THE ESSENTIAL COMMODITIES ACT, 1955 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title and extent. 

2.  Definitions. 

2A. Essential commodities declaration, etc. 

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

4.  Imposition of duties on State Governments, etc. 

5.  Delegation of powers. 

6.  Effect of orders inconsistent with other enactments. 

6A. Confiscation of essential commodity. 

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

6C. Appeal. 

6D. Award of confiscation not to interfere with other punishments. 

6E. Bar of jurisdiction in certain cases. 

7.  Penalties. 

7A. Power of Central Government to recover certain amounts as arrears of land revenue. 

8.  Attempts and abetment. 

9.  False statement. 

10.  Offences by companies. 

10A. Offences to be cognizable. 

10B. Power of court to publish name, place of business, etc., of companies convicted under 

the Act. 

10C. Presumption of culpable mental state. 

11.  Cognizance of offences. 

12.  Special provision regarding fine. 

12A. Power to try summarily. 

12B. Grant of injunction, etc., by civil courts. 

13.  Presumption as to orders. 

14.  Burden of proof in certain cases. 

15.  Protection of action taken under Act. 

15A. Prosecution of public servants. 

16.  Repeals and savings. 

THE SCHEDULE. 

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THE ESSENTIAL COMMODITIES ACT, 19551 

ACT NO. 10 OF 1955 

[1st April, 1955.] 

An  Act  to  provide,  in  the  interest  of  the  general  public,  for  the  control  of  the  production, 

supply and distribution of, and trade and commerce, in certain commodities. 

BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:― 

 1. Short title and extent.―(1) This Act may be called the Essential Commodities Act, 1955. 

(2) It extends to the whole of India 2***. 

2. Definitions.―In this Act, unless the context otherwise requires,― 

3[(ia) “Collector” includes an Additional Collector and such other officer, not below the rank 
of  Sub-Divisional  Officer,  as  may  be  authorised  by  the  Collector  to  perform  the  functions  and 
exercise the powers of the Collector under this Act;] 

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 (b) “food-crops” include crops of sugarcane; 

 (c) “notified order” means an order notified in the Official Gazette;  

5[(cc) “order” includes a direction issued thereunder;] 

6[(d) “State Government,” in relation to a Union territory, means the administrator thereof;] 

5[(e) “sugar” means― 

(i)  any  form  of  sugar  containing  more  than  ninety  per  cent,  of  sucrose,  including  sugar 

candy; 

(ii) khandsari sugar or bura sugar or crushed sugar or any sugar in crystalline or powdered 

form; or 

(iii) sugar in process in vacuum pan sugar factory or raw sugar produced therein.] 

Maharashtra 

STATE AMENDMENT 

Amendment  of  section  2  of  Act  10  of  1955.--In  section  2  of  the  Essential  Commodities  Act, 

1955 (10 of 1955), in its application to the State of Maharashtra,-- 

(a) for clause (ia), the following clause shall be substituted, namely:-- 

"(ia) "Collector" in any Rationing Area means the Controller of Rationing designated for 
that  area  and  includes  the  Deputy  or  Assistant  Controller  or  Rationing;  and  elsewhere,  the 
Collector  of  the  District  and  includes  Additional,  Deputy  or  Assistant  Collector,  Sub-
Divisional Officer and District Supply Officer within his respective jurisdiction;"; 
(b) clause (ai) shall be deleted. 
[Vide Maharashtra Act 6 of 2003, s. 2] 

1. Extended to Goa, Daman and Diu with modification by Regulation 12 of 1962, section 3 and Schedule, to Dadra and 
Nagar  Haveli  by  Regulation  6  of  1963,  section  3  and  Schedule  I  and  to  Lakshadweep  and  Amindivi  Islands  by 
Regulation  8  of  1965,  section  3  and  Schedule,  to  the  State  of  Sikkim  vide  S.O.  28(E),  dated  7th  January,  1976  
(w.e.f. 7-1-1976). 
This Act has been amended in Maharashtra by Maharashtra Act 71 of 1976, in Orissa by Orissa Act, 8 of 1976, in  
Uttar Pradesh by Uttar Pradesh Acts 9 of 1974, 18 of 1975, 39 of 1975 and 16 of 1978.   

2. The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  25  of  1968,  s.  2  and  the  Schedule 

 (w.e.f. 15-8-1968).   

3.  Ins. by Act 92 of 1976, s. 2 (w.e.f. 2-9-1976).   
4.  Clause (c) omitted by Act 54 of 2006, s. 2 (w.e.f. 12-2-2007). 
5.  Ins. by Act 36 of 1967, s. 2 (w.e.f. 30-12-1967). 
6. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for clause (d). 

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Uttar Pradesh 

Amendment  of  section  2  of  Act  X  of  1955.—In  section  2  of  the  Essential  Commodities  Act, 
1955,  as  amended  in  its  application  to  Uttar  Pradesh,  hereinafter  called  the  principal  Act,  before 
clause (a), the following clause shall be inserted namely:-- 

“(aa) ‘Collector’ includes such officer not below the rank of an Assistant Collector of the first 
class as may be authorized by the Collector to exercise the powers conferred on him by or under 
the provisions of this Act;” 

[Vide Uttar Pradesh Act 18 of 1975, s. 3] 

Amendment  of  section  2  of  Act  10  of  1955.—In  section  2  of  the  Essential  Commodities  act, 
1955  (hereinafter  referred  to  as  the  principal  Act).  Clause  (aa)  as  inserted  by  the  Essential 
Commodities  (Uttar  Pradesh  Amendment)  Act,  1975,  hereinafter  referred  to  as  the  Uttar  Pradesh 
Amendment, shall stand omitted with effect from September 2, 1976, the date of the commencement 
of  the  Essential  Commodities  (Amendment)  Act,  1976,  hereinafter  referred  to  as    the  Central 
(Amendment). 

[Vide Uttar Pradesh Act XVI of 1978, s. 2] 

1[2A.  Essential  commodities  declaration,  etc.―(1)  For  the  purposes  of  this  Act,  “essential 

commodity” means a commodity specified in the Schedule. 

(2) Subject to the provisions of sub-section (4), the Central Government may, if it is satisfied that 
it  is  necessary  so  to  do  in  the  public  interest  and  for  reasons  to  be  specified  in  the  notification 
published in the Official Gazette, amend the Schedule so as to― 

(a) add a commodity to the said Schedule; 

(b) remove any commodity from the said Schedule, 

in consultation with the State Governments. 

