Provisions) Amendment Act, (34 of 1993) Sec.2 for "tenyears" (27-8-1992)

2.Act 10 of 1955 to have effect subject to certain special provisions fora temporary period: During the continuance in force of this Act, the EssentialCommodities Act, 1955 (hereinafter referred to as the principal Act) shall haveeffect subject to the amendments specified in sections 3 to 11:

Provided that the amendments specified insections 7 to 11 shall not apply to, or in relation to, any offence under theprincipal Act committed before the commencement of this Act and the provisionsof the principal Act shall apply to, and in relation to, such offence as ifthose amendments had not been made.

3.Amendment of section 2: In section 2 of the principal Act, –

(a) clause (ia) shall be re-numbered as clause (iia),and before clause (iia) as so re-numbered, thefollowing clause shall be inserted, namely:-

(ia)"Code" means the code of Criminal Procedure 1973;’;and

(b) after clause(e) , the following clause shall be inserted namely:-

"(f) wordsand expressions used but not defined in this Act and defined in the Code shallhave the meanings respectively assigned to them in that Code.".

4.Amendment of section 6A: In section 6A of the principal Act, for the provisoto sub-section (2), the following proviso shall be substituted, namely: –

"Provided that in the case of any suchessential commodity the retail sale price whereof has been fixed by he CentralGovernment or a State Government under this Act or under any other law for thetime being in force, the Collector may, for its equitable distribution andavailability at fair prices, order the same to be sold through fair price shopsat the price so fixed.".

5.Amendment of section C: In section 6C of the principal Act,-

(a) in sub-section(1) , for the words "any judicial authority appointed by the StateGovernment concerned and the judicial authority", the words "theState Government concerned and the State Government" shall be substituted;

(b)in sub-section (2), for the words "such judicialauthority", the words "the State Government" shall besubstituted.

6.Amendment of section 6E: In section 6E of the principal Act,-

(a) for the words,figure and letter "the judicial authority appointed under section6C", the words figure and letter "the State Government concerned undersection 6C" shall be substituted;

(b) for the words"any other court, tribunal or authority", the words "any court,tribunal or other authority" shall be substituted.

7.Amendment of section 7: In section 7 of the principal Act,-

(a) in sub-section(1) , the proviso to sub-clause (ii) of clause (a) shall be omitted;

(b) the proviso tosub-section (2) shall be omitted;

(c) the proviso tosub-section (2A) shall be omitted;

(d) sub-section(2B) shall be omitted.

8.Amendment of section 8: To section 8 of the principal Act, the followingproviso shall be added, namely:-

"Provided that where a person hasabetted the contravention of any order for the purpose of procuring anyessential commodity of the nature mentionedin sub-clause(iva) or sub-clause (v) of clause(a) of section 2 for his own use or for the use of any member of his family orfor the use of any person dependent on him, and not for the purpose of carryingon any business or trade in such essential commodity, the court may,notwithstanding anything contained in section 7 and for reasons to be mentionedin the judgment, impose a sentence of fine only.".

9.Amendment of section 10A: In section 10A of the Principal Act, after the word"cognizable", the words "and non-bailable"shall be inserted.

9A.Insertion of new section 10AA in Act 10of 1955: In the Essential Commodities, Act, 1955, (10 of 1955) after section10A, the following section shall be inserted, namely;

"10AA.Power to Arrest: Notwithstandinganything contained in the Code of Criminal Procedure, 1973, (2 of 1974) noofficer below the rank of an officer in charge of a police station or anypolice officer authorized by him in this behalf in writing shall arrest anyperson accused of committing an offence punishable under this Act.

10.Omission ofsection 12: Section 12 of the principal Act shall be omitted.

11.Substitution ofnew sections for section 12A: For section 12A of the principal Act, thefollowing sections shall be substituted, namely: –

"12A. Constitution of Special Courts:(1) The State Government may, for the purpose of providing speedy trial of theoffences under this Act, by notification in the official Gazette, constitute asmany Special Courts as may be necessary for such area or areas as may bespecified in the notification.

(2) A Special Court shall consist of a single judge who shall be appointed by the HighCourt upon a request made by the State Government.

Explanation: – In this sub-section, theword "appoint" shall have the meaning given to it in the Explanationto section 9 of the Code.

(3) A person shall not be qualified forappointment as a judge of a SpecialCourt unless –

(a) he isqualified for appointment as a judge of a High Court, or(b) he has, for aperiod of not less than one year, been a Sessions Judge or an AdditionalSessions Judge.

