The Bombay Essential Commodities and Cattle (Control) Act, 1958.

1958 : Bom. LXII]   1 
THE BOMBAY ESSENTIAL COMMODITIES AND CATTLE  
(CONTROL) ACT, 1958 
[Text as on 8th December 2025] 
—————— 
CONTENTS 
PREAMBLE. 
SECTIONS. 
 1.  Short title, extent and commencement.   
 2.  Definitions.   
 3. Amendment of Schedule.  
 4. Powers to control production, supply, distribution, etc. 
 5.  Publication and service of orders.  
 6.  Delegation of powers. 
 7.  Effect of orders inconsistent with other enactment. 
 8.  Ordinary avocations of life to be interfered with as little as possible.  
 9.  Penalties. 
 10.  Attempts and abetment. 
 11.  False statement. 
 12.  Offences by companies. 
 13.  Cognizance of offences and composition thereof. 
 14. Special provision regarding fine. 
 15. Presumption as to orders.    
 16. Burden of proof in certain cases. 
 17. Power to try offences summarily.     
 18. Protection of action taken under Act. 
 19. Rules. 
 20. Repeals and saving. 
 21. Act not to apply to essential commodity dealt with by Act X of 1955.   
  SCHEDULE 
  
2  The Bombay Essential Commodities and [1958 : Bom. LXII 
Cattle (Control) Act, 1958 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1958 : Bom. LXII] The Bombay Essential Commodities and 3 
Cattle (Control) Act, 1958 
LIST OF AMENDMENT ACTS 
 1. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent  
  Subjects) Order, 1960. 
 2. Amended by Mah. 45 of 1976 (1-10-1976) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4  The Bombay Essential Commodities and [1958 : Bom. LXII 
Cattle (Control) Act, 1958 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1958 : Bom. LXII] The Bombay Essential Commodities and 5 
Cattle (Control) Act, 1958 
BOMBAY ACT No. LXII OF 19581 
[THE BOMBAY ESSENTIAL COMMODITIES AND CATTLE (CONTROL) ACT, 1958.] 
[This Act received the assent of the President on the 1st July 1958; assent was first published  
in the Bombay Government Gazette, Part IV, on the 11th July 1958.] 
An Act to provide, in the interests of the general public, for the control and regulation  
of the production, movement, supply and distribution of and trade and commerce  
in certain commodities and the maintenance and movement of cattle. 
WHEREAS it is expedient to provide in the interests of the general public, for the control and 
regulation of the production, movement, supply and distribution of certain commodities essential to the 
life of the community and for the control and regulation of trade and commerce therein and for the 
maintenance, licensing and movement of cattle and the licensing of dealers in such commodit ies and 
cattle and for certain other purposes ; It is hereby enacted in the Ninth Year of the Republic of India as 
follows :— 
1.  Short title, extent and commencement. — (1) This Act may be called the Bombay Essential 
Commodities and Cattle (Control) Act, 1958.  
(2) It extends to the whole of the 2[State of Maharashtra].  
(3) It shall come into force on such 3date as the State Government may, by notification in the 
Official Gazette, appoint. 
2.  Definitions.— In this Act, unless the context otherwise requires,—  
(a) “cattle” means any of the animals specified in Part II of the Schedule;  
(b) “essential commodity” means a commodity specified in Part I of the Schedule;  
(c) “notified order” means an order notified in the Official Gazette.  
3.  Amendment of Schedule. — The State Government may, by notification in the Official 
Gazette, direct additions to, or omissions from, either of both Parts of the Schedule whether generally,  
or with reference to any particular area specified in the notification, and the Schedule shall, on the issue 
of the notification, be deemed to be amended accordingly. 
4.  Powers to control production, supply, distribution, etc.— (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 regulat ing or prohibiting the production, supp ly and distribution of, or trade and 
commerce in such essential commodity; 
(b) for regul ating 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; 
                                                   
