The Gujarat Essential Commodities and Cattle (Control) Act, 2005

Extra No. yS REGISTERED No. G/GNR/2 

© 

\!tbe ®ujarat ®obernment ®a?ette 
EXTRAORDINARY 

PUBLISHED BY AUTHORITY 

Vol: XLVIj WEDNESDAY, MARCH 23, 2005/CAITRA 2, 1927 

Separate paging 1s given to this Part in order that it 1nay be filed as a Separate Compilation 

PART IV 

Acts of the Gujarat Legislature and Ordinances promulgated 
and regulations made by the Governor. 

The followiri'g Act of the Gujarat Legislature, having been assented to by the 
Governor on the 23rd March, 2005 is hereby published for general information. 

S.S. PARMAR, 

Secretary to the Government of Gujarat. 
I~cgislative a11d Parliamentary Affairs Depa1imcnt. 

GUJARAT ACT NO. 15 OF 2005. 

(First published, after having received the assent of the Ciove1nur 111 the 
"Guja1·a1 Goven1ment Gazette", on the 23rd ivfarch, 2005_)_ 

AN ACT 

to provide, in the interests of the general public, for the control and 
regulation of the production, n1oven1ent, supply and distribution of, a11d 
trade and commerce iI1 certain co1111noditics and the maintenance and 

1novement of cattle in the State of Gujarat. 

WHEREAS it is expedient to provide, in the interest of the general 
public, for the control and regulation of the production, n1oven1ent, supply 
and distributio11 of certain co1nmodit1es essential to the life of the 
co1nmunity a11d for the control and regulation of trade and con1merce 
therein, and for the maintenance, licensing and movement of cattle, and tl1c 
licensing of dealers in such com1noditics and cattle, and for certain other 
purposes; 

lV-Ex-15-1 15-1 



15-2 GUJARAT GOVERNMENT GAZETTE EX-23-3-05 [PART-IV 

Short title and 
extent. 

Definitions. 

Amendment 
of Schedule. 

Po\vers to 
control 

production, 
supply, 

distribution, 
etc. 

It is hereby enacted in the Fifty-sixth Year of the Republic of India 
as follows :-

1. (1) This Act may be called the Gujarat Essential Commodities and 
Cattle (Control) Act, 2005. 

(2) It extents to the whole of the State of Gujarat. 

2. In this Act, unless the context otherwise requires, -

(a) "cattle" means any of the animals specified m Part II of the 
Schedule; 

(b) "essential commodity" means a comn1odity specified in Part I of 
the Scl1edule; 

(c) "notified order" 1neans an or<ler notified in the Official Gazette. 

3. 'fhe State Govem1ne11t may, by notification in the Official Gazette, 
direct additions to, or omissions from, either or both Parts of the Schedule 
whether generally, or with reference to any particular area specified in the 
notification, and the Schedule shall, on the issue of the notification, be 
deemed to be amended accordingly. 

4. {l) If the State Governn1ent is of opinion that it is necessary or 
expedie11t so to do for inaintaining or increasii1g the supply, or fOr securi11g 
the equitable distribution and availability at fair prices, of an~y essential 
commodity or cattle, it may, by order provide -

(a) for regulating or prohibiting the production, supply and 
distribution of, or trade and con1merce in, such essential 
conm1odity, 

(b) for regulating or prohibiting tnovement, supply and distribution 
of or trade and commerce in, or for regulating the maintenance 
of cattle. -

(2) Without prejudice to the generality of the po\vers co11ferred by sub-
section {l), an order 1nadc thereunder n1ay provl(ie -

(a) for regulating licence, petmit or otherwise the production or 
manufacture of any essential commodity; 

(b) for regulating by licence, pennit or other.vise the storage, 
n1ove1ncnt, transport, distribution, disposal, acquisition, use or 
consu1nption of any essential co1n1nodity; 



PART-IV] GUJARAT GOVERNMENT GAZETTE EX-23-3-05 15-3 

(c) for prohibiting the withholding from sale of any essential 
commodity ordinarily kept for sale; 

(d) for requiring any person holding in stock any essential 
commodity to sell the whole or a specified part, of the stock at 
such price to the Government or to an officer or agent, of such 
Govenunent or to such other person or class of persons, and in 
such circumstances, as may be specified in the order; 

(e) for controlling the price at which any essential commodity or 
cattle may be brought or sold; 

