THE ESSENTIAL COMMODITIES ACT, 1955 ______ARRANGEMENT OF SECTIONS ______SECTIONS 1. Short title and extent. 2. Definitions. 2A. Essential commodities declaration, etc. 3. Powers to control production, supply, distribution, etc., of essential commodities. 4. Imposition of duties on State Governments, etc. 5. Delegation of powers. 6. Effect of orders inconsistent with other enactments. 6A. Confiscation of essential commodity. 6B. Issue of show cause notice before confiscation of food grains, etc. 6C. Appeal. 6D. Award of confiscation not to interfere with other punishments. 6E. Bar of jurisdiction in certain cases. 7. Penalties. 7A. Power of Central Government to recover certain amounts as arrears of land revenue. 8. Attempts and abetment. 9. False statement. 10. Offences by companies. 10A. Offences to be cognizable. 10B. Power of court to publish name, place of business, etc., of companies convicted under the Act. 10C. Presumption of culpable mental state. 11. Cognizance of offences. 12. Special provision regarding fine. 12A. Power to try summarily. 12B. Grant of injunction, etc., by civil courts. 13. Presumption as to orders. 14. Burden of proof in certain cases. 15. Protection of action taken under Act. 15A. Prosecution of public servants. 16. Repeals and savings. THE SCHEDULE.

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THE ESSENTIAL COMMODITIES ACT, 19551 ACT NO. 10 OF 1955 [1st April, 1955.] An Act to provide, in the interest of the general public, for the control of the production, supply and distribution of, and trade and commerce, in certain commodities. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:― 1. Short title and extent.―(1) This Act may be called the Essential Commodities Act, 1955. (2) It extends to the whole of India 2***. 2. Definitions.―In this Act, unless the context otherwise requires,― 3[(ia) “Collector” includes an Additional Collector and such other officer, not below the rank of Sub-Divisional Officer, as may be authorised by the Collector to perform the functions and exercise the powers of the Collector under this Act;] 4* * * * * (b) “food-crops” include crops of sugarcane; (c) “notified order” means an order notified in the Official Gazette; 5[(cc) “order” includes a direction issued thereunder;] 6[(d) “State Government,” in relation to a Union territory, means the administrator thereof;] 5[(e) “sugar” means― (i) any form of sugar containing more than ninety per cent, of sucrose, including sugar candy; (ii) khandsari sugar or bura sugar or crushed sugar or any sugar in crystalline or powdered form; or (iii) sugar in process in vacuum pan sugar factory or raw sugar produced therein.] STATE AMENDMENT Uttar Pradesh Amendment of section 2 of Act X of 1955.—In section 2 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, hereinafter called the principal Act, before clause (a), the following clause shall be inserted namely:-- “(aa) ‘Collector’ includes such officer not below the rank of an Assistant Collector of the first class as may be authorized by the Collector to exercise the powers conferred on him by or under the provisions of this Act;” [Vide Uttar Pradesh Act 18 of 1975, s. 3]

1. Extended to Goa, Daman and Diu with modification by Regulation 12 of 1962, section 3 and Schedule, to Dadra and Nagar Haveli by Regulation 6 of 1963, section 3 and Schedule I and to Lakshadweep and Amindivi Islands by Regulation 8 of 1965, section 3 and Schedule, to the State of Sikkim vide S.O. 28(E), dated 7th January, 1976 (w.e.f. 7-1-1976). This Act has been amended in Maharashtra by Maharashtra Act 71 of 1976, in Orissa by Orissa Act, 8 of 1976, in Uttar Pradesh by Uttar Pradesh Acts 9 of 1974, 18 of 1975, 39 of 1975 and 16 of 1978. 2. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968). 3. Ins. by Act 92 of 1976, s. 2 (w.e.f. 2-9-1976). 4. Clause (c) omitted by Act 54 of 2006, s. 2 (w.e.f. 12-2-2007). 5. Ins. by Act 36 of 1967, s. 2 (w.e.f. 30-12-1967). 6. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for clause (d). 2

