Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act,1980
Act No : 7
Section : SHORT TITLE, EXTENT AND COMMENCEMENT
PREVENTION OF BLACKMARKETING AND MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ACT, 1980
7 of 1980
12th February, 1980
The Prevention of Black marketing and Maintenance of Supplies of the Essential Commodities Ordinance, 1979 was promulgated on the 5th October, 1979 to deal effectively with malpractices like black marketing, boarding, profiteering, and to arrest the unjustified rise in prices of essential commodities by providing for the preventive detention of person likely to indulge in such practices. Although the Essential Commodities Act, 1955made comprehensive provisions for the regulation of production, supply, distribution, prices and trade and commerce in commodities declared essential under the Act and although the penal provisions in the Act were made more stringent in accordance with the recommendations of the Law Commission in their Forty -Seventh
Report, it was found not adequate to deal with the situation.
2. The Ordinance recognised preventive detention as a necessary evil and accordingly sought to provide for various safeguards to .avoid scope for possible abuse of powers thereunder. The ground on which a person could be detained under the Ordinance was defioed specifically. It provided that an order directing the detention of a person could be made thereunder only with a view to preventing such person from acting in any prejudicial manner prejudicial to the maintenance of supplies of commodities essential to the community and it also defined the expression "acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community." The Ordinance made provisions to ensure that the composition of the Advisory Boards thereunder was in accordance with the amendments proposed to Article 22 of the Constitution by section 3 of the Constitution (Forty -Fourth Amendment) Act, 1978. It also made the necessary provisions for ensuring, in accordance with the said amendments, that a person is not detained for a period longer than two months without the approval of an Advisory Board. Unlike the earlier laws as to preventive detention, the Ordinance limited the maximum period of detention to six months.
3.The provisions of the Ordinance are useful as a deterrent measure to combat malpractices like black-marketing. hoarding and profiteering. . .
4. The Bill seeks to replace the said Ordinance.-Gaz. of Ind.,25-1-1980, Pt. II-S. 2, Ext., p. 23, (No. 3). Amending Act 19 of 1981.-Section 9of the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980, provides for the construction of Advisory Boards by the Central Government and each State Government. Under sub-sections (2) and (3) of this section/the constitution of every Advisory Board has to be in accordance with the recommendations of the Chief Justice of the appropriate High Court. 'The Chairman of an Advisory Board has to be a Judge of an appropriate High Court and the other members shall be serving or retired Judges of any High Court.
2. Under sub-sections (2) and (3) of section 9 of the National Security Act, 1980, the members of an Advisory Board have to be appointed by the appropriate Government. The Chairman of an Advisory Board has to be a person who is, or has been, a Judge of a High Court, while the remaining two members may be persons who are, or have been, or are qualified to be appointed as Judges of a High Court, It is proposed to amend the Act to provide for the appointment and constitution of the Advisory Boards on the same lines as in the National Security Act, 1980.
3. The Bill seeks to give effect to the above proposal.-Gaz. of Ind" 24-2-1981, Pt. II, S. 2, Ext., p. 71. Amending Act 27 of 1982.-
Under section 7of the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980, action against a person who has absconded or is concealing himself with a view to avoiding the execution of a detention order can be initiated only by the appropriate Government. This leads to delay in cases where the order of detention is made by a District Magistrate or a Commissioner of Police, referred to in section 3(2) of the Act. Under the corresponding provisions in the National Security Act, 1980(vide section 7thereof), power is conferred on the officers empowered to
Order detention to take action against absconding persons In that context and keeping in view the need for expeditious action against absconding persons, it is proposed to amend section 7of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, so as to enable officers referred to in section 3(2)of that Act also to exercise the powers in relation to absconding persons. 2. The Bill seeks to achieve the above objects.-S.O.R.-Gaz: of lnd" 23-2-1932, Pt. II, S. 2, Ext" p. 44 (No. 3).
An Act to provide for detention in certain cases for the purpose of prevention of blackmarketing and maintenance of supplies of commodities essential to the community and for matters connected therewith. Be it enacted by Parliament in the Thirtieth Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 5th day of October, 1979.
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