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The Essential Commodities Act, 1955 Set-4
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1. The overriding effect in Section 10A operates notwithstanding provisions contained in:
a. Any other law
b. Only the Indian Penal Code
c. The Code of Criminal Procedure, 1973
d. The Evidence Act
2. The classification of offences as cognizable under Section 10A strengthens:
a. Judicial review
b. Administrative procedure
c. Enforcement mechanism under the Act
d. Civil liability
3. Section 10B of the Essential Commodities Act empowers the court to:
a. Confiscate essential commodities
b. Publish the name and details of companies convicted under the Act
c. Cancel licences of traders
d. Recover arrears of land revenue
4. The power under Section 10B is exercised when:
a. A company is accused
b. A company is convicted under the Act
c. A trader is arrested
d. Goods are seized
5. Fact of conviction
a. 1 and 2 only
b. 1, 2 and 3 only
c. 1, 2, 3 and 4
d. 2 and 4 only
6. According to Section 10B, publication of conviction details may be made in:
a. Government Gazette only
b. Newspapers or any other manner directed by the court
c. Court records only
d. Police registers
7. The expenses for publishing the conviction details under Section 10B shall be borne by:
a. The Government
b. The court
c. The company convicted
d. The police department
8. Publication under Section 10B shall be made:
a. Immediately after conviction
b. After approval of the State Government
c. Only after the appeal period has expired or the appeal has been disposed of
d. Only after confiscation
9. If an appeal is filed against the conviction of the company, publication under Section 10B will occur:
a. Immediately
b. After the appeal is disposed of
c. Before the appeal hearing
d. After police approval
10. The expenses incurred for publication under Section 10B are recoverable as if they were:
a. Taxes
b. Civil damages
c. A fine imposed by the court
d. Administrative charges
11. The purpose of Section 10B is primarily to:
a. Increase taxation revenue
b. Publicly disclose companies convicted under the Act as a deterrent
c. Promote essential commodities trade
d. Encourage export regulation
12. For the purpose of Section 10B, the term “company” shall have the meaning assigned in:
a. Section 3
b. Section 6A
c. Explanation to Section 10
d. Section 7
13. Section 10C of the Essential Commodities Act deals with:
a. Confiscation of goods
b. Presumption of culpable mental state
c. Appeals against confiscation
d. Licensing of traders
14. Under Section 10C, in prosecutions requiring culpable mental state, the court shall:
a. Ignore mental state
b. Presume the existence of culpable mental state
c. Leave the matter to police discretion
d. Require proof only from the prosecution
15. According to Section 10C(1), the burden of proving absence of culpable mental state lies on:
a. The prosecution
b. The police
c. The accused
d. The court
16. The accused can defend himself under Section 10C by proving that:
a. He had no intention of violating the Act
b. He had no culpable mental state with respect to the act charged
c. The police acted improperly
d. The Act is invalid
17. Belief or reason to believe a fact
a. 1 and 2 only
b. 1, 2 and 3 only
c. 1, 3 and 4 only
d. 1, 2, 3 and 4
18.The presumption created by Section 10C means that:
a. The prosecution must prove intention first
b. The court assumes the accused had the required mental state unless disproved
c. The accused is automatically acquitted
d. The offence becomes civil in nature
19. According to Section 10C(2), a fact is said to be proved only when the court believes it to exist:
a. On balance of probabilities
b. On preponderance of probability
c. Beyond reasonable doubt
d. On police report
20. Section 10C(2) clarifies that proof is not established merely by:
a. Evidence from police
b. Witness testimony
c. Preponderance of probability
d. Court discretion
21.The principle introduced by Section 10C shifts the burden of proof regarding mental state to:
