Section 3 in Kerala Essential Articles Control Act, 1986
3. Power to control production, supply distribution, etc., of essential articles.
(1)If the Government are of opinion that it is necessary or expedient so to do for maintaining or increasing the supplies of any essential article or for securing their equitable distribution and availability at fair prices, they may, by notified order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein.(2)Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide-(a)for regulating by licences, permits or otherwise the production or manufacture of any essential article;(b)for controlling the price at which any essential article may be bought or sold ;(c)for 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 requiting any person holding in stock any essential article to sell the whole or a specified part of the stock to the Government or to an officer or agent of the Government or to such other person or class of persons and in such circumstances as may be specified in the order ;(f)for regulating or prohibiting any class of commercial or financial transactions relating to any essential article, which, in the opinion of the authority making the order, 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 article to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order;(i)for regulating the processing of any 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.(3)Where any person sells any essential article in compliance with an order made with reference to clause (e) of sub-section (2), there shall be paid to him the price therefor, as hereinafter provided:-(a)where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon the agreed price ;(b)where no such agreement can be reached, the price calculated with reference to the controlled price, if any ;(c)where neither clause (a) not clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale.