(3)  Any  notification  issued  under  sub-section  (2)  may  also  direct  that  an  entry  shall  be  made 
against such commodity in the said Schedule declaring that such commodity shall be deemed to be an 
essential commodity for such period not exceeding six months to be specified in the notification: 

Provided that the Central Government may, in the public interest and for reasons to be specified, 

by notification in the Official Gazette, extend such period beyond the said six months. 

(4)  The  Central  Government  may  exercise  its  powers  under  sub-section  (2)  in  respect  of  the 
commodity to which Parliament has power to make laws by virtue of Entry 33 List III in the Seventh 
Schedule to the Constitution. 

(5)  Every  notification  issued  under  sub-section  (2)  shall  be  laid,  as  soon  as  may  be  after  it  is 

issued, before both Houses of Parliament.] 

3. Powers to control production, supply, distribution, etc., of essential commodities.―(1) If 
the  Central  Government  is  of  opinion  that  it  is  necessary  or  expedient  so  to  do  for  maintaining  or 
increasing  supplies  of  any  essential  commodity  or  for  securing  their  equitable  distribution  and 
availability at fair prices,   2[or for securing any  essential commodity for the defence of India or the 
efficient  conduct  of  military  operations],  it  may,  by  order,  provide  for  regulating  or  prohibiting  the 
production, supply and distribution thereof and trade and commerce therein. 

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1. Ins. by Act 54 of 2006, s. 3 (w.e.f. 12-2-2007).  
2. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967). 
3. Sub-section (1A) omitted by Act 40 of 2021, s. 3 (w.e.f. 30-11-2021). 

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(2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made 

thereunder may provide― 

(a)  for  regulating  by  licences,  permits  or  otherwise  the  production  or  manufacture  of 

any essential commodity; 

(b) for bringing under cultivation any waste or arable land, whether appurtenant to a building 
or  not,  for  the  growing  thereon  of  food-crops  generally  or  of  specified  food-crops,  and  for 
otherwise  maintaining  or  increasing  the  cultivation  of  food-crops  generally,  or  of  specified        
food-crops. 

(c) for controlling the price at which any essential commodity may be bought or sold; 

(d)  for  regulating  by  licences,  permits  or  otherwise  the  storage,  transport,  distribution, 

disposal, acquisition, use or consumption of, any essential commodity; 

(e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for 

sale; 

1[(f) for requiring any person holding in stock, or engaged in the production, or in the business 

of buying or selling, of any essential commodity,― 

(a)  to  sell  the  whole  or  a  specified  part  of  the  quantity  held  in  stock  or  produced  or 

received by him or, 

(b) in the case of any such commodity which is likely to be produced or received by him, 

to sell the whole or a specified part of such commodity when produced or received by him, 

to the Central Government or a State Government or to an officer or agent of such Government or to a 
Corporation owned or controlled by such Government or to such other person or class of persons and 
in such circumstances as may be specified in the order. 

Explanation  1.―An  order  made  under  this  clause  in  relation  to  foodgrains,  edible  oilseeds  or 
edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, 
edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also 
fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of 
the area held by, or under the cultivation of, the producers. 

Explanation 2.―For the purpose of this clause, “production” with its grammatical variations and 

cognate expressions includes manufacture of edible oils and sugar;] 

(g)  for  regulating  or  prohibiting  any  class  of  commercial  or  financial  transactions  relating  to 
foodstuffs 2***  which,  in  the  opinion  of  the  authority  making  the  order,  are,  or,  if  unregulated,  are 
likely to be, detrimental to the public interest; 

(h) for collecting any information or statistics with a view to regulating or prohibiting any of 

the aforesaid matters; 

(i)  for  requiring persons engaged  in  the  production,  supply  or  distribution  of  or  trade  and 
commerce  in,  any  essential  commodity  to  maintain  and  produce  for  inspection  such  books, 
accounts and records relating to their business and to furnish such information relating thereto, as 
may be specified in the order; 

1. Subs. by Act 92 of 1976, s. 3, for clause (f). 
2. The words “or cotton textiles” omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 

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1[(ii)  for  the  grant or  issue  of  licences,  permits  or  other  documents,  the  charging  of  fees 
therefore, the deposit of such sum, if any, as may be specified in the order as security for the due 
performance of the conditions of any such licence, permit or other document, the forfeiture of the 
sum  so  deposited  or  any  part  thereof  for  contravention  of  any  such  conditions,  and  the 
adjudication of such forfeiture by such authority as may be specified in the order;] 

2[(j) for any incidental and supplementary matters, including, in particular, the entry, search or 
examination  of  premises,  aircraft,  vessels,  vehicles  or  other  conveyances  and  animals,  and  the 
seizure by a person authorised to make such entry, search or examination,— 

(i)  of  any  articles  in  respect  of  which  such  person  has  reason  to  believe  that  a 
contravention of the order has been, is being, or is about to be committed and any packages, 
coverings or receptacles in which such articles are found; 

(ii) of any  aircraft,  vessel, vehicle  or  other  conveyance  or  animal  used in  carrying  such 
articles,  if  such  person  has  reason  to  believe  that  such  aircraft,  vessel,  vehicle  or  other 
conveyance or animal is liable to be forfeited under the provisions of this Act; 

3[(iii) of any books of accounts and documents which in the opinion of such person, may 
be  useful  for,  or  relevant  to,  any  proceeding  under  this  Act  and  the  person  from  whose 
custody  such  books  of  accounts  or  documents  are  seized  shall  be  entitled  to  make  copies 
thereof or to take extracts therefrom in the presence of an officer having the custody of such 
books of accounts or documents.]] 

(3)  Where  any  person  sells  any  essential  commodity  in  compliance  with  an  order  made  with 
reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter 
provided:― 

(a) where the price can, consistently with the controlled price, if any, fixed under this section, 

be agreed upon, the agreed price; 

(b)  where  no  such  agreement  can  be  reached,  the  price  calculated  with  reference  to  the 

controlled price, if any; 

(c)  where  neither  clause  (a)  nor  clause  (b)  applies,  the  price  calculated  at  the  market  rate 

prevailing in the locality at the date of sale. 

4[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the 
rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in 
the  Official  Gazette,  direct  that  notwithstanding  anything  contained  in  sub-section  (3),  the  price  at 
which the food-stuff shall be sold in the locality in compliance with an order made with reference to 
clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. 

