1. Essential Commodities Act, 1955 R/W, special provisions Act, 1981

2. Introduction
As an introduction it has to be stated the Essential Commodities Act, 1955 will have the effect subject to the amendment made in section 3 to 11 by the Act of 1981.

3. Object
This is an to control the production, distribution and commerce in certain commodities specified in a notification.

4. Definition
Notified order – It means an order notified in official gusset.
Essential Commodity – A commodity specified in the schedule of this Act.

5. Section 2(A) – Declaration as an essential Commodity
This declaration will be made by the Central Govt. in consultation with state Govt. by the notification in the OG in public interest by including or deleting a commodity as Essential Commodity in the schedule. The period of declaration – 6 months – exentendable

6. Scheme of the Act
Section 3 – Power to control the matters of essential commodity. An order can be issued by the govt. by controlling the production or distribution of Essential Commodity so that it is available at a reasonable price by considering public interest. In presence of this order the govt. can regulate the commerce in this Commodity in various respect including its production.

7. This order of the Govt. may provide for the power of search and seizure in case of the violation of this Act or rules and launch prosecution.
Similarly as per this section the govt. can direct a person to make necessary arrangements with respect to production and hoarding of EC and such person will have to sell it to the Govt. either on controlled price, agreed price or market price as fixed by the govt.

8. Section- 7 Penalty
If any person contravenes any order made under section 3 shall be punished with imprisonment of 1 year and fine. The remaining clauses are for the punishment for the violation of section 2(A) and (B) [refer]

9. Section – 9 False Statement
The person who makes a statement or an information as per section 3 which is false or makes any false entry in book or records or declaration or return shall be punished with 5 years imprisonment and fine.

10. Section 10(A)
All offences under this Act are cognizable

11. Section 11- Cognizance of offence
The court shall take the cognizance of offence under this Act only on the report of a public servant or an aggrieved person or recognized consumer association.

12. Section – 12(A)Constitution of special court
This court will be constituted by the state govt. for the trial of offence under this Act and IO of this case will be Inspector and above

13. Section 12 (AA) – Trial of the case by the special court
All offences under this Act has to be tried by the special courts only. It can take the cognizance through the committal by the magistrate or direct cognizance. The bale can be granted only by the special court or high court. All offences under this Act has to be tries summarily and while trying so it can also try other offences committed in the same transaction

14. Section 14 – Burden of Proof in certain case
In case of the prosecution or violation section 3, the burden of proof shall be accused to establish that he has got permit or authority.

15. THANK YOU
GEORGE, SR.PP