THE ODISHA ESSENTIAL ARTICLES CONTROL AND REQUISITIONING (TEMPORARY POWERS) ACT,1955

Orissa Act No. 7 OF 1955

*THE  ORISSA ESSENTIAL ARTICLES

CONTROL AND REQUISITIONING

(TEMPORARY POWERS) ACT 1955

[Received the assent of the President on the 5th June 1955, first published in an

extraordinary issue of the Orissa Gazette, dated the 18th June I955 ]

AN ACT T0 PROVIDE FOR THE CONTIINUANCE DURING A LIMITED

PERIOD OF POWERS TO CONTROL THE PRODUCTION,

PROCESSING, SUPPLY, DISTRIBUTION, TRANSPORT

AND PRICES OF ESSENTIAL  ARTICLES AND TRAD

 AND COMMERCE THEREIN AND REQUISITIONING

OF PROPERTY

WHEREAS it is expedient to provide for the continuance during a limited

period of powers to control the production, processing, supply, distribution,

transport and prices of eesential articles and of trade and commerce therein and

for requisitioning of property ;

It is hereby enacted by the Legislature of the State of Orissa in the Sixth

Year of the Republic of India, as follows :-

1. Short title, extent, commencement and duration:-  (1) This Act

maybe called the Orissa Essential  Articles Control and Requisitioning (Temporary

Powers) Act, 1955.

(2) It extends to the whole of the State of Orissa,

(3) It shall come into force at onoe.

(4) It shall cease to have effect on the 1[26th day of January 2[1963]] except

as respects things done or omitted to be done before the expiration thereof and

section 5 of the Orissa General Clauses Act, 1937, (Orissa Act 1 of 1937) shall

apply upon the expiry of this Act as if it had then been repealed by an Orissa Act.

* For Statement of Objects and Reasons, see Orissa Gazette Extraordinary. Dated.

18.06.1955.

1. Substituted vide Act Orissa 32 of 1956

2. Substituted vide Act Orissa 3 of 1960

The Odisha   Gazette
EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. Date : 18th June I955



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2. Definations :- In this Act, unless there is anything repugnant in the

subject or context-

(a) “essential articles” means any of the articles which is specified in the

Schedule to this Act and any other article which may be declared by the State

Government by notified order to be an essential article;

(b) “notified order ” means an order notified in the Gazette ;

(c) “ undertaking " means any undertaking by way of any trade or business

and includes the occupation of handling, loading or unloading goods in the course

of transport.

3.Power to control production, processing, supply, distribution,
transport and prices of essential articles :-  (1) The State Government, so far

as it appears to them to be necessary or expedient for maintaining, increasing or

securing supplies of essential articles or for arranging for their equitable distribution

and availability at fair prices or for directing, maintaining, or increasing the

production of any essential article, may, by notified order, provide for regulating

or prohibiting the production, supply, distribution and transport of essential articles

and trade and commerce therein.

(2) Without prejudice to the generality of the powers conferred by sub-

section (1), any order made thereunder may provide-

(a) for regulating by licences, permits or otherwise the production or

manufacture of any essential articles ;

(b) for controlling the prices at which my essential article may be bought

or sold ;

(c) for prohibiting or regulating by licences permits or otherwise the

storage, distribution, transport, disposal, acquisition, use or

consumption of any essential article ;

(d) for prohibiting the withholding from sale of any essential article

ordinarily kept for sale ;

(e) for requiring any person holding stocks of an essential article to sell

them at fair prices to specified persons or class of persons or in

specified circumstances;

(f) for regulating or prohibiting "any class of commercial or financial

transactions relating to any essential article, whichin the opinion of

the State Government are, or if unregulated, are likely to be detrimental

to the public interest;

(g) for collecting any information or statistics with a view to regulating

or prohibiting any of the aforesaid matters ;

(h) for requiring persons engaged in the production, supply or distribution

of or trade or commerce in any essential articles to declare their

stocks of essential articles, to maintain and allow inspection of or

produce for inspection any books, account and records relating to

their business and to furnish any other information relating thereto ;



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(i) for regulating the processing of my essential article ;

(j) for exercising over the whole or any part of an existing undertaking

such functions of control and subject to such conditions, as may

be specified in the order ;

(k) for any incidental and supplementary matters including in particular

the entering and search of premises, vehicles, vessels and aircraft,

the seizure by a person authorised to make such search of any

article in respect of which such person has reason to believe that a

contravention of the order has been, is being or is about to be

committed, the grant or issue of licences, permits or other

documents, and the charging of fees therefor.

