Ins. by Act 92 of 1976, s. 4 — THE ESSENTIAL COMMODITIES ACT, 1955

8. Ins. by Act 92 of 1976, s. 4 O . Ins. by Act 92 of 1976, s. 4. . . Ins. by Act 92 of 1976, s. 4. . Ins. by Act 92 of 1976, s. 4. 5 7 8 OADM (c) where in a prosecution instituted for the contravention of the order in respect of which an (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, order of confiscation has been made under this section, the person concerned is acquitted, (c) where in a prosecution instituted for the contravention of the order in respect of which an (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, 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.] be paid to the owner thereof or the person from whom it is seized. ] be paid to the owner thereof or the person from whom it is seized.] be paid to the owner thereof or the person from whom it is seized. ] STATE AMENDMENT STATE AMENDMENT STATE AMENDMENT STATE AMENDMENT Uttar Pradesh Uttar Pradesh Uttar Pradesh Uttar Pradesh Substitution of new section for section 6 Substitution of new section for section 6 - -A -A. . .—T The following section shall be substituted, namely— The following section shall be substituted, namely— Substitution of new section for section 6-A.—The following section shall be substituted, namely— Substitution of new section for section 6-A.—The following section shall be substituted, namely— " " 6A Confiscation of seized commodities "6A Confiscation of seized commodities,-, --- -(1 (1) Where any essential commodity is seized in 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 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 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 so, inspect or cause to be inspected such essential the Collector may, if he thinks it expedient so to so, inspect or cause to be inspected such essential commodity, and whether or not a prosecution is instituted for the contravention of such order, the 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- Collector, if satisfied that there has been contravention of the order, may order confiscation of"6A Confiscation of seized commodities,--(1) Where any essential commodity is seized in "6A 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 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 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 so, inspect or cause to be inspected such essential the Collector may, if he thinks it expedient so to so, inspect or cause to be inspected such essential commodity, and whether or not a prosecution is instituted for the contravention of such order, the 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- Collector, if satisfied that there has been contravention of the order, may order confiscation of- (a) the essential commodity so seized; (a) the essential commodity so seized; (a) the essential commodity so seized; (a) the essential commodity so seized; (b) any package, covering or receptacle in which such essential commodity is found; and (b) any package, covering or receptacle in which such essential commodity is found; and (b) any package, covering or receptacle in which such essential commodity is found; and (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 (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity: commodity: (c) any animal, vehicle, vessel or other conveyance used in carrying such essential (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity: commodity: Provided that without prejudice to any action that may be taken under any other provision of Provided that without prejudice to any action that may be taken under any other provision of this Act, no food grains or edible oilseeds seized in pursuance of an order made under section 3 in this Act, no food grains 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 relation thereto from a producer shall, if the seized food grains or edible oilseeds have been produced by him, be confiscated under this section: produced by him, be confiscated under this section: Provided that without prejudice to any action that may be taken under any other provision of Provided that without prejudice to any action that may be taken under any other provision of this Act, no food grains or edible oilseeds seized in pursuance of an order made under section 3 in this Act, no food grains 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 relation thereto from a producer shall, if the seized food grains or edible oilseeds have been produced by him, be confiscated under this section: produced by him, be confiscated under this section: Provided further that where any animal, vehicle, vessel or other conveyance is used for the 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 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 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. market price at the date of seizure of the essential commodity sought to be carried. Provided further that where any animal, vehicle, vessel or other conveyance is used for the 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 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 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. 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 (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 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 so , he may speedy and natural decay or that it is otherwise expedient in the public interest so to so , he may order the same to be sold at the controlled price if any, fixed under any law for the time being in 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: force; or where no such price is fixed by auction: (2) Where the Collector on receiving a report of seizure or on inspection of any essential (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 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 so , he may speedy and natural decay or that it is otherwise expedient in the public interest so to so , he may order the same to be sold at the controlled price if any, fixed under any law for the time being in 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: force; or where no such price is fixed by auction: Provided that, in the case of food grains where there is no