Sections 4, 5 and 6 of the Essential Commodities Act 1955
Sections 4, 5 and 6 explain how orders made under Section 3 may place duties on governments and public authorities, how the Central Government may delegate its Section 3 powers, and how a Section 3 order operates where another enactment or statutory instrument contains an inconsistent provision.
Act: The Essential Commodities Act, 1955 (Act No. 10 of 1955) | Enforcement date: 1 April 1955
Section 4 - Imposition of duties on State Governments, etc.
What Section 4 means
Section 4 is an enabling provision connected directly with Section 3 of the Essential Commodities Act. When a valid control order is made under Section 3, that order can allocate administrative powers and duties to the Central Government, State Governments, and their officers or authorities. It can also direct State authorities on how those powers and duties are to be exercised.
Section 5 - Delegation of powers
Meaning of "notified order"
Under Section 2 of the Act, a "notified order" means an order notified in the Official Gazette. Accordingly, a delegation under Section 5 is not merely an internal administrative arrangement; the statutory power is exercised through a notified order that identifies the delegate, relevant matters, and any conditions governing the delegation.
1971 amendment to Section 5
The words referring to "the power to make orders or issue notifications under section 3" were substituted by Section 3 of the Essential Commodities (Amendment) Act, 1971 (Act 66 of 1971), with effect from 23 December 1971. This amendment is reflected in the current statutory text.
Section 6 - Effect of orders inconsistent with other enactments
What Section 6 means
Section 6 gives a valid Section 3 order overriding effect to the extent of an inconsistency with another enactment or an instrument operating under another enactment. The provision does not state that every other law is displaced generally; its operation is tied to an inconsistency with the Section 3 order.
How Sections 4, 5 and 6 work together
These provisions form part of the statutory machinery supporting Section 3. Section 4 permits a Section 3 order to confer powers, impose duties, and issue directions to government authorities. Section 5 allows the Central Government to delegate the statutory power to make Section 3 orders or issue Section 3 notifications, subject to the terms of a notified delegation. Section 6 then addresses the legal effect of a Section 3 order when it conflicts with provisions contained in another enactment or an instrument made under another enactment.