a. The Government
b. The accused
c. The police officer
d. The Collector
22.The purpose of Section 10C is to:
a. Reduce prosecution burden in economic offences
b. Encourage export of commodities
c. Remove criminal liability
d. Restrict confiscation powers
23. Section 11 of the Essential Commodities Act deals with:
a. Trial of offences
b. Cognizance of offences
c. Confiscation proceedings
d. Licensing of traders
24. According to Section 11, a court shall take cognizance of offences under the Act only upon:
a. Oral complaint
b. Police suspicion
c. A written report of the facts constituting the offence
d. Government notification
25. The written report under Section 11 must be made by:
a. Any private individual
b. A public servant as defined under Section 21 of the IPC
c. Only a police officer
d. Any government employee
26. A recognised consumer association
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither
27. A recognised consumer association may file a report under Section 11:
a. Only for its members
b. Only for government agencies
c. Whether the affected person is its member or not
d. Only after police approval
28. The term “public servant” in Section 11 is defined under:
a. Code of Criminal Procedure
b. Indian Penal Code, Section 21
c. Civil Procedure Code
d. Companies Act
29. The requirement of a written report under Section 11 acts as:
a. A procedural safeguard before prosecution
b. A limitation on investigation
c. A licensing condition
d. A civil liability provision
30. According to the explanation to Section 11, a recognised consumer association means:
a. Any informal consumer group
b. A voluntary consumer association registered under the Companies Act or other law
c. Only government consumer forums
d. Any trader association
31. Section 12AA
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither
32.The purpose of Section 11 is to:
a. Restrict prosecution under the Act
b. Ensure prosecution is initiated through responsible or recognised persons
c. Encourage private trade
d. Eliminate judicial review
33. Section 12 of the Essential Commodities Act deals with:
a. Special provision regarding fine
b. Cognizance of offences
c. Appeals against confiscation
d. Attempts and abetment
34. Section 12 begins with the phrase “Notwithstanding anything contained in…”, referring to which law?
a. Indian Penal Code
b. Code of Civil Procedure
c. Code of Criminal Procedure, 1973
d. Companies Act
35. Section 12 overrides the provisions of which section of the Code of Criminal Procedure?
a. Section 21
b. Section 29
c. Section 41
d. Section 190
36. Under Section 12, a Metropolitan Magistrate may impose a fine exceeding:
a. ₹1,000
b. ₹2,000
c. ₹5,000
d. ₹10,000
37. Judicial Magistrate of the First Class specially empowered by the State Government
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither
38. A Judicial Magistrate of the First Class can impose a fine exceeding ₹5,000 only when:
a. Approved by the High Court
b. Specially empowered by the State Government
c. Directed by the police
d. Authorised by Parliament
39. The enhanced power to impose higher fines under Section 12 applies when a person is convicted of:
a. Any offence under the IPC
b. Contravening any order made under Section 3
c. Attempt to commit an offence
d. Abetment of offences only
40. Section 12 allows magistrates to impose fines beyond the normal limits prescribed in:
a. Indian Penal Code
b. Code of Criminal Procedure
c. Consumer Protection Act
d. Companies Act
41. The purpose of Section 12 is to:
a. Limit fines imposed by courts
b. Increase punishment flexibility for violations of control orders
c. Reduce penalties for traders
d. Transfer jurisdiction to civil courts
42. Section 12 strengthens enforcement of the Act by allowing courts to impose:
a. Only imprisonment
b. Higher fines than those normally permitted under CrPC
c. Only confiscation of goods
d. Administrative penalties only
43. Section 12A of the Essential Commodities Act deals with:
a. Cognizance of offences
b. Power to try offences summarily
c. Confiscation of goods