Amendment of section 2 of Act 10 of 1955.—In section 2 of the Essential Commodities act, 1955 (hereinafter referred to as the principal Act). Clause (aa) as inserted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, hereinafter referred to as the Uttar Pradesh Amendment, shall stand omitted with effect from September 2, 1976, the date of the commencement of the Essential Commodities (Amendment) Act, 1976, hereinafter referred to as the Central (Amendment). [Vide Uttar Pradesh Act XVI of 1978, s. 2] 1[2A. Essential commodities declaration, etc.―(1) For the purposes of this Act, “essential commodity” means a commodity specified in the Schedule. (2) Subject to the provisions of sub-section (4), the Central Government may, if it is satisfied that it is necessary so to do in the public interest and for reasons to be specified in the notification published in the Official Gazette, amend the Schedule so as to― (a) add a commodity to the said Schedule; (b) remove any commodity from the said Schedule, in consultation with the State Governments. (3) Any notification issued under sub-section (2) may also direct that an entry shall be made against such commodity in the said Schedule declaring that such commodity shall be deemed to be an essential commodity for such period not exceeding six months to be specified in the notification: Provided that the Central Government may, in the public interest and for reasons to be specified, by notification in the Official Gazette, extend such period beyond the said six months. (4) The Central Government may exercise its powers under sub-section (2) in respect of the commodity to which Parliament has power to make laws by virtue of Entry 33 List III in the Seventh Schedule to the Constitution. (5) Every notification issued under sub-section (2) shall be laid, as soon as may be after it is issued, before both Houses of Parliament.] 3. Powers to control production, supply, distribution, etc., of essential commodities.―(1) If the Central 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, 2[or for securing any essential commodity for the defence of India or the efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. 3[(1A) Notwithstanding anything contained in sub-section (1),― (a) the supply of such foodstuffs, including cereals, pulses, potato, onions, edible oilseeds and oils, as the Central Government may, by notification in the Official Gazette, specify, may be regulated only under extraordinary circumstances which may include war, famine, extraordinary price rise and natural calamity of grave nature; (b) any action on imposing stock limit shall be based on price rise and an order for regulating stock limit of any agricultural produce may be issued under this Act only if there is― (i) hundred per cent. increase in the retail price of horticultural produce; or (ii) fifty per cent. increase in the retail price of non-perishable agricultural foodstuffs.

1. Ins. by Act 54 of 2006, s. 3 (w.e.f. 12-2-2007). 2. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967). 3. Ins. by Act 22 of 2020, s. 2 (w.e.f. 5-6-2020).

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over the price prevailing immediately preceding twelve months, or average retail price of last five years, whichever is lower: Provided that such order for regulating stock limit shall not apply to a processor or value chain participant of any agricultural produce, if the stock limit of such person does not exceed the overall ceiling of installed capacity of processing, or the demand for export in case of an exporter: Provided further that nothing contained in this sub-section shall apply to any order, relating to the Public Distribution System or the Targeted Public Distribution System, made by the Government under this Act or under any other law for the time being in force. Explanation.―The expression “value chain participant”, in relating to any agricultural product, means and includes a set of participants, from production of any agricultural produce in the field to final consumption, involving processing, packaging, storage, transport and distribution, where at each stage value is added to the product.] (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 generally, or of specified food-crops. (c) for controlling the price at which any essential commodity 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; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 1[(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,― (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) 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 Central Government or a State Government or to 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 as may be specified in the order. Explanation 1.―An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.―For the purpose of this clause, “production” with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 2*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest;

1. Subs. by Act 92 of 1976, s. 3, for clause (f). 2. The words “or cotton textiles” omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 4

(h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity 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; 1[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 2[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,— (i) 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 committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act; 3[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:― (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the 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. 4[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor―

1. Ins. by Act 17 of 1961, s. 2. 2. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 3. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 4. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 5

(a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 1[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to― (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 2[(3C) Where any producer is required by an order made with reference to clause (f) of sub-section (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to— (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. Explanation 3[I].— For the purposes of this sub-section,— (a) “fair and remunerative price” means the price of sugarcane determined by the Central Government under this section;

1. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 2. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 3. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 6

(b) “manufacturing cost of sugar” means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) “producer” means a person carrying on the business of manufacturing sugar; (d) “reasonable return on the capital employed” means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 1[Explanation II.―For the removal of doubts, it is hereby declared that the expressions “fair and remunerative price” referred to in clause (a), “manufacturing cost of sugar” referred to in clause (b) and “reasonable return on the capital employed” referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 2[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. Explanation.―For the purposes of sub-section (3D) and this sub-section,― (a) “producer” means a person carrying on the business of manufacturing sugar; (b) “recognised dealer'' means a person carrying on the business of purchasing, selling or distributing sugar; (c) “sugar” includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,― (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and

1. Explanation II ins. by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 2. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). 7

(b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,― (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual― (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENT Uttar Pradesh Amendment of section 3 of Act X of 1955.—In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-- “(ff) for preventing the hoarding of any essential commodity;” [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3.—In section 3 of the principal Act,-- (a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely— “(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains made with reference to this clause,-- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale."

