or as a public demand]. — THE ESSENTIAL COMMODITIES ACT, 1955

7 [or as a public demand]. [or as a public demand]. liability of such person to pay or deposit such amount arose before or after such commencement] be liability of such person to pay or deposit such amount arose before or after such commencement] be recoverable by Government together with simple interest due thereon computed at the rate of 1[fifteen recoverable by Government together with simple interest due thereon computed at the rate of '[fifteen per cent.] per annum from the date of such default to the date of recovery of such amount, as an arrear per cent.] per annum from the date of such default to the date of recovery of such amount, as an arrear of land revenue 2[or as a public demand]. of land revenue 7[or as a public demand]. (2) The amount recovered under sub-section (1) shall be dealt with in accordance with the order (2) The amount recovered under sub-section (/) shall be dealt with in accordance with the order under which the liability to pay or deposit such amount arose. under which the liability to pay or deposit such amount arose. (2) The amount recovered under sub-section (1) shall be dealt with in accordance with the order (2) The amount recovered under sub-section (/) shall be dealt with in accordance with the order under which the liability to pay or deposit such amount arose. under which the liability to pay or deposit such amount arose. (3) Notwithstanding anything contained in any other law for the time being in force or any (3) Notwithstanding anything contained in any other law for the time being in force or any contract to the contrary, no court, tribunal or other authority shall grant any injunction or make any contract to the contrary, no court, tribunal or other authority shall grant any injunction or make any order prohibiting or restraining any Government from recovering any amount as an arrear of land order prohibiting or restraining any Government from recovering any amount as an arrear of land revenue revenue 4 " [or as a public demand] in pursuance of the provisions of sub-section (1). [or as a public demand] in pursuance of the provisions of sub-section (/). (3) Notwithstanding anything contained in any other law for the time being in force or any (3) Notwithstanding anything contained in any other law for the time being in force or any contract to the contrary, no court, tribunal or other authority shall grant any injunction or make any contract to the contrary, no court, tribunal or other authority shall grant any injunction or make any order prohibiting or restraining any Government from recovering any amount as an arrear of land order prohibiting or restraining any Government from recovering any amount as an arrear of land revenue 4[or as a public demand] in pursuance of the provisions of sub-section (1). revenue "[or as a public demand] in pursuance of the provisions of sub-section (/). (4) If any order, in pursuance of which any amount has been recovered by Government as an (4) If any order, in pursuance of which any amount has been recovered by Government as an arrear of land revenue arrear of land revenue 4 " [or as a public demand] under subsection (1) is declared by a competent court, [or as a public demand] under subsection (/) is declared by a competent court, after giving to the Government a reasonable opportunity of being heard, to be invalid, the Government after giving to the Government a reasonable opportunity of being heard, to be invalid, the Government shall refund the amount so recovered by it to the person from whom it was recovered, together with shall refund the amount so recovered by it to the person from whom it was recovered, together with simple interest due thereon, computed at the rate of simple interest due thereon, computed at the rate of 1 ' [fifteen per cent.] per annum, from the date of '[fifteen per cent.] per annum, from the date of recovery of such amount to the date on which such refund is made. recovery of such amount to the date on which such refund is made. (4) If any order, in pursuance of which any amount has been recovered by Government as an (4) If any order, in pursuance of which any amount has been recovered by Government as an arrear of land revenue 4[or as a public demand] under subsection (1) is declared by a competent court, arrear of land revenue "[or as a public demand] under subsection (/) is declared by a competent court, after giving to the Government a reasonable opportunity of being heard, to be invalid, the Government after giving to the Government a reasonable opportunity of being heard, to be invalid, the Government shall refund the amount so recovered by it to the person from whom it was recovered, together with shall refund the amount so recovered by it to the person from whom it was recovered, together with simple interest due thereon, computed at the rate of 1[fifteen per cent.] per annum, from the date of simple interest due thereon, computed at the rate of '[fifteen per cent.] per annum, from the date of recovery of such amount to the date on which such refund is made. recovery of such amount to the date on which such refund is made. Explanation Explanation . . ― .