Discuss the powers of the Central Government on fixing the price under Essential Commodities Act, 1955 during an emergency.

CS Executive · Economic, Business and Commercial Laws · PYQS · June 2024
Discuss the powers of the Central Government on fixing the price under Essential Commodities Act, 1955 during an emergency.

Answer & Explanation:

Section 3(3) of the Essential Commodities Act, 1955 vests powers in Central Government to deal with the pricing of the essential commodities particularly when the commodities are being sold to Central/State Government in compliance of order under clause (f) of Subsection (2) of Section 3. In such a case, the price shall be paid as provided hereunder: the agreed price, where the price can be agreed upon consistently with the controlled price fixed under this section; controlled price: where no such agreement can be reached, the price calculated with reference to controlled price; the price calculated at the market rate prevailing in the locality on the date of sale, where neither clause nor clause (b) applies Section 3(3A) (i) of the Essential Commodities Act, 1955 is in the nature of an emergency provision and can be resorted to meet a situation arising at a particular locality. It empowers the Central Government to direct the price at which the foodstuffs in any locality will be sold to general public. This direction will be issued only when the Central Government is of the opinion that takings such step is necessary for controlling price rise or preventing the hoarding of any foodstuff in any locality. The notification issued by the Government to the above effect shall be in force for 3 months only as may be specified therein as per sub-section (3A) (ii). Further, for selling specified foodstuffs in the specified locality, the seller shall be paid price therefor as follows: agreed price, when the price can be agreed upon consistently with the controlled price fixed under this sub-section; or the controlled price, when no such agreement can be reached at as stated above, or the market rate price as per the prevailing market rate in the locality at the date of sale where neither of the above clause (a) or (b) apply.

Topics: Essential Commodities Act, 1955

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