The Odisha Essential Articles Control and Requisitioning (Temporary Powers) Act, 1955

The Odisha Gazette

EXTRAORDINARY PUBLISHED BY AUTHORITY No. Date : 18th June I955

Orissa Act No. 7 OF 1955

*THE ORISSA ESSENTIAL ARTICLES CONTROL AND REQUISITIONING (TEMPORARY POWERS) ACT 1955

[Received the assent of the President on the 5th June 1955, first published in an extraordinary issue of the Orissa Gazette, dated the 18th June I955 ]

ANACT T0 PROVIDE FORTHE CONTIINUANCE DURINGA LIMITED PERIOD OF POWERS TO CONTROL THE PRODUCTION, PROCESSING, SUPPLY, DISTRIBUTION,TRANSPORT AND PRICES OF ESSENTIAL ARTICLESANDTRAD AND COMMERCETHEREINAND REQUISITIONING OF PROPERTY

WHEREAS it is expedient to provide for the continuance during a limited period of powers to control the production, processing, supply, distribution, transport and prices of eesential articles and of trade and commerce therein and for requisitioning of property ;

It is hereby enacted by the Legislature of the State of Orissa in the Sixth Year of the Republic of India, as follows :-

(1) This Act maybe called the Orissa Essential Articles Control and Requisitioning (Temporary Powers) Act, 1955. (2) It extends to the whole of the State of Orissa. (3) It shall come into force at onoe. (4) It shall cease to have effect on the 26th day of January 1963 except as respects things done or omitted to be done before the expiration thereof and section 5 of the Orissa General Clauses Act, 1937, (Orissa Act 1 of 1937) shall apply upon the expiry of this Act as if it had then been repealed by an Orissa Act.

In this Act, unless there is anything repugnant in the subject or context- (a) “essential articles” means any of the articles which is specified in the Schedule to this Act and any other article which may be declared by the State Government by notified order to be an essential article; (b) “notified order ” means an order notified in the Gazette ; (c) “ undertaking " means any undertaking by way of any trade or business and includes the occupation of handling, loading or unloading goods in the course of transport.

(1) The State Government, so far as it appears to them to be necessary or expedient for maintaining, increasing or securing supplies of essential articles or for arranging for their equitable distribution and availability at fair prices or for directing, maintaining, or increasing the production of any essential article, may, by notified order, provide for regulating or prohibiting the production, supply, distribution and transport of essential articles and trade and commerce therein. (2) Without prejudice to the generality of the powers conferred by sub-section (1), any order made thereunder may provide- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential articles ; (b) for controlling the prices at which my essential article may be bought or sold ; (c) for prohibiting or regulating by licences permits or otherwise the storage, distribution, transport, disposal, acquisition, use or consumption of any essential article ; (d) for prohibiting the withholding from sale of any essential article ordinarily kept for sale ; (e) for requiring any person holding stocks of an essential article to sell them at fair prices to specified persons or class of persons or in specified circumstances; (f) for regulating or prohibiting any class of commercial or financial transactions relating to any essential article, which in the opinion of the State Government are, or if unregulated, are likely to be detrimental to the public interest; (g) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters ; (h) for requiring persons engaged in the production, supply or distribution of or trade or commerce in any essential articles to declare their stocks of essential articles, to maintain and allow inspection of or produce for inspection any books, account and records relating to their business and to furnish any other information relating thereto ; (i) for regulating the processing of my essential article ; (j) for exercising over the whole or any part of an existing undertaking such functions of control and subject to such conditions, as may be specified in the order ; (k) for any incidental and supplementary matters including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorised to make such search of any article 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, the grant or issue of licences, permits or other documents, and the charging of fees therefor.

(1) If in the opinion of the State Government it is necessary or expedient so to do for maintaining increasing or securing supplies of any essential article or for arranging for its equitable distribution and availability at fair prices or for directing, maintaining or increasing the production of any essential article, the State Government may, by order in writing requisition any property, movable or immovable, and may make such further orders as appear to them to be necessary or expedient in connection with such requisitioning : Provided that no property used for the purpose of religious worship shall be requisitioned under this seetion: Provided further that buildings solely used for residential purposes shall not ordinarily be requisitioned. (2) Where the State Govemmnnt have requisitioned any property under sub-section (1), they may use or deal with the property in such manner as may appear to them to be expedient and may acquire it by serving on the owner thereof, or where the owner is not readily traceable or the ownership is in dispute, by publishing in the Gazette, a notice stating that the State Government have decided to acquire it in pursuance of this section. (3) Where anotice of acquisition is served on the owner of the property or is published in the Gazette under sub-section (2), then, at the beginning of the day on which the notice is so served or published, the property shall vest absolutely in the State Government free from all encumbrances and the period of requisition thereof shall end.