4. Power of requisitioning and aquisition :- (1) If in the opinion of the

State Government it is necessary or expedient so to do for maintaining increasing

or securing supplies of any essential article or for arranging for its equitable

distribution and availability at fair prices or for directing, maintaining or increasing

the production of any essential article, the State Government may, by order in

writing requisition any property, movable or immovable, and may make such

further orders as appear to them to be necessary or expedient in connection with

such requisitioning :

Provided that no property used for the purpose of religious worship shall

be requisitioned under this seetion:

Provided further that buildings solely used for residential purposes shall

not ordinarily be requisitioned.

(2) Where the State Govemmnnt have requisitioned any property under

sub-section (1), they may use or deal with the property in such manner as may

appear to them to be expedient and may acquire it by serving on the owner

thereof, or where the owner is not readily traceable or the ownership is in dispute,

by publishing in the Gazette, a notice stating that the State Government have

decided to acquire it in pursuance of this section.

(3)  Where anotice of acquisition is served on the owner of the property or

is published in the Gazette under sub-section (2), then, at the beginning of the

day on which the notice is so served or published, the property shall vest absolutely

in the State Government free from all encumbrances and the period of requisition

thereof shall end.

5. Payment of compensation :- (1) Whenever in pursuance of section 4

any movable or immovable property is requisitioned or acquired, there shall be

paid compensation determined in the manner and in accordance with the principles

hereinafter set out, that is to say-

(a) where the amount of compensation can the fixed by agreement, it

shall be paid in accordance with such agreement ;

(b) where no such agreement can be reached, the State Government

shall appoint, as arbitrator, the Distriet Judge or Subordinate Judge

having jurisdiction over the area in which the movable property is



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requisitioned or acquired or in which the immovable property is

situated ;

(c) at the commencement of the proceedings before the arbitrator, the

State Government and the person to be compensated shall state

what in their respective opinions is at fair amount of compensation;

(d) the arbitrator in making his award shall have regard-

(i) in the ease of movable property, to its market value;

(ii) in the case of immoveble property, to the provisions of sub-

section (1) of section 23 of the Land Acquisition Act 1894,(Act

1 of 1894) so far as the same can be made applicable and to

the fact whether the acquisition is of a permenent or temporary

character :

Provided that where any property requisitioned is subsequently acquired,

the arbitrator, in any proceedings in connection with such acquisition shall, for

the purposes of this clause, take into consideration the market value of the

property at the date of the requisition as aforesaid and not at the date of the

subsequent acquisition.

(e) an appeal shall lie to the High Court against the award of an arbitrator

where the amount of the award is two thousand rupees and above;

Explanation- ln the case of periodical payments, the amount of the award

for the purposes of this clause shall be eomputed at five times the amount payable

for one year.

(f) save as provided in this sention and in any rules made under this

Act, nothing in any law for the time being in force relating to arbitration

shall apply to arbitrations under this section.

(2) The State Government may, with a view to requisitioning or acquiring

any property under section 4, by order-

(a) require any person to furnish to such authority as may be specified

in the order such information in his possesion relating to the property

as may be so specified ;

(b) direct that the owner, occupier or person in possession of the

property shall not, without the permission of the State Government

dispose of it or where the property is a building, structurally alter it

or where the property is movable, remove it from the premises in

which it is kept, until the expiry of such period as may be specified

in the order.