(ii)  Any  notification  issued  under  this  sub-section  shall  remain  in  force  for  such  period  not 

exceeding three months as may be specified in the notification. 

(iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of 
the  kind  specified  therein  and  in  the  locality  so  specified,  in  compliance  with  an  order  made  with 
reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor― 

(a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed 

under this section, be agreed upon, the agreed price; 

(b)  where  no  such  agreement  can  be  reached,  the  price  calculated  with  reference  to  the 

controlled price, if any; 

1.  Ins. by Act 17 of 1961, s. 2. 
2. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 
3. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 
4.  Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 

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(c)  where  neither  clause  (a)  nor  clause  (b)  applies,  the  price  calculated  with  reference  to 
average  market  rate  prevailing  in  the  locality  during  the  period  of  three  months  immediately 
preceding the date of the notification. 

(iv)  For  the  purposes  of  sub-clause  (c)  of  clause  (iii),  the  average  market  rate  prevailing  in  the 
locality shall be determined by an officer authorised by the Central Government in this behalf, with 
reference  to  the  prevailing  market  rates  for  which  published  figures  are  available  in  respect  of  that 
locality  or  of  a  neighbouring  locality;  and the  average  market  rate  so  determined  shall  be final  and 
shall not be called in question in any court.] 

1[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section 
(2),  to  sell  to  the  Central  Government  or  a  State  Government  or  to  an  officer  or  agent  of  such 
Government  or  to  a  Corporation  owned  or  controlled  by  such  Government,  any  grade  or  variety  of 
foodgrains,  edible  oilseeds  or  edible  oils  in  relation  to  which  no  notification  has  been  issued  under 
sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid 
to  the  person  concerned,  notwithstanding  anything  to  the  contrary  contained  in  sub-section  (3),  an 
amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case 
may  be,  specified  by  the  State  Government,  with  the  previous  approval  of  the  Central  Government 
having regard to― 

(a) the controlled price, if any, fixed under this section or by or under any other law for the 

time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; 

(b) the general crop prospects; 

(c)  the  need  for  making  such  grade  or  variety  of  foodgrains,  edible  oilseeds  or  edible  oils 
available  at  reasonable  prices  to  the  consumers,  particularly  the  vulnerable  sections  of  the 
consumers; and 

(d)  the  recommendations,  if  any,  of  the  Agricultural  Prices  Commission  with  regard  to  the 

price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 

2[(3C)  Where  any  producer  is  required  by  an  order  made  with  reference  to  clause  (f)  of  
sub-section (2) to sell any kind of sugar (whether to the Central Government or to a State Government 
or to an  officer  or  agent  of  such  Government  or to any  other  person  or class  of  persons)  whether a 
notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained 
in sub-section (3), there shall be paid to that producer only such amount as the Central Government 
may, by order, determine, having regard to— 

(a) the fair and remunerative price, if any, determined by the Central Government as the price 

of sugarcane to be taken into account under this section; 

(b) the manufacturing cost of sugar; 

(c) the duty or tax, if any, paid or payable thereon; and 

(d) a reasonable return on the capital employed in the business of manufacturing of sugar: 

Provided  that  the  Central  Government  may  determine  different  prices,  from  time  to  time,  for 

different areas or factories or varieties of sugar: 

Provided further that where any provisional determination of price of levy sugar has been done in 
respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be 
undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st 
day of October, 2009. 

Explanation 3[I].— For the purposes of this sub-section,— 

1. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 
2. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 
3. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 

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(a)  “fair  and  remunerative  price”  means  the  price  of  sugarcane  determined  by  the  Central 

Government under this section; 

(b) “manufacturing cost of sugar” means the net cost incurred on conversion of sugarcane into 
sugar  including  net  cost  of  transportation  of  sugarcane  from  the  purchase  centre  to  the  factory 
gate, to the extent it is borne by the producer; 

(c) “producer” means a person carrying on the business of manufacturing sugar; 

(d)  “reasonable  return  on  the  capital  employed”  means  the  return  on  net  fixed  assets  plus 
working  capital  of  a  producer  in  relation  to  manufacturing  of  sugar  including  procurement  of 
sugarcane at a fair and remunerative price determined under this section.] 
1[Explanation II.―For the removal of doubts, it is hereby declared that the expressions “fair and 
remunerative price” referred to in clause (a), “manufacturing cost of sugar” referred to in clause (b) 
and “reasonable return on the capital employed” referred to in clause (d), of this sub-section do not 
include the price paid or payable under any order or any enactment of any State Government and any 
price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 

2[(3D)  The  Central  Government  may  direct  that  no  producer,  importer  or  exporter  shall  sell  or 
otherwise dispose of or deliver any kind of sugar or remove any  kind of sugar from the bonded go 
downs of the factory in which it is produced, whether such godowns are situated within the premises 
of  the  factory  or  outside  or  from  the  warehouses  of  the  importers  or  exporters,  as  the  case  may  be 
except under and in accordance with the direction issued by the Government: 

Provided  that  this  sub-section  shall  not  affect  the  pledging  of  such  sugar  by  any  producer  or 
importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of 
India  Act,  1934  (2  of  1934)  or  any  corresponding  new  bank  constituted  under  section  3  of  the 
Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, 
that no such hank shall sell the sugar pledged to it except under and in accordance with a direction 
issued by the Central Government. 

(3E)  The  Central  Government  may,  from  time  to  time,  by  general  or  special  order,  direct  any 
producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, 
to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, 
weighment,  disposal,  delivery  and  distribution  of  any  kind  of  sugar  in  the  manner  specified  in  the 
direction. 

Explanation.―For the purposes of sub-section (3D) and this sub-section,― 

(a) “producer” means a person carrying on the business of manufacturing sugar; 

(b)  “recognised  dealer''  means  a  person  carrying  on  the  business  of  purchasing,  selling  or 

distributing sugar; 

(c)  “sugar”  includes  plantation  white  sugar,  raw  sugar  and  refined  sugar,  whether 

indigenously produced or imported.] 

