THE PREVENTION OF BLACK-MARKETING AND MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ACT, 1980

What is the subject matter and title of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

The Act relates to preventive detention for the purpose of prevention of black marketing and maintenance of supplies of commodities essential to the community and is titled The Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

What is the Act number of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

The Act is Act No. 7 of 1980.

On what date was The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 enacted?

The Act was enacted on 12th February, 1980.

For what purposes does The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 provide for detention?

The Act provides for detention in certain cases for the purpose of prevention of black marketing and maintenance of supplies of commodities essential to the community.

By which authority and in which year of the Republic of India was The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 enacted?

The Act was enacted by Parliament in the Thirty-first Year of the Republic of India.

What is the subject matter and heading of Section 1 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 1 deals with the short title, extent, and commencement of the Act.

What is the short title by which the Act may be called under Section 1(1)?

The Act may be called the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

What is the territorial extent of the Act as provided under Section 1(2)?

The Act extends to the whole of India.

From which date is the Act deemed to have come into force under Section 1(3)?

The Act shall be deemed to have come into force on the 15th day of October, 1979.

What is the subject matter and heading of Section 2 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 2 deals with definitions applicable to the Act.

What is the meaning of the expression “appropriate Government” under Section 2(a)?

“Appropriate Government” means, in respect of a detention order made by the Central Government or by an officer of the Central Government or a person detained under such order, the Central Government, and in respect of a detention order made by a State Government or by an officer of a State Government or a person detained under such order, the State Government.

What does the expression “detention order” mean under Section 2(b)?

“Detention order” means an order made under section 3.

How is the expression “State Government” defined in relation to a Union territory under Section 2(c)?

In relation to a Union territory, “State Government” means the administrator thereof.

What is the subject matter and heading of Section 3 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 3 deals with the power to make orders detaining certain persons.

Which authorities are empowered to make a detention order under Section 3(1)?

The Central Government, the State Government, any officer of the Central Government not below the rank of Joint Secretary specially empowered, and any officer of a State Government not below the rank of Secretary specially empowered may make a detention order.

What condition precedent must be satisfied before a detention order can be made under Section 3(1)?

The authority must be satisfied that, with a view to preventing a person from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community, it is necessary to detain such person.

What is the nature of the order that may be passed under Section 3(1)?

An order may be made directing that the person concerned be detained.

What is meant by the expression “acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community” for the purposes of Section 3(1)?

It means committing or instigating any person to commit any offence punishable under the Essential Commodities Act, 1955 or under any other law relating to control of production, supply, distribution, trade, or commerce in any commodity essential to the community, or dealing in certain commodities with a view to making gain in a manner that defeats or tends to defeat such laws.

What acts relating to offences are covered under clause (a) of the Explanation to Section 3(1)?

Committing or instigating any person to commit any offence punishable under the Essential Commodities Act, 1955 or under any other law for the time being in force relating to control of production, supply, distribution, or trade and commerce in commodities essential to the community.

What kinds of commodities are covered under clause (b) of the Explanation to Section 3(1)?

Commodities which are essential commodities as defined in the Essential Commodities Act, 1955, or commodities in respect of which provisions have been made under any other law referred to in clause (a).

What type of conduct in dealing with commodities attracts clause (b) of the Explanation to Section 3(1)?

Dealing in such commodities with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of the Essential Commodities Act, 1955 or any other law referred to therein.

Which officers are empowered under Section 3(2) to exercise the powers of detention conferred by sub-section (1)?

District Magistrates and Commissioners of Police, wherever they have been appointed, are empowered to exercise such powers if satisfied as provided in sub-section (1).

What is the reporting obligation imposed on officers making detention orders under Section 3(3)?

The officer shall forthwith report the fact of the detention order to the State Government to which he is subordinate, together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter.

For how long can a detention order made by an officer under Section 3(2) remain in force without approval of the State Government?

Such an order shall not remain in force for more than twelve days after the making thereof unless it is approved by the State Government in the meantime.

How does the proviso to Section 3(3) modify the period of twelve days, and in what circumstance?

Where the grounds of detention are communicated under section 8 after five days but not later than ten days from the date of detention, the period of twelve days is substituted by fifteen days.

What duty is cast upon the State Government under Section 3(4) when a detention order is made or approved under this section?

The State Government shall, within seven days, report the fact to the Central Government together with the grounds on which the order has been made and such other particulars as, in its opinion, have a bearing on the necessity for the order.

What is the subject matter and heading of Section 4 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 4 deals with the execution of detention orders.

Where may a detention order be executed and in what manner under Section 4?

A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973.

What is the subject matter and heading of Section 5 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 5 deals with the power to regulate the place and conditions of detention.

What liabilities does a person detained under a detention order incur under Section 5(a)?