(1) Whenever in pursuance of section 4 any movable or immovable property is requisitioned or acquired, there shall be paid compensation determined in the manner and in accordance with the principles hereinafter set out, that is to say- (a) where the amount of compensation can the fixed by agreement, it shall be paid in accordance with such agreement ; (b) where no such agreement can be reached, the State Government shall appoint, as arbitrator, the Distriet Judge or Subordinate Judge having jurisdiction over the area in which the movable property is requisitioned or acquired or in which the immovable property is situated ; (c) at the commencement of the proceedings before the arbitrator, the State Government and the person to be compensated shall state what in their respective opinions is at fair amount of compensation; (d) the arbitrator in making his award shall have regard- (i) in the ease of movable property, to its market value; (ii) in the case of immoveble property, to the provisions of sub-section (1) of section 23 of the Land Acquisition Act 1894,(Act 1 of 1894) so far as the same can be made applicable and to the fact whether the acquisition is of a permenent or temporary character : Provided that where any property requisitioned is subsequently acquired, the arbitrator, in any proceedings in connection with such acquisition shall, for the purposes of this clause, take into consideration the market value of the property at the date of the requisition as aforesaid and not at the date of the subsequent acquisition. (e) an appeal shall lie to the High Court against the award of an arbitrator where the amount of the award is two thousand rupees and above; Explanation- ln the case of periodical payments, the amount of the award for the purposes of this clause shall be eomputed at five times the amount payable for one year. (f) save as provided in this sention and in any rules made under this Act, nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section. (2) The State Government may, with a view to requisitioning or acquiring any property under section 4, by order- (a) require any person to furnish to such authority as may be specified in the order such information in his possesion relating to the property as may be so specified ; (b) direct that the owner, occupier or person in possession of the property shall not, without the permission of the State Government dispose of it or where the property is a building, structurally alter it or where the property is movable, remove it from the premises in which it is kept, until the expiry of such period as may be specified in the order. (c) at the commencement of the proceedings before the arbitrator, the State Government and the person to be compensated shall state what in their respective opinions is at fair amount of compensation; (d) the arbitrator in making his award shall have regard— (i) in the ease of movable property, to its market value; (ii) in the case of immoveble property, to the provisions of sub-section (1) of section 23 of the Land Acquisition Act 1894,(Act 1 of 1894) so far as the same can be made applicable and to the fact whether the acquisition is of a permenent or temporary character : Provided that where any property requisitioned is subsequently acquired, the arbitrator, in any proceedings in connection with such acquisition shall, for the purposes of this clause, take into consideration the market value of the property at the date of the requisition as aforesaid and not at the date of the subsequent acquisition. (e) an appeal shall lie to the High Court against the award of an arbitrator where the amount of the award is two thousand rupees and above; Explanation- ln the case of periodical payments, the amount of the award for the purposes of this clause shall be eomputed at five times the amount payable for one year. (f) save as provided in this sention and in any rules made under this Act, nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section. (2) The State Government may, with a view to requisitioning or acquiring any property under section 4, by order— (a) require any person to furnish to such authority as may be specified in the order such information in his possesion relating to the property as may be so specified ; (b) direct that the owner, occupier or person in possession of the property shall not, without the permission of the State Government dispose of it or where the property is a building, structurally alter it or where the property is movable, remove it from the premises in which it is kept, until the expiry of such period as may be specified in the order.

(1) Where any property requisitioned under this Act, is to be released from such requisition, the State Government or any person generally or specially authorised by them in this behalf may, after such enquiry, if any, as they or he may in any case consider it necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given. (2) The delivery of possession of the property to the person specified in an order under sub-section (1) shall he a full discharge of the State Government from all liabilities in respect of the property, but shall not prejudice any rights in respect of the property, which, any other person may be entitled by a due process of law to enforce against the person to whom possession of the property is given.

(1) The State Government may, by notified order, authorise any officer or authority subordinate to the State Government, to exercise any one or more of the powers vested in them by or under this Act, except the power mentioned in section 17, in relation to such matters and subject to such restrictions and conditions, if any, a may be specified in the order. (2) The exercise of the powers delegated under sub-section (1) shall be subject to control and revision by the State Government or by such persons as may be empowered by them in that behalf. The State Government shall also halve power to control and revise the acts or proceedings of any persons so empowered.

Any order made under section 3 or section 4 shall have effect notwithstanding anything in consistent therewith contsined in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.

(1) Every authority or officer who makes any order in writing in pursuance of any of the provisions of this Act shall, in the case of an order of a general nature affecting a class of persons, publish such order by a notification in such manner as may, in the opinion of such authority or officer, be best suited for informing the persons whom the order concerns. Where the order is not of s general nature, the authority or officer may serve the order or cause it to be served on the persons concerned - (a) personally by delivering or tendering him the order ; or (b) by sending him an authenticated copy of the order by post ; or (c) where the person can not be found, by leaving an authenticated copy of the order with some adult male member of his family or by affixing it to any part of the premises in which he is known to have last resided or carried on business or personally worked for gain. (2) Where any provision of this Act empowers an authority or officer to take action by notified order, the provisions of sub-section (I) shall not apply in relation to such order.

