Discuss the law and procedure regarding sale of the confiscated commodity and disposal of sale proceeds of confiscated goods under the Essential Commodities Act, 1955.
CS Executive · Economic and Commercial Laws · PYQS · December 2020
Discuss the law and procedure regarding sale of the confiscated commodity and disposal of sale proceeds of confiscated goods under the Essential Commodities Act, 1955.
Answer & Explanation:
Section 6A(2) of the Essential Commodities Act, 1955 provides that 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 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; (ii) where no such price is fixed, order the same to be sold by public auction. Provided that in case of food grains, the collector may, for its equitable distribution arid 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 food grains to the public. In terms of Section 6A(3) of the Essential Commodities Act, 1955, the sale proceeds of the essential commodity sold, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto shall be paid to the owner or person from whom it is seized in the following circumstances: (a) where no order of confiscation is ultimately passed by the Collector; (b) where an order passed on appeal under Section 6C(1) so requires, or (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.
Topics: Essential Commodities Act
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