cases of beneficial
legislation.
HEADNOTE:
Sub-section (1) of section 3 of the Essential Commodities
Act, 1955 which is placed in the Ninth Schedule ... purpose of the provisions of sub-section
(1) and 2(c) of Section 3 of the Essential Commodities Act
1955 is to ensure the availability
Constitution.
Section 3 of the Act authorised the making of an order to
achieve two objects, for maintaining or increasing supplies
of essential commodities ... entrusting wholesale distribution of sugar
which is an essential commodity under the Essential Com-
modities Act, 1955, to Co-operative Societies only and
excluding other
Essential Commodities Act. The dominant object of Section 3 of the Act is maintenance of or increase in supplies of any essential commodity ... distribution of an essential commodity and trade and commerce therein. Clause (c) of Sub-section (2) of Section 3 of the Act lays down that
Explanation to Sub-section (1) of Section 3 of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act ... Explanation to Sub-section (1) of Section 3 of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act
Police Station Hathras Gate, Hathras, District Aligarh u/S, 3 / 7 , Essential Commodities Act, Crime Case No. 45, both as against the Proprietor Shyam ... Maurya, Proprietor of the petitioner, from the charges u/S. 3 / 7 , Essential Commodities Act, but the Manager of the petitioner, Satya Pal Singh
impugned Act cannot operate in the same field.
Section 6 of the Essential Commodities Act, 1955 contains a
non-obstante clause. Clause ... under the
Cotton Textiles (Control) Order, 1948 issued under Section 3
of the Essential Commodities Act, 1955. However, experience
showed that these orders were challenged
Kumar, AIR 1952 Cal 502).
Sub-section (3B) was inserted in Section 3 of the Essential Commodities Act 14 years after this pronouncement ... order under clauses (a), (c) or (f) of Section 3 (2) of the Essential Commodities Act, but no concurrence has so far been obtained
commodities, 'Essential Commodity' there is defined to mean any of the following classes of the commodities:
i)... ... ... ... ...
(v) any other class of commodity ... commerce in, any essential commodity.
(20) In exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955, the Central Government promulgated
maintaining the supply and distribution of the Essential Commodities. The powers under the Essential Commodities Act
is normally exercised for short duration and for dealing ... main tenance and supply of Essential Commodities. The petitioners respectfully submit that the power under the Essential Commodities Act cannot be exercised as a permanent
exists today.
The un-amended and amended Section 12A of the Act:
The un-amended Section 12-A of the Act reads as follows ... Section 12-A of the Act, by Act No. 16 of 2003, are as under:
"Whereas, Section 12-A of the Andhra Pradesh