2
[6A. Confiscation of essential commodity.―
3
[(1)] Where any
4
[essential commodity is
seized] in pursuance of an order made under section 3 in relation thereto,
5
[a report of such seizure
1. Subs. by Act 66 of 1971, s. 3, for “the power to make orders under section 3” (w.e.f. 23-12-1971).
2. Ins. by Act 25 of 1966, s. 3 (w.e.f. 3-9-1966).
3. Section 6A renumbered as sub-section (1) thereof by Act 92 of 1976, s. 4 (w.e.f. 2-9-1976).
4. Subs. by Act 36 of 1967, s. 4, for “foodgrains, edible oilseeds or edible oils are seized” (w.e.f. 30-12-1967).
5. Subs. by Act 92 of 1976, s. 4, for “it may be produced without any unreasonable delay, before” (w.e.f. 2-9-1976).
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shall, without unreasonable delay, be made to] the Collector of the district or the Presidency town in
which such
1
[essential commodity is seized] and whether or not a prosecution is instituted for the
contravention of such order, the Collector
2
[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
3
[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 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:
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[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.]
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[(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 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,
(b) where an order passed on appeal under sub-section (1) of section 6C 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,
be paid to the owner thereof or the person from whom it is seized.]Source footnotes
Document extract. Section boundaries were matched to the arrangement of sections in the official source. Original formatting and footnote placement can differ; check the linked document.
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More sections of this act
Section 1 · Short title and extent.Section 2 · Definitions.Section 2A · Essential commodities declaration, etc.Section 3 · Powers to control production, supply, distribution, etc., of essential commodities.Section 4 · Imposition of duties on State Governments, etc.Section 5 · Delegation of powers.Section 6 · Effect of orders inconsistent with other enactments.Section 6B · Issue of show cause notice before confiscation of food grains, etc.India Code, Government of India. Text fetched 13 Oct 2026. Source metadata reports last modification: 2019-03-29. Check the linked official text and subsequent notifications when applying a provision.