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).

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.

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.

Section 15A Prosecution of public servants

Where any person who is a public servant is accused of 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.]

Section 16 Repeal and Saving

(1) The following laws are hereby repealed:-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(2) Notwithstanding such repeal, any order made or deemed to be made by any authority whatsoever, under any law repealed hereby and in force immediately before the commencement of this Act, shall, in so far as such order may be made under this Act, be deemed to be made under this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.

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1. Subs. by Act 30 of 1974, s. 10, for "or of fine not exceeding two thousand rupees or both" (w.e.f. 22-6-1974).

2. Subs. by s. 10, ibid., for "section 517" (w.e.f. 22-6-1974).

3. The words "of imprisonment or fine" omitted by s. 10, ibid. (w.e.f. 22-6-1974).

4. Subs. by s. 10, ibid., for sub-section (4) (w.e.f. 22-6-1974).

5. Ins. by s. 11, ibid. (w.e.f. 22-6-1974).

6. Ins. by Act 92 of 1976, s. 8 (w.e.f. 2-9-1976)

Essential Commodities Act 1955

Section 1 Short Title and Extent, Section 2 Definitions, Section 2A Essential Commodities Declaration etc

Section 3 Powers to control production, supply, distribution, etc., of essential commodities

Section 4 Imposition of duties on State Governments, etc

Section 5 Delegation of powers