The Essential Commodities (Special Provisions) Second Ordinance, 1998

~?-glo~-33004/98 :;,----- ~GISTERED ·No. DL-33004/98 ~ EXTRAORDINARY 'TTl'TII-~1 PART II-Section 1 ' • ~ ~ ~ PUBLI!:~-rno By AUTHORITY. - ? 11 ~ ~. ~. ~ 2, 1998 / t'i 12, 1919 No, 1] NEW DELHI, FRIDAY, JANUARY 2, 1998 / PAUSA 12, l9l9 - ~'lfll-qm~~~i5(TITTt~fcl;'"l{l~ -Wfjffi<fi'~'if~~ffl Separate paging is given to this Part in order that it, may be tiled as. a separate compilation . . MINISTRY OF LAW AND JUSTICE · . (Legislative Department) New Delhi, the 2nd January, 199&/Pausa 12, 1919 (Saka) THE ESSENI:IAL COMMODITIES (SPECIAL PROV .l::;ro~S) ' SECOND ORDINANCE, 1998 • • No. l OF 1998 Promulgated by the President in the Forty-eighth Year of the R~public of India. An Ordinan'-e to make certain special provisio'ns by way of amendments to the Essential Commoditi :.s Act, 1955, for a temporary period for dealing more effectively with persons indulging in hoarding and blackmarketing of, and profiteering in, essential commodities and for matters connected therewith or incid-:.ntal thereto. WHEREAS the f-;se,tial Commodities (Special Provisions) O,rdinanc..e. ;9q7 Wl\S . , promulgated by the President on the 3rd day of October, 1'997; ANo WHEREAS the House of the People has been dissol ".cd and the Council of States is not in session and the President is satisfied that circumstances exist which render it necessary for him to talce immediate action to give continued effect to the provisions of the said Ordinance· • ' Shon title and coml'DellCC .. meat Ac1 IOof 1955 to have effect subject to cenwn special provi.ions for a<cmpomry period. Amer.cbnent of 5CC1lon2. • • Amendment of section6A. Amendment of . .., section,. • , "..mendment of &-eaion 8. • 2 THE OAZE'l1E OF INDIA BXTRAOR~INARY . . Pt KMPI .... & lPART II-. ' 2 C S FL. • Ft - .. Now, THEREFORE. in exercise of the powers conferred by clau~e (/) o~ article J 23 of the Constitution, the President is pleased to promulgate the f ollow1ng Ordinance:--_ I. ( 1) This Ordinance J1i_y be caJled the Essential Commodities (SpecjaJ Provisions) Second Crdinance, I 998. (2) lt ;hall be deemed :o .1ave_ co.nc ::ito force o: J~e ~rd Ja~ o~ October, 1997 .. • tl ~r,..te" of Arunachai Pr'al-ist1, M1~oram and t. e Union temtor1es of Andaman e.x."'epl 1n 1e ~ -. ~ h d. d · and Nicobar Islands, Dadra and Nagar Haveli and Laks a weep; an 1n t~ese States and U • l rr'l"'ries on such date as the Central Government t,1ay, by notification in the n1on e 1 v • d t d"fti ~fficial Gazt-Lte, appoint and differe~t dates may be z;-po1~te ~r I erent States and Union territories, and ~ny reference to the commencement of .this Or~1nance or any provi(. thereof shall be constr,,ed in relation to each -State and Un1~n terr1.tory, as a reference, to the coming into force of this Ordinance in that State or Union territory. 2. 01. .. ;0g the period of operation of ~tis 01"':nance, the Essential Commodities Act, 1955 (hereinafter referred to as the principaJ Act) shaJJ have effect subject to the admendments specified in sections 3 to 11: • i>rovided that the amendments specified in sections 5 to JO shall not apply to, or in relation to, any offence under the pri~cipaJ Act committed before the commencement of :his Ordina·· --:e and the provisions of the principal Act shall apply to, and in relation to, such offences as if thos~ amendrr :nts had not been made. 3. In section 2 of the principal A~t,- ( a) clause (ia) shall be re-numbered as clause (iia), and before clause (iia) as • so re-numbered, the foJlowing clause shall be inserted, namely:.- '(ia) •-code'' means the Code of Criminal Procedure, 1973;•; and (b) after clause (e), the following clause shall be inserted, nameJy:- ''(JJ words and expressions used but not defined in this Act and defined in the Code sha]I have the meanings respectively assigned to them in that Code.". 4. In section 6A of the principal Act, tbr the proviso to sub~section (2), the following proviso shall be substituted, namely:- ''Pro\·;ded that in the case of any such essential commoi ty the retail sale price whereof has been fix.!d I:, y the Central Government or a State Governinent under this Act or under any other law for :he time being in force, 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 so fixed.". · · 5. In section 7 of the principal .\ct,­ - ( a) in ~Jb-sect:on (/), the proviso to sub~clause (ii) of clause (a) shaJI be omitted· ' . . (b) the proviso to sJb-section (2) shall he omit:ed; (c) the proviso to sub-section (2A) shalJ be omitted; (d) sub~section (2B) shall be omitted . 