Section 6A of The Essential Commodities Act, 1955 — Confiscation of foodgrains, edible oil-seeds, edible oils, etc

Bare section text

Official Legislative Text

(1) Where any essential commodity is seized in pursuance of an order made under Section 3 in relation thereto it shall be reported without any unreasonable delay to the Collector of the district in which such essential commodity is seized and the Collector may, if he thinks it expedient so to do, inspect or cause to be inspected such essential commodity, whether or not the prosecution is instituted for the contravention of such order and the Collector, if satisfied that there has been a contravention of the order, may order confiscation of-(a) the essential commodities 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 actions which may be taken under any other provision of this Act, no foodgrains or edible oilseeds seized In pursuance of an order made under Section 3 in relation thereto from producer shall if the seized foodgrains or edible oil-seeds have been produced by him, be confiscated under this Section. (2) Where the Collector, on receiving a report of seizure or in 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 do, he may order the same to be sold at the controlled price, if any, fixed-under any law for the time being in force. (3) In the case of foodgrains where there is no controlled price, the Collector if he thinks fit, may order the foodgrains seized under sub-section (1) 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 foodgrains to the public through these shops or may order such foodgrains to be sold by public auction. (4) The Collector shall whenever it is practicable so to do having regard to the nature of the essential commodity take and preserve sample of the same in the prescribed manner before its sale or distribution. (5) Where any essential commodity is sold as aforesaid, the sale-proceeds thereof, after deduction of all 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 6-C so requires; or(c) in the case of prosecution being instituted for the contravention of the order in respect of which an order of confiscation has been made under this Section and where the person concerned is acquitted be paid to the owner thereof or the person from whom it is seized: Provided that in the case of foodgrains sold through fair price shops in accordance with sub-sections (2) and (3) the owner shall be paid for the foodgrains so sold, the price fixed by the State Government, for retail sale of such foodgrains through such shops less all expenses of sale or auction under sub-sections (2) and (3). (6) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (Act II of 1974) when Collector or the appellate authority is seized with the matter under this Section no court shall entertain any application in respect of essential commodities, any package, covering, receptacle, any animal, vehicle or other conveyance used in carrying such commodities as far as its release, distribution, etc. is concerned and the jurisdiction of Collector or the appellate authority with regard to the disposal of the same shall be exclusive. (7) The State Government may, by notification in the Official Gazette, authorise any officer not below the rank of Sub-Divisional Magistrate, to discharge all or any of the functions of a Collector under this Section. (8) The Collector shall for the purposes of this Act, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 when making enquiries under this Section in respect of the following matters, namely:-(a) receiving evidence on affidavits; (b) summoning and enforcing the attendance of any person and examining him on oath; and(c) compelling the production of documents; (9) All enquiries and proceedings under this Section before the Collector and the Appellate Authority shall be deemed to be judicial proceeding and while discharging functions under this Section the Collector and the Appellate Authority shall be deemed to be a Court. Explanation. - For the purposes of this Section the Collector shall include authorized 'Additional Collector' and any officer specially authorized under sub-section (7).

Educational Study Layer

Summary

Directs that any seizure of essential commodities must be reported to the District Collector without unreasonable delay.
Grants the Collector the power to inspect seized goods and order confiscation of the commodities, packaging, and transport vehicles.
Exempts farmers from confiscation of foodgrains or edible oilseeds if they grew the crops themselves.
Gives hired vehicle owners the option to pay a fine equal to the market price of the seized goods to prevent their vehicle from being confiscated.
Permits the Collector to sell perishable goods immediately at controlled prices, by public auction, or through fair price shops.
Guarantees that sale proceeds are returned to the owner if no confiscation occurs, if an appeal succeeds, or if the accused is acquitted.

Practical examples

1An inspector seizes fifty bags of smuggled rice and the truck carrying them. He reports the seizure immediately to Collector Sharma, who confirms the rule violation and orders the confiscation of the rice and the truck.

2A small farmer, Hari, is carrying twenty bags of wheat he grew on his own farm. An inspector seizes them. Collector Sharma reviews the case and releases the wheat because Section 6A forbids confiscating a producer's own foodgrains.

3Transport company owner Maya rents her truck to a trader who uses it to smuggle cooking oil. Under Section 6A, because the truck was used for hire, Collector Sharma must give Maya the option to pay a fine equal to the oil's market value instead of losing her truck.

FAQ

1. Can a farmer's own crops be confiscated under Section 6A of the Essential Commodities Act, 1955?

No, under Section 6A of the Essential Commodities Act, 1955, foodgrains or edible oilseeds seized from a producer cannot be confiscated if they were produced by that farmer.

2. Who must be notified when an essential commodity is seized under Section 6A of the Essential Commodities Act, 1955?

A report of the seizure must be made without unreasonable delay to the Collector of the district or the Presidency-town where the seizure took place.

3. Can a vehicle used for carrying seized goods be saved from confiscation under Section 6A of the Essential Commodities Act, 1955?

Yes, if the vehicle is used for hire to carry goods or passengers, Section 6A of the Essential Commodities Act, 1955 requires the Collector to give the owner the option to pay a fine instead of confiscation. This fine cannot exceed the market price of the seized commodity at the date of seizure.

4. What happens to seized perishable goods under Section 6A of the Essential Commodities Act, 1955?

Under Section 6A of the Essential Commodities Act, 1955, if the Collector believes the commodity is subject to speedy and natural decay, he can order it sold immediately at the controlled price or by public auction. Foodgrains can be sold through fair price shops.

5. When are the sale proceeds of seized goods returned to the owner under Section 6A of the Essential Commodities Act, 1955?

Under Section 6A of the Essential Commodities Act, 1955, the sale proceeds, minus expenses, are paid back to the owner if no confiscation order is ultimately passed, if a successful appeal under Section 6C requires it, or if the person is acquitted in court.

Practice Quiz

Q1.Under Section 6A of the Essential Commodities Act, 1955, what is the maximum fine that can be levied on the owner of a hired vehicle in lieu of its confiscation?

Q2.Under Section 6A of the Essential Commodities Act, 1955, which of the following items is completely exempt from confiscation when seized from its producer?

Q3.Under Section 6A of the Essential Commodities Act, 1955, what must the Collector do with the money earned from selling a seized perishable commodity if the accused person is eventually acquitted in court?

Q4.Under Section 6A of the Essential Commodities Act, 1955, to whom must a report of seizure be made without unreasonable delay?

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