(t) for regulating by licence, permit or otherwise, the movement, 
transport, distribution, disposal, acquisition, use and keeping of 
cattle; 

(g) for collecting any information or statistics with a view to 
regulating or prohibiting any of the matters aforesaid; 

(h) for requiring persons engaged in the production, supply or 
distribution of, or trade or commerce in, any essential 
commodity or cattle to maintain and produce for inspection such 
books, accounts and records, relating to tl1eir bltsiness and to 
furnish such inforn1ation relating thereto, as may be specified in 
the order; 

(i) for requ)1ing owners as well as persons in charge of cattle to 
tnaintain and produce for inspection, Sltch books, accounts and 
records relating to the number of cattle O\vncd, controlled and 
n1aintained by then1 as may be specified in the order; 

(j) for any incide11tal and supple1nentary matters, including in 
particular the e11tering and search of pretnises, vehicles and 
vessels, the seiz11rc l1y a 11crson autho1ised to n1ake such search 
of any articles in respect of \Vhich sucl1 person has reason to 
believe that a contravention of the order has been, is being or is 
about to be corri.tnittecl, and of any vehicle, vessel or ani.mai 
which he l1as reason to believe has been, is being or is about to 
be used for carrying such articles, the grant or issue of licences, 
permits or other doct1ments, and the charging of fees therefor. 

(3) Where any person sells any essential commodity in compliance V.'1th 
an order made V.'ith reference to clause ( d) of sub-section (2), there shall be 
paid to him the price therefor as hereinafter provided:-

(a) \.Vhere the price can consistently with the controlled price, if any, 
fixed under this section, be agreed upon, the agreed price; 

(b) where no such agreetnent can be reached, the price calculated 
with reference to such controlled price, if any; 

(c) where neither claltse (a) 11or clause (b) applies, the price 
calculated at the 1narket rate prevailing in the locality at the date 
of sale. 



15-4 GUJARAT GOVERNMENT GAZETTE EX-23-3-05 [PART-IV 

Publication 
and service of 
orders. 

Delegation of 
po\vers. 

Effects of orders 
inconsistent \Vith 
other enactment. 

Ordinary 
avocations of life to 

be interfered \Vith 
as little as possible. 

Penalties. 

5. 

(a) 

(b) 

( 1) An order made under section 4 shall -

if it is an order of a general nature or affecting a class of persons, 
be notified in the Official Gazette; 
if it is an order affecting an individual corporation or firm, be 
served in the manner provided for the service of a summons in 
Rule 2 of Order XXIX or, as the case may be, rule 3 of Order 
XXX in the "First Schedule of the Code of Civil Procedure, 1908; 

(c) if it is an order affecting .an individual person other than a 
corporation or firm, be served on the person -

(i) personally, by delivering or tendering to him the order, or 
(ii) by post, or 

(iii) where the person cannot be found, by leaving an 
authentic copy of the order with some adult n1ale 
member of his family or by affixing such copy to some 
conspicuous part of the premises ii1 which he is known to 
have last resided or carried on business or worked for 
gain and a written report of such affixing shall be 
prepared and \Vitnessed by t\vo persons living in the 
neighborhood. 

' (2) Where a question atises whether a person \Vas duly informed of au 
order 1nadc in pursuance of section 4, compliance with the requirements of 
sub-section (1) shall be conclusive proof that he \Vas so infonned, but 
tai\ure to cotnply witl1 t11e said rcquirc1nents shall not preclude proof by 
other n1eans that he was so info.1.mcd or <1ffect the validity of the order. 

6. The State Goven1n1enl 1nay, by notified order, direct that the po\vcr 
to n1ake orders under sectio11 4 shall be exercisable also by such officer or 
authority and in relation to such inatters ai1d subject to such conditions, if 
any, as may be specified in the order. 

7. Any order n1ade or dee1ncd to be n1ade under section 4 shall have 
effect not\vithstandi11g anything inconsistent there\vith contained in any 
enachnent other than this Act, or any instrument having effect by vi1iue of 
any enachnent other than this Act. 

8. Any authority or person acting in pursuance of this Act shall 
interfere with the ordinary avocations of life and the enjoyinent of property 
as little as may be consonant \Vith the general interest of the public. 

9. ( 1) If a11y person contravenes any order made or dce1ned to be made 
under section 4, shall on conviction be punished, -

Vofl908. 



