Section 4 in The Essential Commodities (Bihar Amendment) Act, 1977
4. Substitution of new section for Section 6-A of Act X of 1955.
- For the existing Section 6-A the following section shall be substituted, namely;-"6-A. Confiscation of foodgrains, edible oil-seeds, edible oils, etc. - (1) Where any essential commodity is seized in pursuance of an order made under Section 3 in relation there to it shall be reported without any unreasonable delay to the Collector of the district in which such essential commodity is seized and the Collector may, if he thinks it expedient so to do, inspect or cause to be inspected such essential commodity, whether or not the prosecution is instituted for the contravention of such order and the Collector, if satisfied that there has been a contravention of the order, may order confiscation of-(a)the essential commodities 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 oil-seeds seized in pursuance of an order made under Section 3 in relation thereto from producer shall, if the seized foodgrains or edible oil-seeds have been produced by him, be confiscated under this section.(2)Where the Collector, on receiving a report of seizure or in inspection of any essential commodity under sub-section (1) is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise expedient in the public interest so to do, he may order the same to be sold at the controlled price, if any, fixed under any law for the time being in force.(3)In the case of foodgrains, where there is no controlled price, the Collector if he thinks fit, may order the foodgrains seized under sub-section (1) to be sold through fair price shops at the price fixed by the Central Government or the State Government, as the case may be, for the sale of such foodgrains to the public through these shops or may order such foodgrains to be sold by public auction.(4)The Collector shall whenever it is practicable so to do having regard to the nature of the essential commodity take and preserve sample of the same in the prescribed manner before its sale or distribution.(5)Where any essential commodity is sold as aforesaid, the sale-proceeds thereof, after deduction of all expenses of the sale or auction, as the case may be, shall-(a)where no order of confiscation is ultimately passed by the Collector; or(b)where an order passed on appeal under sub-clause (1) of Section 6-C so requires; or(c)in the case of prosecution being instituted for the contravention of the order in respect of which an order of confiscation has been made under this section and where the person concerned is acquitted.be paid to the owner thereof or the person from whom it is seized:Provided that in the case of foodgrains sold through fair price shops in accordance with sub-sections (2) and (3) the owner shall be paid for the foodgrains so sold, the price fixed by the State Government, for retail sale of such foodgrains through such shops less all expenses of sale or auction under sub-sections (2) and (3).(6)Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (Act II of 1974), when Collector or the appellate authority is seized with the matter under this section no court shall entertain any application in respect of essential commodities, any package, covering, receptacle, any animal, vehicle or other conveyance used in carrying such commodities as far as its release, distribution, etc. is concerned and the jurisdiction of Collector or the appellate authority with regard to the disposal of the same shall be exclusive.(7)The State Government may, by notification in the Official Gazette, authorise any officer not below the rank of Sub-divisional Magistrate, to discharge all or any of the functions of a Collector under this section.(8)The Collector shall for the purposes of this Act have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 when making enquiries under this section in respect of the following matters, namely :-(a)receiving evidence on affidavits;(b)summoning and enforcing the attendance of any person and examining him on oath ; and(c)compelling the production of documents.(9)All enquiries and proceedings under this section before the Collector and the appellate authority shall be deemed to be judicial proceeding and while discharging functions under this section the Collector and the appellate authority shall be deemed to be a Court,Explanation. - For the purposes of this section the Collector shall include 'Additional Collector' and any officer specially authorised under sub-section (7)."