—F For the purposes of this section, For the purposes of this section, " " Government "Government" " means the Government by which means the Government by which the concerned order under section 3 was made or where such order was made by an officer or the concerned order under section 3 was made or where such order was made by an officer or authority subordinate to any Government, that Government.] authority subordinate to any Government, that Government. ] Explanation.―For the purposes of this section, "Government" means the Government by which Explanation.—For the purposes of this section, "Government" means the Government by which the concerned order under section 3 was made or where such order was made by an officer or the concerned order under section 3 was made or where such order was made by an officer or authority subordinate to any Government, that Government.] authority subordinate to any Government, that Government. ] STATE AMENDMENT STATE AMENDMENT STATE AMENDMENT STATE AMENDMENT Rajasthan Rajasthan Rajasthan Rajasthan Insertion of new section 7A in Central Act 10 of 1955. Insertion of new section 7A in Central Act 10 of 1955.--After section 7 of the Essential Commodities After section 7 of the Essential Commodities Act, 1955 (Central Act 10 of 1955), in its application to the State of /br/hr1, the following new section shall Act, 1955 (Central Act 10 of 1955), in its application to the State of /br/hr1, the following new section shall be inserted, namely:- be inserted, namely:Insertion of new section 7A in Central Act 10 of 1955.- After section 7 of the Essential Commodities Insertion of new section 7A in Central Act 10 of 1955.- After section 7 of the Essential Commodities Act, 1955 (Central Act 10 of 1955), in its application to the State of /br/hr1, the following new section shall Act, 1955 (Central Act 10 of 1955), in its application to the State of /br/hr1, the following new section shall be inserted, namely:- be inserted, namely:- "7A. Forfeiture of certain property used in the commission of the offence.-Whenever any "7A. Forfeiture of certain property used in the commission of the offence.-Whenever any offence relating to foodstuffs which is punishable under section 7 has been committed, the Court offence relating to foodstuffs which is punishable under section 7 has been committed, the Court shall direct that all the packages, coverings or receptacles in which any property liable to be shall direct that all the packages, coverings or receptacles in which any property liable to be forfeited under the said section is found and all the animals, vehicles, vessels or other conveyances forfeited under the said section is found and all the animals, vehicles, vessels or other conveyances used in carrying the said property shall be forfeited to the Government: used in carrying the said property shall be forfeited to the Government: "7A. Forfeiture of certain property used in the commission of the offence.-Whenever any "7A. Forfeiture of certain property used in the commission of the offence.-Whenever any offence relating to foodstuffs which is punishable under section 7 has been committed, the Court offence relating to foodstuffs which is punishable under section 7 has been committed, the Court shall direct that all the packages, coverings or receptacles in which any property liable to be shall direct that all the packages, coverings or receptacles in which any property liable to be forfeited under the said section is found and all the animals, vehicles, vessels or other conveyances forfeited under the said section is found and all the animals, vehicles, vessels or other conveyances used in carrying the said property shall be forfeited to the Government: used in carrying the said property shall be forfeited to the Government: Provided that if the Court is of opinion that it is not necessary to direct forfeiture in respect of Provided that if the Court is of opinion that it is not necessary to direct forfeiture in respect of all such packages, coverings or receptacles or such animals, vehicles, vessels or other conveyances all such packages, coverings or receptacles or such animals, vehicles, vessels or other conveyances or any of them, it may, for reasons to be recorded, refrain from doing so." or any of them, it may, for reasons to be recorded, refrain from doing so." Provided that if the Court is of opinion that it is not necessary to direct forfeiture in respect of Provided that if the Court is of opinion that it is not necessary to direct forfeiture in respect of all such packages, coverings or receptacles or such animals, vehicles, vessels or other conveyances all such packages, coverings or receptacles or such animals, vehicles, vessels or other conveyances or any of them, it may, for reasons to be recorded, refrain from doing so." or any of them, it may, for reasons to be recorded, refrain from doing so." [Vide Rajasthan Act 32 of 1960, s. 2] [Vide Rajasthan Act 32 of 1960, s. 2] [Vide Rajasthan Act 32 of 1960, s. 2] [Vide Rajasthan Act 32 of 1960, s. 2]

Section 7