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Section 6C – The Essential Commodities Act, 1955

The Essential Commodities Act, 1955

 

 

6-C APPEAL.

 

2[ 6C. Appeal. —(1) Any person aggrieved by an order of confiscation under section 6A may, within one month from the date of the communication to him of such order, appeal to 3[any judicial authority appointed by the State Government concerned and the judicial authority] shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against.

 

(2) Where an order under section 6A is modified or annulled by 4[such judicial authority], or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under section 6A, the person concerned is acquitted, and in either case it is not possible for any reason to 5[return the essential commodity seized],

6[such persons shall, except as provided by sub-section (3) of section 6A, be paid] the price therefor 7[as if the essential commodity,] had been sold to the Government with reasonable interest calculated from the day of the seizure of 6 [the essential commodity] 8[and such price shall be determined—

 

(i) in the case of foodgrains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3B) of section 3;

 

(ii) in the case of sugar, in accordance with the provisions of sub-section (3C) of section 3; and

 

(iii) in the case of any other essential commodity, in accordance with the provisions of sub-section (3) of section 3.]]

State Amendment

 

Bihar. —For section 6C, substitute the following section, namely:—

 

“6C. Appeal. —(1) Any person aggrieved by an order of confiscation under section 6A may, within one month from the date of the communication to him of such order, appeal to any judicial authority appointed by the State Government concerned and the judicial authority shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against.

 

(2) Where an order under section 6A modified or annulled by such judicial authority, or where in a prosecution for the contravention of the order in respect of which an order of confiscation has been made under section 6A, the person concerned is acquitted and in either case it is not possible for any reason to return the essential commodity seized, such person shall, save as provided by sub-section (3) of section 6A, be paid the price thereof as if the essential commodity had been sold to the Government with reasonable interest calculated from the day of the seizure of the essential commodity and such price shall be determined—

 

(i) in the case of foodgrains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3B) of section 3;

 

(ii) in the case of sugar in accordance with the provisions of sub-section (3C) of section 3; and

 

(iii) in the case of any other essential commodity, in accordance with the provisions of sub-section (3) of section 3.”

 

[ Vide Bihar Act 9 of 1978, sec. 5 (w.e.f. 6-9-1978).]

 

COMMENTS

 

Order passed under section 6A (2) does not attract section 6C

 

There is a difference in orders of confiscation passed by the Collector under section 6A(1) and section 6A(2) of the Act. Thus, an order passed under section 6A(2) of the Act does not attract section 6C and hence no appeal lies. Section 6C is clear in its words that an appeal is provided only for orders issued for confiscation under section 6A(1) of the Act; State of U.P . v. Ram Avtar Jaiswal , 1983 All LJ 1197.

 

Scope of expression “for any reason”

 

The expression, ‘for any reason’ used in section 6C (2) of the Act should be understood in broader and larger sense as it appears from the context in which it has been used; N. Nagendra Rao & Co. v. State of Andhra Pradesh , AIR 1994 SC 2663.

 

———-

1. Extended to Goa, Daman and Diu with modifications by Regulation 12 of 1962, sec. 3 and Sch., to Dadra and Nagar Haweli by Regulation 6 of 1963, sec. 2 and Sch. I and to Lakshadweep and Amindivi Islands by Regulation 8 of 1965, sec. 3 and Sch., to the State of Sikkim (w.e.f. 7-1-1976), vide S.O. 28(E), dated 7th January, 1976.

 

This Act has been amended in Maharashtra by Maharashtra Act 71 of 1976, in Orissa by Orissa Act 8 of 1976, in Uttar Pradesh by Uttar Pradesh Acts 9 of 1974, 18 of 1975, 39 of 1975 and 16 of 1978.

 

2. Ins. by Act 25 of 1966, sec. 3 (w.e.f. 3-9-1966).

 

3. The words “the State Government concerned and the State Government” subs. by Act 18 of 1981, sec. 5(a) as amended by Act 34 of 1993, sec. 3, for “any judicial authority appointed by the State Government and the judicial authority” for a period of fifteen years, now they stand ceased to have effect after the expiry of fifteen years. See Appendix — Section 5(a) of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).

 

4. The words “the State Government” subs. by Act 18 of 1981, sec. 5(b) as amended by Act 34 of 1993, sec. 3, for “such judicial authority” for a period of fifteen years, now they stand ceased to have effect after the expiry of fifteen years, See Appendix — Section 5(b) of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).

 

5. Subs. by Act 36 of 1967, sec. 6(a), for “return the foodgrains or edible oilseeds or edible oils seized” (w.e.f. 30-12-1967).

 

6. Subs. by Act 92 of 1976, sec. 6, for “such person shall be paid”

 

7. Subs. by Act 36 of 1967, sec. 6(b), for “as if the foodgrains, edible oilseeds or edible oils, as the case may be,” (w.e.f. 30-12-1967).

 

8. Subs. by Act 36 of 1967, sec. 6(c), for “articles” (w.e.f. 30-12-1967).

 

9. Subs. by Act 36 of 1967, sec. 6(d), for certain words (w.e.f. 30-12-1967).

 

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