REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 32] NEW DELHI, SATURDAY, SEPTEMBER 16, 1967 BHADRA 25, 1889
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
MINISTRY OF LAW
(Legislative Department)
THE ESSENTIAL COMMODITIES (AMENDMENT) ORDINANCE, 1967
No. 6 OF 1967
Promulgated by the President in the Eighteenth Year of the Republic of India.
An Ordinance further to amend the Essential Commodities Act, 1955, and to continue the Essential Commodities (Amendment) Act, 1964, for a further period.
WHERAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
283
.284 THE GAZETTE OF INDIA EXTRAORDINARY TPAHT IINow, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: -—
1. (i) This Ordinance may be called the Essential Commodities
(Amendment) Ordinance, 1967.
Short title and commence- ment.
(2) It shall come into force at once.
Act 10 of 1955 to be tempo- rarily amended.
2. During the period of operation of this Ordinance, the Essen- tial Commodities Act, 1955 (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sec- tions 3 to 10.
3. In section 2 of the principal Act, after clause (c), the follow-
ing clause shall be inserted, namely: —
Amend- ment of section 2.
'(cc) "order" includes a direction issued thereunder;'.
4. In section 3 of the principal Act, in sub-section (2), in Amend- ment of section 3. clause (j), the following shall be inserted at the end, namely: —
"and of any books of accounts and documents which in his opinion would be useful for, or relevant to, any proceedings under this Act and the return of such books of accounts and documents to the person from whom they were seized after copies thereof or extracts therefrom as certified by that person in the manner specified in the order have been taken".
5. In section 6A of the principal Act,—
Amend- ment of section 6A.
(o) for the words "foodgrains, edible oilseeds or edible oils are seized", in both the places where they occur, the words "essential commodity is seized" shall be substituted;
(b) for the words "they may", the words "it may" shall be
substituted;
(c) for the words "may order confiscation of the food- grains, edible oilseeds or edible oils", the words "may order confiscation of the essential commodity so seized" shall be substituted.
6. In section 6B of the principal Act,—
Amend- ment of section BB
Sic. 1] THE GAZETTE OF INDIA. EXTRAORDINARY 285(c) for the words "they are seized", the words "it is seized" shall be substituted.
7. In section 6C of the principal Act, in sub-section (2),—
Amend- ment of section 6C.
(a) for the words "return the foodgrains or edible oilseeds or edible oils seized", the words "return the essential com- modity seized" shall be substituted;
(b) for the words "as if the foodgrains, edible oilseeds or edible oils, as the case may be,", the words "as if the essential commodity" shall be substituted;
(c) for the word "articles", the words "the essential com- modity" shall be substituted;
(d) for the words, brackets, figures and letter "in accord- ance with the provisions of sub-section (3B) of section 3", the words, brackets, figures and letter "in the case of foodgrains, edible oilseeds or edible oils in accordance with the provisions of sub-section (3B) of section 3 and in the case of any other essential commodity in accordance with the provisions of sub- section (3) of that section" shall be substituted,
8. In section 7 of the principal Act,—
Amend- ment of section 7.
(1) in sub-section (1)—
(a) for the words and figure "If any person contra- venes any order made under section 3", the words and figure "If any person contravenes, whether knowingly, intentionally or otherwise, any order made under section 3" shall be substituted;
(b) in sub-clause (ii) of clause (a), for the words "three years", the words "five years" shall be substituted;
(c) for the proviso to clause (a), the following proviso shall be substituted, namely: —
"Provided that in the case of a first offence, if the Court is of opinion that a sentence of fine only will meet the ends of justice, it may, for reasons to be recorded, refrain from imposing a sentence of imprison- ment and in the case of a second or subsequent offence, the Court shall impose a sentence of imprisonment and such imprisonment shall not be less than one month' and"; (d) for clause (b) [excluding the proviso], the follow- ing shall be substituted, namely: —
286 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]"(b) any property in respect of which the order has been contravened or such part thereof as to the Court may seem fit including any packages, coverings or receptacles in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the property, shall be forfeited to the Govern- ment :";
(2) in sub-section (2), for the words "three years", the
words "five years" shall be substituted;
(3) after sub-section (2), the following sub-section shall
be inserted, namely: —
"(3) Where a person having been convicted of an offence under sub-section (1) is again convicted of an offence under that sub-sectiOn for contravention of an order in respect of an essential commodity, the Court by which such person is convicted shall, in addition to any penalty which may be imposed on him under that sub- section, by order, direct that that person shall not carry on any business in that essential commodity for such period, not being less than six months, as may be specified by the Court in the order.".
9. In section 9 of the principal Act, for the words ''three years"
the words "five years" shall be substituted.
Amend- ment of section 9.
10. After section 10 of the principal Act, the following section shull be inserted, namely: —
"10A. Notwithstanding anything contained in the Code of
Criminal Procedure, 1898, every offence punishable under this 5 of M IR Act shall be cognizable and bailable.".
Insertion of new section 10A. Offences to be cog- nizable and ball- able. Continu- ance of Act 47 of 1964.
11. The duration of the Essential Commodities (Amendment) Act, 1964, is further extended for the period up to and including the 31st day of December, 1969, and accordingly that Act shall have effect subject to the modification that in section 1 of that Act, in sub- section (3), for the words, figures and letters "the 31st day of December, 1967", the words, figures and letters "the 31st day of December, 1969" shall be substituted.
ZAKIR HUSAIN,
I President.
S. P. SEN-VARMA, Secy, to the Govt. of India.
PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA FIWSS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THK MANAGER OF PUBLICATIONS, DELHI, 1967.