Section 6A Confiscation of essential commodity2

3 [(1)] Where any 4 [essential commodity is seized] in pursuance of an order made under section 3 in relation thereto, 5 [a report of such seizure

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2. Ins. by Act 25 of 1966, s. 3 (w.e.f. 3-9-1966).

3. Section 6A renumbered as sub-section (1) thereof by Act 92 of 1976, s. 4 (w.e.f. 2-9-1976).

4. Subs. by Act 36 of 1967, s. 4, for "foodgrains, edible oilseeds or edible oils are seized" (w.e.f. 30-12-1967).

5. Subs. by Act 92 of 1976, s. 4, for "it may be produced without any unreasonable delay, before" (w.e.f. 2-9-1976).

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shall, without unreasonable delay, be made to] the Collector of the district or the Presidency town in which such 1 [essential commodity is seized] and whether or not a prosecution is instituted for the contravention of such order, the Collector 2 [may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied] that there has been a contravention of the order 3 [may order confiscation of―

(a) the essential commodity so seized;

(b) any package, covering or receptacle in which such essential commodity is found; and

Provided that without prejudice to any action which may be taken under any other provision of this Act, no foodgrains or edible oilseeds in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized foodgrains or edible oilseeds have been produced by him, be confiscated under this section:

4 [Provided further that in the case of any animal, vehicle, vessel or other conveyance used for the 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 market price at the date of seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance.]

4 [(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 the essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, he may―

(i) order the same to be sold at the controlled price, if any, fixed for such essential commodity under this Act or under any other law for the time being in force; or

(ii) where no such price is fixed, order the same to be sold by public auction:

Provided that in case of foodgrains, the Collector may, for its equitable distribution and availability at fair prices, order the same to be sold through fair price shops at the price fixed by the Central Government or by the State Government, as the case may be, for the retail sale of such foodgrains to the public.

(3) where any essential commodity is sold, as aforesaid, the sale proceeds thereof, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto, shall―

(a) where no order or confiscation is ultimately passed by the Collector,

(b) where an order passed on appeal under sub-section (1) of section 6C so requires, or

(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, be paid to the owner thereof or the person from whom it is seized.]

Section 6B Issue of show cause notice before confiscation of food grains, etc

5 [(1)] No order confiscating 6 [any 7 [essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance] shall be made under section 6A unless the owner of such 2 [essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance) or the person from whom 8 [it is seized]-

(a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the 8 [essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance];

Note

1. Subs. by Act 36 of 1967, s. 4, for "food grains, edible oilseeds or edible oils are seized" (w.e.f. 30-12-1967).

2. Subs. by Act 92 of 1976, s. 4, for "if satisfied" (w.e.f. 2-9-1976).

3. Subs. by Act 30 of 1974, s. 4, for "may order confiscation of the essential commodity so seized" (w.e.f. 22-6-1974).

4. Ins. by Act 92 of 1976, s. 4.

5. Section 6B renumbered as sub-section (1) thereof by Act 30 of 1974, s. 5 (w.e.f. 22-6-1974).

6. Subs. by Act 36 of 1967, s. 5, for "any foodgrain, edible oilseeds or edible oils" (w.e.f. 30-12-1967).

7. Subs. by Act 30 of 1974, s. 5, for "essential commodity" (w.e.f. 22-6-1974).

8. Subs. by Act 36 of 1967, s. 5, for "they are seized" (w.e.f. 30-12-1967).

(b) 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

(c) is given a reasonable opportunity of being heard in the matter. 1 [(2) Without prejudice to the provisions of sub-section (1), no order confiscating any animal, 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 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 taken all reasonable and necessary precautions against such use.]

2 [(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 the notice, given under clause (a) of sub-section (1), if, in giving such notice, the provisions of that clause have been substantially complied with.]

Section 6 C Appeal

(1) Any person aggrieved by an order of confiscation under section 6A may, within one month from the date of the communication to him of such order, appeal to any judicial authority appointed by the State Government concerned and the judicial authority shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against.

(2) Where an order under section 6A is modified or annulled by such judicial authority, or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under section 6A, the person concerned is acquitted, and in either case it is not possible for any reason to 3 [return the essential commodity seized ], 4 [such persons shall, except except as provided by sub-section (3) of section 6A, be paid] the price therefore 5 [as if the essential commodity,] had been sold to the Government with reasonable interest calculated from the day of the seizure of 6 [the essential commodity] 7 [and such price shall be determined―

(i) in the case of food grains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3B) of section 3;

(ii) in the case of sugar, in accordance with the provisions of subsection (3C) of section 3 ;
and

(iii) in the case of any other essential commodity, in accordance with the provisions of subsection (3) of section 3. ]

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1. Ins. by Act 30 0f 1974, s. 5 (w.e.f. 22-6-1974).)

2. Ins. by Act 92 of 1976, s. 5 (w.e.f. 2-9-1976).

3. Subs. by Act 36 of 1967, s. 6, for "return the foodgrains or edible oilseeds or edible oils seized" (w.e.f. 30-12-1967).

4. Subs. by Act 92 of 1976, s. 6, for "such person shall be paid".

5. Subs. by Act 36 of 1967, s. 6, for "as if the foodgrains, edible oilseeds or edible oils, as the case may be," (w.e.f. 30-12-1967).

6. Subs. by s. 6, ibid., for "articles" (w.e.f. 30-12-1967).

7. Subs. by s. 6, ibid., for "and such price shall be determined in accordance with the provisions of sub-section (3B) of section 3. (w.e.f. 30-12-1967).

Section 6D 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 liable under this Act.]

Section 6E Bar of jurisdiction in certain cases8

Whenever any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, or any package, covering or receptacle in which such essential commodity is found, or any animal, vehicle, vessel or other conveyance used in carrying such essential commodity is seized pending confiscation under section 6A, the Collector, or, as the case may be, the State Government concerned under section 6C shall have, and, notwithstanding anything to the contrary contained in any other law for the time being in force, any court, tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance.]

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8. Subs. by Act 42 of 1986, s. 2, for section 6E (w.e.f. 9-9-1986).