Section 3 of The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980
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.
- (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.
Summary
- This section gives power to the Central Government, State Governments, specially empowered high ranking officers, District Magistrates, and Police Commissioners to order the preventive detention of individuals.
- It targets anyone who acts against public interest by committing or encouraging offences related to the supply, trade, or control of essential goods like food or fuel to make a profit.
- It limits detention orders made by local officials to twelve days, or fifteen days in special communication cases, unless the State Government approves the order within that time.
- It requires State Governments to report any made or approved detention orders to the Central Government within seven days along with the underlying reasons.
Practical examples
FAQ
1. Which officers can issue a detention order under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980?
Under Section 3 of this anti-blackmarketing Act, detention orders can be issued by the Central Government, State Governments, specially empowered Joint Secretaries of the Central Government, specially empowered Secretaries of State Governments, District Magistrates, and Commissioners of Police.
2. How long can a detention order issued by a District Magistrate remain in force without approval under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980?
Under Section 3 of this supply maintenance Act, a District Magistrate's order lasts for a maximum of twelve days, which can extend to fifteen days if the disclosure of grounds is delayed up to ten days, unless approved by the State Government.
3. Within how many days must a State Government report a detention order to the Central Government under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980?
Under Section 3 of this essential commodities protection Act, the State Government must report any made or approved detention order to the Central Government within seven days along with the grounds for the decision.
Test yourself
Q1.Under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, what is the minimum rank required for a Central Government officer to be specially empowered to issue a detention order?
Q2.Under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, what happens to a detention order issued by a Commissioner of Police if the State Government does not approve it within twelve days under normal circumstances?
Q3.Under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, how is the twelve day limit for a District Magistrate's order modified if the grounds of detention are communicated to the detainee after five days but within ten days from detention?
Q4.Under Section 3 and Section 2 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, which Government must a District Magistrate report to immediately after issuing a detention order?