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(c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955.—In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:-- “(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 of 1955.—(1) In section 3 of the principal Act, in sub- section (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:-- “Explanation I-A.—An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis.” (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3] 4. Imposition of duties on State Governments, etc.―An order made under section 3 may confer powers and impose duties upon the Central Government or the State Government or officers and authorities of Central Government or State Government, and may contain directions to any State Government or to officers and authorities thereof as to the exercise of any such powers or the discharge of any such duties. 5. Delegation of powers.―The Central Government may, by notified order, direct that 1[the power to make orders or issue notifications under section 3] shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by― (a) such officer or authority subordinate to the Central Government, or (b) such State Government or such officer or such authority subordinate to a State Government, as may be specified in the direction. 6. Effect of orders inconsistent with other enactments.―Any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act. 2[6A. Confiscation of essential commodity.― 3[(1)] Where any 4[essential commodity is seized] in pursuance of an order made under section 3 in relation thereto, 5[a report of such seizure shall, without unreasonable delay, be made to] the Collector of the district or the Presidency town in

1. Subs. by Act 66 of 1971, s. 3, for “the power to make orders under section 3” (w.e.f. 23-12-1971). 2. Ins. by Act 25 of 1966, s. 3 (w.e.f. 3-9-1966). 3. Section 6A renumbered as sub-section (1) thereof by Act 92 of 1976, s. 4 (w.e.f. 2-9-1976). 4. Subs. by Act 36 of 1967, s. 4, for “foodgrains, edible oilseeds or edible oils are seized” (w.e.f. 30-12-1967). 5. Subs. by Act 92 of 1976, s. 4, for “it may be produced without any unreasonable delay, before” (w.e.f. 2-9-1976). 9 which such 1[essential commodity is seized] and whether or not a prosecution is instituted for the contravention of such order, the Collector 2[may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied] that there has been a contravention of the order 3[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 which may be taken under any other provision of this Act, no foodgrains or edible oilseeds 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: 4[Provided further that in the case of any animal, vehicle, vessel or other conveyance 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 by such animal, vehicle, vessel or other conveyance.] 9[(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 the essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, he may― (i) order the same to be sold at the controlled price, if any, fixed for such essential commodity under this Act or under any other law for the time being in force; or (ii) where no such price is fixed, order the same to be sold by public auction: Provided that in case of foodgrains, the Collector may, for its equitable distribution and availability at fair prices, order the same to be sold through fair price shops at the price fixed by the Central Government or by the State Government, as the case may be, for the retail sale of such foodgrains to the public. (3) where any essential commodity is sold, as aforesaid, the sale proceeds thereof, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto, shall― (a) where no order or confiscation is ultimately passed by the Collector, (b) where an order passed on appeal under sub-section (1) of section 6C so requires, or (c) where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under this section, the person concerned is acquitted, be paid to the owner thereof or the person from whom it is seized.] STATE AMENDMENT Uttar Pradesh Substitution of new section for section 6-A.—The following section shall be substituted, namely— "6A Confiscation of seized commodities,--(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 so, 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;

1. Subs. by Act 36 of 1967, s. 4, for “food grains, edible oilseeds or edible oils are seized” (w.e.f. 30-12-1967). 2. Subs. by Act 92 of 1976, s. 4, for “if satisfied” (w.e.f. 2-9-1976). 3. Subs. by Act 30 of 1974, s. 4, for “may order confiscation of the essential commodity so seized” (w.e.f. 22-6-1974). 4. Ins. by Act 92 of 1976, s. 4. 10

(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 food grains or edible oilseeds seized in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized food grains 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 so , 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 food grains where there is no controlled price, the Collector may order the food grains 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 food grains to the public through these shops: Provided also that, whenever it is practicable so to so, 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 6C 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 be paid to the owner thereof or the person from whom it is seized: Provided that, in the case of food grains sold through fair price shops in accordance with the first proviso to sub-section (2) the owner shall be paid for the food grains so sold the price fixed by the State Government, for retail sale of such food grains through such shops, less all expenses of sale or auction under sub-section (2)."] [Vide Uttar Pradesh Act 18 of 1975, s. 5] Substitution of sections 6-A and 6-C.—In the principal Act, for sections 6-A and 6-C as amended or substituted by the Uttar Pradesh Amendment, sections 6-A and 6-C respectively, as amended or substituted by the Central Amendment, shall be and be deemed with effect from the date of commencement of the Central Amendment to have been substituted. [Vide Uttar Pradesh Act XVI of 1978, s. 4] 6B. Issue of show cause notice before confiscation of food grains, etc.―1[(1)] No order confiscating 2[any 3[essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance] shall be made under section 6A unless the owner of such 2[essential

