[Act 24 of 1946] [19th November, 1946] An Act to provide for the continuance during a limited period of powers to control the production, supply and distribution of, and trade and commerce in, certain commodities Whereas it is necessary to provide for the continuance during a limited period of powers to control the production, supply and distribution of, and trade and commerce in, foodstuffs (including edible oilseeds and oils), cotton and woollen textiles, paper, (including newsprint), petroleum and petroleum products, spare parts of mechanically propelled vehicles, coal, iron, steel and mica; And whereas the Indian Legislature has been empowered by Section 2 of the India (Central Government and Legislature) Act, 1946 (9 and 10 Geo. 6, c. 39), to make laws with respect to the matters aforesaid; It is hereby enacted as follows:--

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S.9 Offences by portions.--

If the person contravening an order made undo Section 3 is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.

S.10 False statements.--

If any person--

(i) when required by any order made under Section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or

(ii) makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish,

he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

S.11 Cognizance of offence and XLV of 1898.--

No Court shall take cognizance of any offence punishable under this Aft except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in Section 21 of the Penal Code.

S.12 Power to try offence summarily and V of 1898.--

Any magistrate or bench of magistrates empowered for the time being to try in a summary way the offences specified in sub-section (1) of Section 260 of the Code of Criminal Procedure, 1898, may, on application in this behalf being made by the prosecution, try in accordance with the provisions contained in Sections 262 to 265 of the said Code any offence punishable under this Act.

S.13 Special provision regarding fines and V of 1898.--

Notwithstanding anything contained in Section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any Magistrate of the First Class specially empowered by the Provincial Government in this behalf and for any Presidency Magistrate to pass a sentence of fine exceeding one thousand rupees on any person convicted of contravening an order made under Section 3.

S.14 Presumption as to orders.--

(1) No order made in exercise of any power conferred by or under this Act shall be called in question in any Court.

(2) Where an order purports to have been made and signed by an authority in exorcise of any power conferred by or under this Act, a Court shall, within the meaning of the Indian Evidence Act, 1872 (Act 1 of 1872), presume that such order was so made by that authority.

S.15 Burden of proof in certain cases.--

Where any person is prosecuted for contravening any order made under Section 3 which prohibits him from doing an act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document, shall be on him.

S.16 Protection of action taken under the Act.--

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made under Section 3.

(2) No suit or other legal proceeding shall lie against the Crown for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under Section 3.

S.17 Repeal and saving and XVIII of 1946.--

(1) The Essential Supplies (Temporary Powers) Ordinance, 1946, is hereby repealed.

(2) Any order made or deemed to be made under the said Ordinance and in force immediately before the commencement of this Act shall continue in force and be deemed to be an order made under this Act;

and all appointments made, licences or permits granted and directions issued under any such order and he force immediately before such commencement shall likewise continue in force and be deemed to be made, granted or issued in pursuance of this Act.

(3) For the removal of doubts it is hereby declared --

(a) that for the purposes of the said Ordinance and this Act an order of the nature referred to in Section 5 of the said Ordinance made before the commencement of the said Ordinance and not previously rescinded shall be deemed to be, and always to have been, an order in force immediately before such commencement, notwithstanding that such order or parts of it, may not then have

S.1 Short title extent and duration.--

(1) This Act may be called the Essential Supplies (Temporary Powers) Act, 1946.

(2) It extends to the whole of British India.

(3) It shall cease to have effect on the expiration of the period mentioned in Section 4 of the India (Central Government and Legislature) Act, 1946 (9 and 10 Geo. 6, c. 39), except as respects things done or omitted to be done before the expiration thereof, and Section 6 of the General Clauses Act, 1897 (X of 1897), shall apply upon the expiry of the Act as if it had then been repealed by a Central Act.

S.2 Definitions.--

In this Act, unless there is anything repugnant in the subject or context,--

(a) "essential commodity" means any of the following classes of commodities:--

(i) foodstuffs,

(ii) cotton and woollen textiles,

(iii) paper,

(iv) petroleum and petroleum products,

(v) spare parts of mechanically propelled vehicles,

(vi) coal,

(vii) iron and steel,

(viii) mica;

(b) "food-crops" shall include crops of sugarcane

(c) "foodstuffs" shall include edible oilseeds and oils

(d) "notified order" means an order notified in the official Gazette; (some words missing in the original Gazette) "paper" shall include newsprint;

(some words missing in the original Gazette) in relation to a Chief (some words missing in the original Gazette) the Chief Commis (some words missing in the original Gazette)

S.3 Powers to control production, supply distribution, etc. of essential commodities.--

(1) The Central Government, so far as it appears to it to be necessary or expedient for maintaining or increasing supplies of any essential commodity, or for securing their equitable distribution and a availability may by notified order provide for regulation or prohibiting the production, supply and distribution thereof and trade and commerce therein.

(2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide--

(a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity;

(b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise Maintaining or increasing the cultivation of food-crops generally, or of specified food-crops;

(c) for controlling the prices at which any essential commodity may be bought or sold;

S.4 Delegation of powers.--

The Central Government may by notified order direct that the power to make orders under Section 3 shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by--

(a) such officer or authority subordinate to the Central Government, or

(b) such Provincial Government or such officer or authority subordinate to a Provincial Government, as may be specified in the direction.

S.5 Power to issue directions to Provinces.--

The Central Government may give directions to any Provincial Government as to the carrying into execution in the Province of any order made under Section 3.

S.6 Effect of orders inconsistent with ether enactment.--

Any order made under Section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.

S.7 Penalties.--

(1) If any person contravenes any order made under Section 3, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both, and if the order so provides, any Court trying such contravention may direct that any property in respect of which the Court is satisfied that the order has been contravened shall be forfeited to His Majesty:

Provided that where the contravention is of an order relating to foodstuffs which contains an express provision in this behalf, the Court shall make such direction, unless for reasons to be recorded in writing it is of opinion that the direction should not he made in respect of the whole, or, as the case may be, a part, of the property.

(2) If any person to whom a direction is given under sub-section (4) of Section 3 fails to comply with the direction, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

S.8 Attempts and abetments.--

Any person who attempts to contravene, or abets a contravention of, any order made under Section 3 shall be deemed to have contravened that order.