d. Licensing of traders
44. The power to order summary trial under Section 12A is exercised by:
a. State Government
b. Central Government
c. District Magistrate
d. High Court
45. Trade or commerce
a. 1 and 2 only
b. 1 and 3 only
c. 2 and 3 only
d. 1, 2 and 3
46. The Central Government specifies orders for summary trial under Section 12A through:
a. Executive instructions
b. Police circulars
c. Notification in the Official Gazette
d. Judicial order
47. Orders specified for summary trial under Section 12A are called:
a. Control orders
b. Special orders
c. Penal orders
d. Emergency orders
48. Every notification issued under Section 12A must be laid before:
a. Supreme Court
b. Both Houses of Parliament
c. State Legislatures
d. High Court
49. A notification specifying a special order for summary trial generally remains in force for:
a. One year
b. Two years
c. Three years
d. Five years
50. A notification issued under Section 12A will cease to operate after two years unless it is:
a. Approved by the court
b. Rescinded earlier
c. Approved by the police
d. Reviewed by Parliament
51. If summary trial proceedings have already begun before the notification ceases to operate, then:
a. The trial must stop immediately
b. The case must be transferred to civil court
c. The summary trial may continue as if the notification had not ceased
d. The accused must be acquitted
52. The purpose of Section 12A is to:
a. Increase taxation
b. Ensure speedy trial of offences affecting essential commodity supply and distribution
c. Promote international trade
d. Remove criminal liability
53. Section 12A(2) provides for the summary trial of offences relating to:
a. Export of commodities
b. Contravention of certain orders under Section 3
c. Licensing violations
d. Tax evasion
54. Section 12A(2) begins with the phrase “Notwithstanding anything contained in…” referring to:
a. Indian Penal Code
b. Code of Criminal Procedure, 1973
c. Companies Act
d. Consumer Protection Act
55. Drugs
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither
56. Summary trial under Section 12A(2) may also apply to contravention of:
a. Licensing rules
b. Special orders specified under Section 12A(1)
c. Police regulations
d. Civil court orders
57. Offences under Section 12A(2) shall be tried summarily by:
a. District Judge
b. Judicial Magistrate of First Class specially empowered by the State Government
c. Civil Judge
d. High Court
58. Apart from the Judicial Magistrate of the First Class, offences under Section 12A(2) may also be tried summarily by:
a. Sessions Judge
b. Executive Magistrate
c. Metropolitan Magistrate
d. District Collector
59. The provisions applicable to summary trials under Section 12A(2) are contained in which sections of the Code of Criminal Procedure?
a. Sections 190–200
b. Sections 262–265
c. Sections 300–310
d. Sections 154–173
60. In a summary trial under Section 12A(2), the maximum term of imprisonment that may be imposed is:
a. Six months
b. One year
c. Two years
d. Three years
61. If during a summary trial the Magistrate believes that imprisonment exceeding one year may be required, he shall:
a. Dismiss the case
b. Continue summary trial
c. Convert the case into a regular trial under CrPC
d. Transfer the case to the High Court
62. When a Magistrate decides that summary trial is not appropriate, he must:
a. Close the proceedings
b. Record an order and recall any witnesses examined
c. Refer the case to police
d. Transfer the case to civil court
63. Section 12A(3) restricts the right of appeal in cases:
a. Tried under regular criminal procedure
b. Tried summarily under Section 12A
c. Decided by civil courts
d. Heard by the High Court
64. According to Section 12A(3), no appeal shall lie if the Magistrate in a summary trial imposes imprisonment not exceeding:
a. 7 days
b. 15 days
c. 1 month
d. 3 months
65. In addition to imprisonment not exceeding one month, no appeal shall lie if the fine imposed does not exceed:
a. ₹500
b. ₹1,000
c. ₹2,000
d. ₹5,000
