Powers to control production, supply, distribution, etc.

§4

Summary

(1) If the State Government is of opinion that it is necessary or expedient so to do for maintaining or increasing the supply, or for securing the equitable distribution and availability at fair prices, of any essential commodity or cattle, it may, by order provide- (a) for regulating or prohibiting the production, supply and distribution of, or trade and commerce in such essential commodity; (b) for regulating the maintenance, movement, supply and distribution of, or trade and commerce in cattle. (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide- (a) for regulating by licence, permit or otherwise the production or manufacture of any essential commodity; (b) for regulating by licence, permit or otherwise the storage, movement, transport, distribution, disposal, acquisition, use or consumption of any essential commodity; (c) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; (d) for requiring any person holding in stock any essential commodity to sell the whole or a specified part, of the stock at such price to the Government or to an officer or agent of such Government or to such other person or class of persons, and in such circumstance, as may be specified in the order; (e) for controlling the price at which any essential commodity or cattle may be bought or sold; (f) for regulating by licence, permit or otherwise the movement, transport, distribution, disposal, acquisition, use and keeping of cattle; (g) for collecting any information or statistics with a view to regulating or prohibiting any of the matters aforesaid; (h) for requiring persons engaged in the production, supply or distribution of, or trade or commerce in, any essential commodity or cattle to maintain and produce for inspection, such books, accounts and records, relating to their business and to furnish such information relating thereto, as may be specified in the order; (i) for requiring owners as well as persons-in-charge of cattle to maintain and produce for inspection, such books, accounts and records relating to the number of cattle owned, controlled and maintained by them as may be specified in the order; (j) for any incidental and supplementary matters, including in particular the entering and search of premises, vehicles and vessels, the seizure by a person authorised to make such search of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, and of any vehicle, vessel or animal which he has reason to believe has been, is being or is about to be used for carrying such articles, the grant or issue of licences, permits or other documents and the charging of fees therefor. (3) Where any person sell any essential commodity in compliance with an order made with reference to clause (d) of sub-section (2), there shall be paid to him the price therefor as hereinafter provided :- (a) where the price can consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to such controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale.

(1) If the State Government is of opinion that it is necessary or expedient so to do for maintaining or increasing the supply, or for securing the equitable distribution and availability at fair prices, of any essential commodity or cattle, it may, by order provide- (a) for regulating or prohibiting the production, supply and distribution of, or trade and commerce in such essential commodity; (b) for regulating the maintenance, movement, supply and distribution of, or trade and commerce in cattle. (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide- (a) for regulating by licence, permit or otherwise the production or manufacture of any essential commodity; (b) for regulating by licence, permit or otherwise the storage, movement, transport, distribution, disposal, acquisition, use or consumption of any essential commodity; (c) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; (d) for requiring any person holding in stock any essential commodity to sell the whole or a specified part, of the stock at such price to the Government or to an officer or agent of such Government or to such other person or class of persons, and in such circumstance, as may be specified in the order; (e) for controlling the price at which any essential commodity or cattle may be bought or sold; (f) for regulating by licence, permit or otherwise the movement, transport, distribution, disposal, acquisition, use and keeping of cattle; (g) for collecting any information or statistics with a view to regulating or prohibiting any of the matters aforesaid; (h) for requiring persons engaged in the production, supply or distribution of, or trade or commerce in, any essential commodity or cattle to maintain and produce for inspection, such books, accounts and records, relating to their business and to furnish such information relating thereto, as may be specified in the order; (i) for requiring owners as well as persons-in-charge of cattle to maintain and produce for inspection, such books, accounts and records relating to the number of cattle owned, controlled and maintained by them as may be specified in the order; (j) for any incidental and supplementary matters, including in particular the entering and search of premises, vehicles and vessels, the seizure by a person authorised to make such search of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, and of any vehicle, vessel or animal which he has reason to believe has been, is being or is about to be used for carrying such articles, the grant or issue of licences, permits or other documents and the charging of fees therefor. (3) Where any person sell any essential commodity in compliance with an order made with reference to clause (d) of sub-section (2), there shall be paid to him the price therefor as hereinafter provided :- (a) where the price can consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to such controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale.

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