Section 5 in The Essential Commodities (Bihar Amendment) Act, 1977
5. Substitution of new section for Section 6-C of Act X of 1955.
- For Section 6-C of the said Act, the following section shall be substituted, namely:-"6-C. Appeal. - (1) Any person aggrieved by an order of confiscation under Section 6-A may, within one month from the date of the communication to him of such order, appeal to any judicial authority appointed by the State Government concerned and the judicial authority shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against.(2)Where an order under Section 6-A modified or annulled by such judicial authority, or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under Section 6-A, the person concerned is acquitted, and in other case it is not possible for any reason to return the essential commodity seized, such person shall, save as provided by subsection (3) of Section 6-A, be paid the price therefor as if the essential commodity had been sold to the Government with reasonable interest calculated from the day of the seizure of the essential commodity and such price shall be determined-(i)in the case of foodgrains, edible oil-seeds or edible oils, in accordance with the provisions of sub-section (3-B) of Section 3 ;(ii)in the case of sugar, in accordance with the provisions of sub-section (3-C) of Section 3; and(iii)in the case of any other essential commodity, in accordance with the provisions of sub-section (3) of Section 3."