Such person is liable to be detained in such place and under such conditions, including conditions as to maintenance, discipline, and punishment for breaches of discipline, as the appropriate Government may specify by general or special order.

What power is conferred on the appropriate Government under Section 5(b) regarding the place of detention?

The appropriate Government may order the removal of a detained person from one place of detention to another, whether within the same State or in another State.

What restriction is placed on the power of a State Government under the proviso to Section 5(b)?

No order shall be made by a State Government for the removal of a person from one State to another State except with the consent of the Government of that other State.

What is the subject matter and heading of Section 6 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 6 deals with grounds on which detention orders shall not be held invalid or inoperative.

On what ground relating to territorial jurisdiction does Section 6(a) provide that a detention order shall not be invalid or inoperative?

A detention order shall not be invalid or inoperative merely because the person to be detained is outside the limits of the territorial jurisdiction of the Government or officer making the order.

On what ground relating to the place of detention does Section 6(b) provide that a detention order shall not be invalid or inoperative?

A detention order shall not be invalid or inoperative merely because the place of detention of the person is outside the territorial limits of the Government or officer making the order.

What is the subject matter and heading of Section 7 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 7 deals with powers in relation to absconding persons.

Under what circumstance may action be taken under Section 7(1)?

Action may be taken when the appropriate Government or an officer mentioned in sub-section (2) of section 3 has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed.

To whom may a report be made under Section 7(1)(a) and with respect to which place?

A report in writing may be made to a Metropolitan Magistrate or a Judicial Magistrate of the first class having jurisdiction over the place where the person ordinarily resides.

What is the legal effect of making a report under Section 7(1)(a)?

Upon such report, the provisions of sections 82, 83, 84, and 85 of the Code of Criminal Procedure, 1973 apply to the person and his property as if the detention order were a warrant issued by the Magistrate.

What power is conferred under Section 7(1)(b) of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 in respect of an absconding person?

The appropriate Government or the officer concerned may, by an order notified in the Official Gazette, direct the person to appear before such officer, at such place and within such period as may be specified in the order.

What are the legal consequences of failure to comply with a direction issued under Section 7(1)(b)?

The person shall be punishable with imprisonment for a term which may extend to one year or with fine or with both, unless he proves that compliance was not possible and that within the specified period he informed the officer of the reasons for non-compliance and of his whereabouts.

What exception is provided to a person proceeded against under Section 7(1)(b) for failure to comply with the direction?

No punishment shall follow if the person proves that it was not possible to comply with the direction and that he had, within the specified period, informed the officer of the reasons rendering compliance impossible and of his whereabouts.

What is the nature of the offence under Section 7(1)(b) as declared by Section 7(2)?

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence under clause (b) of sub-section (1) shall be cognizable.

What is the subject matter and heading of Section 8 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 8 deals with the disclosure of grounds of detention to the person affected by the order.

Within what time and in what manner must the grounds of detention be communicated under Section 8(1)?

The grounds shall be communicated as soon as may be, ordinarily not later than five days, and in exceptional circumstances for reasons to be recorded in writing not later than ten days from the date of detention.

What additional obligation is imposed on the authority making the detention order under Section 8(1)?

The authority shall afford the detained person the earliest opportunity of making a representation against the order to the appropriate Government.

What exception to disclosure is provided under Section 8(2)?

The authority is not required to disclose facts which it considers to be against the public interest to disclose.

What is the subject matter and heading of Section 9 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 9 deals with the constitution of Advisory Boards for the purposes of the Act.

Which Governments are empowered to constitute Advisory Boards under Section 9(1) and when may they do so?

The Central Government and each State Government may, whenever necessary, constitute one or more Advisory Boards for the purposes of the Act.

What shall be the composition of an Advisory Board under Section 9(2)?

Every Advisory Board shall consist of three persons who are, or have been, or are qualified to be appointed as, Judges of a High Court.

By whom are the members of the Advisory Board appointed under Section 9(2)?

The members of the Advisory Board are appointed by the appropriate Government.

Who is appointed as the Chairman of the Advisory Board under Section 9(3)?

One of the members who is, or has been, a Judge of a High Court is appointed as the Chairman by the appropriate Government.

What special requirement is prescribed under Section 9(3) for appointment to the Advisory Board in the case of a Union territory?

In the case of a Union territory, the appointment of any person who is a Judge of the High Court of a State to the Advisory Board shall be made with the previous approval of the State Government concerned.

What is the subject matter and heading of Section 10 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 10 deals with reference of detention orders to the Advisory Board.

Within what period must a detention case be placed before the Advisory Board under Section 10?

The appropriate Government shall, within three weeks from the date of detention, place the case before the Advisory Board.

What materials are required to be placed before the Advisory Board under Section 10?

The grounds on which the detention order has been made and the representation, if any, made by the person affected by the order.