66. Even where forfeiture of property or an order under Section 452 of the Code of Criminal Procedure is made, appeal will still not lie if:
a. The sentence remains within the specified limits
b. The accused pleads guilty
c. The police recommend it
d. The State Government approves
67. An appeal shall lie in a summary trial under Section 12A when the sentence imposed:
a. Is within the prescribed limits
b. Exceeds the limits prescribed under Section 12A(3)
c. Includes confiscation only
d. Is imposed by the police
68. Section 12A(4) deals with:
a. Appeals against confiscation
b. Transfer of pending cases for summary trial
c. Licensing of traders
d. Investigation of offences
69. Cases relating to contravention of an order referred to in Section 12A(2)(a) pending before a Magistrate before the commencement of the Essential Commodities (Amendment) Act, 1974 shall be tried:
a. By civil courts
b. In the ordinary manner
c. In a summary way under Section 12A
d. Only by the High Court
70. Pending cases will be tried summarily only if:
a. The accused agrees
b. No witnesses have been examined before the commencement date or notification
c. Police approval is obtained
d. The Government directs it
71. If a case pending before a Magistrate is not triable summarily by him under Section 12A, the case shall be:
a. Dismissed
b. Sent to the High Court
c. Forwarded to a Magistrate competent to try it summarily
d. Transferred to police authorities
72.The purpose of Section 12A(3)–(4) is to:
a. Encourage civil litigation
b. Limit appeals in minor summary convictions and ensure speedy disposal of pending cases
c. Increase imprisonment penalties
d. Transfer all cases to higher courts
73. Section 12B of the Essential Commodities Act deals with:
a. Appeals against confiscation
b. Grant of injunction by civil courts
c. Summary trials
d. Cognizance of offences
74. According to Section 12B, civil courts shall not grant an injunction against the Government unless:
a. Police permission is obtained
b. Notice of the application is given to the Government or officer concerned
c. High Court approval is obtained
d. The accused files an appeal
75. Public officer acting in official capacity
a. 1 only
b. 1 and 2 only
c. 2 and 3 only
d. 1, 2 and 3
76. Under Section 12B, a civil court cannot grant any relief against the Government for actions taken:
a. In personal capacity
b. Under the Essential Commodities Act or orders made under it
c. In private contracts
d. Under civil law
77. The requirement of notice before granting an injunction under Section 12B applies when the act was done by a public officer:
a. In personal capacity
b. In official capacity under the Act
c. Without authority
d. Outside India
78. Section 12B ensures that before judicial interference through injunction, the concerned Government authority must:
a. File a police report
b. Receive prior notice of the application
c. Obtain Parliamentary approval
d. Issue a notification
79. The main purpose of Section 12B is to:
a. Encourage civil litigation
b. Prevent immediate injunctions against government actions without prior notice
c. Increase penalties
d. Allow direct appeals to High Courts
80.The restriction under Section 12B applies to which courts?
a. Criminal courts
b. Civil courts
c. Consumer courts
d. Administrative tribunals
81. The actions protected under Section 12B include acts done:
a. Only by police officers
b. Only by courts
c. By Government or public officers under the Act or orders made under it
d. Only by State Governments
82. Section 12B acts as a safeguard ensuring that:
a. Courts cannot review government action
b. Government authorities are given notice before civil courts grant injunctions against actions under the Act
c. Only criminal courts can hear cases
d. Civil courts have unlimited powers
83. Section 13 of the Essential Commodities Act deals with:
a. Confiscation of commodities
b. Presumption as to orders
c. Appeals against confiscation
d. Grant of injunction by civil courts
84. According to Section 13, when an order appears to have been made and signed by an authority under the Act, the court shall:
