Section 6B of The Essential Commodities Act, 1955 — Issue of showcause notice before confiscation of foodgrains, etc
Bare section text
Official Legislative Text
(1) No order confiscating any essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be made under section 6A unless the owner of such essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance] or the person from whom it is seized-(a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the 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.(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.(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.
Educational Study Layer
Summary
- Mandates that no confiscation order under Section 6A can be made without first giving a written notice of grounds to the owner.
- Requires that the owner must be given a reasonable specified time to submit a written reply against the proposed confiscation.
- Guarantees the owner a reasonable opportunity to be personally heard in the matter.
- Protects vehicle owners from confiscation if they prove the vehicle was used without their knowledge, connivance, or their agent's consent, and that they took reasonable precautions.
- Prevents confiscation orders from being declared invalid due to minor technical defects in the notice, provided the rules were substantially followed.
Practical examples
FAQ
1. Can the Collector confiscate goods under Section 6A without giving a notice under Section 6B of the Essential Commodities Act, 1955?
No, Section 6B of the Essential Commodities Act, 1955 explicitly states that no order confiscating any commodity, package, vehicle, or other item shall be made under Section 6A unless the owner is given a written notice, a chance to represent their case in writing, and a hearing.
2. What must a vehicle owner prove to stop confiscation under Section 6B of the Essential Commodities Act, 1955?
Under Section 6B of the Essential Commodities Act, 1955, the owner must prove that the vehicle was used without their knowledge or connivance, that their agent and the person in charge also had no knowledge, and that all of them took all reasonable and necessary precautions against such misuse.
3. Will a small mistake in the written notice make the confiscation invalid under Section 6B of the Essential Commodities Act, 1955?
No, Section 6B of the Essential Commodities Act, 1955 states that a confiscation order will not be invalid merely due to a defect or irregularity in the notice, provided the basic requirements of the notice have been substantially complied with.
Practice Quiz
Q1.Under Section 6B of the Essential Commodities Act, 1955, which three procedural steps must be completed before a Collector can legally order confiscation under Section 6A?
Q2.Under Section 6B of the Essential Commodities Act, 1955, if a vehicle is seized pending confiscation under Section 6A, what must its owner prove to the Collector to prevent it from being confiscated?
Q3.Under Section 6B of the Essential Commodities Act, 1955, what is the legal effect of a minor technical defect or irregularity in the written show-cause notice?
Q4.Under Section 6B of the Essential Commodities Act, 1955, what must the vehicle owner show they did to prevent the unauthorized use of their conveyance?