1  For Statement of Objects and Reasons, See Bombay Government Gazette, 1958, Extra, page 28. 
2  These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and   
Concurrent Subjects) Order, 1960, Sch. 
3  It came into force on the 1 st day of September 1958, vide G. N., A. & F.D., Notification No. ECA . 1057/181195-P,  
dated the 27th August 1958. 
6  The Bombay Essential Commodities and [1958 : Bom. LXII 
Cattle (Control) Act, 1958 
(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, a s may be 
specified in the order; 
(e) for controlling the price at which any essen tial commodity or cattle may be bought or 
sold; 
(f) for regulating by licence, permit or ot herwise 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 per sons engaged in the production, supply or distribution of, or trade or 
commerce in, any essential commodity or cat tle 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, accou nts 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 commi tted, 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 pers on 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 a ny, 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.  
5.  Publication and service of orders.— (1) An order made under section 4 shall—  
(a) if  it is an order of a general nature or affecting a class of person, be notified in the 
Official Gazette; 
(b) if it is an order affecting an individual corporation or firm, be served in the manner 
provided for the service of a summons in rule 2 of Order XXI X or, as the case may be, rule 3 of 
Order XXX in the First Schedule of the Code of Civil Procedure, 1908 (V of 1908);  
(c) if it is an order affecting an individual person other than a corporation or firm, be served 
on the person— 
(i) personally, by delivering or tendering to him the order, or 
(ii) by post, or 
1958 : Bom. LXII] The Bombay Essential Commodities and 7 
Cattle (Control) Act, 1958 
(iii) where the person cannot be found, by leaving an authentic copy of the  order with 
some adult male member of his family, or by affixing such copy to some conspicuous part 
of the premises in which he is known to have last resided or carried on business or worked 
for gain, and a written report of such affixing shall be prepared and witnessed by two 
persons living in the neighbourhood.  
(2) Where a question arises whether a person was duly informed of an order made in pursuance of 
section 4, compliance with the requirements of sub-section (1) shall be conclusive proof that he was so 
informed; but failure to comply with the said requirements shall not preclude proof by other means that 
he was so informed or affect the validity of the order. 
6.  Delegation of powers.— The State Government may by notified order direct that the power to 
make order under section 4 shall be exercisable also by such officer or authority and in relation to such 
matters and subject to such conditions, if any, as may be specified in the order. 
7.  Effect of orders inconsistent with other enactment. — Any order made or deemed to be 
made under section 4 shall have effect not -withstanding anything inconsistent therewith containe d in 
any enactment other than this Act, or any instrument having effect by vir tue of any enactment other 
than this Act.  
8.  Ordinary avocations of life to be interfered with as little as possible. — Any authority or 
person acting in pursuance of this Act s hall interfere with the ordinary avocations of life and the 
enjoyment of property as little as may be consonant with the general interest of the public. 
9.  Penalties.— (1) If any person contravenes any order m ade or deemed to be made under 
section 4, he shall on conviction be punished,—  
(i) in the case of an order made with reference to clause (g) or clause (h) or (i) of sub-section 
(2) of that section with imprisonment for a term which may extend  to one year and shall also be 
liable to fine;  
(ii) in the case of any other order, with imprisonm ent for a term which may extend to three 
years and shall also be liable to fine:  
Provided that, if the Court is of opinion that a sentence of fine only will meet  the ends of 
justice, it may, for reasons to be recorded, refrain from imposing a sentence of imprisonment.  
(2) Any Court trying the contravention of an order may direct that any property in respect of 
which the Court is satisfied that the order has been contravened, and any vehicle, vessel or animal 
which the Court is satisfied has been used with the knowledge of the person having the control thereof 
for carrying such property, shall be forfeited to Government: 
Provided that if the Court is of opinion that it is not necessary to direct forfeiture in resp ect of the 
whole or as the case may be, any part of the property it may for reasons to be  recorded refrain from 
doing so. 
10.  Attempts and abetment. — Any person who attempts to contravene, or abets a 
contravention of any  order made or deemed to be made under section 4, shall be deemed to have 
contravened that order.  
11.  False statement.— If any person—  
(i) when required by any order made or deemed to be made under section 4 to  make any 
statement or furnish any information, makes any statement or furnishes any information which is 
false in any material particular, and which he knows or has reasonable cause to believe to be 
false, or does not believe to be true, or  
(ii) makes any such statement as aforesai d in any book, a ccount, record, declaration, return 
or other document which he is required by any such order to maintain or furnish,  
8  The Bombay Essential Commodities and [1958 : Bom. LXII 
Cattle (Control) Act, 1958 
he shall, on conviction, be punished with imprisonment for a term which may extend to three 
years, or with fine, or with both. 
12.  Offences by companies. — (1) If the person contravening an order made or deemed to be 
made under section 4 is a company, every person who, at the time the contravention was committed, 
was in charge of, and was responsible to, the company for the conduct of the bu siness of the company, 
as well as the company, shall be deemed to be guilty of the contravention 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 t o any 
punishment if he proves that the contravention took place without his knowledge or that he exercised 
all due diligence to prevent such contravention.  
(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, secr etary 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 purpose of this section,— 
(a) “company”  means a body corporate, and includes a firm or othe r association of 
individuals; and 
(b) “director” in relation to a firm, means a partner in the firm.  
13.  Cognizance of offences and composition thereof. — (1) 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  person aggrieved by such offence or by a person who is a public servant as 
defined in section 21 of the Indian Penal Code (XLV of 1860). 
(2) The public servant aforesaid may, either before or after the institution of any proceedings for 
any offence punishable under this Act, accept from any person charged with such offence by way of 
composition of the offence a sum of money not exceeding one thousand rupees and direct the release of 
any property which has been seized as liable to forfeiture under this Act on payment of the value 
thereof as estimated by him. 
(3) On payment by such person of such sum of money, or such value or both, as the case may be, 
such person if in custody shall be set at liberty and if any proceedings have been instituted against such 
person in any criminal Court, the composition shall be deemed to amount to an acquittal and in no case 
shall any further proceedings be taken against such person or property in respect of the same offence. 
14.  Special provision regarding fine. — Notwithstanding anything contained in section of the 
1Code of Criminal Procedure, 1898  (V of 1898), it shall be lawful for any Magist rate of the first class 
specially empowered by the State Government in this behalf and for any Presidency Magistrate to pass 
a sentence of fine exceeding the pecuniary limit specified in that section as in force in any part of the 
State on any person convicted of contravening any order made or deemed to be made under section 4. 
15.  Presumption as to orders. — Where an 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 presume that such order 
was so made by that authority within the meaning of the Indian Evidence Act, 1872 (I of 1872). 
16.  Burden of proof in certain cases. — Where a person is prosecuted for contravening any 
order made or deemed to be made under section 4 which prohibits him from doing any act or being in 
possession of a thing without lawful authority or without a per mit, licence or other document, the 
burden of proving that he has such authority, permit, licence or other document shall be on him. 
                                                   