6. Release from requisition:- (1) Where any property requisitioned under

this Act, is to be released from such requisition, the State Government or any

person generally or specially authorised by them in this behalf may, after such

enquiry,if any, as they or he may in any case consider it necessary to make or

cause to be made, specify by order in writing the person to whom possession of

the property shall be given.



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(2) The delivery of possession of the property to the person specified in an

order under sub-section (1) shall he a full discharge of the State Government

from all liabilities in respect of the property, but shall not prejudice any rights in

respect of the property, which, any other person may be entitled by a due process

of law to enforce against the person to whom possession of the property is given.

7.Delegation of power:- (1) The State Government may, by notified order,

authorise any officer or authority subordinate to the State Government, to exercise

any one or more of the powers vested in them by or under this Act, except the

power mentioned in section 17, in relation to such matters and subject to such

restrictions and conditions, if any, a may be specified in the order.

(2) The exercise of the powers delegated under sub-section (1) shall be

subject to control and revision by the State Government or by such persons as

may be empowered by them in that behalf. The State Government shall also

halve power to control and revise the acts or proceedings of any persons so

empowered.

8. Effect of orders in consistent with other enactment:- Any order

made under section 3 or section 4 shall have effect notwithstanding anything in

consistent therewith contsined in any enactment other than this Act or in any

instrument having effect by virtue of any enactment other than this Act.

9. Mode of publication:- (1) Every authority or officer who makes any

order in writing in pursuance of any of the provisions of this Act shall, in the case

of an order of a general nature affecting a class of persons, publish such order by

a notification in such manner as may, in the opinion of such authority or officer,

be best suited for informing the persons whom the order concerns. Where the

order is not of s general nature, the authority or officer may serve the order or

cause it to be served on the persons concerned -

(a) personally by delivering or tendering him the order ; or

(b) by sending him an authenticated copy of the order by post ; or

(c) where the person can not be found, by leaving an authenticated

copy of the order with some adult male member of his family or by

affixing it to any part of the premises in which he is known to have

last resided or carried on business or personally worked for gain.

(2) Where any provision of this Act empowers an authority or officer to

take action by notified order, the provisions of sub-section (I) shall not apply in

relation to such order.

10. Penalties:- (1) If any person contravenes any order made under section

3 or section 4, he shall be punishable with imprisonment for at term which may

extend to three years or with fine or with both ; and, if the order so provides, any

Court trying such contravention may direct that any property in respect of which

the Court is satisfied that the order has been contravened shall be forfeited to the

State Government :

Provided that where the contravention is of an order relating to an essential



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article which contains an express provision in this behalf, the Court shall make

such direction, unless for reason to be recorded in writing, it is of opinion that the

direction should not be made in respect of the whole or, as the case may be, a

part of the property.

(2) Where any essential article is seized under the authority of an order

made under this Act and such order provides for the forfeiture of the article in

respect of which the order has been contravened, such forfeiture may whether or

not any prosecution is instituted for a contravention of the order, be adjusted by

the Collector of the district in which the seizure was made, and any forfeiture so

adjudged shall, subject only to an appeal which shall lie to the State Government,

be final:

Provided that an adjudication of forfeiture under sub-section shall be no

bar to the prosecution, or punishment of any person under sub-section (1)-

(3) Notwithstanding anything contained in section 32 of the Code of Criminal

Procedure, 1898 (Act V of 1898), it shall be lawful for any Magistrate of the first

class specially empowered by the State Govermnent in this behalf to pass  a

sentence of fine exceeding one thousand rupees on any person convicted of

contravening an order made under this Act.

(4) If any person to whom any provision of any order made under this Act

relates, or to whom any such provision is addressed or who is in occupation,

possession or control of any land, building, vehicle, vessel or other thing to which

such provision relates -

(a) fails, without lawful authority or excuse, himself or in respect of any

land, building, vehicle, vesel or other thing of which he is in

occupation, possession or control to comply, or to secure

compliance, with such provision ; or

(b) evades, or attempts to evade, by any means, such provision, he

shall be deemed to have contravened such provision ; and in this

Act, the expression “contravention” with its gramatioal variations

includes any such failure, evasion or attempt to evade.

