LexThe Prevention of Blackmarketing Act, 1980
Madhya Pradesh · state statute
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THE PREVENTION OF BLACKMARKETING AND MAINTENANCE OF SUPPLIES OF
ESSENTIAL COMMODITIES ACT, 1980
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ARRANGEMENT OF SECTIONS
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SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Power to make orders detaining certain persons.
4. Execution of detention orders.
5. Power to regulate place and conditions of detention.
6. Detention orders not to be invalid or inoperative on certain grounds.
7. Powers in relation to absconding persons.
8. Grounds of order of detention to be disclosed to person affected by the order.
9. Constitution of Advisory Boards.
10. Reference to Advisory Boards.
11. Procedure of Advisory Boards.
12. Action upon the report of Advisory Board.
13. Maximum period of detention.
14. Revocation of detention orders.
15. Temporary release of persons detained.
16. Protection of action taken in good faith.
17. Repeal and saving.
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THE PREVENTION OF BLACKMARKETING AND MAINTENANCE OF SUPPLIES OF
ESSENTIAL COMMODITIES ACT, 1980
ACT NO. 7 OF 1980
[12th February, 1980.]
An Act to provide for detention in certain cases for the purpose of prevention of black marketing
and maintenance of supplies of commodities essential to the community and for matters
connected therewith.
BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:—
1. Short title, extent and commencement. —(1) This Act may be called the Prevention of Black
marketing and Maintenance of Supplies of Essential Commodities Act, 1980.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 15th day of October, 1979.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appropriate Government ” means, as respects a detention order made by the Central
Government or by an officer of the Central Governm ent or a person detained under such order, the
Central Government, and as respects a detention order made by a State Government or by an officer
of a State Government or as respects a person detained under such order, the State Government;
(b) “detention order” means an order made under section 3;
(c) “State Government”, in relation to a Union territory, means the administrator thereof.
3. Power to make orders detaining certain persons. —(1) The Central Government or a State
Government or any officer of the Central Government, not below the rank of a Joint Secretary to that
Government specially empowered for the purposes of this section by that Government, or any officer of a
State Government, not below the rank of a Secretary to that Government specially emp owered for the
purposes of this section by that Government, may, if satisfied, with respect to any person that with a view
to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities
essential to the community it is necessary so to do, make an order directing that such person be detained.
Explanation.—For the purposes of this sub -section, the expression “acting in any manner prejudicial
to the maintenance of supplies of commodities essential to the community” means—
(a) committing or instigating any person to commit any offence punishable under the Essential
Commodities Act, 1955 (10 of 1955), or under any other law for the time being in force relating to
the control of the production, supply or distribution of, or trade and commerce in, any commodity
essential to the community; or
(b) dealing in any commodity—
(i) which is an essential commodity as defined in the Essential Commodities Act, 1955 (10 of
1955), or
(ii) with respect to which provisions have been made in any such other law as is referred to in
clause (a),
with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat
the provisions of that Act or other law aforesaid.
(2) Any of the following officers, namely:—
(a) district magistrates;
(b) Commissioners of Police, wherever they have been appointed,
may also, if satisfied as provided in sub-section (1), exercise the powers conferred by the said sub-section.
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(3) When any order is made under this section by an officer mentioned in sub -section (2), he shall
forthwith report the fact to the State Government to which he is subordinate together with the grounds on
which the order has been made and such other particulars as in his opinion have a bearing on the matter,
and no such order shall remain in force for more than twelve days after the making thereof unless in the
meantime it has been approved by the State Government:
Provided that where under section 8 the grounds of detention are communicated by the authority
making the order after five days but not later than ten days from the date of detention, this sub -section
shall apply subject to the modification that for the words “twelve days”, the words “fifteen days” shall be
substituted.
(4) When any order is made or approv ed by the State Government under this section or when any
order is made under this section by an officer of the State Government not below the rank of Secretary to
that Government specially empowered under sub -section (1), the State Government shall, withi n seven
days, report the fact to the Central Government together with the grounds on which the order has been
made and such other particulars as, in the opinion of the State Government, have a bearing o n the
necessity for the order.
4. Execution of detenti on orders.—A detention order may be executed at any place in India in the
manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (2 of
1974).
5. Power to regulate place and conditions of detention. —Every person in respect of whom a
detention order has been made shall be liable—
(a) to be detained in such place and under such conditions, including conditions as to
maintenance, discipline and punishment for breaches of discipline, as the appropriate Governm ent
may, by general or special order, specify; and
(b) to be removed from one place of detention to another place of detention, whether within the
same State or in another State, by order of the appropriate Government:
Provided that no order shall be made by a State Government under clause ( b) for the removal of a
person from one State to another State except with the consent of the Government of that other State.
6. Detention orders not to be invalid or inoperative on certain grounds.—No detention order shall
be invalid or inoperative merely by reason—
(a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of
the Government or officer making the order, or
(b) that the place of detention of such person is outside the said limits.
7. Powers in relation to absconding persons. —(1) If 1[the appropriate Government or an officer
mentioned in sub -section (2) of section 3, as the case may be,] has reason to believe that a p erson in
respect of whom a detention order has been made has absconded or is concealing himself so that the order
cannot be executed, that Government 2[or officer] may—
(a) make a report in writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of
the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon
the provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974),
shall apply in respect of the said pers on and his property as if the order directing that he be detained
were a warrant issued by the Magistrate;
1. Subs. by Act 27 of 1982, s. 2, for “appropriate Government” (w.e.f. 5-8-1982).
2. Ins. by s. 2, ibid. (w.e.f. 5-8-1982).
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(b) by order notified in the Official Gazette direct the said person to appear before such officer, at
such place and within such period as may be sp ecified in the order; and if the said person fails to
comply with such direction he shall, unless he proves that it was not possible for him to comply
therewith and that he had, within the period specified in the order, informed the officer mentioned in
the order of the reason which rendered compliance therewith impossible and of his whereabouts, be
punishable with imprisonment for a term which may extend to one year or with fine or with both.