1. Section 6B renumbered as sub-section (1) thereof by Act 30 of 1974, s. 5 (w.e.f. 22-6-1974). 2. Subs. by Act 36 of 1967, s. 5, for “any foodgrain, edible oilseeds or edible oils” (w.e.f. 30-12-1967). 3. Subs. by Act 30 of 1974, s. 5, for “essential commodity” (w.e.f. 22-6-1974). 11 commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance) or the person from whom 1[it is seized]― (a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the 3[essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance]; (b) is given an opportunity of making a presentation in wiring within such reasonable time as may be specified in the notice against the ground of confiscation; and (c) is given a reasonable opportunity of being heard in the matter. 2[(2) Without prejudice to the provisions of sub-section (1), no order confiscating any animal, vehicle, vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use.] 3[(3) No order confiscating any essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be invalid merely by reason of any defect or irregularity in the notice, given under clause (a) of sub-section (1), if, in giving such notice, the provisions of that clause have been substantially complied with.] STATE AMENDMENT Uttar Pradesh Insertion of new section 6BB.—After section 6-B of the principal Act, the following section shall be inserted, namely:-- "6BB. Review.--(1) Where the Collector is satisfied that an order of confiscation or an order refusing confiscation made under section 6A suffers from a mistake apparent on the face of the record (including any mistake of law) he may within one month of such order issue notice to the owner of the essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance, or, as the case may be, the person from whom it was seized, to show cause why that order should not be reviewed, and after giving him a reasonable opportunity of being heard, pass such order on review as he thinks fit. (2) The provisions of sections 6C and 6D shall apply in relation to an order passed originally under section 6A." [Vide Uttar Pradesh Act 18 of 1975, s. 6] 6C. Appeal.―(1) Any person aggrieved by an order of confiscation under section 6A may, within one month from the date of the communication to him of such order, appeal to any judicial authority appointed by the State Government concerned and the judicial authority shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against. (2) Where an order under section 6A is modified or annulled by such judicial authority, or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under section 6A, the person concerned is acquitted, and in either case it is not possible for any reason to 4[return the essential commodity seized ], 5[such persons shall, except as provided by sub-section (3) of section 6A, be paid] the price therefore 6[as if the essential commodity,] had been sold to the Government with reasonable interest calculated from the day of the seizure of 7[the essential commodity] 8[and such price shall be determined―

1. Subs. by Act 36 of 1967, s. 5, for “they are seized” (w.e.f. 30-12-1967). 2. Ins. by Act 30 of 1974, s. 5 (w.e.f. 22-6-1974).) 3. Ins. by Act 92 of 1976, s. 5 (w.e.f. 2-9-1976). 4. Subs. by Act 36 of 1967, s. 6, for “return the foodgrains or edible oilseeds or edible oils seized” (w.e.f. 30-12-1967). 5. Subs. by Act 92 of 1976, s. 6, for “such person shall be paid”. 6. Subs. by Act 36 of 1967, s. 6, for “as if the foodgrains, edible oilseeds or edible oils, as the case may be,” (w.e.f. 30-12-1967). 7. Subs. by s. 6, ibid., for “articles” (w.e.f. 30-12-1967). 8. Subs. by s. 6, ibid., for “and such price shall be determined in accordance with the provisions of sub-section (3B) of section 3 (w.e.f. 30-12-1967). 12

(i) in the case of food grains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3B) of section 3; (ii) in the case of sugar, in accordance with the provisions of subsection (3C) of section 3 ; and (iii) in the case of any other essential commodity, in accordance with the provisions of sub- section (3) of section 3. ] STATE AMENDMENTS Uttar Pradesh Amendment of section 6-C.-- In sub-section (2) for the words "such person shall be paid", the words "such person shall, except as provided by sub-section (3) of Section 6-A, be paid" shall be substituted. [Vide Uttar Pradesh Act 18 of 1975, s. 7] Substitution of sections 6-A and 6-C.—In the principal Act, for sections 6-A and 6-C as amended or substituted by the Uttar Pradesh Amendment, sections 6-A and 6-C respectively, as amended or substituted by the Central Amendment, shall be and be deemed with effect from the date of commencement of the Central Amendment to have been substituted. [Vide Uttar Pradesh Act XVI of 1978, s. 4] 6D. Award of confiscation not to interfere with other punishments.―The award of any confiscation under this Act by the Collector shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.] 1[6E. Bar of jurisdiction in certain cases.―Whenever any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, or any package, covering or receptacle in which such essential commodity is found, or any animal, vehicle, vessel or other conveyance used in carrying such essential commodity is seized pending confiscation under section 6A, the Collector, or, as the case may be, the State Government concerned under section 6C shall have, and, notwithstanding anything to the contrary contained in any other law for the time being in force, any court, tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance.] 7. Penalties.―2[(1) If any person contravenes any order made under Section 3,― (a) he shall be punishable,― (i) in the case of an order made with reference to clause (h) or clause (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, and (ii) in the case of any other order, with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months; (b) any property in respect of which the order has been contravened shall be forfeited to the Government; (c) any package, covering or receptacle in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the property shall, if the court so orders, be forfeited to the Government.

