 lok sabha corrigenda tothe essential oo~odities (amendment) bill, 1966 (to be/as introduced in lok sabha) 1 p~ge 6, line 9,-iju: "(ii) it ~ "(iii)'~ -,~ 2 page 6, line 7 from bottom,-,w' "implemeting" ~ "implementing" 3 page 7, line 4 from bottom,-for "forefi ture" read "forfeiture" ne~ delhi; au~_st 1 7 1 g66 sravana 26 1888 csaj~:!] __ ~  ~~_ bm no 55 of 196' the es~ential commodities (amendment) bill, 1966  ~·'··<··· rt'  ;\'r  1,:,  h , ia bill ,'''' futther to amend the essential commodities act, 1955 ~l) be it enacted by parliament in the seventeenth year ~f the k~ republic of india as follows:-1 this act may be called the essential commodities (amend- short f~:''''' ment) act, 1966 title l~,  z in the essential commodities act, 1955 (hereinafter referred amend-~i teras the principal act), in section 3, after sub-section (3a) the me~t ot ~'following sub-section shall be inserted, namely:-sechon3 ~i-'!~\' '(3b) where any person is required by an order made with reference to clause (f) of sub-section (2) to sell any grade or ft';~riejty of foodgrains, edible oilseeds or edible oils to the central ""~~~lldllent or a state government or to an officer or agent of such government and either no notification in respect of such  _~oodgrains, edible oilseeds or edible oils has been issued under sub-section (3a) or any such notification having been issued has ceased to remain in force by efflux of time, then, notwithstanding anything contained in sub-section (3), there shall be paid to that person such price for the foodgrains, edible oilseeds or edible oils as may be specified in that order having regard to- ~ - (i) the controlled price, if any, fixed under this section or by or unlier any other law for the time being in force for such grad~ or variety of food grains, edible oilseeds or edible oils; and ' (ii) the price for such grade or variety of foodgrains, 10 edible oil seeds or edible oils prevailing or likely to prevail during the post-harvest period in the area to which that order applies explanation-for the purposes of this sub-section, "postharvest period" in relation to any area means a period of three 1$ months beginning from the las't day of the fortnight during which harvesting operations normally commence' "ga where any foodgrains, edible oil seeds or edible nils are 20 seized in pursuance of an order made under section 3 in relation insertion 3 mter section 6 of the principal act the following sections shall of new be inserted, namely:-sections 6a to6d confiscation ot foodgrains, edible oilseeds and edible oill thcttet~ th~ may be produced, without any unreasonable delay, before the collector of the district or the - presidency-town,· in which such foodgrains, edible oilseeds or edible oils are trelzed and whether or not a pl'()5«ution is instituted for the contra- 2, vention of such order, the collector, if satisfied that there hos been a contravention of the order ma:v order confiscation of the food grains, edible oilseeds or edible oils 6b no order confiscating any foodgrains, edible oilseeds or edible oils shall be made under section 6a unless the owner of 30 such articles or the person from whom they are seized-(a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the articles: issue of showcause notice before confiscation of food-il"ains etc (b) is given an opportunity of making a representation in writing within such reasonable time as may be specified 3s  in the notice against the grounds of confiscation; and (c) is given a reasonable opportunity of being heard in the matter: provided that the notice referred to in clause (a) or -the representation referred to in clause (b) may, at the request 40 ot the person concerned, be oral 6c (1) any person aggrieved by an order of confiscation appeal under section 6a may, within one month from the date of the communication to him of such order, appeal to the state government concerned and the state government may, after giving 5 an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against 10 15 (2) where an order under section 6a is mocufied or annulled by the st~te government, 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 return thefoodgrains or edible oilseeds or edible oils seized, such person shall be paid the price therefor as if the foodgrains, edible oil seeds or edible oils, as the ease may be, had beensglld to the government; and such price shall be determined in accordance with the provisions of sub:isectlon (38) of section 3   11'" 20 -"bd:-the award of any confiscation under this act by the 'collector shall not prevent the infliction of any punishment to which the person affected thereby is liable under this act" award of confiscation not to interfere , / with other punishments 4 in section 7 of the principal act, in clause (b) of sub- amendsection (1)-'irient of  " _ "   , (a) in the opening paragraph, after the words "seem fit",  section 7 ,  the words ~"incluqing, in the case of an order relating to foodgrains, any pa-ckages, cov'etiiigs or receptacles in which they are found and any animal, vehicle, vessel or other conveyance used in carrying foodgrains" shall be inserted; (b) in the proviso, after the words "any part of the property", the words "or any packages, coverings or receptacles or any animal, vehicle, vessel or other conveyance" shall be inserted   ' 5 (1) the essential commodities (amendment) ordinance, 1966, repeal is hereby repealed arid savin, (2) notwithstanding such repeal, anything done or any action  taken under the principal act as amended by the said ordinance &hall be deemed to have been done or taken under the principal act u amended by this act as if this act had come into force on the 12th day of july" 1966 consequent upon the decision to restrict the application of the defence ·of india act, 1962 (51 of 1962), and the rules made thereunder, namely, the defence of india rules, 1962, in areas other than border areas, to purposes connected only with the defence of india, civil defence, etc, the provisions of that act and those rules will not be available in such areas for regulating the supply and distribution of essential commodities some of the state governments have issued orders under rule 125(3) (c) of the defence of india rules, 1962, fixing prices for foodgrains compulsorily acquired from producers, traders and millers by imposing a levy & government have now assumed a p~itive role in holding the price line following devaluation and for procurement of substantial stocks of foodgrains, edible oilseeds and edible oils at prices specially fixed, for release at reasonable prices particularly to people in areas hit by scarcity, it has become absolutely necessary that the government should be clothed with the power to fix prices as mentioned above the bill, therefore, seeks to amend the essential commodities act, 1955 (10 of 1955), for conferring such power on the government as also the powers specified below in order to make the administration of the essential commodities act more strict, it is proposed to provide for the forfeiture of packages, vehicles, animals, etc, involved iii the contravention of orders issued under that act by amending section 7 of that act such power is now available under rule 125 (9) (b) of the defence of india rules, 1962   it is also proposed to insert new provisions in the essential commodities act, 1955, for the confiscation, by collectors of districts, of the foodgrains, edible oil seeds and edible oils which have been seized ior contravention of any order issued under that act and for appeals from the orders of the collectors to the state governments specific provision is also proposed to be made for the return, if possible, of the articles seized or for payment of the value thereof if the person aggrieved by the order of confiscation succeeds in appeal or is acquitted by ~ourt where prosecution is launched for the same contravention this follows the pattern of rule 125 (8) of the defence of india rules, 1962, but has been strengthened with a view to ensure the observance of the principles of natural justice as parliament was not in session, an ordinance was promulgated on the 12th july, 1966, amending the essential commodities act, 1955, taking powers in regard to the matters specified above the present bill seeks to replace the essential commodities (amendment) ordinance, 1966 new delhi; the 25th july, 1966 manubhaishah  president's recommendation under article 117 of the constitution of india[copy of letter no f26(7) com-genl/66, dated the 12th august, 1966 from shri manubhai shah, minister of commerce to the secretary, lok sabha] the president having been informed of the subject matter of the essentiul commodities (amendment) bill, 1966, recommends under article 117 (3) of the constitution of india, the consideration of the bill in the monsoon session of the lok sabha, 1966 ror taking certain powers, similar to those contained in rule 125 of the defence of india rules, 1962, under the essential commodities act, 1955, in respect of 'foodgrains, edible oilseeds and edible oils, it is proposed to amend the essential commodities act, 1955 this bill provides for (i) fixing the price for foodgrains, edible oilseeds-and edible oils acquiretl by government under the act, (ii) confiscation of these commodities where an order issued under the act is contra· vened, and (ii) for forfeiture of packages, coverings or receptacles in which foodgrains are carried and animals, vehicles, vessels or other conveyances used in carrying them the proposed amendments seek to confer certain statutory powers on the executive as well as on the courts for implemeting the provisions in respect of confiscation of commodities in relation to union territories under orders of collectors, it may become necessary to employ additional staff even an approximate estimate of the addi tional expenditure cannot be made at this stage as it is not possible to foresee the number of cases in which resort to confiscation may become necessary ,  annexure extracts from the essential commodities acr, 1955(10 of 1955) - - - - 7 (1) if any person c~ntravenes any order made under section 3-- penaltiet - - - - (b) any property in respect of which the order has been contravened or such part thereof as to the court may seem fit shall be forfeited to the government: provided that if the court is of opinion that it is not necessary to direct forefiture in respect of the whole or, as the case may be, any part of the property, it may, for reasons to be recorded, refrain from doing so_ - - - - ,  a bill further to amend the essential commodities act, 1955 (slzri mamdjhai shah, minister of commerce) 