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REGISTERED No. D-(D)-72

The Gazette of India

EXTRA0RDINARY

PART II-Section I

PUBLISHED BY AUTHORITY

No. 43] NEW DELHI,FRIDAY, OCTOBER 5,1979/ASVINA13,1901

Separate paging is given to this Part in order that it may be filed as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department)

New Delhi, the 5th October, 1979/Asvina 13, 1901 (Sake)

THE PREVENTION OF BLACKMARKETING AND MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ORDINANCE, 1979

No. 10 OF 1979

Promulgated by the President in the Thirtieth Year of the Republic of India.

An Ordinance to provide for detention in certain case for the purpose of prevention of blackmarketing and maintenance of supplies of commodities essential to the community and for matters connected therewith.

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WHEREAS the House of the People has been dissolved and the council] of States is not in session and the President is satisfied that circumstance exist which render it necessary for him to take immediate action;

Now, 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. (1) This Ordinance may be called the Prevention of Blackmarketing and. short| Maintenance of Supplies of Essential Commodities Ordinance, 1979. title ( extent / (2) It extends to the whole of India except the State of Jammu and Kashmir. and

(5) It shall come into force on such date as the Central Government may, commence by notification in the Official Gazette, appoint.

(305)

Deflnl- 2. In this Ordinance, unless the context otherwise requires,— tiono.

(a) "appropriate Government" means, as respects a detention order made by the Central Government or by an officer of the Central Government or a parson detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer of a State Government or as respects a person detained under such order, the State Government;

(b) "detention order" means an order made under section 3;

(c) "State Government", in relation to a Union territory, means the

administrator thereof.

Power to 3, (J) The'Central Government or a State Government or any officer of the make Central Government, not below the rank of a Joint Secretary to that Government detainiM specially empowered for the purposes of this section by that Government, or any certain officer of a State Government, not below the rank of a Secretary to that Govern- persons. ment 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 commo- dities 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 "actiag is 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, or under any other ^ of 1955^ law for the rim© 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—

(0 which is an essential commodity as defined in the Essential

Commodities Act, 1955, or

10 of 1935.

(ft¹) 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 confer- red 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 day? 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 communi- cated 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 em- powered under sub-section (2), the State Government shall, within seven days, report the fact to the Central Government together with the grounds on which the order has been mad© and such other particulars as, in the opinion of the State Government, have a bearing on the necessity for the order,

4. A detention order may be executed at any place in India in the manner Execution provided for the execution of warrants of arrest under the Code of Criminal °* deten-

t i on 2 011974. Procedure, 1973.

'

orders.

5. Every person in respect of whom a detention order has been made shall be power to liable—

regulate place and (a) to be detained in such place and under such conditions, including conditions conditions as to maintenance, discipline and punishment for breaches of ofdeten- discipllnc, as the appropriate Government may, by general or special order, t I o n- specify; and

(b) to be removed from one place of detention to another place of detention, whether within the same State or in another State, by order of the appropriate Government:

Provided that no order shah¹ be made by a State Government under clause (ft) for the removal of a person from one State to another State except with the con- sent of the Government of that other State.

6. No detention order shall be invalid or inoperative merely by reason— Deten- .

tion orders (a) that the person to be detained thereunder is outside the limits of not to the territorial jurisdiction of the Government or officer making the order, or be invalid

or inopera-

limits.

(b) that the place of detention of such person is outside the said tiveon certain grounds.

7. (1) If appropriate Government has reason to believe that a person powers in respect of whom a detention order has been made has absconded or is conceal- in relation ing himself so that the order cannot be executed, that Government may

to abscond- ing persona.

(a) make a report in writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of 2ofl974. sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973, shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate;

(b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and 'within such npxiod as may be specified in the order; and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which

rendered compliance therewith impossible and of his wnareabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence under clause (h) of sub-section (1) shall be cognizable. 2 of 1974.

vGrounds 8. (1) When a person is detained in pursuance of a detention order, the "rf order authority making the order shall, as soon as may be, but ordinarily not later t/ontob" t h an flVC d a yS a nd m e x c ePt i o n al circumstances and for reasons to be recorded disclosed *n writing, not later than ten days from the date of detention, communicate to to person him the grounds on which the order has been made and shall afford him the affected earliest opportunity of making a representation against the order to the appro- bythe priate Government- order.

(2) Nothing in sub-section (2) shall require the authority to disclose facts which it considers to be against the public interest to disclose.

