Essential commodities act, 1955 - appeal
Adv.Sanjiv Deshpande
(Querist) 05 December 2012
This query is : Resolved
Where can appeal be made as against an Order passed by the District Collector U/s.6A of The Essential Commodities Act, 1955. What is construed by "State Government" therein?
Kindly guide.
ajay sethi
(Expert) 05 December 2012
Section 6-A as provides for seizure and confiscation of the essential commodity for contravention of any order issued under Section 3. Further Section 6-B provides for issuance of show-cause notice and the procedure for confiscation of the seized essential commodity as well as any package, covering or receptacle in which the essential commodity is found or any animal, vehicle, vessel or other conveyance used in carrying such essential commodity. Section 6-C provides for appeal against the confiscation order and the procedure for return of the confiscated article in case where appeal filed against the confiscation order or the order passed under Section 7 forfeiting the essential commodity is set aside.
6-C. Appeal. — (1) Any person aggrieved by an order of confiscation under Section 6-A may, within one month from the date of the communication to him of such order, appeal to [5][the State Government concerned and the State Government 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 6-A is modified or annulled by [6][the State Government] or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been under Section 6-A, the person concerned is acquitted, and in either case it is not possible for any reason to return the essential commodities seized, such person shall, except as provided by sub-section (3) of Section 6-A be paid the price therefor, as if the essential commodity has 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 foodgrains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3-B) of Section 3.
(ii) in the case of sugar, in accordance with the provisions of sub-section (3-C) 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.
R.K Nanda
(Expert) 05 December 2012
no more to add.