6. To sectioa1 8 of the principal A~t, the following proviso shall be added, namely::­ ''ITovi..;ecJ ~~t w11.!re a person has auetted the contravention of any order for the purpose v~ p.·ocur1ng any essential c~mmodity ~f the 'lature ,nentioned in sub-clause (iva) o~ sub-c_lause (•)of clause (a) of sec4,1011 2 for his own use or for the use of any member of has fa~1ly or for the ~se of any pe.·son depend~nt on him, and not for the purpose of carryini 011 any business or trade in such essential commodity, the court may, .. ' ·.- . - THE GAZF."JTE OF INDJ A EXTRAORDINARY 3 notwithstanding anything contained •·n . • . · · section 7 d r J·udgment, impose a sentence of fine on) ,, • • an 10r reasons to be m 1• ed . y. . en 100 m the 7. For section IOA of the princip 1 A a ct the foll • namely:- ' owing section shall be substitt.ted, "I oA: r,'otwithsianding a~ything c l . . . on amcd m the Cod under- c, every offence punishable (a) this Act shall be cognizable· ' (b~ this Act, except the offence pun· ·h bl sub-section (J) of section 7, shall be 18 8 . e under sub-clause (i) of claus,! (a) of non-ba1lable· • (c) sub-clause (i) of clause (a) f b . ' more than once, shall be non-baiiabl ~. su ·section U) of.section 7, if committed e .. 8. After section I OA of the princi 1 A namely:- pa ct, the following section shall be inserted, "IOAA. Notwithstanding anything cont • ed . • of an officer-in-charge of a police st f am m_ the Code, n: officer below the rank behalf in writing shall arr~st any pa ion or _any police officer authorised by him in this ' erson accused of co· ·11· f under this Act.". • • ,nmi mg an o fence punishable 9. Section 12 of the principal Act shall be omitted. 10. For section 12A of the principal Act th " 11· • ·• , e 10 owmg sections shall be substituted namely:- .. ,, . , '12A. (/) The ~late Governm~nt m_ay, ~or the purpose of providing speedy trial of the o_ffences under this Act, by notificat1on in the Official Gazette, constitute as many Sp~c1al ~ourts as may be necessary for such area or areas as may be specified in the nottficat1on. . (2) A Special Court shall con.;ist of a single judge who shall be appointed by the High Court upon a request made by the State Governm~nt. · . E.xplanation.-In this sub-section, the word "appoint" shall have lhe meaning given to it in the Explanation to section 9 of the Code: (3) A person shall not be qualified for appointment as a judge of a Special Court unless- (a) he is qualifi~ for appointment as a judge of a High Court, or (b) he has., for a period of not less than one year, been a Sessions Judge or ?n Additi::>nal Sessions Judge. I 2AA. ( /) Notwithstanding anything contained in the :Code,- (a) all offences under this Act shall be triable only by the Special Court constituted for the area in which the offence·has been committed or where there are more Special Courts than one for sue~ area, by such· one of then;i as may be specified in this behalf by the High Court; • (b) where a person accused of or suspected of the commission of a1. offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code, such.Magistrate may authorise the detention o~ such person in such custody as he thinks fi_t for a period not exceP-~ing fiftee? days in the whole where such Magistrate is a Judicial Magistrate and seven cfays an the whole where such Magistrate is an Executive Magistrate: Amendment of seC.::in I OA. Provision as to cogniz.ance and bail. Insertion of new section IOAA. Power to arrest. Omimon of section 12. Substitution of new section for section 12A. Co1L~titu1ion of Special Coun. Offences triable bySpec;n1 Courts. Appeallllld revision. 4 THE GAZETTE OF INDIA EXTRAORDINARY Provided (.at ·••here such Magistrate considers- h h per·on is fowardec to him as aforesaid; or (r) w en sue .s (ii) upon or at any time before the ext ;ry of the period of detention authorised by him; that the dete1tion of such person !s unnecessary, he may, if he is satisfi~d that tho case falls under the proviso to secuon 8, order the rekase of such (X'rson on bail and if he is not so satisfit!d, he shall order sl..:h JX,,·son to be forwarded to the Special Court having jurisdiction; (c) the Special Court may, subject to the provisions of clause (d), exercise, in relation to the preson forwarded to it under clause (~), the same p.ower which a Magistrate having jurisdiction to