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Section 6B

Issue of show cause notice before confiscation of food grains, ete.—![(/)] No order confiscating 2[any 3[essential commodity] package, covering, receptacle, animal, vehicle, vessel or

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6B. Issue of show cause notice before confiscation of food grains, ete.—![(/)] No order confiscating 2[any 3[essential commodity] package, covering, receptacle, animal, vehicle, vessel or confiscating *[any *[essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance] other conveyance] shall be made under section 6A unless the owner of such 2[essential shall be made under section6A unless the owner of such '[essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance) or the person commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance) or the person y] pg from whom 4[it is seized]― from whom "Tit is seized] — (a) is given a notice in writing informing him of the grounds on which it is proposed to (a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the confiscate the 3 * [essential commodity] package, covering, receptacle, animal, vehicle, vessel or [essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance]; other conveyance]; (a) is given a notice in writing informing him of the grounds on which it is proposed to (a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the 3[essential commodity] package, covering, receptacle, animal, vehicle, vessel or confiscate the *[essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance]; other conveyance]; (b) is given an opportunity of making a presentation in wiring within such reasonable time as (5) is given an opportunity of making a presentation in wiring within such reasonable time as may be specified in the notice against the ground of confiscation; and may be specified in the notice against the ground of confiscation; and (b) is given an opportunity of making a presentation in wiring within such reasonable time as (5) is given an opportunity of making a presentation in wiring within such reasonable time as may be specified in the notice against the ground of confiscation; and may be specified in the notice against the ground of confiscation; and (c) is given a reasonable opportunity of being heard in the matter. (c) is given a reasonable opportunity of being heard in the matter. (c) is given a reasonable opportunity of being heard in the matter. (c) is given a reasonable opportunity of being heard in the matter. 5 ° [(2) Without prejudice to the provisions of sub-section (1), no order confiscating any animal, [(2) Without prejudice to the provisions of sub-section (/), no order confiscating any animal, vehicle, vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle vehicle, vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had 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.] taken all reasonable and necessary precautions against such use. ] 5 [(2) Without prejudice to the provisions of sub-section (1), no order confiscating any animal, °[(2) Without prejudice to the provisions of sub-section (/), no order confiscating any animal, vehicle, vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle vehicle, vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had 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.] taken all reasonable and necessary precautions against such use. ] [ [(3) No order confiscating any essential commodity package, covering, receptacle, animal, (3) No order 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 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 the notice, given under clause (a) of sub-section (/), if, in giving such notice, the provisions of that clause have been substantially complied with.] clause have been substantially complied with. ] 6 [(3) No order confiscating any essential commodity package, covering, receptacle, animal, [(3) No order 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 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 the notice, given under clause (a) of sub-section (/), if, in giving such notice, the provisions of that clause have been substantially complied with.] clause have been substantially complied with. ] STATE AMENDMENT STATE AMENDMENT STATE AMENDMENT STATE AMENDMENT Uttar Pradesh Uttar Pradesh Uttar Pradesh Uttar Pradesh Insertion of new section 6BB Insertion of new section 6BB. . — —A — A —After section 6 After section 6- -B B of the principal Act, the following section shall be B of the principal Act, the following section shall be inserted, namely:-- inserted, namely:-Insertion of new section 6BB.—After section 6-B of the principal Act, the following section shall be Insertion of new section 6BB.— After section 6-B of the principal Act, the following section shall be inserted, namely:-- inserted, namely:-- " " 6BB. Review "6BB. Review.-. --- -(1 (1) Where the Collector is satisfied that an order of confiscation or an order 1) Where the Collector is satisfied that an order of confiscation or an order refusing confiscation made under section 6A suffers from a mistake apparent on the face of the refusing confiscation made under section 6A suffers from a mistake apparent on the face of the record (including any mistake of law) he may within one month of such order issue notice to the record (including any 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 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 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 order should not be reviewed, and after giving him a reasonable opportunity of being heard, pass such order on review as he thinks fit. such order on review as he thinks fit. "6BB. Review.--(1) Where the Collector is satisfied that an order of confiscation or an order "6BB. Review.--(1) Where the Collector is satisfied that an order of confiscation or an order refusing confiscation made under section 6A suffers from a mistake apparent on the face of the refusing confiscation made under section 6A suffers from a mistake apparent on the face of the record (including any mistake of law) he may within one month of such order issue notice to the record (including any 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 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 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 order should not be reviewed, and after giving him a reasonable opportunity of being heard, pass such order on review as he thinks fit. such order on review as he thinks fit. (2) The provisions of sections 6C and 6D shall apply in relation to an order passed originally (2) The provisions of sections 6C and 6D shall apply in relation to an order passed originally under section 6A." under section 6A." (2) The provisions of sections 6C and 6D shall apply in relation to an order passed originally (2) The provisions of sections 6C and 6D shall apply in relation to an order passed originally under section 6A." under section 6A." [Vide Uttar Pradesh Act 18 of 1975, s. 6] [Vide Uttar Pradesh Act 18 of 1975, s. 6] [Vide Uttar Pradesh Act 18 of 1975, s. 6] [Vide Uttar Pradesh Act 18 of 1975, s. 6]