controlled price, the Collector may Provided that, in the case of food grains where there is no controlled price, the Collector may order the food grains seized to be sold through fair price shops at the price fixed by the Central order the food grains 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 food grains to the Government or the State Government as the case may be for the sale of such food grains to the public through these shops: public through these shops: Provided that, in the case of food grains where there is no controlled price, the Collector may Provided that, in the case of food grains where there is no controlled price, the Collector may order the food grains seized to be sold through fair price shops at the price fixed by the Central order the food grains 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 food grains to the Government or the State Government as the case may be for the sale of such food grains to the public through these shops: public through these shops: Provided also that, whenever it is practicable so to so, having regard to the nature of the Provided also that, whenever it is practicable so to so, having regard to the nature of the essential commodity, he shall take and preserve sample of the same before its sale or auction. essential commodity, he shall take and preserve sample of the same before its sale or auction. Provided also that, whenever it is practicable so to so, having regard to the nature of the Provided also that, whenever it is practicable so to so, having regard to the nature of the essential commodity, he shall take and preserve sample of the same before its sale or auction. 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 (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— deduction of the expenses of the sale or auction, as the case may be, shall— (3) Where any essential commodity is sold as aforesaid, the sale proceeds thereof after (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— 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 (a) where no order of confiscation is ultimately passed by the Collector; or (a) where no order of confiscation is ultimately passed by the Collector; or (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 6C so requires; or (b) where an order passed, on appeal under sub-clause (1) of section 6C so requires; or (b) where an order passed, on appeal under sub-clause (1) of section 6C so requires; or (b) where an order passed, on appeal under sub-clause (1) of section 6C so requires; or (c) in the case of a prosecution being instituted for the contravention of the order in (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 respect of which an order of confiscation has been made under (c) in the case of a prosecution being instituted for the contravention of the order in (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 respect of which an order of confiscation has been made under be paid to the owner thereof or the person from whom it is seized: be paid to the owner thereof or the person from whom it is seized: be paid to the owner thereof or the person from whom it is seized: be paid to the owner thereof or the person from whom it is seized: Provided that, in the case of food grains sold through fair price shops in accordance with the Provided that, in the case of food grains sold through fair price shops in accordance with the first proviso to sub-section (2) the owner shall be paid for the food grains so sold the price fixed first proviso to sub-section (2) the owner shall be paid for the food grains so sold the price fixed by the State Government, for retail sale of such food grains through such shops, less all expenses by the State Government, for retail sale of such food grains through such shops, less all expenses of sale or auction under sub of sale or auction under sub- -s section (2)."] section (2)."] Provided that, in the case of food grains sold through fair price shops in accordance with the Provided that, in the case of food grains sold through fair price shops in accordance with the first proviso to sub-section (2) the owner shall be paid for the food grains so sold the price fixed first proviso to sub-section (2) the owner shall be paid for the food grains so sold the price fixed by the State Government, for retail sale of such food grains through such shops, less all expenses 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)."] of sale or auction under sub-section (2)."] [Vide Uttar Pradesh Act 18 of 1975, s. 5] [Vide Uttar Pradesh Act 18 of 1975, s. 5] [Vide Uttar Pradesh Act 18 of 1975, s. 5] [Vide Uttar Pradesh Act 18 of 1975, s. 5] Substitution of sections 6 Substitution of sections 6- -A A and 6 A and 6 - -C -C. . .—In In the principal Act, for sections 6-A and 6-C as n the principal Act, for sections 6-A and 6-C as amended or substituted by the Uttar Pradesh Amendment, sections 6-A and 6-C respectively, as amended or substituted by the Uttar Pradesh Amendment, sections 6-A and 6-C respectively, as amended or substituted by the Central Amendment, shall be and be deemed with effect from the date amended or substituted by the Central Amendment, shall be and be deemed with effect from the date of commencement of the Central Amendment to have been substituted. of commencement of the Central Amendment to have been substituted. Substitution of sections 6-A and 6-C.—In the principal Act, for sections 6-A and 6-C as Substitution of sections 6-A and 6-C.—In the principal Act, for sections 6-A and 6-C as amended or substituted by the Uttar Pradesh Amendment, sections 6-A and 6-C respectively, as amended or substituted by the Uttar Pradesh Amendment, sections 6-A and 6-C respectively, as amended or substituted by the Central Amendment, shall be and be deemed with effect from the date amended or substituted by the Central Amendment, shall be and be deemed with effect from the date of commencement of the Central Amendment to have been substituted. of commencement of the Central Amendment to have been substituted. [Vide Uttar Pradesh Act XVI of 1978, s. 4] [Vide Uttar Pradesh Act XVI of 1978, s. 4] [Vide Uttar Pradesh Act XVI of 1978, s. 4] [Vide Uttar Pradesh Act XVI of 1978, s. 4]

Section 8