1. Subs. by Act 42 of 1986, s. 2, for section 6E (w.e.f. 9-9-1986). 2. Subs. by Act 30 of 1974, s. 6, for sub-sections (1) and (2) (w.e.f. 22-6-1974). 13

(2) If any person to whom a direction is given under clause (b) of sub-section (4) of section 3 fails to comply with the direction, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months. (2A) If any person convicted of an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-section (2) is again convicted of an offence under the same provision, he shall be punishable with imprisonment for the second and for every subsequent offence for a term which shall not be less than six months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months. (2B) For the purposes of sub-sections (1), (2) and (2A), the fact that an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-section (2) has caused no substantial harm to the general public or to any individual shall be an adequate and special reason for awarding a sentence of imprisonment for a term of less than three months or six months, as the case may be. 1[(3) Where a person having been convicted of an offence under sub-section (1) is again convicted of an offence under that sub-section for contravention of an order in respect of an essential commodity, the court by which such person is convicted shall, in addition to any penalty which may be imposed on him under that sub-section, by order, direct that that person shall not carry on any business in that essential commodity for such period, not being less than six months, as may be specified by the Court in the Order.] 2[7A. Power of Central Government to recover certain amounts as arrears of land revenue.―(1) Where any person, liable to― (a) pay any amount in pursuance of any order made under section 3, or (b) deposit any amount to the credit of any Account or Fund constituted by or in pursuance of any order made under that section, makes any default in paying or depositing the whole or any part of such amount, the amount in respect of which such default has been made shall [whether such order was made before or after the commencement of the Essential Commodities (Amendment) Act, 1984 (34 of 1984), and whether the liability of such person to pay or deposit such amount arose before or after such commencement] be recoverable by Government together with simple interest due thereon computed at the rate of 3[fifteen per cent.] per annum from the date of such default to the date of recovery of such amount, as an arrear of land revenue 4[or as a public demand]. (2) The amount recovered under sub-section (1) shall be dealt with in accordance with the order under which the liability to pay or deposit such amount arose. (3) Notwithstanding anything contained in any other law for the time being in force or any contract to the contrary, no court, tribunal or other authority shall grant any injunction or make any order prohibiting or restraining any Government from recovering any amount as an arrear of land revenue 4[or as a public demand] in pursuance of the provisions of sub-section (1). (4) If any order, in pursuance of which any amount has been recovered by Government as an arrear of land revenue 4[or as a public demand] under subsection (1) is declared by a competent court, after giving to the Government a reasonable opportunity of being heard, to be invalid, the Government shall refund the amount so recovered by it to the person from whom it was recovered, together with simple interest due thereon, computed at the rate of 1[fifteen per cent.] per annum, from the date of recovery of such amount to the date on which such refund is made.

1. Ins. by Act 36 of 1967, s. 7 (w.e.f. 30-12-1967). 2. Ins. by Act 34 of 1984, s. 2 (w.e.f. 1-7-1984). 3. Subs. by Act 42 of 1986, s. 3, for “six per cent.” (w.e.f. 8-9-1986). 4. Ins. by s. 3, ibid (w.e.f. 8-9-1986). 14

Explanation.―For the purposes of this section, “Government” means the Government by which the concerned order under section 3 was made or where such order was made by an officer or authority subordinate to any Government, that Government.] 8. Attempts and abetment.―Any person who attempts to contravene, or abets a contravention of, any order made under section 3 shall be deemed to have contravened that order. 9. False statement.―If any person,― (i) when required by any order made under section 3 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 aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to 1[five years,] or with fine, or with both. 10. Offences by companies.―(1) If the person contravening an order made under section 3 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 business 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 to 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, 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. 2[10A. Offences to be cognizable.―Notwithstanding anything contained in 3[the Code of Criminal Procedure, 1973 (2 of 1974)] every offence punishable under this Act shall be “cognizable 4***]. 5[10B. Power of court to publish name, place of business, etc., of companies convicted under the Act.―(1) Where any company is convicted under this Act, it shall be competent for the court convicting the company to cause the name and place of business of the company, nature of the contravention, the fact that the company has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspapers or in such other manner as the court may direct. (2) No publication under sub-section (1) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of.

