Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980
(1) This Act may be called the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 5th day of October, 1979.
In this Act, unless the context otherwise requires.
(a) "appropriate Government" means, as respects a detention order made by Central Government or by an officer of the Central Government or a person detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer of a State Government or as respects a person detained under such order, the State Government;
(b) "detention order" means an order made under Section 3;
(c) "State Government", in relation to a Union territory, means the Administrator thereof.
CASE LAWS
Interpretation - There is one principle on which there is complete unanimity of all Courts in the world and this is that where th
(1) The Central Government or a State Government or any officer of the Central Government, not below the rank of a Joint Secretary to that Government specially empowered for the purposes of this section by that Government, or any officer of a State Government, not below the rank of a Secretary to that Government, specially empowered for the purposes of this Section by that Government, may, if satisfied, with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community it is necessary so to do, make an order directing that such person be detained.
Explanation- For the purposes of this sub-section, the expression "acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community" means -
(a) co
A detention order may be executed at any place in India in the manner provided for the execution of warrant of arrest under the Code of Criminal Procedure, 1973 (2 of 1974).
Every person in respect of whom a detention order has been made shall be liable -
(a) to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline, as the appropriate Government, may, by general or special order specify; and
(b) to be removed from one place of detention to another place of detention, whether within the same State or in another State, by order of the appropriate Government.
Provided that no order shall be made by a State Government under Clause (b) for the removal of person from one State to another State except with the consent of the Government of that other State.
CASE LAW
It has been laid down con
No detention order shall be invalid or inoperative merely by reason -
(a) that the person to be detained there under is outside the limits of the territorial jurisdiction of the Government or officer making the order, or
(b) that the place of detention of such person is outside the said limits.
(1) If 1[the appropriate Government or an officer mentioned in Sub-section (2) of Sec.3, as the case may be] has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that Government 2[or officer] may -
(a) make a report in writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of Secs. 82, 83 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of the said person and his property as if the order directing that he be detained where a warrant issued by the Magistrate;
(b) by order notified in the Official Gazette direct the said person to appear before such offic
(1) When a person is detained in pursuance of a detention order the authority making the order shall, as soon as may be, but ordinarily not later that five days and in exceptional circumstances and for reasons to be recorded in writing not later that ten days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making representation against the order to the appropriate Government.
(2) Nothing in Sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose.
CASE LAW
The detaining authority has served on the detenu on 9th July, 1983, the copy of the grounds and also 28 sheets containing the translation of the grounds in Telugu. Various stateme
(1) The Central Government and each State Government shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act.
1[(2) Every such Board shall consist of three persons who are, or have been or are qualified to be appointed as, Judges of High Court, and such persons shall be appointed by the appropriate Government.
(3) The appropriate Government shall appoint one of the members of the Advisory Board who is or has been a Judge of a High Court to be its Chairman, and in the case of a Union territory, the appointment to the Advisory Board of any person who is a Judge of the High Court of a State shall be with the previous approval of the State Government concerned.]
1. Substituted by Act 19 of 1981 published in the Gazette of India Extraordinary, Pt. II. Sec 1. dated 2.9.1981.
Save as otherwise expressly provided in this Act, in every case where a detention order has been made under this Act, the appropriate Government shall, within three weeks from the date of detention of a person under the order place before the Advisory Board constituted by it under Sec. 9, the grounds on which the order has been made and the representation, if any made by the person affected by the order, and in case where the order has been made by an officer referred to in Sub-section (2) of Sec.3, also the report by such officer under Sub-section (3) of that Section.
(1) The Advisory Board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from the appropriate Government or from any person called for the purpose through the appropriate Government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the appropriate Government within seven weeks from the date of detention of the person concerned.
(2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned.
(3) When there is a difference of opinion among the members forming the Advisory Board the
(1) In any case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit.
(2) In any case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the person to be released forthwith.
CASE LAW
Detention order - There is no necessity to give the reasons for confirming the detention by the State Government acting on the report of the Advisory Board : 2007 (Supp.-I) OLR 555.
The maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under Sec.12 shall be six months from the date of detention :
Provided that nothing contained in this Section shall affect the power of the appropriate Government to revoke or modify the detention order at any earlier time.
(1) Without prejudice to the provisions of Sec.21 of the General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified,
(a) notwithstanding that the order has been made by an officer of the State Government, by that State Government or by the Central Government;
(b) notwithstanding that the order has been made by an officer of a Central Government or by the State Government, by the Central Government.
(2) The revocation or expiry of a detention order shall not bar the making of fresh detention order under Section 3 against the same person in any case where fresh facts have arisen after the date or revocation or expiry on which the Central Government or a State Government or an officer, as the case may be, is satisfied that such an order should be made.
(1) The appropriate Government may, at any time, direct that any person detained in pursuance of a detention order may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.
(2) In directing the release of any person under Sub-section (1) the appropriate Government may require him to enter into a bond with or without sureties for the due observance of the conditions specified in the direction.
(3) Any person released under Sub-section (1) shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release as the case may be.
(4) If any person fails without sufficient cause to surrender himself in
No suit or other legal proceeding shall lie against the Central Government or a State Government and no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done in pursuance of this Act.
(1) The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Ordinance, 1979 (10 of 1979), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under this corresponding provisions of this Act.
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