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
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
President for the Amending Act 17/80, the provisions of the Act to that extent being repugnant to the Essential Commodities Act cannot prevail ... also.
20. The fourth contention relates to Section 65 and Section 65-A of the Act. Section 65 empowers the Market Committee
Section 3 of the Act, is to secure equitable distribution and availability at fair price of specified commodities. Section 2 (a) defines " essential commodity ... sell any essential commodity under this provision. Sub-section (3) of Section 3 runs thus:
Where any person sells any essential commodity in compliance with
essential
commodities and trade and commerce therein. He further submits
that the provisions of sub-section (2) of Section 3 of the Essential
Commodities Act ... held that Punjab Essential Commodities (Regulation
of Sale) Order, 1966 is ultra vires Section 3 of the Essential
Commodities Act and is beyond the scope
