A. (1) Where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, a

report to that effect shall, without any unreasonable delay, be sent to the Collector within whose jurisdiction the seizure is made; and the Collector may, if he thinks it expedient so to do, inspect or cause to be inspected such essential commodity, and whether or not a prosecution is instituted for the contravention of such order, the Collector, if satisfied that there has been contravention of the order, may order confiscation of-- (a) the essential commodity so seized ; (b) any package, covering or receptacle in which such essential commodity is found ; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity : Provided that, without prejudice to any action that may be taken under any other provision of this Act, no foodgrains or edible oilseeds, seized in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized foodgrains or edible oilseeds have been produced by him, be confiscated under this section : Provided further that, where any animal, vehicle, vessel or other conveyance is used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay in lieu of its confiscation a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried. (2) Where the Collector on receiving a report of seizure or on inspection of any essential commodity under sub-section (1) is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise expedient in the public interest so to do, he may order the same to be sold at the controlled price, if any, fixed under any law for the time being in force, or where no such price is fixed, by auction : Provided that, in the case of foodgrains where there is no controlled price, the Collector may order the foodgrains seized to be sold through fair price shops at the price fixed by the Central Government or the State Government, as the case may be, for the sale of such foodgrains to the public through these shops : Provided further that, whenever it is practicable so to do, having regard to the nature of the essential commodity, he shall take and preserve sample of the same before its sale or auction. (3) Where any essential commodity is sold as aforesaid, the sale proceeds thereof, after deduction of the expenses of the sale or auction, as the case may be, shall-- (a) where no order of confiscation is ultimately passed by the Collector ; or (b) where an order passed on appeal under sub-clause (1) of section 6-C so requires ; or (c) in the case of a prosecution being instituted for the contravention of the order in respect of which an order of confiscation has been made under this section, where the person concerned is acquitted,-- be paid to the owner thereof or the person from whom it is seized : Provided that, in the case of foodgrains sold through fair price shops in accordance with the first proviso to sub-section (2), the owner shall be paid for the foodgrains so sold the price fixed by the State Government, for retail sale of such foodgrains through such shops, less all expenses of sale or auction under sub-section (2). 5. Amendment of section In section 6-C of the principal Act, in sub-section (2), for the words “ such person shall be paid ” the words, brackets, figures and letter “ such person shall, except as provided by sub-section (3) of section 6-A, be paid ” shall be substituted. 6. Validation Notwithstanding anything contained in any judgment, decree or order of any Court, any order relating to foodgrains made by the State Government under section 3 of the principal Act, with reference to clause (f) of sub-section (2) of that section, before the commencement of this Act, shall be deemed to have been made under the said section 3 as amended by section 3 of this Act if section 3 of this Act was always in operation and accordingly any such order shall be valid and shall always be deemed to be valid.