What additional document must be placed before the Advisory Board when the detention order has been made by an officer under Section 3(2)?

The report made by such officer under sub-section (3) of section 3 must also be placed before the Advisory Board.

Which Advisory Board is competent to consider the reference under Section 10?

The Advisory Board constituted by the appropriate Government under section 9 is competent to consider the reference.

What is the subject matter and heading of Section 11 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 11 deals with the procedure of Advisory Boards.

What steps is the Advisory Board required to take before submitting its report under Section 11(1)?

The Advisory Board shall consider the materials placed before it, call for further information from the appropriate Government, any person through the appropriate Government, or from the person concerned, and where it considers it essential or where the person concerned so desires, hear the person in person.

Within what time must the Advisory Board submit its report under Section 11(1)?

The Advisory Board shall submit its report within seven weeks from the date of detention of the person concerned.

What must the report of the Advisory Board specifically contain under Section 11(2)?

The report shall specify in a separate part the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned.

How is the opinion of the Advisory Board determined when there is a difference of opinion among its members under Section 11(3)?

The opinion of the majority of the members forming the Advisory Board shall be deemed to be the opinion of the Board.

What restrictions are imposed by Section 11(4) regarding legal representation and confidentiality?

No person against whom a detention order has been made is entitled to appear by any legal practitioner, and the proceedings and report of the Advisory Board, except the part specifying its opinion, shall be confidential.

What is the subject matter and heading of Section 12 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 12 deals with action to be taken upon the report of the Advisory Board.

What power does the appropriate Government have under Section 12(1) when the Advisory Board reports sufficient cause for detention?

The appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit.

What is the obligation of the appropriate Government under Section 12(2) when the Advisory Board reports no sufficient cause for detention?

The appropriate Government shall revoke the detention order and cause the person concerned to be released forthwith.

What is the subject matter and heading of Section 13 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 13 deals with the maximum period of detention.

What is the maximum period for which a person may be detained under a detention order confirmed under section 12?

The maximum period of detention shall be six months from the date of detention.

What is the effect of the proviso to Section 13 regarding the powers of the appropriate Government?

The proviso preserves the power of the appropriate Government to revoke or modify the detention order at any earlier time.

What is the subject matter and heading of Section 14 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 14 deals with the revocation of detention orders.

What power is conferred by Section 14(1) regarding revocation or modification of detention orders?

A detention order may, at any time, be revoked or modified without prejudice to the provisions of section 21 of the General Clauses Act, 1897.

Who may revoke or modify a detention order made by an officer of a State Government under Section 14(1)(a)?

Such an order may be revoked or modified by the State Government or by the Central Government.

Who may revoke or modify a detention order made by an officer of the Central Government or by a State Government under Section 14(1)(b)?

Such an order may be revoked or modified by the Central Government.

What is the effect of revocation or expiry of a detention order under Section 14(2)?

The revocation or expiry of a detention order does not bar the making of a fresh detention order under section 3 against the same person.

Under what condition may a fresh detention order be made against the same person under Section 14(2)?

A fresh detention order may be made where fresh facts have arisen after the date of revocation or expiry and the competent authority is satisfied that such an order should be made.

What is the subject matter and heading of Section 15 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 15 deals with the temporary release of persons detained.

What power is conferred on the appropriate Government under Section 15(1)?

The appropriate Government may direct the temporary release of a detained person for a specified period, either without conditions or subject to such conditions as the person accepts, and may cancel such release at any time.

What requirement may be imposed by the appropriate Government while directing release under Section 15(2)?

The appropriate Government may require the released person to enter into a bond, with or without sureties, for the due observance of the conditions specified in the direction.

What obligation is imposed on a person released under Section 15(1) by Section 15(3)?

The released person shall surrender himself at the time and place and to the authority specified in the order directing or cancelling his release.

What is the consequence under Section 15(4) if a person fails without sufficient cause to surrender as required?

Such person shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

What is the effect under Section 15(5) of failure to fulfil conditions of release or the bond?

The bond shall be declared forfeited and any person bound thereby shall be liable to pay the penalty thereof.

What is the subject matter and heading of Section 16 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 16 deals with protection of action taken in good faith.

Against whom is protection granted under Section 16 for actions taken in good faith?

Protection is granted to the Central Government, the State Government, and any person.

What kinds of legal proceedings are barred under Section 16?

No suit, prosecution, or other legal proceeding shall lie.

In respect of what acts does Section 16 grant protection?

Protection is granted for anything done or intended to be done in good faith in pursuance of the Act.

What is the subject matter and heading of Section 17 of The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Section 17 deals with repeal and saving.

Which law is repealed under Section 17(1)?

The Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Ordinance, 1979 (10 of 1979), is repealed.

What is the effect of repeal as provided under Section 17(2)?

Anything done or any action taken under the repealed Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.