(4)  If  the  Central  Government  is  of  opinion  that  it  is  necessary  so  to  do  for  maintaining  or 
increasing  the  production  and  supply  of  an  essential  commodity,  it  may,  by  order,  authorize  any 
person (hereinafter  referred  to  as  an  authorized  controller)  to  exercise,  with  respect  to  the  whole  or 
any part of any such undertaking engaged in the production and supply of the commodity as may be 
specified in the order such functions of control as may be provided therein and so long as such order 
is in force with respect to any undertaking or part thereof,― 

(a) the authorized controller shall exercise his functions in accordance with any instructions 
given to him by the Central Government, so, however, that he shall not have any power to give 
any direction inconsistent with the provisions of any enactment or any instrument determining the 
functions of the persons in-charge of the management of the undertaking, except in so far as may 
be specifically provided by the order; and 

1. Explanation II ins. by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 
2. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). 

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(b) the undertaking or part shall be carried on in accordance with any directions given by the 
authorised controller  under  the  provisions  of  the  order,  and  any  person  having  any  functions  of 
management in relation to the undertaking or part shall comply with any such directions. 

(5) An order made under this section shall,― 

(a) in the case of an order of a general nature or affecting a class of persons, be notified in the 

Official Gazette; and 

(b) in the case of an order directed to a specified individual be served on such individual― 

(i) by delivering or tendering it to that individual, or 

(ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other 
conspicuous part of the premises in which that individual lives, and a written report there of 
shall be prepared and witnessed by two persons living in the neighbourhood. 

(6) Every order made under this section by the Central Government or by any officer or authority 
of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it 
is made. 

Uttar Pradesh 

STATE AMENDMENT 

Amendment of section 3 of Act X of 1955.—In section 3 of the principal Act, in sub-section (2), 

after clause (f), the following clause shall be inserted, namely:-- 

“(ff) for preventing the hoarding of any essential commodity;” 

[Vide Uttar Pradesh Act 9 of 1974, s. 2] 

Amendment of section 3.—In section 3 of the principal Act,-- 

(a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed 

always to have been substituted namely— 

“(f) for requiring any person holding in stock, or engaged in the manufacture or production of, 
or in the business of buying  or selling, any essential commodity to sell the whole or a specified 
part  of  the  quantity  held  in  stock  or  manufactured  or  produced  or  likely  to  be  manufactured  or 
produced  by  him  or  received  or  likely  to  be  received  by  him  in  the  course  of  said  business  of 
buying or selling, to the Central Government or a State Government or to an officer or agent of 
such Government or to such other person or class of person and in such circumstances as may be 
specified in the order; 

Explanation.--An order relating to food grains made with reference to this clause,-- 

(i)  may  specify  the  prices,  fixed  by  the  State  Government  in  this  behalf,  after  taking  into 
account the recommendations, if any, of the Agricultural Prices Commission and with the prior 
concurrence  of  the  Central  Government,  as  the  amount  which  shall  be  paid  for  the  food  grain 
required to be sold under the order, 

(ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference 
to the area under cultivation and the availability of irrigation for production of the particular food 
grain to  which  the  order relates,  and  also fix  or  provide  for  the  fixation  of such  quantities on a 
graded  basis  having  regard  to  the  aggregate  area  held  by  or  under  the  cultivation  of  different 
producers." 

(b)  in  sub-section  (3),  for  clause  (c),  substitute  the  following  clauses  which  shall  be  Food 

deemed always to have been substituted, namely:-- 

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"(c)  in  the  case  of  food  grains,  where  neither  clause (a)  nor  clause  (b)  applies, the  price,  if 

any, specified in the said order; 

(d)  where  neither  clause  (a)  nor  (b),  nor  (c)  applies,  the  price  calculated  at  the  market  rate 

prevailing in the locality at the date of sale." 

(c)  in  sub-section  (3B),  after  clause  (i),  insert  the  following  clause  which  shall  be  deemed 

always to have been inserted, namely:-- 

"(ia)  in  the  case  of  food  grains,  where  no  controlled  price  is  fixed  by  an  order  made  with 
reference  to  clause  (c)  of  sub-section  (2),  the  amount  specified  in  the  said  Order  made  with 
reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" 

[Vide Uttar Pradesh Act 18 of 1975, s. 4] 

Amendment  of  section  3  of  Act  X  of  1955.—In  section  3  of  the  Essential  Commodities  Act, 
1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by 
the  Essential  Commodities  (Uttar  Pradesh  Amendment)  Act,  1975,  in  the  Explanation  thereof,  for 
sub-clause  (II),  the  following  sub-clause  shall  be  substituted  and  be  deemed  always  to  have  been 
substituted Namely:-- 

“(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to 
the area under cultivation for production of the particular (foodgrains to which the order relates, and 
also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate 
area held by or under the cultivation of different producers." 

[Vide Uttar Pradesh Act 39 of 1975, s. 2] 

Amendment of section 3 of Act no. 10 of 1955.—(1) In section 3  of the principal Act, in sub-
section  (2),  clause  (f),  as  substituted  by  the  Uttar  Pradesh  Amendment  read  with  the  Essential 
Commodities    (Uttar  Pradesh  Second  Amendment)  Act,  1975  shall  be  omitted  and  deemed  to  have 
been omitted with effect from the date of the commencement of the Central Amendment. 

(2)  In  the  said  sub-section,  in  clause  (f),  as  substituted  by  the  central  Amendment,  after 

Explanation 1, the following Explanation shall be inserted, namely:-- 

“Explanation I-A.—An order made this clause in relation to rice may, having regard to the milling 
capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide 
for the fixation of such quantity on a graded basis.” 

(3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be 
committed  and  deemed  to  have  been  omitted  with  effect  from  the  date  of  commencement  of  the 
central Amendment. 

[Vide Uttar Pradesh Act XVI of 1978, s. 3] 

 4.  Imposition  of  duties  on  State  Governments,  etc.―An  order  made  under  section 3 may 
confer powers and impose duties upon the Central Government or the State Government or officers 
and authorities of Central Government or State Government, and may contain directions to any State 
Government  or  to  officers  and  authorities  thereof  as  to  the  exercise  of  any  such  powers  or  the 
discharge of any such duties. 

5.  Delegation  of  powers.―The  Central  Government  may,  by  notified  order,  direct  that  1[the 
power  to  make  orders  or  issue  notifications  under  section  3]  shall,  in  relation  to  such  matters  and 
subject to such conditions, if any, as may be specified in the direction, be exercisable also by― 

(a) such officer or authority subordinate to the Central Government, or 

1. Subs. by Act 66 of 1971, s. 3, for “the power to make orders under section 3” (w.e.f. 23-12-1971).  

9 

 
                                                      
(b)  such  State  Government  or  such  officer  or  such  authority  subordinate  to  a  State 

Government, 

as may be specified in the direction. 