try a_ case may exercise under se1-,1on 167 of the Code in relation. to an accused person m such case who has been forwarded to him under that section; (d) save as aforesaid no person accused of .or suspected of the commission of an offence under this Act shall be released on bail by any court other than a special Court or the High Court; (e) a S,,ecial Court may, upon a,perusai of police repor: of t~e facts constituting an offence under this Act, tak.e , .::gnizance of that offence without the accused being committed 'to i, for trial; (j) all offences under this Act shatl be tried in a summary way and the provisions of sections 262 to 265 (both inclusive) of the Code shall, as far as may be, apply to such trial: ProviJed that in the case of any conviction in a summary trial under this section, it shall t,e Ia~;uJ for the Special Court to pass a sentence of imprisonment for a term not exceeding two years. (2) When trying an offence under t~is Act, a Special Court may also try an offence other than an offence under this Act, with wh;cti the accused may, under Lfte Code, be charged at the same trial: Provided that such otrer offence is, under any vther law for the time being in force, triable in a summary way: Provided further that in the case of any conviction for such other offence in such trial, it shall not be lawful for the Special Court to pass a sentence of imprisonment for a tenn exceeding the term provided for convictiop in a summary trial under such other law. (3) A S~c:ial Cl>urt may, with a view to vbtaining the evidence of any person suspected to i1c1ve been directly or indirectly concerned in, or privy to, an 01fence under this Act, ten<!er l1 par Jon to st:ch person on condition of his rr.:iking a full and true disclosure of the whole circum.aances within his :·nowledge rf'latin~ to the offence and to every other person c . 1cerned whether as principal ..,r abettor in the rommission thereof and any pardon so tenc!ewJ shall, for the purposes of sectiun 308 1.,f the Code, be deemed to have been tendered 1 .. 1Jer ~.ection 307 thereof. (4) Nothing contai:1ed in this section sh ill be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code and the High Court may exercise such powers in1..:uding the p J.ver under clau~e (b) of sub-section (/) of .!1a1 section as if !he reference to "Magistrate" in that !':ection i.,cluded aho a reference to a "Special Court" constituted under section 12A. l2AB. The High Court may exercise, ;o far as may be ar:>licable, all the powers c~nf~rrcd _by Cha~ters ;~XIX and XXX of the Code on a High Court, as if a Special Court w,t_hm the loc~I !tm11s of the jurisdiction of the High Court were a Court of Sessions trying cases wllhtn the local limits of the jurisdiction of the High Court. ~~)~I ======TH=E=G=A7EITE===O=F=IN:::D=IA=BXTRA==:::::::=O~R~OI~N~A;RY~=====S; t 2AC. Save as o~rwise provided in this Act, the provisions of the Code (including the provisions.as to bailfathncl bo~dds) sh~I~ apply to the proceedings before a Special Court d for the purposes O e sai provisions, the Special Court shall be deemed to be a an rt of Sessions and the person conducting a prosecution before a Special Court, shall Cou p bl ' Pr ' be deemed to be a u 1c osecutor .. 11. After section 15A of the principal Act, the following section shall be inserted namely:- "I5M. Notwithstanding anything contained in any other law, any prosecution in peel of any offence under the principal Act, committed during the period commencing res the 1st day of September, 1997, and ending with the date of commencement of this ~rdinance, shall be instituted only in the Special Court and any prosecution in respect of such offence pending in any court shall stand transferred to the Special Court.". 12. (1) The Essential Commodities (Special Provisions) Ordinance, 1997 is hereby repealed. (2) Notwithstanding such repeat, anything done or any action taken under the Principal Act, as amended by the said Ordinance so repealed, shall be deemed to have been done or taken under the principal Act, as amended by this Ordinance . . K.R. NARAYANAN, President. RAGHBIR SINGH, Secy. to the Govt. of India. MENT OF INDIA PRESS. (PLU), MINfO ROAD, PRINTED BY nre MANAGER, GOVE~NTROLLER OF PUBLICATIONS, DELHI - 1998 NEW DELHI AND PUBLISHED BY TIIE MGIP(PLU)MRND-411 SGl--3.1.98. · Applicali011 of Codc10 proceedings bcforeo Special Court. Insertion of new section !SAA. Tl'lllSfcrOf cases. Rcpeol and saving. I • l l I l I I