Section 6A — Confiscation of essential commodity.

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[6A. Confiscation of essential commodity.― 

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[(1)] Where any 

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[essential commodity is 

seized] in pursuance of an order made under section 3 in relation thereto, 
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[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 
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[essential commodity is seized] and whether or not a prosecution is instituted for the 

contravention of such order, the Collector 
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[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 
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[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.]