THE PREVENTION OF BLACKMARKETING AND MAINTENANCE OF SUPPLIES OF 
ESSENTIAL COMMODITIES ACT, 1980 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Power to make orders detaining certain persons. 
4.  Execution of detention orders. 
5.  Power to regulate place and conditions of detention. 
6.  Detention orders not to be invalid or inoperative on certain grounds. 
7.  Powers in relation to absconding persons. 
8.  Grounds of order of detention to be disclosed to person affected by the order. 
9.  Constitution of Advisory Boards. 
10.  Reference to Advisory Boards. 
11.  Procedure of Advisory Boards. 
12.  Action upon the report of Advisory Board. 
13.  Maximum period of detention.  
14.  Revocation of detention orders. 
15.  Temporary release of persons detained. 
16.  Protection of action taken in good faith. 
17.  Repeal and saving. 

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THE PREVENTION OF BLACKMARKETING AND MAINTENANCE OF SUPPLIES OF 
ESSENTIAL COMMODITIES ACT, 1980 

ACT NO. 7 OF 1980 

[12th February, 1980.] 

An Act to provide for detention in certain cases for the purpose of prevention of black marketing 
and  maintenance  of  supplies  of  commodities  essential  to  the  community  and  for  matters 
connected therewith. 

BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:— 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Prevention  of  Black 

marketing and Maintenance of Supplies of Essential Commodities Act, 1980. 

(2) It extends to the whole of India 1***. 

(3) It shall be deemed to have come into force on the 15th day of October, 1979. 

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

(a)  “appropriate  Government”  means,  as  respects  a  detention  order  made  by  the  Central 
Government or by an officer of the Central Government or a person detained under such order, the 
Central Government, and as respects a detention order made by a State Government or by an officer 
of a State Government or as respects a person detained under such order, the State Government; 

(b) “detention order” means an order made under section 3; 

(c) “State Government”, in relation to a Union territory, means the administrator thereof. 

3.  Power  to  make  orders  detaining  certain  persons.—(1)  The  Central  Government  or  a  State 
Government  or  any  officer  of  the  Central  Government,  not  below  the  rank  of  a  Joint  Secretary  to  that 
Government specially empowered for the purposes of this section by that Government, or any officer of a 
State  Government,  not  below  the  rank  of  a  Secretary  to  that  Government  specially  empowered  for  the 
purposes of this section by that Government, may, if satisfied, with respect to any person that with a view 
to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities 
essential to the community it is necessary so to do, make an order directing that such person be detained. 

Explanation.—For the purposes of this sub-section, the expression “acting in any manner prejudicial 

to the maintenance of supplies of commodities essential to the community” means— 

(a) committing or instigating any person to commit any offence punishable under the Essential 
Commodities Act, 1955 (10 of 1955), or under any other law for the time being in force relating to 
the  control  of  the  production,  supply  or  distribution  of,  or  trade  and  commerce  in,  any  commodity 
essential to the community; or 

(b) dealing in any commodity— 

(i) which is an essential commodity as defined in the Essential Commodities Act, 1955 (10 of 

1955), or 

(ii) with respect to which provisions have been made in any such other law as is referred to in 

clause (a), 

with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat 
the provisions of that Act or other law aforesaid. 
(2) Any of the following officers, namely:— 

(a) district magistrates; 
(b) Commissioners of Police, wherever they have been appointed, 

may also, if satisfied as provided in sub-section (1), exercise the powers conferred by the said sub-section. 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

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(3) When any order is made under this section by an officer mentioned in sub-section (2), he shall 
forthwith report the fact to the State Government to which he is subordinate together with the grounds on 
which the order has been made and such other particulars as in his opinion have a bearing on the matter, 
and no such order shall remain in force for more than twelve days after the making thereof unless in the 
meantime it has been approved by the State Government: 

Provided  that  where  under  section  8  the  grounds  of  detention  are  communicated  by  the  authority 
making the order after five days but not later than ten days from the date of detention, this sub-section 
shall apply subject to the modification that for the words “twelve days”, the words “fifteen days” shall be 
substituted. 

(4)  When  any  order  is  made  or  approved  by  the  State  Government  under  this  section  or  when  any 
order is made under this section by an officer of the State Government not below the rank of Secretary to 
that  Government  specially  empowered  under  sub-section  (1),  the  State  Government  shall,  within  seven 
days, report the fact to the Central Government together with the grounds on which the order has been 
made  and  such  other  particulars  as,  in  the  opinion  of  the  State  Government,  have  a  bearing  on  the 
necessity for the order. 