12AA.Offences triableby special Courts: (1) Notwithstanding anythingcontained in the Code, –

(a) all offences under this Act shall betrial only by the Special Court constituted for the area in which the offence hasbeen committed or where there are more Special Courts than one for such area,by such one of them, as may be specified in this behalf by the High Court;

(b) Where a person accused of or suspectedof the commission of an offence under this Act is forwarded to a Magistrateunder sub-section (2) or sub-section (2A) of section 167 of the Code, suchMagistrate may authorise the detention of such personin such custody as he thinks fit for a period not exceeding fifteen days in thewhole where such Magistrate is a Judicial Magistrate and seven days in thewhole where such Magistrate is an Executive Magistrate:

Provided that where such Magistrateconsiders-

(i) When such person is forwarded to him asaforesaid; or

(ii) upon or atany time before the expiry of the period of detention authorisedby him;

that the detention of such person isunnecessary, he may, if he is satisfied that the case falls under the provisoto section 8, order the release of such person on bail and if he is not sosatisfied, he shall order such person to be forwarded to the Special Courthaving jurisdiction;

(c) the Special Court may, subject to theprovisions of clause (d) of this sub-section, exercise, in relation to theperson forwarded to it under clause (b), the same power which a Magistratehaving jurisdiction to try a case may exercise under section 167 of the Code inrelation to an accused person in such case who has been forwarded to him underthat section;

(d) save as aforesaid no person accused ofor suspected of the commission of an offence under this Act shall be releasedon bail by any court other than a Special Court or the High Court:

Provided that a Special Court shall not release any suchperson on bail-

(i) Without giving the prosecution anopportunity to oppose the application for such release unless the SpecialCourt, for reasons to be recorded in writing, is of opinion that it is notpracticable to give such opportunity; and

(ii) where theprosecution opposes the application, if the Special Court is satisfied that thereappear reasonable grounds for believing that he has been guilty of the offenceconcerned:

Provided further that the Special Court maydirect that any such person may be released on bail if he is under the age ofsixteen years or is a woman or is a sick or infirm person, or if the SpecialCourt is satisfied that it is just and proper so to do for any other specialreason to be recorded in writing;

(e) a Special Court may, upon a perusal ofpolice report of the facts constituting an offence under this Act takecognizance of that offence without the accused being committed to it for trial;

(f) all offencesunder this Act shall be tried in a summary way and the provisions of sections262to 265 (both inclusive) of the Code shall, as far as may be, apply to suchtrial:

Provided that in the case of any convictionin a summary trial under this section, it shall be lawful for the Special Courtto pass a sentence of imprisonment for a term not exceeding two years.

(2) When trying an offence under this Act,a Special Courtmay also try an offence other than an offence under this Act, with which theaccused may, under the Code, be charged at the same trial:

Provided that such other offence is, underany other law for the time being in force, trial in a summary way:

Provided further that in the case of anyconviction for such other offence in such trial, it shall not be lawful for theSpecial Courtto pass a sentences of imprisonment for a termexceeding the term provided for conviction in a summary trial under such otherlaw.

(3) A Special Court may, with a view toobtaining the evidence of any person suspected to have been directly orindirectly concerned in, or privy to, an offence under this Act, tender apardon to such person on condition of his making a full and true disclosure ofthe whole circumstances within his knowledge relating to the offence and toevery other person concerned whether as principal or abettor in the commissionhereof and any pardon so tendered shall, for the purposes of section 308 of theCode, be deemed to have been tendered under section 307 thereof.

(4) Nothing contained in this section shallbe deemed to affect the special powers of the High Court regarding bail undersection 439 of the Code and the High court may exercises such powers includingthe power under clause (b) of sub-section (1) of the section as if thereference to "Magistrate" in that section included also a referenceto a "Special Court" constituted under section 12A.

12AB.Appeal and revision: The High Courtmay exercise, so far as may be applicable all the powers conferred by chaptersXXIX and XXX of the code on a High Court, as if a Special Court within thelocal limits of the jurisdiction of the High Court were a Court of Sessionstrying cases within the local limits of the jurisdiction of the High Court.

12AC.Application of code to proceedingsbefore a special Courts: Save as otherwise provided in this Act, the provisionsof the Code (including the provisions as to bail and bonds) shall apply to theproceeding before a Special Court and for the purposes of the said provisions,the Special Court shall be deemed to be a Court of Sessions and the personconducting a prosecution before a Special Court, shall be deemed to be a PublicProsecutor.’

***