1. Subs. by Act 36 of 1967, s. 8, for “three years” (w.e.f. 30-12-1967). 2. Ins. by Act 36 of 1967, s. 9 (w.e.f. 30-12-1967). 3. Subs. by Act 30 of 1974, s. 7, for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 22-6-1974). 4. The words “and bailable” omitted by s. 7, ibid. (w.e.f. 22-6-1974). 5. Ins. by s. 8, ibid. (w.e.f. 22-6-1974). 15

(3) The expenses of any publication under sub-section (1) shall be recoverable from the company as if it were a fine imposed by the court. Explanation.―For the purposes of this section, “company” has the meaning assigned to it in clause (a) of the Explanation of section 10.] 10C. Presumption of culpable mental state.―(1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.―In this section, “culpable mental state” includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] 11. 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 a person who is a public servant as defined in section 21 of the Indian Penal Code (45 of I860) 1[or any person aggrieved or any recognised consumer association, whether such person is a member of that association or not]. 2[Explanation.―For the purposes of this section and section 12AA, “recognised consumer association” means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.] STATE AMENDMENT Uttar Pradesh Amendment of section 11.—In section 11 of the principal Act, for the words “by person who is a public servant as defined in section 21 of the Indian Penal Code”, the words “by order of, or under authority from the District Magistrate or such other officer as may be empowered by the State Government by general or special order in this behalf” shall be substituted. [Vide Uttar Pradesh Act 9 of 1974, s. 7] 3[12. Special provision regarding fine.―Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate, or any Judicial Magistrate of the first class specially empowered by the State Government in this behalf, to pass a sentence of fine exceeding five thousand rupees on any person convicted of contravening any order made under section 3.] 4[12A. Power to try summarily.―(1) If the Central Government is of opinion that a situation has arisen where, in the interests of production, supply or distribution of 5[any essential commodity not being an essential commodity referred to in clause (a) of sub-section (2)] or trade or commerce therein and other relevant considerations, it is necessary that the contravention of any order made under section 3 in relation to such essential commodity should be tried summarily, the Central Government may, by notification in the Official Gazette, specify such order to be a special order for purposes of summary trial under this section, and every such notification shall be laid, as soon as may be after it is issued, before both Houses of Parliament: 6[Provided that― (a) every such notification issued after the commencement of the Essential Commodities (Amendment) Act, 1971, shall, unless sooner rescinded, cease to operate at the expiration of two years after the publication of such notification in the Official Gazette; (b) every such notification in force immediately before such commencement shall, unless sooner rescinded, cease to operate at the expiration of two years after such commencement: Provided further that nothing in the foregoing proviso shall affect any case relating to the contravention of a special order specified in any such notification if proceedings by way of summary trial have commenced before that notification is rescinded or ceases to operate and the provisions of this section shall continue to apply to that case as if that notification had not been rescinded or had not ceased to operate.] 7[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) all, offences relating to―

1. Ins. by Act 73 of 1986, s. 2 (w.e.f. 1-5-1987). 2. Added by s. 2, ibid. (w.e.f. 1-5-1987). 3. Subs. by Act 30 of 1974, s. 9 (w.e.f. 22-6-1974). 4. Ins. by Act 47 of 1964, s. 2. 5. Subs. by Act 30 of 1974, s. 10, for “any essential commodity” (w.e.f. 22-6-1974). 6. Added by Act 66 of 1971, s. 5 (w.e.f. 23-12-1971). 7. Subs. by Act 30 of 1974, s. 10, for sub-section (2) (w.e.f. 22-6-1974). 16

(a) the contravention of an order made under section 3 with respect to― 1* * * * * (ii) foodstuffs, including edible oilseeds and oil; or (iii) drugs; and (b) where any notification issued under sub-section (1) in relation to a special order is in force, the contravention of such special order, shall be tried in a summary way by a Judicial Magistrate of the First Class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in the manner provided by the said Code.] (3) Notwithstanding anything to the contrary contained in 2[the Code of Criminal Procedure, 1973 (2 of 1974),] there shall be no appeal by a convicted person in any case tried summarily under this section in which the Magistrate passes a sentence of imprisonment not exceeding one month, 3[and of fine not exceeding two thousand rupees] whether or not any order of forfeiture of property or an order under 4[section 452] of the said Code is made in addition to such sentences, but an appeal shall lie where any sentence 5*** in excess of the aforesaid limits is passed by the Magistrate. 6[(4) All cases relating to the contravention of an order referred to in clause (a) of sub-section (2), not being a special order, and pending before a Magistrate immediately before the commencement of the Essential Commodities (Amendment) Act, 1974, and, where any notification is issued under sub- section (1) in relation to a special order, all cases relating to the contravention of such special order and pending before a Magistrate immediately before the date of the issue of such notification, shall, if no witnesses have been examined before such commencement or the said date, as the case may be, be tried in a summary way under this section, and if any such case is pending before a Magistrate who is not competent to try the same in a summary way under this section, it shall be forwarded to a Magistrate so competent.] 7[12B. Grant of injunction, etc., by civil courts.―No civil court shall grant an injunction or make any order for any other relief, against the Central Government or any State Government or a Public officer in respect of any Act done or purporting to be done by such Government, or such officer in his official capacity, under this Act or any order made thereunder, until after notice of the application for such injunction or other relief has been given to such Government or officer.] 13. 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 (1 of 1872). 14. Burden of proof in certain cases.―Where a person is prosecuted for contravening any order made under section 3 which prohibits him from doing any act or being in possession of a thing