6. Effect of orders inconsistent with other enactments.―Any order made under section 3 shall 
have  effect  notwithstanding  anything  inconsistent  therewith  contained  in  any  enactment  other  than 
this Act or any instrument having effect by virtue of any enactment other than this Act. 

 1[6A.  Confiscation  of  essential  commodity.― 2[(1)] Where  any 3[essential  commodity  is 
seized] in  pursuance  of  an  order  made  under  section 3 in  relation  thereto, 4[a  report  of  such  seizure 
shall, without unreasonable delay, be made to] the Collector of the district or the Presidency town in 
which  such  5[essential  commodity  is  seized] and  whether  or  not  a  prosecution  is  instituted  for  the 
contravention of such order, the Collector 6[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 7[may order confiscation of― 

(a) the essential commodity so seized; 

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

(c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity:] 

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: 

8[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.] 

9[(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 

1. Ins. by Act 25 of 1966, s. 3 (w.e.f. 3-9-1966).  
2. Section 6A renumbered as sub-section (1) thereof by Act 92 of 1976, s. 4 (w.e.f. 2-9-1976). 
3. Subs. by Act 36 of 1967, s. 4, for “foodgrains, edible oilseeds or edible oils are seized” (w.e.f. 30-12-1967).  
4. Subs. by Act 92 of 1976, s. 4, for “it may be produced without any unreasonable delay, before” (w.e.f. 2-9-1976).  
5. Subs. by Act 36 of 1967, s. 4, for “food grains, edible oilseeds or edible oils are seized” (w.e.f. 30-12-1967). 
6. Subs. by Act 92 of 1976, s. 4, for “if satisfied” (w.e.f. 2-9-1976).  
7. Subs. by Act 30 of 1974, s. 4, for “may order confiscation of the essential commodity so seized” (w.e.f. 22-6-1974).  
8. Ins. by Act 92 of 1976, s. 4. 

10 

 
                                                      
(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.] 

STATE AMENDMENT 

Uttar Pradesh 

Substitution of new section for section 6-A.—The following section shall be substituted, namely— 

"6A Confiscation of seized commodities,--(1) Where any essential commodity is seized in 
pursuance of an order made under section 3 in relation thereto, a report to that effect shall, without 
any unreasonable delay be sent to the Collector within whose jurisdiction the seizure is made, and 
the Collector may, if he thinks it expedient so to so, inspect or cause to be inspected such essential 
commodity, and whether or not a prosecution is instituted for the contravention of such order, the 
Collector, if satisfied that there has been contravention of the order, may order confiscation of- 

(a) the essential commodity so seized; 
(b)  any package, covering or receptacle in which such essential commodity is found; and 
(c)  any  animal,  vehicle,  vessel  or  other  conveyance  used  in  carrying  such  essential 

commodity: 

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

Provided further that  where  any  animal,  vehicle,  vessel  or  other  conveyance is 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. 

(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  such  essential  commodity  is  subject  to 
speedy and natural decay or that it is otherwise expedient in the public interest so to so , he may 
order the same to be sold at the controlled price if any, fixed under any law for the time being in 
force; or where no such price is fixed by auction: 

Provided that, in the case of food grains where there is no controlled price, the Collector may 
order the food grains seized to be sold through fair price shops at the price fixed by the Central 
Government or the State Government as the case may be for the sale of such food grains to the 
public through these shops: 

Provided  also  that,  whenever  it  is  practicable  so  to  so,  having  regard  to  the  nature  of  the 

essential commodity, he shall take and preserve sample of the same before its sale or auction. 

(3)  Where  any  essential  commodity  is  sold  as  aforesaid,  the  sale  proceeds  thereof  after 

deduction of the expenses of the sale or auction, as the case may be, shall— 

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

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

(c)   in  the  case  of  a  prosecution  being  instituted  for  the  contravention  of  the  order  in 

respect of which an order of confiscation has been made under 

be paid to the owner thereof or the person from whom it is seized: 

Provided that, in the case of food grains sold through fair price shops in accordance with the 
first proviso to sub-section (2) the owner shall be paid for the food grains so sold the price fixed 
by the State Government, for retail sale of such food grains through such shops, less all expenses 
of sale or auction under sub-section (2)."] 

11 

 
[Vide Uttar Pradesh Act 18 of 1975, s. 5] 

Substitution  of  sections  6-A  and  6-C.—In  the  principal  Act,  for  sections  6-A  and  6-C  as 
amended  or  substituted  by  the  Uttar  Pradesh  Amendment,  sections  6-A  and  6-C  respectively,  as 
amended or substituted by the Central Amendment, shall be and be deemed with effect from the date 
of commencement of the Central Amendment to have been substituted. 

[Vide Uttar Pradesh Act XVI of 1978, s. 4] 

6B.  Issue  of  show  cause  notice  before  confiscation  of  food  grains,  etc.―1[(1)] No  order 
confiscating 2[any 3[essential  commodity] package,  covering,  receptacle,  animal,  vehicle,  vessel  or 
the  owner  of  such 2[essential 
other  conveyance]  shall  be  made  under  section 6A  unless 
commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance) or the person 
from whom 4[it is seized]― 

(a)  is  given  a  notice  in  writing  informing him  of  the  grounds  on  which  it  is  proposed  to 
confiscate  the 3[essential  commodity] package,  covering,  receptacle,  animal,  vehicle,  vessel  or 
other conveyance]; 

(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. 

5[(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.] 

6[(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.] 

STATE AMENDMENT 

Uttar Pradesh 
Insertion of new section 6BB.—After section 6-B of the principal Act, the following section shall be 
inserted, namely:-- 

"6BB. Review.--(1) Where the Collector is satisfied that an order of confiscation or an order 
refusing confiscation made under section 6A suffers from a mistake apparent on the face of the 
record (including any mistake of law) he may within one month of such order issue notice to the 
owner of the essential commodity, package, covering, receptacle, animal, vehicle, vessel or other 
conveyance, or, as the case may be, the person from whom it was seized, to show cause why that 
order should not be reviewed, and after giving him a reasonable opportunity of being heard, pass 
such order on review as he thinks fit. 