PART-IV] GUJARAT GOVERNMENT GAZETTE EX-23-3-05 15-5 

(i) in the case of an order made \Vith reference to clause (g), (h) or 
(i) of sub-section (2) of that section, with imprisonment for a 
tenn which may extend to one yeai and shall also be liable to 
fine; 

(ii) in the case of any other order, with imprisonment for a term 
which may extend to three years and shall also be liable to 
fine: 

Provided that if the court is of opinion that a sentence of fine only 
will meet the ends of justice, it may, for reasons to be recorded, refrain 
from imposing a sentence of imprisonment. 

(2) Any Court trying the contravention of an order n1ay direct that any 
property in respect of which the Court is satisfied that the order has been 
contravened, and any vehicle, vessel or animal which the Court is satisfied 
has been used with the knowledge of the person having the control thereof 
for carrying such property, shall be forfeited to Government : 

Provided that if the court is of opinion that it is not necessary to 
direct forfeiture in respect of the \Vl1ole or, as the case n1ay be, any part of 
the property, it may, for reasons to be recorded, refrain fro111 doing so. 

10. Any person who attempts to contravene, or abets a contravention of, Attempts and 
any order tnade or deemed to be 1nade under section ,4, sl1all be deemed to abetment. 
have contravened that order. 

11. If any person -

(i) \Vhen required by any order made or deemed to be 1nade under 
section 4 to make any statement or fumisl1 any 1nfo11nation, 
1nakes arl)' statement or furnishes any information \vhich is f(l\sc 
in any material particular, and which he kno\VS or has reasonable 
cause to belie\'C to be false, or does not believe to be true, or 

(ii) 1nakcs any such statement as aforesaid in any book, account, 
record, declaration, return or other document \vhich he is 
required by any such order to nlaintain or furnish, 

he shall, on conviction, be punished with imprisonment for a term 
\Vhich may extend to three years, or with fine, or \Vith both. 

J:'alse 
staten1ents. 

12. ( l) If the person contravening an order made or deemed to be 1nade Offences by 
under section ,4 is a company, every person \vl10 at the time the companies. 

contravention was committed, \Vas in charge of, and was responsible to the 
company for the conduct of the business of t11e compa11y, as \veJl as the 
company, shall be deemed to be guilty of the contravention and shall be 
liable to be proceeded against and punished accordingly : 



15-6 GUJARAT GOVERNMENT GAZETTE EX-23-3-05 [PART-IV 

Cognisance of 
offences and 
co1nposition 

thereof. 

Special 
provision 

regarding fine. 

Provided that nothing contained in this sub~section shall render any 
such person liable to any punishment if he proves that the contravention 
took place without his knowledge or that he exercised all due diligence to 
prevent such contravention. 

(2) Notwithstanding anythi11g contained in sub-section (1), where an 
offence under this Act has been committed by a company and it is proved 
that tJ1e offence has been committed with the consent or connivance of, or is 
attributable to any neglect on the part of any director, manager, secretary or 
other officer of the company, such director, manager, secretary, or other 
officer shall also be deemed to be guilty of that offence and shall be liable 
to be proceeded against and punished accordingly. 

Explanation.- For the purposes of this section, 

(a) "company" means any body corporate and includes firm or other 
association of individuals; and 

(b) "director" in rclatio11 to a fir1n means a parlner in the firm. 

13. (1) 1\To Court shall take cognisance of any offence punishable under 
thi_s Act except on a report in writing of the facts constituting such offerice 
1nade by the person aggrieved by such offence or by a person who 1s a 
public servant as defined in section 21 of the Indian Penal Code. 

(2) Tl1e public servant aforesaid 1nay, either before or after the 
institution of any proceedings for any offence punishable under this Act, 
accept fron1 ai1y person charged \\'ith such offence by \vay of con1position 
of the offence a sutn of 1noney not exceeding one thousand rupees, and 
d1tect the release of any property \vhich has been seized as liable to 
forfeiture under this Act on payn1cnt of the value thereof ns csti1nared hy· 
hi1n. 

(3) On payment by such person of such sun1 of money, or such value or 
both, as the case n1ay be, such person if in custody shall be set at liberty and 
if any proceedi11gs have been instituted against such person in any cri1n1nal 
court, the con1positiun shall he deemed to atnount to an acquittal and in no 
case shall any further proceedings he taken against such person or property 
in respect of the sa1ne offence. 

