prohibit the withholding from sale of any essential commodity ordinarily kept for sale
CONFISCATION OF ESSENTIAL COMMODITY
ECs seized u/s. 3 shall be produced before the District Collector
If the Collector is satisfied that there has been a contravention of the order may order confiscation of-
(a) the essential commodity 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;
the person from whom it is seized is given a show cause notice informing the grounds of confiscation
Any person aggrieved may, within one month of such order, appeal to the State Government.
PENALTIES: SECTION 7
If any person contravenes any order made under Sec 3:
imprisonment for a term which may extend from three months to seven years and shall also be liable to fine
any property in respect of which the order has been contravened shall be forfeited to the Government.
any packing, covering or receptacle in which the property is found and any animal, vehicle or other conveyance used in carrying the property shall, if the court so orders, be forfeited to the Government.
Any person who attempts to contravene or abets a contravention of any order made u/S. 3
Any person who furnish false statement or wrong information u/S. 3
In case if the contravention is by the Company: every person who, at the time the contravention was committed was in charge of and was responsible to the company for the conduct of the business of the company as well as company
All offences are cognizable and non- bailable
No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a public servant or any person aggrieved or any recognized consumer association
all offences shall be trialed only by the Special Court constituted for the area
All trial should be summary trials
Appeal lie to the High Court
JAFFER v. THE STATE OF KERALA (MARCH, 2010)
Cognizance for the offence u/Secs 3 and 7 of EC Act - petitioner was found manufacturing engine oil without license using chemicals for storing and sale-contention declared engine oil has not declared as an essential commodity and therefore petitioner cannot be prosecuted for the offence u/Secs 3 and 7 of EC Act.
Section 3 empowers to control production, supply, distribution etc. of essential commodities.
The prosecution quashed.
STATE (DELHI ADMINISTRATION) v. VIJAY CHAUDHARI (NOVEMBER 2006)
Cognizance u/S 7 of the EC Act.
Respondent-proprietor of fair price shop-raid by food department-discrepancies in stocks-prosecuted-trial court acquitted-Appeal.
Since no evidence to prove that the respondent was the license holder of the fair price shop he cannot be convicted.
Acquittal sustained- Appeal dismissed.
SAT PAL GUPTA & ANR. v. STATE OF HARYANA & ANR.
Petition challenging the validity of clause 3 of Haryana Rice Bran (Distribution and Price)Control Order 1967 regulating the dealings on rice bran - Meaning of “Food Stuff”-Rice bran used to feed poultry and cattle-Whether essential commodity within the meaning of the Act.
Section 2(a)(i) of the EC Act 1955 defines an "essential commodity" to mean "cattle fodder including oilcakes and other concentrates" and by sub-clause (v) an “essential commodity” means "food stuffs, including edible oilseeds and oils.“- thus Rice bran being a "foodstuff" within the meaning of section 2(a) (v) of the Act, it is an essential commodity.