(2) The provisions of sections 6C and 6D shall apply in relation to an order passed originally 

under section 6A." 

[Vide Uttar Pradesh Act 18 of 1975, s. 6] 

6C.  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 

1. Section 6B renumbered as sub-section (1) thereof by Act 30 of 1974, s. 5 (w.e.f. 22-6-1974).  
2. Subs. by Act 36 of 1967, s. 5, for “any foodgrain, edible oilseeds or edible oils” (w.e.f. 30-12-1967).  
3. Subs. by Act 30 of 1974, s. 5, for “essential commodity” (w.e.f. 22-6-1974).  
4. Subs. by Act 36 of 1967, s. 5, for “they are seized” (w.e.f. 30-12-1967). 
5. Ins. by Act 30 of 1974, s. 5 (w.e.f. 22-6-1974).)  
6. Ins. by Act 92 of 1976, s. 5 (w.e.f. 2-9-1976).  

12 

 
                                                      
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 1[return the essential commodity seized ], 2[such persons shall, except 
as  provided  by  sub-section  (3)  of  section  6A,  be  paid]  the  price  therefore 3[as  if  the  essential 
commodity,] had been sold to the Government with reasonable interest calculated from the day of the 
seizure of 4[the essential commodity] 5[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 sub-

section (3) of section 3. ] 

Uttar Pradesh 

STATE AMENDMENTS 

Amendment of section 6-C.—In sub-section (2) for the words "such person shall be paid", the 
words  "such  person  shall,  except  as  provided  by  sub-section  (3)  of  Section  6-A,  be  paid"  shall  be 
substituted. 

[Vide Uttar Pradesh Act 18 of 1975, s. 7] 

Substitution  of  sections  6-A  and  6-C.—In  the  principal  Act,  for  sections  6-A  and  6-C  as 
amended  or  substituted  by  the  Uttar  Pradesh  Amendment,  sections  6-A  and  6-C  respectively,  as 
amended or substituted by the Central Amendment, shall be and be deemed with effect from the date 
of commencement of the Central Amendment to have been substituted. 

[Vide Uttar Pradesh Act XVI of 1978, s. 4] 

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.] 

6[6E.  Bar  of  jurisdiction  in  certain  cases.―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.] 

1. 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).  
2. Subs. by Act 92 of 1976, s. 6, for “such person shall be paid”.  
3. 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).  
4. Subs. by s. 6, ibid., for “articles” (w.e.f. 30-12-1967).  
5. 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). 

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

13 

 
                                                      
 7. Penalties.―1[(1) If any person contravenes any order made under Section 3,― 

(a) he shall be punishable,― 

(i) in the case of an order made with reference to clause (h) or clause (i) of sub-section (2) 
of that section, with imprisonment for a term which may extend to one year and shall also be 
liable to fine, and 

(ii) in the case of any other order, with imprisonment for a term which shall not be less 

than three months but which may extend to seven years and shall also be liable to fine: 

Provided  that  the  court  may,  for  any  adequate  and  special  reasons  to  be  mentioned  in  the 

judgment, impose a sentence of imprisonment for a term of less than three months; 

(b) any property in respect of which the order has been contravened shall be forfeited to the 

Government; 

(c)  any  package,  covering  or  receptacle  in  which  the  property  is  found  and  any  animal, 
vehicle, vessel or other conveyance used in carrying the property shall, if the court so orders, be 
forfeited to the Government. 

(2) If any person to whom a direction is given under clause (b) of sub-section (4) of section 3 fails 
to comply with the direction, he shall be punishable with imprisonment for a term which shall not be 
less than three months but which may extend to seven years and shall also be liable to fine: 

Provided  that  the  court  may,  for  any  adequate  and  special  reasons  to  be  mentioned  in  the 

judgment, impose a sentence of imprisonment for a term of less than three months. 

(2A) If any person convicted of an offence under sub-clause (ii) of clause (a) of sub-section (1) or 
under  sub-section  (2)  is  again  convicted  of  an  offence  under  the  same  provision,  he  shall  be 
punishable with imprisonment for the second and for every subsequent offence for a term which shall 
not be less than six months but which may extend to seven years and shall also be liable to fine: 

Provided  that  the  court  may,  for  any  adequate  and  special  reasons  to  be  mentioned  in  the 

judgment, impose a sentence of imprisonment for a term of less than six months. 

(2B) For the purposes of sub-sections (1), (2) and (2A), the fact that an offence under sub-clause 
(ii)  of  clause  (a)  of  sub-section  (1)  or  under  sub-section  (2)  has  caused  no  substantial  harm  to  the 
general public or to any individual shall be an adequate and special reason for awarding a sentence of 
imprisonment for a term of less than three months or six months, as the case may be. 

2[(3) Where a person having been convicted of an offence under sub-section (1) is again convicted 
of  an  offence  under  that  sub-section  for  contravention  of  an  order  in  respect  of  an  essential 
commodity, the court by which such person is convicted shall, in addition to any penalty which may 
be  imposed  on  him  under  that  sub-section,  by  order,  direct  that  that  person  shall  not  carry  on  any 
business  in  that  essential  commodity  for  such  period,  not  being  less  than  six  months,  as  may  be 
specified by the Court in the Order.] 

3[7A.  Power  of  Central  Government  to  recover  certain  amounts  as  arrears  of  land 

revenue.―(1) Where any person, liable to― 

(a) pay any amount in pursuance of any order made under section 3, or 

(b) deposit any amount to the credit of any Account or Fund constituted by or in pursuance of 

any order made under that section, 

makes any default in paying or depositing the whole or any part of such amount, the amount in respect 
of  which  such  default  has  been  made  shall  [whether  such  order  was  made  before  or  after  the 
commencement of the Essential Commodities (Amendment) Act, 1984 (34 of 1984), and whether the 

1. Subs. by Act 30 of 1974, s. 6, for sub-sections (1) and (2) (w.e.f. 22-6-1974). 
2. Ins. by Act 36 of 1967, s. 7 (w.e.f. 30-12-1967). 
3. Ins. by Act 34 of 1984, s. 2 (w.e.f. 1-7-1984). 

14 

 
                                                      
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 
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]. 

(2) The amount recovered under sub-section (1) shall be dealt with in accordance with the order 

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 
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 
revenue 4[or as a public demand] in pursuance of the provisions of sub-section (1). 