11. Abbetment and assistance of contravensions:- Any person who

attempts to contravene or abets or attempts to abet or does any act preparatory

to a contravention of an order made under the provisions of this Act shall be

deemed to have contravened the order; and any person who knowing or having

reasonable cause to believe that any other person is contravening any order

made under any of the provisions of this Act, gives that other person any

assistance with intent thereby to prevent, hinder or otherwise interfere with his

arrest, trial or punishment for the said contravention, shall also be deemed to

have contravened the order.

12. Offences by corporations :- If the person who contravenes or is

deemed to contravene an order made under section 3 or section 4 is a company

or other body corporate, every director, manager, secretary or other officer or

agent thereof shall, unless he proves that the contravention took place without

his knowledge or that he exercised all due diligence to prevent such contravention,



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be deemed to be guilty of such contravention.

13. Cognizance of offences:-  No Court shall take cognizance of any

offence punishable under this Act except on a report in writing of the feet constituting

such offence made by a person who is a public servant as defined in section 21

of the Indian Penal Code (XLV of 1860).

14. Burden of proof:- Where any person is prosecuted for contravening

any order made under this Act which prohibits him from doing an act or being in

possession of a thing without lawful authority or excuse or without a permit,

licence, certificate or permission, the burden of proof that he has such authority

or excuse or, as the case may be, the requisite permit, licence, certificate or

permission shall be on him.

15. Savings to orders:- (1) No Court,shall, in any Suit in which the validity

of an order issued or action taken under this Act is in question, have power to

issue any injunction whether permanent or temporary, so as to restrain the State

Government or any authority or officer empowered by or under this Act from

executing or carrying out any order passed by them or by him under this Act, or

in any way interfere with or affect such order.

Nothing contained in this section shall be deemed to prevent the Court

from granting in the suit any relief by way of compensation to which the party

may be entitled.

(2) Where an order purports to have been made and signed by any authority

in exercise of any power conferred by or under this Act, a Court shall, within the

meaning of the Indian Evidence Act, 1872,(Act 1 of 1872) presume that such

order was so made by that authority.

16.Protection of action taken under this Act:- (1) No suit, prosecution

or other legal preoeeding shall lie against any person for anything which is in

good faith done or intended to be done in pursuance of any order made under

section 3 or section 4.

(2) No suit or other legal proceeding shall lie  against the State Government

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 under section 3 or

section 4.

17.Power to make rules:- (1) The State Government may by notification,

make rules for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing

power, such rules may provide for-

(a) the procedure to be followed in arbitration under this Act ; and

(b) the principles to be followed in apportioning costs of proceedings

before the arbitrator and on appeal.

18. Savings:- Notwithstanding anything in any law or any judgment, decree

or order of any court-

(a) the Orissa Essential Articles Control and Requisitioning (Temporary



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Powers) Act, 1950 shall be deemed to have been validly amended

and continued in force by the Orissa Essential Articles Control and

Requisitioning (Temporary Powers) (Amendment) Act, 1952 and

the Orisse Essential Articles Control and Requisitioning (Temporary

Powers) (Amendment) Ordinance, 1955 ; and

(b) for the removal of doubts it is hereby declared that all rules, orders

or appointments made, licences or permits granted, things done

and directions issued or purporting to have been so made, granted,

done or issued under the aforesaid enactments shall be deemed to

have been validiy made, granted, issued and done under this Act,

and to have continued in force as fully and effectively as if this Act

had been in force on the dates on which the said rules, orders,

appointments, licences, permits, things and directions were made,

granted, done or issued :

Provided that nothing contained in this Act shall render any person liable

to any punishment or penalty whatsoever by reason of anything done or omitted

to be done by him between the 1st day of January 1953 and the date of

commencement of this Act.

THE SCHEDULE

[See Section 2 (a) ]

(i) Manures other than chemical fertilisers ;

(ii) Hides and skins ;

(iii) Kendu leaves ;

(iv) Petal Garud ; and

(v) Horns and Bones.