1  See now the Code of Criminal Procedure, 1973 (2 of 1974). 
1958 : Bom. LXII] The Bombay Essential Commodities and 9 
Cattle (Control) Act, 1958 
17.  Power to t ry offences summarily. — Any Magistrate or Bench of Magistrates empowered 
for the time being to try in a summary way the offences specified in sub -section (1) of section 260 of 
the 1Code of Criminal Procedure, 1898  (V of 1898), may, on application in this behalf being made by 
the prosecution, try in accordance with the provisions contained in sections 262 to 265 of the said Code 
any offence punishable under this Act. 
18.  Protection of action taken under Act. — (1) No suit, prosecution or other legal proceedi ng 
shall lie against any person for anything which is in good faith done or intended to be done in 
pursuance of any order made or deemed to be made under section 4. 
(2) No suit or other legal proceeding shall lie against the Government for any damage cause d or 
likely to be caused by anything which is in good faith done or intended to be done in pursuance of any 
order made or deemed to be made under section 4. 
19.  Rules.— The State Government may by notification in the Official Gazette, and subject  to 
the condition of previous publication, make rules for carrying out the purposes of this Act.  
20.  Repeals and saving. — (1) The Central Provinces and Berar Specified Commodities 
(Control) Act, 1946 (C.P. and Berar Act XII of 1946) , and the Saurashtra Essentia l Commodities and 
Cattle (Control) Ordinance, 1948 (Sau. Ord. XVIII of 1948), are hereby repealed. 
(2) Notwithstanding such repeal, if there be any orders made under any of the laws so repealed in 
relation to an essential commodity or cattle, or any procee dings pending under any of the laws so 
repealed, such orders or proceedings shall be deemed to be made and continue in force or, as the case 
may be, pending under the provisions of this Act; and accordingly such proceedings may be continued 
and disposed of under the provisions of this Act. 
21.  Act not to apply to essential commodity dealt with by Act X of 1955. — Nothing in this 
Act shall apply to any commodity or class of commodity which is an essential commodity, or which is 
declared to be an essential commodity, under the Essential Commodities Act, 1955 (X of 1955); and if 
any commodity included in Part I of the Schedule is declared to be an essential commodity under that 
Act, then on such declaration, this Act shall cease to apply thereto, except as respects things done or 
omitted to be done before such declaration. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
1  See now the Code of Criminal Procedure, 1973 (2 of 1974). 
10  The Bombay Essential Commodities and [1958 : Bom. LXII 
Cattle (Control) Act, 1958 
SCHEDULE 
PART I 
Essential Commodities. 
 1.      Bricks used for building purposes. 
 1[2.  Asbestos Cement Sheets.] 
 2[3.   Tea and Coffee. 
 4.      Hair Oils. 
 5.      Vegetables. 
 6.      Umbrellas. 
 7.      Chillies and Onions.] 
 
PART II 
Cattle. 
3[*    *    *] 4[*     *     *] 
  2. Bullocks. 5[*     *     *] 
6[*    *    *] 7.     Goats. 
7[*    *    *] 8.     Sheep. 
 
 
 
 
 
 
                                                   
1  Entry 2 was inserted by G. N., A. & C. D., ECA, 1062/21135-SI, dated 15th December 1962. 
2  These entries were inserted by G. N., A. & C. D., No. ECA 1061/11554 S. I., dated the 14 th December 1961, which was 
made applicable only to certain village of Sawantwadi and Vengurla Talukas of Ratnagiri District.   
3  Entries 1 and 3 to 6 (both inclusive) were deleted by Mah. 45 of 1976, s. 21. 
4  Entries 1 and 3 to 6 (both inclusive) were deleted by Mah. 45 of 1976, s. 21. 
5  Entries 1 and 3 to 6 (both inclusive) were deleted by Mah. 45 of 1976, s. 21. 
6  Entries 1 and 3 to 6 (both inclusive) were deleted by Mah. 45 of 1976, s. 21. 
7  Entries 1 and 3 to 6 (both inclusive) were deleted by Mah. 45 of 1976, s. 21. 

‹ Prev All Maharashtra acts Next ›