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TOP 10 Points - Essential Commodities Act, 1955

 TOP 10 Points

Essential Commodities Act, 1955

(For Quick Revision)

 

1.   Essential commodities [Section 2A]:

It means following commodities (as mentioned in Schedule):

1. Drugs;

2. Fertilizers, whether inorganic, organic or mixed;

3. Foodstuffs, including edible oilseeds and oils;

4. Hank yarn made wholly from cotton;

5. Petroleum and petroleum products;

6. Raw jute and jute textiles;

7.     (i)     seeds of food-crops and seeds of fruits and vegetables;

        (ii)    seeds of cattle fodder; and

        (iii)    jute seeds.

8. any other article within the scope of Entry 33 in List III in the Seventh Schedule to the Constitution, which may be notified by the Central Govt. to be an essential commodity.

2.     Tea is Foodstuff or Not

S. Samuel, AID. Harrisons Malayava v. Union of India, Supreme court held that

“Tea is not a foodstuff “

 

3.      Sugar 2(e):

"SUGAR" MEANS:

(i)     Any form of sugar containing more than 90% of sucrose, including sugar candy;

(ii)    Khandsari sugar or bura sugar or crushed sugar, or any sugar in crystalline or powdered form; or

(iii)    Sugar in process in vacuum pan sugar factory, or raw sugar.

 

4.     POWERS OF CENTRAL GOVERNMENT

TO CONTROL PRODUCTION, SUPPLY & DISTRIBUTION ETC., OF ESSENTIAL COMMODITIES

3(1)          Issue of orders 

3(3):                 Pricing of Essential Commodities

3(3A):       Pricing during Emergency

3(3B):       Procurement Price for Food grains, Edible Oil and Oil Seeds 

3(3C):       Pricing for Sugar  

 

5.      Pricing of Essential Commodities [Section 3(3)]

When the commodities are being sold to Central/State Government the price shall be paid as provided hereunder:

(a)    The agreed price,

(b)    controlled price;

(c)    The market price on the date of sale, where none of the above clauses applies.

 

6.           Pricing during Emergency [Section : 3(3A)]

If Central Government is of the opinion that

Fixing the price

•       of a particular foodstuff

•       in a particular locality

Is necessary for controlling price rise or preventing the hoarding

Then, It may direct the price at which the foodstuffs in such locality will be sold to public.

Note: Such a notification is valid for a maximum period of 3 months.

 

7.  Procurement Price for Food grains, Edible Oil and Oil Seeds 3(3B):

Central Government shall consider the following facts:

(a)    Controlled price;

(b)    General crop prospects;

(c)    Need for making availability at reasonable prices to the consumers; and

(d)    Recommendations, if any, of the Agricultural Price Commission.

 

8.   Pricing for Sugar   3(3C):

Price for sugar be determined by the Central Government after considering the following factors:

(a) Minimum price, if any fixed for sugar cane by the Central Government;

(b) Manufacturing cost of sugar;

(c) Duty or tax, if any, paid or payable thereon; and

(d) Reasonable return on the capital employed in the business of manufacturing sugar.

The Central Government may determine different prices

•       For different areas from time to time or

•       For different factories or

•       For different kinds of sugar

CONFISCATION OF ESSENTIAL COMMODITIES

 

9.   Seizure AND CONFISCATION OF ESSENTIAL COMMODITIES 

'Seize' means taking possession contrary to the wishes of the owner of the property.

'Confiscation' is a mode by which, Courts can dispose off the property, which is seized.

Confiscation is an action posterior to the seizure of an essential commodity.

A commodity which has been seized could be confiscated.

10.  6C: Appeal against Confiscation Order 

Any person aggrieved by an order of confiscation

•       may appeal to the State Government

•       Within 1 month from the date of passing the order

For Further Details

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