Section 6C
Appeal.
The Essential Commodities Act, 1955
About this Act
An Act to provide, in the interest of the general public, for the control of the production, supply and distribution of, and trade and commerce, in certain commodities.
1[6C. Appeal.--(1) Any person aggrieved by an order of confiscation under section 6A 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 6A is 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 6A, the person concerned is acquitted, and in either case it is not possible for any reason to 2[return the essential commodity seized ], 3[such persons shall, except except as provided by sub-section (3) of section 6A, be paid] the price therefore 4[as if the essential commodity,] had been sold to the Government with reasonable interest calculated from the day of the seizure of 5[the essential commodity] 6[and such price shall be determined--
(i) in the case of food grains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3B) of section 3;
(ii) in the case of sugar, in accordance with the provisions of subsection (3C) of section 3 ; and
(iii) in the case of any other essential commodity, in accordance with the provisions of subsection (3) of section 3.]]
(2) Where an order under section 6A is 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 6A, the person concerned is acquitted, and in either case it is not possible for any reason to 2[return the essential commodity seized ], 3[such persons shall, except except as provided by sub-section (3) of section 6A, be paid] the price therefore 4[as if the essential commodity,] had been sold to the Government with reasonable interest calculated from the day of the seizure of 5[the essential commodity] 6[and such price shall be determined--
(i) in the case of food grains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3B) of section 3;
(ii) in the case of sugar, in accordance with the provisions of subsection (3C) of section 3 ; and
(iii) in the case of any other essential commodity, in accordance with the provisions of subsection (3) of section 3.]]
Notes
1. Ins. by Act 25 of 1966, s. 3 (w.e.f. 3-9-1966)..
2. Subs. by Act 36 of 1967, s. 6, for "return the foodgrains or edible oilseeds or edible oils seized" (w.e.f. 30-12-1967).
3. Subs. by Act 92 of 1976, s. 6, for "such person shall be paid".
4. Subs. by Act 36 of 1967, s. 6, for "as if the foodgrains, edible oilseeds or edible oils, as the case may be," (w.e.f. 30-12-1967).
5. Subs. by s. 6, ibid., for "articles" (w.e.f. 30-12-1967).
6. Subs. by s. 6, ibid., for "and such price shall be determined in accordance with the provisions of sub-section (3B) of section 3 (w.e.f. 30-12-1967).
2. Subs. by Act 36 of 1967, s. 6, for "return the foodgrains or edible oilseeds or edible oils seized" (w.e.f. 30-12-1967).
3. Subs. by Act 92 of 1976, s. 6, for "such person shall be paid".
4. Subs. by Act 36 of 1967, s. 6, for "as if the foodgrains, edible oilseeds or edible oils, as the case may be," (w.e.f. 30-12-1967).
5. Subs. by s. 6, ibid., for "articles" (w.e.f. 30-12-1967).
6. Subs. by s. 6, ibid., for "and such price shall be determined in accordance with the provisions of sub-section (3B) of section 3 (w.e.f. 30-12-1967).