Section 10B of The Essential Commodities Act, 1955 — Power of court to publish name, place of business, etc., of companies convicted under the Act
Bare section text
Official Legislative Text
(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.
Educational Study Layer
Summary
- When a company is convicted under the Act, the court has the authority to publish the details of the conviction to the public.
- The published details can include the company's name, its place of business, the nature of the violation, and any other relevant facts the court decides.
- This publication must be paid for entirely by the convicted company, not by the government or the court.
- The court cannot publish these details until the time limit for filing an appeal has passed, or if an appeal was filed, until it has been completely resolved.
- If the company refuses to pay for the publication, the court can recover the money from the company using the same methods used to collect a fine.
Practical examples
FAQ
1. Who pays for publishing the details of a company's conviction under Section 10B of the Essential Commodities Act, 1955?
Under Section 10B of the Essential Commodities Act, 1955, the entire expense of publishing the company's name, place of business, and offence details must be borne by the convicted company itself.
2. Can a court publish a conviction notice immediately under Section 10B of the Essential Commodities Act, 1955?
No, under Section 10B of the Essential Commodities Act, 1955, no such publication can be made until the time allowed for filing an appeal has expired, or if an appeal is filed, until that appeal is decided and finished.
3. How does the court recover publication costs if a company refuses to pay under Section 10B of the Essential Commodities Act, 1955?
Under Section 10B of the Essential Commodities Act, 1955, the court can recover the expenses of the publication from the convicted company in the exact same manner as if it were a fine imposed by the court.
4. Does Section 10B of the Essential Commodities Act, 1955, apply to individual business owners or only to corporations?
Under Section 10B of the Essential Commodities Act, 1955, the provision applies to "companies" as defined in Section 10, which includes not only body corporates but also partnership firms and other associations of individuals.
Practice Quiz
Q1.Under Section 10B of the Essential Commodities Act, 1955, who is responsible for paying the costs of publishing the details of a company's conviction in the newspapers?
Q2.Under Section 10B of the Essential Commodities Act, 1955, when is the court legally allowed to carry out the publication of the convicted company's details?
Q3.Under Section 10B of the Essential Commodities Act, 1955, which cross-references Section 10, if a partnership firm (and not a registered corporation) is convicted of hoarding drugs, can the court order the publication of the partners' firm name and place of business?
Q4.Under Section 10B of the Essential Commodities Act, 1955, if a convicted company refuses to pay the advertising expenses for the publication of its conviction, how can the court legally recover the money?