Constitu- 9_ (i) TJJC central Government and each State Government shall, whenever ^°.n,° necessary, constitute one or more Advisory Boards for the purposes of this BoJrds^ O r d i nance.

(2) The constitution of every such Board shall be in accordance with the recommendations of the Chief Justice of the appropriate High Court,

(3) Every such Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members shall be serving or retired Judges of any High Court.

Explanation.—in this section "appropriate High Court" meafls^-

(") in the case of the detention of a person in pursuance of an^ order of detention made by the Central Government or an officer of the Central Government or the administrator of the Union territory of Delhi or an officer subordinate to such administrator, the High Court for the Union territory of Delhi;

(b) in the case of the detention of a person in pursuance of an order of detention made by any State Government (other than the administrator of a Union territory) or an officer of such State Government, the High Court for that State; and

(c) in the case of the detention of a person in pursuance of an order of detention made by the administrator of a Union territory (other than the Union territory of Delhi) or an officer subordinate to such administrator, such High Couit as the Central Government may, by order published in the Official Gazette, specify with respect to such Union territory.

Reference 1®- Save as otherwise expressly provided in this Ordinance, in every case toAdvi- where a detention order has been made under this Ordinance, the appropriate s o ry Government shah¹, within three weeks from the date of detention of a person Boards. u n (jer the order, place before the Advisory Board constituted by it under

section 9, the grounds on which the order has been made and the representa- tion, if any, made by the person affected by the order, and in case where the order has been made by an officer referred to in sub-section (2) of section 3, also the report by such officer under sub-section (3) of that section.

11. (2) The Advisory Board shall, after considering the materials placed procedure before it and, after -Calling for such further information as it may deem necessary of from the appropriate Government or from any person called for the purpose Advisory through the appropriate Government or from the person concerned, and if. in B o a r d s- any particular case, it considers iit essential su to do or if the person concerned desires to be heard, alter hearing him in person, submit its report to the appropriate Government within seven weeks from the date o[ detention of the person concerned.

(2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is suffi- cient cause for the detention of the person concerned.

(3) When there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board.

(4) Nothing in this section shall entity any person against whom a deten- tion order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory Board, and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential.

12. (J) In any case where the Advisory Board has reported that there 'is Atlicm • in its opinion sufficient cause for the detention of a'person, the -.appropriate upon ' Government may confirm the detention order and continue the detention of the the report person concerned for such period as it thinks fit. °

r

sory (2) In any case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the person to be released forthwith.

13. The maximum period for which any person may be detained in pur- Maximum suancc of -any detention ortler which has been confirmed under section 12, shall period of be six months from the date of detention:

deten- tion.

Provided that nothing contained in this section shall affect the power of the appropriate Government to revoke or modify the detention order at any earlier time.

14. (I) Without prejudice to the provisions of section 21 of the General Revoca- 10 of ] 897. Clauses Act, 1897, a detention order may, at any time, be. revoked or modified— t i on of deten- tion orders.

(a) notwithstanding that the order has been made by an officer of a State Government, by that State Government or by the Central Government;

(b) notwithstanding that the order has been made by an officer of the Central Government or by a State Government, by the Central Govern- ment.

(2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order under section 3 against the same person in any case where fresh facts have arisen after the date of revocation or expiry on which the Central Government or a State Government or an officer, as the case may be, ts satisfied that such an ordet should be made.

n⁸ t ne direction as thai person accepts, and may, at any time, cancel his release.

Tempo- 15. (1) The appropriate Government may, at any time, direct that any rary person detained in pursuance of a detention order may be released for any release specified period either without conditions or upon such conditions specified in ° t

P^S"l

(2) In directing the release of any person under sub-section (i), the appro priate Government may require him to enter into a bond with or without sureties lor the due observance of the conditions specified in the direction.

(3) Any person released under sub-section (1) shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be.

(4) If any person fails without sufficient cause to surrender himself in the mawer specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

(5) If any person released under sub-section (I) fails to fulfil any of this conditions imposed upon him under'the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof,

c 1<5. No suit or other legal proceeding shall lie against the Central Govern- tfon of m c nt or a State Government, and no suit, prosecution or other legal proceeding action shall He against any person, for anything in good faith done or intended to be taken done in pursuance of this Ordinance, in good l a i th

N. SANJIVA REDDY,

President.

R. V. S. MUU HAST*!,

Secy, to the Govt. aj India

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