(2) Notwithstanding anything contained in the Code of Criminal P rocedure, 1973 (2 of1974), every
offence under clause (b) of sub-section (1) shall be cognizable.
8. Grounds of order of detention to be disclosed to person affected by the order. —(1) When a
person is detained in pursuance of a detention order, the authori ty making the order shall, as soon as may
be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded
in writing, not later than ten days from the date of detention, communicate to him the grounds on which
the order has been made and shall afford him the earliest opportunity of making a representation against
the order to the appropriate Government.
(2) Nothing in sub -section ( 1) shall require the authority to disclose facts which it considers to be
against the public interest to disclose.
9. Constitution of Advisory Boards. —(1) The Central Government and each State Government
shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act.
1[(2) Every such Board shall consist o f three persons who are, or have been, or are qualified to be
appointed as, Judges of a High Court, and such persons shall be appointed by the appropriate
Government.
(3) The appropriate Government shall appoint one of the members of the Advisory Board who is, or
has been, a Judge of a High Court to be its Chairman, and in the case of a Union territory, the
appointment to the Advisory Board of an y person who is a Judge of the High Court of a State shall be
with the previous approval of the State Government concerned.]
10. Reference to Advisory Boards.—Save as otherwise expressly provided in this Act, in every case
where a detention order has been made under this Act, the appropriate Government shall, within three
weeks from the date of detention of a person under the order, place before the Advisory Board constituted
by it under section 9, the grounds on which the order has been made and the representation, if any, made
by the person affected by the order, and in case where the order has been made by an officer referred to in
sub-section (2) of section 3, also the report by such officer under sub-section (3) of that section.
11. Procedure of Advisory Boards. —(1) The Advisory Board shall, after considering the materials
placed before it and, after calling for such further information as it may deem necessary from the
appropriate Government or from any person called for the purpose through the appropriate Government
or from the person concerned, and if, in any particular case, it considers it essential so to do or if the
person concerned desires to be heard, after hearing him in person, submit its report to the appropriate
Government within seven weeks from the date of detention of the person concerned.
(2) The report of the Advisory Board shall specify in a sepa rate part thereof the opinion of the
Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned.
(3) When there is a difference of opinion among the members forming the Advisory Board, the
opinion of the majority of such members shall be deemed to be the opinion of the Board.
(4) Nothing in this section shall entitle any person against whom a detention order has been made to
appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and
the proceedings of the Advisory Board, and its report, excepting that part of the report in which the
opinion of the Advisory Board is specified, shall be confidential.
1. Subs. by Act 19 of 1981, s. 2, for “sub-sections (2) and (3) and the Explanation” (w.e.f. 2-9-1981).
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12. Action upo n the report of Advisory Board. —(1) In any case wher e the Advisory Board has
reported that there is in its opinion sufficient cause for the detention of a person, the appropriate
Government may confirm the detention order and continue the detention of the person concerned for such
period as it thinks fit.
(2) In any case where the Advisory Board has reported that there is in its opinion no sufficient cause
for the detention of the person concerned, the appropriate Government shall revoke the detention order
and cause the person to be released forthwith.
13. Maximum period of detention.—The maximum period for which any person may be detained in
pursuance of any detention order which has been confirmed under section 12, shall be six months from
the date of detention:
Provided that nothing contained in this sect ion shall affect the power of the appropriate Government
to revoke or modify the detention order at any earlier time.
14. Revocation of detention orders. —(1) Without prejudice to the provisions of section 21 of the
General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified—
(a) notwithstanding that the order has been made by an officer of a State Government, by that
State Government or by the Central Government;
(b) notwithstanding that the order has been made by an officer of the Central Government or by a
State Government, by the Central Government.
(2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order
under section 3 against the same person in any case where fresh facts have arisen after the date of
revocation or expiry on which the Central Government or a State Government or an officer, as the case
may be, is satisfied that such an order should be made.
15. Temporary release of persons detained. —(1) The appropriate Government may, at any time,
direct that any person detained in pursuance of a detention order may be released for any specified period
either without conditions or upon such conditions specified in the direction as that person accepts, and
may, at any time, cancel his release.
(2) In directing the release of any person under sub -section ( 1), the appropriate Government may
require him to enter into a bond with or with out sureties for the due observance of the conditions
specified in the direction.
(3) Any person released under sub-section (1) shall surrender himself at the time and place, and to the
authority, specified in the order directing his release or cancelling his release, as the case may be.
(4) If any person fails without sufficient cause to surrender himself in the manner specified in sub -
section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with
fine, or with both.
(5) If any person released under sub-section (1) fails to fulfil any of the conditions imposed upon him
under the said sub -section or in the bond entered into by him, the bond shall be declared to be forfeited
and any person bound thereby shall be liable to pay the penalty thereof.
16. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the
Central Government or a State Government, and no suit, prosecution or other legal proceeding shall lie
against any person, for anything in good faith done or intended to be done in pursuance of this Act.
17. Repeal and saving. —(1) The Prevention of Black marketing and Maintenance of Supplies of
Essential Commodities Ordinance, 1979 (10 of 1979), is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the Ordinance so repealed
shall be deemed to have been done or taken under the corresponding provisions of this Act.