Amendment status not verified — confirm the current text below against the official source.
Effect of orders inconsistent with other enactments.—Any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act. 'T6A. Confiscation of essential commodity.— 7[(/)] Where any *[essential commodity is seized] in pursuance of an order made under section 3 in relation thereto, “[a report of such seizure shall, without unreasonable delay, be made to] the Collector of the district or the Presidency town in which such *[essential commodity is seized] and whether or not a prosecution is instituted for the contravention of such order, the Collector ‘[may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied] that there has been a contravention of the order ‘[may order confiscation of— (a) the essential commodity so seized; (5) any package, covering or receptacle in which such essential commodity is found; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity: | Provided that without prejudice to any action which may be taken under any other provision of this Act, no foodgrains or edible oilseeds in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized foodgrains or edible oilseeds have been produced by him, be confiscated under this section: ’[Provided further that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance. ] °[(2) Where the Collector, on receiving a report of seizure or on inspection of any essential commodity under sub-section (/), is of the opinion that the essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, he may— (i) order the same to be sold at the controlled price, if any, fixed for such essential commodity under this Act or under any other law for the time being in force; or (ii) where no such price is fixed, order the same to be sold by public auction: Provided that in case of foodgrains, the Collector may, for its equitable distribution and availability at fair prices, order the same to be sold through fair price shops at the price fixed by the Central Government or by the State Government, as the case may be, for the retail sale of such foodgrains to the public. (3) where any essential commodity is sold, as aforesaid, the sale proceeds thereof, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto, shall— (a) where no order or confiscation is ultimately passed by the Collector, (5) where an order passed on appeal under sub-section (/) of section 6C so requires, or . Ins. by Act 25 of 1966, s. 3 (w.e.f. 3-9-1966). . Section 6A renumbered as sub-section (/) thereof by Act 92 of 1976, s. 4 (w.e.f. 2-9-1976). . Subs. by Act 36 of 1967, s. 4, for “foodgrains, edible oilseeds or edible oils are seized” (w.e.f. 30-12-1967). . Subs. by Act 92 of 1976, s. 4, for “it may be produced without any unreasonable delay, before” (w.e.f. 2-9-1976). . Subs. by Act 36 of 1967, s. 4, for “food grains, edible oilseeds or edible oils are seized” (w.e.f. 30-12-1967). . Subs. by Act 92 of 1976, s. 4, for “if satisfied” (w.e.f. 2-9-1976). . Subs. by Act 30 of 1974, s. 4, for “may order confiscation of the essential commodity so seized” (w.e.f. 22-6-1974). . Ins. by Act 92 of 1976, s. 4. OADM BWNR 10 11 (c) where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under this section, the person concerned is acquitted, be paid to the owner thereof or the person from whom it is seized.] STATE AMENDMENT Uttar Pradesh Substitution of new section for section 6-A.—The following section shall be substituted, namely— "6A Confiscation of seized commodities,--(1) Where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, a report to that effect shall, without any unreasonable delay be sent to the Collector within whose jurisdiction the seizure is made, and the Collector may, if he thinks it expedient so to so, inspect or cause to be inspected such essential commodity, and whether or not a prosecution is instituted for the contravention of such order, the Collector, if satisfied that there has been contravention of the order, may order confiscation of- (a) the essential commodity so seized; (b) any package, covering or receptacle in which such essential commodity is found; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity: Provided that without prejudice to any action that may be taken under any other provision of this Act, no food grains or edible oilseeds seized in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized food grains or edible oilseeds have been produced by him, be confiscated under this section: Provided further that where any animal, vehicle, vessel or other conveyance is used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay in lieu of its confiscation a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried. (2) Where the Collector on receiving a report of seizure or on inspection of any essential commodity under sub-section (1) is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise expedient in the public interest so to so , he may order the same to be sold at the controlled price if any, fixed under any law for the time being in force; or where no such price is fixed by auction: Provided that, in the case of food grains where there is no controlled price, the Collector may order the food grains seized to be sold through fair price shops at the price fixed by the Central Government or the State Government as the case may be for the sale of such food grains to the public through these shops: Provided also that, whenever it is practicable so to so, having regard to the nature of the essential commodity, he shall take and preserve sample of the same before its sale or auction. (3) Where any essential commodity is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of the sale or auction, as the case may be, shall— (a) where no order of confiscation is ultimately passed by the Collector; or (b) where an order passed, on appeal under sub-clause (1) of section 6C so requires; or (c) in the case of a prosecution being instituted for the contravention of the order in respect of which an order of confiscation has been made under be paid to the owner thereof or the person from whom it is seized: Provided that, in the case of food grains sold through fair price shops in accordance with the first proviso to sub-section (2) the owner shall be paid for the food grains so sold the price fixed by the State Government, for retail sale of such food grains through such shops, less all expenses of sale or auction under sub-section (2)."] (c) where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under this section, the person concerned is acquitted, be paid to the owner thereof or the person from whom it is seized. ] STATE AMENDMENT Uttar Pradesh Substitution of new section for section 6-A.—The following section shall be substituted, namely— "6A Confiscation of seized commodities,--(1) Where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, a report to that effect shall, without any unreasonable delay be sent to the Collector within whose jurisdiction the seizure is made, and the Collector may, if he thinks it expedient so to so, inspect or cause to be inspected such essential commodity, and whether or not a prosecution is instituted for the contravention of such order, the Collector, if satisfied that there has been contravention of the order, may order confiscation of- (a) the essential commodity so seized; (b) any package, covering or receptacle in which such essential commodity is found; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity: Provided that without prejudice to any action that may be taken under any other provision of this Act, no food grains or edible oilseeds seized in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized food grains or edible oilseeds have been produced by him, be confiscated under this section: Provided further that where any animal, vehicle, vessel or other conveyance is used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay in lieu of its confiscation a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried. (2) Where the Collector on receiving a report of seizure or on inspection of any essential commodity under sub-section (1) is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise expedient in the public interest so to so , he may order the same to be sold at the controlled price if any, fixed under any law for the time being in force; or where no such price is fixed by auction: Provided that, in the case of food grains where there is no controlled price, the Collector may order the food grains seized to be sold through fair price shops at the price fixed by the Central Government or the State Government as the case may be for the sale of such food grains to the public through these shops: Provided also that, whenever it is practicable so to so, having regard to the nature of the essential commodity, he shall take and preserve sample of the same before its sale or auction. (3) Where any essential commodity is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of the sale or auction, as the case may be, shall— (a) where no order of confiscation is ultimately passed by the Collector; or (b) where an order passed, on appeal under sub-clause (1) of section 6C so requires; or (c) in the case of a prosecution being instituted for the contravention of the order in respect of which an order of confiscation has been made under be paid to the owner thereof or the person from whom it is seized: Provided that, in the case of food grains sold through fair price shops in accordance with the first proviso to sub-section (2) the owner shall be paid for the food grains so sold the price fixed by the State Government, for retail sale of such food grains through such shops, less all expenses of sale or auction under sub-section (2)."] 11 12 [Vide Uttar Pradesh Act 18 of 1975, s. 5] Substitution of sections 6-A and 6-C.—In the principal Act, for sections 6-A and 6-C as amended or substituted by the Uttar Pradesh Amendment, sections 6-A and 6-C respectively, as amended or substituted by the Central Amendment, shall be and be deemed with effect from the date of commencement of the Central Amendment to have been substituted. [Vide Uttar Pradesh Act XVI of 1978, s. 4]