4. Execution of detention orders.—A detention order may be executed at any place in India in the 
manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (2 of 
1974). 

5.  Power  to  regulate  place  and  conditions  of  detention.—Every  person  in  respect  of  whom  a 

detention order has been made shall be liable— 

(a)  to  be  detained  in  such  place  and  under  such  conditions,  including  conditions  as  to 
maintenance,  discipline  and  punishment  for  breaches  of  discipline,  as  the  appropriate  Government 
may, by general or special order, specify; and 

(b) to be removed from one place of detention to another place of detention, whether within the 

same State or in another State, by order of the appropriate Government: 

Provided that no order shall be made by a State Government under clause (b) for the removal of a 

person from one State to another State except with the consent of the Government of that other State. 

6. Detention orders not to be invalid or inoperative on certain grounds.—No detention order shall 

be invalid or inoperative merely by reason— 

(a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of 

the Government or officer making the order, or 

(b) that the place of detention of such person is outside the said limits. 

7.  Powers  in  relation  to  absconding  persons.—(1)  If  1[the  appropriate  Government  or  an  officer 
mentioned  in  sub-section  (2)  of  section  3,  as  the  case  may  be,]  has  reason  to  believe  that  a  person  in 
respect of whom a detention order has been made has absconded or is concealing himself so that the order 
cannot be executed, that Government 2[or officer] may— 

(a) make a report in writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of 
the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon 
the provisions  of  sections 82,  83,  84 and  85  of the  Code  of  Criminal  Procedure,  1973 (2 of  1974), 
shall apply in respect of the said person and his property as if the order directing that he be detained 
were a warrant issued by the Magistrate; 

1. Subs. by Act 27 of 1982, s. 2, for “appropriate Government” (w.e.f. 5-8-1982). 
2. Ins. by s. 2, ibid. (w.e.f. 5-8-1982). 

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(b) by order notified in the Official Gazette direct the said person to appear before such officer, at 
such  place  and  within  such  period  as  may  be  specified  in  the  order;  and  if  the  said  person  fails  to 
comply  with  such  direction  he  shall,  unless  he  proves  that  it  was  not  possible  for  him  to  comply 
therewith and that he had, within the period specified in the order, informed the officer mentioned in 
the order of the reason which rendered compliance therewith impossible and of his whereabouts, be 
punishable with imprisonment for a term which may extend to one year or with fine or with both. 

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of1974), every 

offence under clause (b) of sub-section (1) shall be cognizable. 

8. Grounds of order of detention to be disclosed to person affected by the order.—(1) When a 
person is detained in pursuance of a detention order, the authority making the order shall, as soon as may 
be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded 
in writing, not later than ten days from the date of detention, communicate to him the grounds on which 
the order has been made and shall afford him the earliest opportunity of making a representation against 
the order to the appropriate Government. 

(2)  Nothing  in  sub-section  (1)  shall  require  the  authority  to  disclose  facts  which  it  considers  to  be 

against the public interest to disclose. 

9.  Constitution  of  Advisory  Boards.—(1)  The  Central  Government  and  each  State  Government 

shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act. 

1[(2)  Every  such  Board  shall  consist of  three  persons who  are,  or  have  been,  or are  qualified to  be 
appointed  as,  Judges  of  a  High  Court,  and  such  persons  shall  be  appointed  by  the  appropriate 
Government. 

(3) The appropriate Government shall appoint one of the members of the Advisory Board who is, or 
has  been,  a  Judge  of  a  High  Court  to  be  its  Chairman,  and  in  the  case  of  a  Union  territory,  the 
appointment to the Advisory Board of any person who is a Judge of the High Court of a State shall be 
with the previous approval of the State Government concerned.] 

10. Reference to Advisory Boards.—Save as otherwise expressly provided in this Act, in every case 
where  a  detention  order  has  been  made  under  this  Act,  the  appropriate  Government  shall,  within  three 
weeks from the date of detention of a person under the order, place before the Advisory Board constituted 
by it under section 9, the grounds on which the order has been made and the representation, if any, made 
by the person affected by the order, and in case where the order has been made by an officer referred to in 
sub-section (2) of section 3, also the report by such officer under sub-section (3) of that section. 

