Section 6B — Issue of show cause notice before confiscation of food grains, etc.

6B. Issue of show cause notice before confiscation of food grains, etc.―1[(1)] No order 

confiscating 2[any 3[essential commodity] package, covering, receptacle, animal, vehicle, vessel or 

other conveyance] shall be made under section 6A unless the owner of such 2[essential 

commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance) or the person 

from whom 4[it is seized]― 

(a) is given a notice in writing informing him of the grounds on which it is proposed to 

confiscate the 3[essential commodity] package, covering, receptacle, animal, vehicle, vessel or 

other conveyance]; 

(b) is given an opportunity of making a presentation in wiring within such reasonable time as 

may be specified in the notice against the ground of confiscation; and 

(c) is given a reasonable opportunity of being heard in the matter. 

5[(2) Without prejudice to the provisions of sub-section (1), no order confiscating any animal, 

vehicle, vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle 

vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the 

essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and 

the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had 

taken all reasonable and necessary precautions against such use.] 
6[(3) No order confiscating any essential commodity package, covering, receptacle, animal, 

vehicle, vessel or other conveyance shall be invalid merely by reason of any defect or irregularity in 

the notice, given under clause (a) of sub-section (1), if, in giving such notice, the provisions of that 

clause have been substantially complied with.] 

STATE AMENDMENT 

Uttar Pradesh 

Insertion of new section 6BB.—After section 6-B of the principal Act, the following section shall be 

inserted, namely:-- 

"6BB. Review.--(1) Where the Collector is satisfied that an order of confiscation or an order 

refusing confiscation made under section 6A suffers from a mistake apparent on the face of the 

record (including any mistake of law) he may within one month of such order issue notice to the 

owner of the essential commodity, package, covering, receptacle, animal, vehicle, vessel or other 

conveyance, or, as the case may be, the person from whom it was seized, to show cause why that 

order should not be reviewed, and after giving him a reasonable opportunity of being heard, pass 

such order on review as he thinks fit. 

(2) The provisions of sections 6C and 6D shall apply in relation to an order passed originally 

under section 6A." 
[Vide Uttar Pradesh Act 18 of 1975, s. 6]