1. Sub-clause (i) omitted by Act 54 of 2006, s. 5 (w.e.f. 12-2-2007). 2. Subs. by Act 30 of 1974, s. 10, for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 22-6-1974). 3. Subs. by Act 30 of 1974, s. 10, for “or of fine not exceeding two thousand rupees or both” (w.e.f. 22-6-1974). 4. Subs. by s. 10, ibid., for “section 517” (w.e.f. 22-6-1974). 5. The words “of imprisonment or fine” omitted by s. 10, ibid. (w.e.f. 22-6-1974). 6. Subs. by s. 10, ibid., for sub-section (4) (w.e.f. 22-6-1974). 7. Ins. by s. 11, ibid. (w.e.f. 22-6-1974). 17 without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document shall be on him. 15. Protection of action taken under Act.―(1) No suit, prosecution or other legal proceeding 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. (2) No suit or other legal proceeding shall lie against the 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. 1[15A. Prosecution of public servants.―Where any person who is a public servant is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his duty in pursuance of an order made under section 3, no court shall take cognizance of such offence except with the previous sanction― (a) of the Central Government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union; (b) of the State Government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the State.] 16. Repeals and savings.―(1) The following laws are hereby repealed:― (a) the Essential Commodities Ordinance, 1955 (1 of 1955); (b) any other law in force in any State immediately before the commencement of this Act in so far as such law controls or authorises the control of the production, supply and distribution of, and trade and commerce in, any essential commodity. (2) Notwithstanding such repeal, any order made or deemed to be made by any authority whatsoever, under any law repealed hereby and in force immediately before the commencement of this Act, shall, in so far as such order may be made under this Act, be deemed to be made under this Act and continue in force, and accordingly any appointment made, licence or permit granted or direction issued under any such order and in force immediately before such commencement shall continue in force until and unless it is superseded by any appointment made, licence or permit granted or direction issued under this Act. (3) The provision of sub-section (2) shall be without prejudice to the provision contained in section 6 of the General Clauses Act, 1897 (10 of 1897), which shall also apply to the repeal of the Ordinance or other law referred to in sub-section (1) as if such Ordinance or other law had been an enactment.

1. Ins. by Act 92 of 1976, s. 8 (w.e.f. 2-9-1976). 18

1[THE SCHEDULE (See section 2A) ESSENTIAL COMMODITIES (1) drugs. Explanation.―For the purposes of this Schedule, “drugs” has the meaning assigned to it in clause (b) of section 3 of the Drugs and Cosmetics Act, 1940; (2) fertilizer, whether inorganic, organic or mixed; (3) foodstuffs, including edible oilseeds and oils; (4) hank yarn made wholly from cotton; (5) petroleum and petroleum products; (6) raw jute HI jute textiles; (7) (i) seeds of food-crops and seeds of fruits and vegetables; (ii) seeds of cattle fodder; and (iii) jute seeds.] 2[(iv) cotton seed.] 3[(8) masks (2ply & 3ply surgical masks, N95 masks) & hand sanitizers.]

1. Ins. by Act 54 of 2006, s. 3 (w.e.f. 12-2007). 2. Ins. by S.O. 2988(E), dated 22nd December, 2010. 3. Added by Notification No. S.O. 1087(E) (w.e.f. 13-3-2020). 19

2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

“3. प्रत्येक उिवरक परीिण प्रयोगिाला िो जिजन셍दवष्ट या उपखंड (1) के अधीन रा煍य सरकार द्वारा अजधसूजित है, को परीिण और कैजलब्रेिन प्रयोगिाला䴂 के जलए राष्ट्रीय मान्यता बोडव से 28 जसत륍बर, 2020 से दो ििव की अिजध के भीतर मान्यता प्राप्त करना अपेजित होगा ।”।

3. प्र셂प क1 मᴂ, क्रम सं. 3 मᴂ, “जिपणनकताव” ि녍द अंतःस्ट्र्ाजपत ककया िाएगा ।

4. उि आदेि मᴂ, प्र셂प ‘ञ’ मᴂ,-

(क) क्रम सं. 1 मᴂ, “आयातकताव” ि녍द के पश्चात्, “या जिपणनकताव” ि녍द अंतःस्ट्र्ाजपत ककए िाएं ;

