Sections 13, 14, 15, 15A and 16 of the Essential Commodities Act, 1955
These provisions deal with the presumption attached to statutory orders, the burden of proving lawful authority or a licence in specified prosecutions, protection for good-faith action, previous sanction for prosecution of certain public servants, and the repeal-and-saving framework of the Act.
Section 13 - Presumption as to orders
Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a court shall presume that such order was so made by that authority within the meaning of the Indian Evidence Act, 1872 (1 of 1872).
Meaning and effect
Section 13 creates a statutory presumption concerning an order that appears to have been made and signed by the competent authority under the Act. It assists proof of the formal making of such an order, while the legal effect of the order and other issues in a particular proceeding remain matters for the court.
Section 14 - Burden of proof in certain cases
Where a person is prosecuted for contravening any order made under section 3 which prohibits him from doing any act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document shall be on him.
Meaning and effect
This is a specific evidentiary rule. When the prosecution concerns contravention of a Section 3 order of the kind described in Section 14, the accused bears the burden of proving the asserted lawful authority, permit, licence or other qualifying document.
Section 15 - Protection of action taken under Act
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made under section 3.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under section 3.
Meaning and effect
The protection is tied to action done or intended to be done in good faith in pursuance of an order under Section 3. Sub-section (1) concerns proceedings against a person, while sub-section (2) addresses specified claims against the Government.
Section 15A - Prosecution of public servants
Where any person who is a public servant is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his duty in pursuance of an order made under section 3, no court shall take cognizance of such offence except with the previous sanction -
(a) of the Central Government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union;
(b) of the State Government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the State.
Meaning and effect
Section 15A imposes a previous-sanction requirement before a court takes cognizance of the specified alleged offence of a public servant. The sanctioning Government depends on whether the relevant employment is connected with the affairs of the Union or of the State.
Section 16 - Repeals and savings
(1) The following laws are hereby repealed:
(a) the Essential Commodities Ordinance, 1955 (1 of 1955);
(b) any other law in force in any State immediately before the commencement of this Act in so far as such law controls or authorises the control of the production, supply and distribution of, and trade and commerce in, any essential commodity.
(2) Notwithstanding such repeal, any order made or deemed to be made by any authority whatsoever, under any law repealed hereby and in force immediately before the commencement of this Act, shall, in so far as such order may be made under this Act, be deemed to be made under this Act and continue in force, and accordingly any appointment made, licence or permit granted or direction issued under any such order and in force immediately before such commencement shall continue in force until and unless it is superseded by any appointment made, licence or permit granted or direction issued under this Act.
(3) The provision of sub-section (2) shall be without prejudice to the provision contained in section 6 of the General Clauses Act, 1897 (10 of 1897), which shall also apply to the repeal of the Ordinance or other law referred to in sub-section (1) as if such Ordinance or other law had been an enactment.
Meaning and effect
Section 16 repeals the earlier Ordinance and overlapping State law to the stated extent, while preserving qualifying existing orders, appointments, licences, permits and directions until superseded. Sub-section (3) additionally preserves the operation of Section 6 of the General Clauses Act, 1897.
Official text and related provisions
For authoritative verification, see the Essential Commodities Act, 1955 on India Code. Section 14 operates specifically in relation to an order made under Section 3.