a. Reject the order
b. Investigate the authority immediately
c. Presume that the order was validly made
d. Refer the matter to the Government
85. The presumption under Section 13 applies when an order purports to have been made and signed by:
a. Any private person
b. An authority exercising powers under the Act
c. Only the Central Government
d. Only the State Government
86. The presumption under Section 13 is to be applied by:
a. Police authorities
b. Administrative tribunals
c. Courts
d. State Governments
87. Section 13 refers to the concept of presumption under which statute?
a. Code of Criminal Procedure
b. Code of Civil Procedure
c. Indian Evidence Act, 1872
d. Indian Penal Code
88. According to Section 13, the court presumes that the order was made by the authority:
a. Without jurisdiction
b. Within the authority granted under the Act
c. Only after verification
d. Only after approval by Parliament
89. The presumption under Section 13 helps in:
a. Reducing civil litigation
b. Avoiding unnecessary proof of authority for official orders
c. Increasing penalties
d. Restricting judicial review
90. Section 13 creates a presumption regarding:
a. Validity of commodities seized
b. Authority behind orders issued under the Act
c. Ownership of seized goods
d. Criminal intent of accused
91. The phrase “purports to have been made and signed” in Section 13 implies that:
a. The order must be registered in court
b. The order appears on its face to be made by the competent authority
c. The order must be approved by Parliament
d. The order must be notarized
92. The objective of Section 13 is to:
a. Prevent administrative orders
b. Facilitate legal recognition of orders issued under the Act
c. Limit government powers
d. Encourage civil suits
93. Section 14 of the Essential Commodities Act deals with:
a. Presumption as to orders
b. Burden of proof in certain cases
c. Summary trial of offences
d. Grant of injunction by civil courts
94. Section 14 applies when a person is prosecuted for contravening an order made under:
a. Section 2A
b. Section 3
c. Section 6A
d. Section 7
95. Under Section 14, the burden of proof lies on the accused when the order prohibits him from doing an act:
a. Without government approval
b. Without lawful authority or a permit, licence or document
c. Without court order
d. Without police permission
96. If a person is found in possession of a commodity prohibited without licence under Section 3 orders, who must prove the existence of lawful authority?
a. The prosecution
b. The police
c. The accused person
d. The court
97. Section 14 shifts the burden of proof regarding lawful authority to:
a. Government authorities
b. The accused person
c. The investigating officer
d. The Magistrate
98. Other relevant document
a. 1 only
b. 1 and 2 only
c. 2 and 3 only
d. 1, 2 and 3
99. Section 14 applies particularly to offences involving:
a. Illegal export
b. Prohibited acts or possession without lawful authority
c. Civil disputes
d. Contract violations
100. The purpose of Section 14 is to:
a. Reduce prosecution burden in proving absence of licence or authority
b. Increase civil litigation
c. Limit government powers
d. Encourage trade
101. Section 14 creates an exception to the general rule of criminal law that:
a. The accused must prove innocence
b. The prosecution must prove guilt
c. The court must prove authority
d. The police must prove evidence
102. Section 14 strengthens enforcement of control orders by requiring the accused to prove:
a. His innocence
b. His possession of lawful authority, permit or licence
c. His ownership of commodities
d. His business registration
103. Section 15 of the Essential Commodities Act deals with:
a. Burden of proof
b. Protection of actions taken under the Act
c. Summary trials
d. Appeals against confiscation
104. According to Section 15(1), no suit or prosecution shall lie against a person for actions done:
a. Without permission
b. In good faith under an order made under Section 3
c. Under personal authority
d. Under civil law
105. The protection under Section 15(1) applies when an act is done:
a. In bad faith
b. In negligence
c. In good faith in pursuance of an order under Section 3
d. Under private contract
106. Other legal proceedings
a. 1 only
b. 1 and 2 only
c. 2 and 3 only
d. 1, 2 and 3
107. Under Section 15(2), the Government is protected from legal proceedings for damage caused by acts done:
a. Negligently
b. Without authority
c. In good faith under an order made under Section 3
d. Under civil contracts
108. The protection granted to the Government under Section 15 applies to damage:
a. Already caused only
b. Likely to be caused only
c. Both caused and likely to be caused
d. Only anticipated
109. Section 15 provides immunity primarily when actions are taken under orders made under:
a. Section 2A
b. Section 3
c. Section 6A
d. Section 7
110. The phrase “good faith” in Section 15 implies that the act was done:
a. With dishonest intention
b. Without due care
c. Honestly and with due care under lawful authority
d. Under police instructions
111. Section 15 aims to protect officials and Government authorities acting under the Act from:
a. Criminal punishment
b. Unnecessary litigation when actions are taken in good faith
c. Administrative duties
d. Judicial scrutiny
112. The primary objective of Section 15 is to:
a. Restrict government powers
b. Provide legal immunity for actions taken honestly under the Act
c. Promote private trade
d. Reduce penalties
113. Section 15A of the Essential Commodities Act deals with:
a. Protection of actions taken under the Act
b. Prosecution of public servants
c. Burden of proof
d. Cognizance of offences
114. According to Section 15A, a court shall not take cognizance of an offence alleged to have been committed by a public servant unless:
a. Police approval is obtained
b. Previous sanction of the appropriate Government is obtained
c. The High Court approves
d. The accused admits guilt
115. Section 15A applies when the public servant is accused of committing an offence while:
a. Acting in personal capacity
b. Acting or purporting to act in discharge of official duty under an order made under Section 3
c. Acting under civil law
d. Acting under contract law
116. If the accused public servant is employed in connection with the affairs of the Union, sanction must be obtained from:
a. State Government
b. Central Government
c. High Court
d. District Magistrate
117. If the accused public servant is employed in connection with the affairs of a State, sanction must be obtained from:
a. Central Government
b. High Court
c. State Government
d. Police authority
118. The sanction requirement under Section 15A applies to acts done by a public servant under orders made under:
a. Section 2A
b. Section 3
c. Section 6A
d. Section 7
119. The requirement of sanction under Section 15A acts as a safeguard to:
a. Prevent misuse of government powers
b. Protect public servants from frivolous prosecution for official acts
c. Encourage civil suits
d. Limit judicial review
120. The phrase “acting or purporting to act” in Section 15A implies:
a. Only lawful acts are covered
b. Both actual and apparent acts done in official capacity are covered
c. Only illegal acts are covered
d. Only administrative acts are covered
121. Under Section 15A, sanction for prosecution is required before the court can:
a. Conduct investigation
b. Register a case
c. Take cognizance of the offence
d. Issue a warrant
122. The main objective of Section 15A is to:
a. Restrict government powers
b. Provide procedural protection to public servants performing duties under the Act
c. Increase penalties
d. Transfer cases to civil courts
123. Section 16 of the Essential Commodities Act deals with:
a. Cognizance of offences
b. Repeals and savings
c. Protection of actions taken under the Act
d. Burden of proof
124. According to Section 16(1), which ordinance was repealed by the Act?
a. Essential Commodities Ordinance, 1954
b. Essential Commodities Ordinance, 1955
c. Food Control Ordinance, 1956
d. Trade Regulation Ordinance, 1955
125. Section 16(1) repeals any law in force in a State before the commencement of this Act that:
a. Regulated civil disputes
b. Controlled production, supply, distribution or trade of essential commodities
c. Regulated taxation
d. Regulated criminal trials
126. Despite repeal of earlier laws, orders made under those laws before commencement of the Act shall:
a. Automatically lapse
b. Continue to be valid if they could have been made under this Act
c. Require approval from courts
d. Become civil orders
127. Under Section 16(2), orders made under repealed laws are deemed to be:
a. Invalid
b. Orders under the Essential Commodities Act
c. Government notifications only
d. Temporary directions
128. Directions issued
a. 1 only
b. 2 only
c. 1 and 2 only
d. 1, 2 and 3
129. The continuation of earlier orders under Section 16(2) will remain valid until:
a. The High Court cancels them
b. They are superseded by new orders under this Act
c. Parliament reviews them
d. The police revoke them
130. Section 16(3) states that provisions of which Act shall also apply to repeal under this section?
a. Indian Penal Code
b. Code of Criminal Procedure
c. General Clauses Act, 1897
d. Civil Procedure Code
131. Section 6 of the General Clauses Act, 1897 ensures that repeal of a law does not:
a. Affect existing rights, obligations, or proceedings under the repealed law
b. Affect government authority
c. Affect court jurisdiction
d. Affect taxation rules
132. The main purpose of Section 16 is to:
a. Remove all previous laws without exceptions
b. Ensure smooth transition from earlier laws to the Essential Commodities Act
c. Increase penalties
d. Transfer cases to civil courts
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