(1) If any person contravenes any order made under section 3 or section 4, he shall be punishable with imprisonment for at 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 the State Government : Provided that where the contravention is of an order relating to an essential article which contains an express provision in this behalf, the Court shall make such direction, unless for reason to be recorded in writing, it is of opinion that the direction should not be made in respect of the whole or, as the case may be, a part of the property. (2) Where any essential article is seized under the authority of an order made under this Act and such order provides for the forfeiture of the article in respect of which the order has been contravened, such forfeiture may whether or not any prosecution is instituted for a contravention of the order, be adjusted by the Collector of the district in which the seizure was made, and any forfeiture so adjudged shall, subject only to an appeal which shall lie to the State Government, be final: Provided that an adjudication of forfeiture under sub-section shall be no bar to the prosecution, or punishment of any person under sub-section (1). (3) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for any Magistrate of the first class specially empowered by the State Govermnent in this behalf to pass a sentence of fine exceeding Rs. 1,000 on any person convicted of contravening an order made under this Act. (4) If any person to whom any provision of any order made under this Act relates, or to whom any such provision is addressed or who is in occupation, possession or control of any land, building, vehicle, vessel or other thing to which such provision relates - (a) fails, without lawful authority or excuse, himself or in respect of any land, building, vehicle, vesel or other thing of which he is in occupation, possession or control to comply, or to secure compliance, with such provision ; or (b) evades, or attempts to evade, by any means, such provision, he shall be deemed to have contravened such provision ; and in this Act, the expression “contravention” with its gramatioal variations includes any such failure, evasion or attempt to evade.

Any person who attempts to contravene or abets or attempts to abet or does any act preparatory to a contravention of an order made under the provisions of this Act shall be deemed to have contravened the order; and any person who knowing or having reasonable cause to believe that any other person is contravening any order made under any of the provisions of this Act, gives that other person any assistance with intent thereby to prevent, hinder or otherwise interfere with his arrest, trial or punishment for the said contravention, shall also be deemed to have contravened the order.

If the person who contravenes or is deemed to contravene an order made under section 3 or section 4 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.

No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the feet constituting such offence made by a person who is a public servant as defined in section 21 of the Indian Penal Code (XLV of 1860).

Where any person is prosecuted for contravening any order made under this Act which prohibits him from doing an act or being in possession of a thing without lawful authority or excuse or without a permit, licence, certificate or permission, the burden of proof that he has such authority or excuse or, as the case may be, the requisite permit, licence, certificate or permission shall be on him.

(1) No Court,shall, in any Suit in which the validity of an order issued or action taken under this Act is in question, have power to issue any injunction whether permanent or temporary, so as to restrain the State Government or any authority or officer empowered by or under this Act from executing or carrying out any order passed by them or by him under this Act, or in any way interfere with or affect such order. Nothing contained in this section shall be deemed to prevent the Court from granting in the suit any relief by way of compensation to which the party may be entitled. (2) Where an order purports to have been made and signed by any authority in exercise 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.

(1) No suit, prosecution or other legal preoeeding 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 or section 4. (2) No suit or other legal proceeding shall lie against the State Government 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 or section 4.

(1) The State Government may by notification, make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the procedure to be followed in arbitration under this Act ; and (b) the principles to be followed in apportioning costs of proceedings before the arbitrator and on appeal.

Notwithstanding anything in any law or any judgment, decree or order of any court- (a) the Orissa Essential Articles Control and Requisitioning (Temporary Powers) Act, 1950 shall be deemed to have been validly amended and continued in force by the Orissa Essential Articles Control and Requisitioning (Temporary Powers) (Amendment) Act, 1952 and the Orisse Essential Articles Control and Requisitioning (Temporary Powers) (Amendment) Ordinance, 1955 ; and (b) for the removal of doubts it is hereby declared that all rules, orders or appointments made, licences or permits granted, things done and directions issued or purporting to have been so made, granted, done or issued under the aforesaid enactments shall be deemed to have been validiy made, granted, issued and done under this Act, and to have continued in force as fully and effectively as if this Act had been in force on the dates on which the said rules, orders, appointments, licences, permits, things and directions were made, granted, done or issued : Provided that nothing contained in this Act shall render any person liable to any punishment or penalty whatsoever by reason of anything done or omitted to be done by him between the 1st day of January 1953 and the date of commencement of this Act.

(i) Manures other than chemical fertilisers ; (ii) Hides and skins ; (iii) Kendu leaves ; (iv) Petal Garud ; and (v) Horns and Bones.