(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, 
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 
simple interest due thereon, computed at the rate of  1[fifteen per cent.] per annum, from the date of 
recovery of such amount to the date on which such refund is made. 

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 
authority subordinate to any Government, that Government.] 

Rajasthan 

STATE AMENDMENT 

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 
be inserted, namely:- 

"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 
shall  direct  that  all  the  packages,  coverings  or  receptacles  in  which  any  property  liable  to  b e 
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:  

Provided that if the Court is of opinion that it is not necessary to direct for feiture in respect of 
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."  

[Vide Rajasthan Act 32 of 1960, s. 2] 

8. Attempts and abetment.―Any person who attempts to contravene, or abets a contravention 

of, any order made under section 3 shall be deemed to have contravened that order. 

9.  False statement.―If any person,― 

(i)  when  required  by  any  order  made  under  section  3 to  make  any  statement  or  furnish any 
information,  makes  any  statement  or  furnishes  any  information  which  is  false  in  any  material 
particular and which he knows or has reasonable cause to believe to be false, or does not believe 
to be true, or 

(ii) makes any such statement as aforesaid in any book, account, record, declaration, return or 

other document which he is required by any such order to maintain or furnish, 

he shall be punishable with imprisonment for a term which may extend to  3[five years,] or with fine, 
or with both. 

10. Offences by companies.―(1) If the person contravening an order made under section 3 is a 
company, every person who, at the time the contravention was committed, was in charge of, and was 
responsible to, the company for the conduct of the business of the company as well as the company, 
shall  be  deemed to  be  guilty  of  the  contravention  and  shall  be  liable  to  be  proceeded  against  and 
punished accordingly: 

1. Subs. by Act 42 of 1986, s. 3, for “six per cent.” (w.e.f. 8-9-1986). 
2. Ins. by s. 3, ibid (w.e.f. 8-9-1986). 
3. Subs. by Act 36 of 1967, s. 8, for “three years” (w.e.f. 30-12-1967). 

15 

 
                                                      
Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment if he proves that the contravention took place without his knowledge or that he exercised 
all due diligence to prevent such contravention. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has 
been committed by a company and it is proved that the offence has been committed with the consent 
or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or 
other officer of the company, such director, manager, secretary or other officer shall also be deemed 
to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.―For the purposes of this section,― 

(a)  “company”  means  any  body  corporate,  and  includes  a  firm  or  other  association  of 

individuals; and 

(b) “director” in relation to a firm means a partner in the firm. 

1[10A.  Offences  to  be  cognizable.―Notwithstanding  anything  contained  in 2[the  Code  of 
Criminal  Procedure,  1973  (2  of  1974)]  every  offence  punishable  under  this  Act  shall  be 
“cognizable 3***]. 

4[10B. Power of court to publish name, place of business, etc., of companies convicted under 
the  Act.―(1)  Where  any  company  is  convicted  under  this  Act,  it  shall  be  competent  for  the  court 
convicting  the  company  to  cause  the  name  and  place  of  business  of  the  company,  nature  of  the 
contravention, the fact that the company has been so convicted and such other particulars as the court 
may consider to be appropriate in the circumstances of the case, to be published at the expense of the 
company in such newspapers or in such other manner as the court may direct. 

(2) No publication under sub-section (1) shall be made until the  period for preferring an appeal 
against  the  orders  of  the  court  has  expired  without  any  appeal  having  been  preferred,  or  such  an 
appeal, having been preferred, has been disposed of. 

(3) The expenses of any publication under sub-section (1) shall be recoverable from the company 

as if it were a fine imposed by the court. 

Explanation.―For  the  purposes  of  this  section,  “company”  has  the  meaning  assigned  to  it  in 

clause (a) of the Explanation of section 10.] 

10C. Presumption of culpable mental state.―(1) In any prosecution for any offence under this 
Act  which  requires  a  culpable  mental  state  on  the  part  of  the  accused,  the  court  shall  presume  the 
existence of such mental state but it shall be a defence for the accused to prove the fact that he had no 
such mental state with respect to the act charged as an offence in that prosecution. 

Explanation.―In this section, “culpable mental state” includes intention, motive, knowledge of a 

fact and the belief in, or reason to believe, a fact. 

(2) For the purposes of this section, a fact is said to be proved only when the court believes it to 
exist beyond reasonable doubt and not merely when its existence is established by a preponderance of 
probability.] 

11.  Cognizance of offences.―No Court shall take cognizance of any offence punishable under 
this Act except on a report in writing of the facts constituting such offence made by a person who is a 
public  servant  as  defined  in  section  21  of  the  Indian  Penal  Code  (45  of  I860)  5[or  any  person 
aggrieved  or  any  recognised  consumer  association,  whether  such  person  is  a  member  of  that 
association or not]. 

6[Explanation.―For  the  purposes  of  this  section  and  section  12AA,  “recognised  consumer 
association” means a voluntary consumer association registered under the Companies Act, 1956 (1 of 
1956) or any other law for the time being in force.] 

1. Ins. by Act 36 of 1967, s. 9 (w.e.f. 30-12-1967).  
2. Subs. by Act 30 of 1974, s. 7, for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 22-6-1974). 
3. The words “and bailable” omitted by s. 7, ibid. (w.e.f. 22-6-1974).  
4. Ins. by s. 8, ibid. (w.e.f. 22-6-1974). 
5. Ins. by Act 73 of 1986, s. 2 (w.e.f. 1-5-1987). 
6. Added by s. 2, ibid. (w.e.f. 1-5-1987). 

16 

 
                                                      
Uttar Pradesh 

STATE AMENDMENT 

Amendment of section 11.—In section 11 of the principal Act, for the words “by person who is a 
public servant as defined in section 21 of the Indian Penal Code”, the words “by order of, or under 
authority  from  the  District  Magistrate  or  such  other  officer  as  may  be  empowered  by  the  State 
Government by general or special order in this behalf” shall be substituted.  
[Vide Uttar Pradesh Act 9 of 1974, s. 7] 

1[12.  Special  provision  regarding  fine.―Notwithstanding  anything  contained  in  section  29  of 
the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate, 
or  any  Judicial  Magistrate  of  the  first  class  specially  empowered  by  the  State  Government  in  this 
behalf,  to  pass  a  sentence  of  fine  exceeding  five  thousand  rupees  on  any  person  convicted  of 
contravening any order made under section 3.] 