14. Not\vithstanding anything conta1ned in section 32 of the Code of 
Crin1inal Procedure, ! 973, it shall be \a\vful for any Magistrate of the first 
class specially empo,vered by the State Goverrni1cnt 111 this behalf to pass a 
sentence of fine exceeding the pecnniary lin1it specified in that section as in 
force in any part of the State on any person convicted of contravening any 
order n1adc or dcc1ned to be n1ade under section 4. 

XLVof 
1860. 

2ofl974. 



' . . 
PART-JV] GUJARAT GOVERNMENT GAZETTE )iX-23,3-05 t 5-7 

I of1811-

2 of 1974. 

I XI! of 1958. 

X of 1955. 

15. Where an order purports to have been made and signed by an 
authority in exercise of any power conferred by or under this' Act, a coUrt 
shall presu1ne that such order \vas sv made by that authority \Vithin the 
meaning of the lndim1 Evidence /\ct, 1872. 

16. Where a person is prosecuted for contravening any order made or 
deemed to be made under section 4 which prohibits him from doing any act 
or being in possession of a thing without lawful authority or \Vithout a 
permit, licence or other document, the burden of proving that he has such 
authority, permit, licence or other docur-ient shall be on him. 

17. Any Magistrate or Bencl1 of Magistrates en1pov.,rcrcd fer the time 
being to try in a summary way the offences specified in sub-section (1) of 
sectior. 260 of tl1e Code of Criminal Procedure, 1973, may, on application 
in t11is behalf being made by the prosecution, try in accordance with the 
provisions contained in sections 262 to 265 of the sait; Code any offence 
punishable under this Act. 

18. (1) No suit, prosecution or other legal proceeding shall lie against 
any person for anything \vhich is in good faith done or intended to he done 
in pursuance of any order made or deemed to be made under section 4. 

(2) No suit or other legal proccedi11g shall lie against the Govem_ment 
for any damage caused or likely to be caused by anything which is in good 
faith done or intended to be done in pursuance of any order made or deemed 
to be n1ade under section 4. 

19. 'l'he State Govcrillncnt n1ay-, by notification in the Official Gazette 
and subject to the condition of previous publicatio11, n1ake rules for carrying 
out the purposes o/"th1s Act. 

20. (1) The Bon1bay Essential Comn1odities and Cattle (C'.ontrol) Act, 
1958 is hereby repealed. 

(2) NotV·iithstanchng such repeal of the said Act, anything done or any 
action taken (including any rule or order n1ade, notification issued or 
appoinhne11t 1nade) by or under the said Act shall, in so far as it is not 
inconsistent \Vith the provisions of this Act, be dccn1ed to have been made 
or taken by or under this Act and shall continue in force until superceded by 
anything done or any action taken under the provisions of this Act 

21. Nothi11g in this Act shall apply to any conimodity or class of 
co1nn1odities \Vhich is an essential commodity, or \vhicl1 is declared to be an 
essential comn1odity, under the Essential Con1modities Act, 1955, and if 
any comn1odity included tn Part I of the Schedule is declared to be an 
essential con11nodity under that Act, then on such declaration, this Act shall 

C:\GAZ\Part-IV\P-1\'.Ex· ! 5-Guj.ESSENTIAL C~O!'v1M. 1\ND CATTLE.doc PC'-5 

Presumption as 
to order. 

Burden of 
proofs in 
certain cases. 

l'ower to try 
crfence 
sum1narily. 

Protection of 
action taken in 
good faith. 

Po\ver to make 
rules. 

Repeal and 
savings. 

Act not to 
appl~ to 
essential 
co1nn1odity 
dealt \Vith by 
Act X of 1955. 



15-8 GUJARAT GOVERNMENT GAZETTE EX,23-3-05 [PART-IV 

cease to apply thereto except as respects things done or omitted to be done 
before such declaration. 

SCHEDULE 

PART I 

ESSENTIAL COMMODITIES 

l. Bricks used for building ptirposes. 

PART II 

CATTLE 

l. Bulls 5. Calves 

2. Bullocks 6. Buffaloes 

3. CO\VS 7. Goats 

4. Heifers 8. Sheep 

GOVERN1VIENT C:ENTR1\L PRESS, (;ANDHINAGAR.