11. Procedure of Advisory Boards.—(1) The Advisory Board shall, after considering the materials 
placed  before  it  and,  after  calling  for  such  further  information  as  it  may  deem  necessary  from  the 
appropriate Government or from any person called for the purpose through the appropriate Government 
or  from  the  person  concerned,  and  if,  in  any  particular  case,  it  considers  it  essential  so  to  do  or  if  the 
person  concerned  desires  to  be  heard,  after  hearing  him  in  person,  submit  its  report  to  the  appropriate 
Government within seven weeks from the date of detention of the person concerned. 

(2)  The  report  of  the  Advisory  Board  shall  specify  in  a  separate  part  thereof  the  opinion  of  the 

Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned. 

(3)  When  there  is  a  difference  of  opinion  among  the  members  forming  the  Advisory  Board,  the 

opinion of the majority of such members shall be deemed to be the opinion of the Board. 

(4) Nothing in this section shall entitle any person against whom a detention order has been made to 
appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and 
the  proceedings  of  the  Advisory  Board,  and  its  report,  excepting  that  part  of  the  report  in  which  the 
opinion of the Advisory Board is specified, shall be confidential. 

1. Subs. by Act 19 of 1981, s. 2, for “sub-sections (2) and (3) and the Explanation” (w.e.f. 2-9-1981). 

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12.  Action  upon  the  report  of  Advisory  Board.—(1)  In  any  case  where  the  Advisory  Board  has 
reported  that  there  is  in  its  opinion  sufficient  cause  for  the  detention  of  a  person,  the  appropriate 
Government may confirm the detention order and continue the detention of the person concerned for such 
period as it thinks fit. 

(2) In any case where the Advisory Board has reported that there is in its opinion no sufficient cause 
for the detention of the person concerned, the appropriate Government shall revoke the detention order 
and cause the person to be released forthwith. 

13. Maximum period of detention.—The maximum period for which any person may be detained in 
pursuance of any detention order which has been confirmed under section 12, shall be six months from 
the date of detention: 

Provided that nothing contained in this section shall affect the power of the appropriate Government 

to revoke or modify the detention order at any earlier time. 

14. Revocation of detention orders.—(1) Without prejudice to the provisions of section 21 of the 

General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified— 

(a)  notwithstanding  that the  order  has  been  made  by  an  officer  of  a  State  Government,  by  that 

State Government or by the Central Government; 

(b) notwithstanding that the order has been made by an officer of the Central Government or by a 

State Government, by the Central Government. 

(2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order 
under  section  3  against  the  same  person  in  any  case  where  fresh  facts  have  arisen  after  the  date  of 
revocation or expiry on which the Central Government or a State Government or an officer, as the case 
may be, is satisfied that such an order should be made. 

15.  Temporary  release  of  persons  detained.—(1) The  appropriate  Government  may,  at  any  time, 
direct that any person detained in pursuance of a detention order may be released for any specified period 
either  without  conditions  or  upon  such  conditions  specified in  the  direction  as  that  person  accepts,  and 
may, at any time, cancel his release. 

(2)  In  directing  the  release  of  any  person  under  sub-section  (1),  the  appropriate  Government  may 
require  him  to  enter  into  a  bond  with  or  without  sureties  for  the  due  observance  of  the  conditions 
specified in the direction. 

(3) Any person released under sub-section (1) shall surrender himself at the time and place, and to the 

authority, specified in the order directing his release or cancelling his release, as the case may be. 

(4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-
section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with 
fine, or with both. 

(5) If any person released under sub-section (1) fails to fulfil any of the conditions imposed upon him 
under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited 
and any person bound thereby shall be liable to pay the penalty thereof. 

16. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the 
Central Government or a State Government, and no suit, prosecution or other legal proceeding shall lie 
against any person, for anything in good faith done or intended to be done in pursuance of this Act. 

17.  Repeal  and  saving.—(1)  The  Prevention  of  Black  marketing  and  Maintenance  of  Supplies  of 

Essential Commodities Ordinance, 1979 (10 of 1979), is hereby repealed. 

(2) Notwithstanding such repeal anything done or any action taken under the Ordinance so repealed 

shall be deemed to have been done or taken under the corresponding provisions of this Act. 

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