2[12A. Power to try summarily.―(1) If the Central Government is of opinion that a situation has 
arisen  where,  in  the  interests  of  production,  supply or  distribution  of 3[any  essential  commodity  not 
being an essential commodity referred to in clause (a) of sub-section (2)] or trade or commerce therein 
and  other  relevant  considerations,  it  is  necessary  that  the  contravention  of  any  order  made  under 
section 3 in relation to such essential commodity should be tried summarily, the Central Government 
may, by notification in the Official Gazette, specify such order to be a special order for purposes of 
summary trial under this section, and every such notification shall be laid, as soon as may be after it is 
issued, before both Houses of Parliament: 

4[Provided that― 

(a)  every  such  notification  issued  after  the  commencement  of  the  Essential  Commodities 
(Amendment) Act, 1971, shall, unless sooner rescinded, cease to operate at the expiration of two 
years after the publication of such notification in the Official Gazette; 

(b)  every  such  notification  in  force  immediately  before  such  commencement  shall,  unless 

sooner rescinded, cease to operate at the expiration of two years after such commencement: 
Provided  further  that  nothing  in  the  foregoing  proviso  shall  affect  any  case  relating  to  the 
contravention of a special order specified in any such notification if proceedings by way of summary 
trial have commenced before that notification is rescinded or ceases to operate and the provisions of 
this section shall continue to apply to that case as if that notification had not been rescinded or had not 
ceased to operate.] 

5[(2)  Notwithstanding  anything  contained  in the  Code of  Criminal  Procedure,  1973  (2  of  1974) 

all, offences relating to― 

(a) the contravention of an order made under section 3 with respect to― 

6* 

* 

* 

* 

* 

(ii) foodstuffs, including edible oilseeds and oil; or  

(iii) drugs; and 

(b)  where  any  notification  issued  under  sub-section  (1)  in  relation  to  a  special  order  is  in 

force, the contravention of such special order, 

shall be tried in a summary way by a Judicial Magistrate of the First Class specially empowered in 
this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 
262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: 

Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful 

for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year: 

1. Subs. by Act 30 of 1974, s. 9 (w.e.f. 22-6-1974). 
2. Ins. by Act 47 of 1964, s. 2. 
3. Subs. by Act 30 of 1974, s. 10, for “any essential commodity” (w.e.f. 22-6-1974).  
4. Added by Act 66 of 1971, s. 5 (w.e.f. 23-12-1971).  
5. Subs. by Act 30 of 1974, s. 10, for sub-section (2) (w.e.f. 22-6-1974). 
6. Sub-clause (i) omitted by Act 54 of 2006, s. 5 (w.e.f. 12-2-2007). 

17 

 
 
 
 
 
 
 
 
                                                      
Provided further that when at the commencement of, or in the course of, a summary trial under 
this  section,  it  appears  to  the  Magistrate  that  the  nature  of  the  case  is  such  that  a  sentence  of 
imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, 
undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order 
to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or 
re-hear the case in the manner provided by the said Code.] 

(3) Notwithstanding anything to the contrary contained in 1[the Code of Criminal Procedure, 1973 
(2 of 1974),] there shall be no appeal by a convicted person in any case tried summarily under this 
section in which the Magistrate passes a sentence of imprisonment not exceeding one month, 2[and of 
fine not exceeding two thousand rupees] whether or not any order of forfeiture of property or an order 
under 3[section  452]  of  the said  Code  is  made  in  addition  to  such sentences,  but an  appeal shall lie 
where any sentence 4*** in excess of the aforesaid limits is passed by the Magistrate. 

5[(4) All cases relating to the contravention of an order referred to in clause (a) of sub-section (2), 
not being a special order, and pending before a Magistrate immediately before the commencement of 
the Essential Commodities (Amendment) Act, 1974, and, where any notification is issued under sub-
section (1) in relation to a special order, all cases relating to the contravention of such special order 
and pending before a Magistrate immediately before the date of the issue of such notification, shall, if 
no witnesses have been examined before such commencement or the said date, as the case may be, be 
tried in a summary way under this section, and if any such case is pending before a Magistrate who is 
not  competent  to  try  the  same  in  a  summary  way  under  this  section,  it  shall  be  forwarded  to  a 
Magistrate so competent.] 

 6[12B.  Grant  of  injunction,  etc.,  by  civil  courts.―No  civil  court  shall  grant  an  injunction  or 
make  any  order  for  any  other  relief,  against the  Central  Government  or  any  State  Government  or a 
Public  officer  in  respect  of  any  Act  done  or  purporting  to  be  done  by  such  Government,  or  such 
officer in his official capacity, under this Act or any order made thereunder, until after notice of the 
application for such injunction or other relief has been given to such Government or officer.] 

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). 

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. 

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. 

1. Subs. by Act 30 of 1974, s. 10, for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 22-6-1974). 
2. 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). 
3. Subs. by s. 10, ibid., for “section 517” (w.e.f. 22-6-1974). 
4. The words “of imprisonment or fine” omitted by s. 10, ibid. (w.e.f. 22-6-1974). 
5. Subs. by s. 10, ibid., for sub-section (4) (w.e.f. 22-6-1974).  
6. Ins by Act 30 of 1974, s. 11 (w.e.f. 22-6-1974). 

18 

 
                                                      
1[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.] 

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. 

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

19 

 
                                                      
1[THE SCHEDULE 

(See section 2A) 

ESSENTIAL COMMODITIES 

(1) drugs.  

Explanation.―For the purposes of this Schedule, “drugs” has the meaning assigned to it in clause 

(b) of section 3 of the Drugs and Cosmetics Act, 1940; 

(2) fertilizer, whether inorganic, organic or mixed; 

(3) foodstuffs, including edible oilseeds and oils; 

(4) hank yarn made wholly from cotton; 

(5) petroleum and petroleum products;  

(6) raw jute HI jute textiles; 

(7) (i) seeds of food-crops and seeds of fruits and vegetables; 

(ii) seeds of cattle fodder; and 

(iii) jute seeds.] 

2[(iv) cotton seed.] 

3[(8) masks (2ply & 3ply surgical masks, N95 masks) & hand sanitizers.] 

1. Ins. by Act 54 of 2006, s. 3 (w.e.f. 12-2007). 
 2. Ins. by S.O. 2988(E), dated 22nd December, 2010. 
 3. Added by Notification No. S.O. 1087(E) (w.e.f. 13-3-2020). 

20 

 
                                                      
