Essential Commodities Act,1955
Act No : 10
Section :
Issue of show-cause notice before confiscation of essential commodity.
6B. Issue of show-cause notice before confiscation of essential commodity. [(1)] 8* No order confiscating 4*[any] essential commodity package, covring, receptacle, animal, vehicle, vehicle or other conveyance shall be made under section 6A unless the owner of such 5*** essential commodity package, covring, receptacle, animal, vehicle, vehicle or other conveyance or the person from whom 6*[it is seized]-- (a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the 5* 8*[essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance]; (b) is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and (c) is given a reasonable opportunity of being heard in the matter. 8*[(2) Without prejudice to the provisions of sub-section (1), no order confiscating any animal, vehicle, vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle, vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use.] 10*[(3) No order confiscationg any essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be invalid merely by reason of any defect or irregularity in the notice given under clause (a) of sub-section (1), if, in giving such notice, the provisions of that clause have been substantially complied with.] --------------------------------------------------------------------- 1 Ins. by Act 25 of 1966, s. 3. 2 Subs. by Act 36 of 1967, s. 4, for certain words. 3 Subs. by s. 4, ibid., for "they may". 4 Subs. by s. 5, ibid., for "any foodgrains, edible oilseeds or edible oils". 5 Subs. by s. 5, ibid., for "articles". 6 Subs. by s. 5, ibid., for "they are seized". 7 Subs. by Act 30 of 1974, s. 4 (w.e.f. 22-6-1974). 8 Re-numbered, subs & ins. by s. 5. ibid. 9 Re-numbered, subs & ins. by Act 92 of 1976, s. 4 (w.e.f. 2-9- 1976). 10 Ins. by s. 5, ibid. 11 Subs. by Act 18 of 1981, s. 4 for fifteen years (w.e.f. 1-9- 1982). 46A
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