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16. In Mahendra Kumar Goyal v. Addl. Commissioner, the question before the Division Bench of this Court was whether the provisions of Section 5 of the Limitation Act can be made applicable to the appeals filed under Section 6-C of the Essential Commodities Act, 1955 and the Orders made thereunder. The Division Bench of this question considering the provisions of Section 29(2) of the Limitation Act, held as under:

In view of Section 29(2) of the Limitation Act, 1963, Sections 4 to 24 of the said Act are applicable to the proceedings not only before the Civil Court, but also before all other authorities and not only to the proceedings under the Civil Procedure Code, but to all other proceedings even under the Special or local law, provided two conditions, namely (1) that the special or local law does not exclude the operation of the Limitation Act, 1963; and (2) that the limitations prescribed under the special or local law is different from what is prescribed under the schedule to the Limitation Act (exist). The same is a stare decisis traceable to Article 141 and is the law of the land. As such, all other judgments holding contra are inapplicable and the judgments of this Court, be it of single Judge or Full Bench referred to above stood impliedly overruled.

17. Upon considering the applicability of the provisions of Section 5 of the Limitation Act to the appeals under Section 6-C of the Essential Commodities Act and the Orders made thereunder, the Division Bench of this Court held thus: E.C. Act is a special law. Under the said Act, appeal is maintainable against the orders of the primary authority, if filed, within a period of one month of communication. In some orders passed in exercise of the powers under Section 3 of the Essential Commodities Act like A.P. Scheduled Commodities (Regulation and Distribution by Card System) Order, 1973, the period of limitation prescribed for appeal is 30 days from the date of communication. As such, the period of limitation prescribed therein are different from what is prescribed in the schedule appended to the Limitation Act and in fact, the Limitation Act does not prescribe any such limitation to the appeals filed under E.C. Act or under the Orders issued thereunder. Neither E.C. Act nor the Orders issued thereunder exclude the operation of the Limitation Act. If that be so, Section 29(2) of the Limitation Act, 1963 is applicable and as a necessary corollary, Sections 4 to 24 thereof automatically apply to the appeals under Section 6-C of the E.C. Act, 1955 and also under the orders issued in exercise of the powers under Section 3 of the said Act.