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
