The Gujarat Essential Commodities and Cattle (Control) Act, 2005

Short title, extent and commencement. -

1. (1) This Act may be called the Gujarat Essential Commodities and Cattle (Control) Act, 2005.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions. - In this Act, unless the context otherwise requires, -

1. (a) "cattle" means any bull, bullock, cow, heifer, calf or buffalo;
2. (b) "essential commodity" means any essential commodity as defined in clause
3. (a) of section 2 of the Essential Commodities Act, 1955 (10 of 1955) and includes such other commodities as the State Government may, by notification in the Official Gazette, declare to be essential commodities for the purpose of this Act;
4. (c) "Government" means the Government of Gujarat.

Powers to control production, supply, distribution, etc., of essential commodities and cattle.

1. (1) If the State Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, or for maintaining or increasing the supply of cattle or for securing their equitable distribution and their welfare, it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein.
2. (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;
   • (c) for controlling the price at which any essential commodity or cattle may be bought or sold;
   • (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of any essential commodity or cattle;
   • (e) for prohibiting the withholding from sale of any essential commodity kept for sale;
   • (f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity or cattle—
     • (i) to sell the whole or a specified part of the quantity held in stock or produced or received by him, or
     • (ii) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the State Government or an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances

Delegation of powers.—The State Government may, by notification in the Official Gazette, direct that all or any of the powers which may be exercised by it under this Act, shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised also by—

1. (a) such officer or authority subordinate to the State Government; or
2. (b) such Deputy Commissioner or such other officer not below the rank of a Deputy Collector or Mamlatdar as may be specified in the notification.

1. (1) Where any order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a court shall, within the meaning of the Indian Evidence Act, 1872, presume that such order was so made by that authority.
2. (2) The provisions of section 3 shall apply to an order which—
   • (a) is made before the commencement of this Act; or
   • (b) is made by an officer or authority subordinate to the State Government.

1. (1) If any person contravenes any order made under section 3, he shall, on conviction, be punishable—
   • (a) in the case of a first offence, with rigorous imprisonment for a term which may extend to one year and shall also be liable to fine;
   • (b) in the case of a second or subsequent offence, with rigorous imprisonment for a term which may extend to two years and shall also be liable to fine.
2. (2) If any person to whom a direction is given under any order made under section 3 fails to comply with the direction, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.

Offences by companies.

1. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,—
   • (a) "company" means any body corporate and includes a firm or other association of individuals; and
   • (b) "director" in relation to a firm, means a partner in the firm.

Cognizance of offences. No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by the State Government or by any officer or authority authorized by the State Government in this behalf.

Power to arrest without warrant.—

1. (1) Any police officer not below the rank of a Sub-Inspector may arrest without warrant any person against whom a reasonable suspicion exists that he has committed any offence punishable under this Act.

Protection of action taken in good faith.— No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the regulation or prohibition of the production, supply and distribution of, and trade and commerce in, any essential commodity;
   • (b) the collection of any information or statistics with a view to regulating or prohibiting any of the aforesaid matters;
   • (c) the persons by whom, and the manner in which, any notification or order under this Act shall be authenticated;
   • (d) any other matter which is to be, or may be, prescribed under this Act.
3. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.
4. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

Power to exempt. The State Government may, if it is of opinion that it is necessary or expedient in the public interest so to do, by notification in the Official Gazette and subject to such conditions, if any, as may be specified in the notification, exempt any person or class of persons or any essential commodity or cattle from all or any of the provisions of this Act or any order made thereunder.

Repeal and saving. —

1. (1) The Gujarat Essential Commodities and Cattle (Control) Ordinance, 2005 is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.