(ख) व्यौहारी की रसीद िीिवक के अधीन, “व्यौहारी/जिजनमावता/आयातकताव/पुल हℂडललंग अजभकरण” के पश्चात्, “जिपणनकताव” ि녍द अंतःस्ट्र्ाजपत ककए िाएंगे । [फा. सं. 1-6/2020 उिवरक जिजध]

नीरिा आकदडम, संयुि सजिि

रिप्पण :- उिवरक (जनयंत्रण) आदेि, 1985, भारत के रािपत्र, असाधारण, भाग II, खंड 3, उपखंड (ii) मᴂ, सा.का.जन. सं. 758(अ), तारीख 25 जसत륍बर, 1985 द्वारा प्रकाजित ककया गया र्ा और अजधसूिना सं. का.आ. 2324(अ), तारीख 14 िुलाई, 2020 द्वारा अंजतम बार संिोजधत ककया गया र्ा ।

MINISTRY OF AGRICULTURE AND FARMERS WELFARE (Department of Agriculture, Cooperation and Farmers Welfare) ORDER New Delhi, the 29th September, 2020 S.O. 3410(E).— In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order further to amend the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985, namely:- 1. (1) This Order may be called the Fertiliser (Inorganic, Organic or Mixed) (Control) Third Amendment Order, 2020 (2) It shall come into force on the date of its publication in the Official Gazette. 2. In the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985, (hereinafter referred to as the said Order), in clause 29, after sub-clause (2), the following sub-clause shall be inserted, namely, - “3. Every fertiliser testing laboratories specified or notified by the State Government under sub-clause (1) shall be required to obtain the accreditation of the National Accreditation Board for Testing and Calibration Laboratories within a period of two years from 28th day of September, 2020.” 3. In Form A1, in serial number 3, the word “marketer” shall be inserted 4. In the said Order, in FORM ‘J’, - (a) in serial 1, after the word “importer”, the words “or Marketer may be inserted; (b) in the receipt of the dealer after the words Signature of Dealer or Manufacturer or Importer or Pool handling agency” the words “or Marketer” shall be inserted. [F. No. 1-6/2020 Fert Law] NEERAJA ADIDAM, Jt. Secy.

Note.- The Fertiliser (Control Order, 1985 was published in the Gazette of India, vide notification number G.S.R. 758 (E), dated 25th September, 1985 and was last amended vide notification number S.O. No. 2324 (E) dated 14th July, 2020.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. [भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 5 Ministry of Agriculture and Farmers Welfare (Department of Agriculture, Cooperation and Farmers Welfare) Order New Delhi, the 29th October, 2020 S.O. 3885(E).— In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order further to amend the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985, namely:- 1. (1) This Order may be called the Fertiliser (Inorganic, Organic or Mixed) (Control) Fourth Amendment Order, 2020 (2) It shall come into force on the date of its publication in the Official Gazette.

2. In the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985, (hereinafter referred to as the said Order) - (i) in clause 2 , in sub-clause (ee), after the words “fusion blend granulation,” the words “or precision blend technology,” shall be the inserted; (ii) after clause 23, the following clause shall be inserted, namely: — ’23 A. Reprocessing of fertiliser damaged during storage.- (1) Notwithstanding anything contained in this order, where the stock of fertiliser damaged during its storage, the manufacturer or the importer of such fertiliser may make an application for grant of certificate of reprocessing in Form I-1 along with prescribed fee to the Notified Authority for reprocessing such fertiliser in the manufacturing unit of such manufacturer or the unit mentioned by the importer in his application. (2) The Notified Authority may, on being satisfied, allow the application made under sub-clause (1) and grant the certificate of reprocessing in Form – I-2, subject to the following conditions, namely:- (a) the container of such damaged material shall be conspicuously superscribed in red color with the word “Damaged” and also with sign “X”. (b) the damaged fertiliser shall be moved from the godown within one week from the date of grant of certificate of reprocessing.’; (iii) in clause 36, in sub-clause (1), after the words “certificate of manufacture”, the words “or certificate of authorisation for sale of non-standard fertiliser or certificate for reprocessing of fertiliser damaged during storage”, shall be inserted; (iv) in Schedule –I, (a) in Part-A, under the heading “specifications of fertilizers”,- (A) under the sub-heading “1(i) 100% Water Soluble Complex Fertilisers”, after serial number 7 and the entries relating thereto, the following serial number and entries shall be, inserted namely:- “8. 24-24-0 100% Water Soluble Complex Fertiliser S.No. Parameter (i) Moisture per cent. by weight maximum 0.5

(ii) Total Nitrogen (Ammonical and Nitrate) minimum 24.0 (iii) Ammonical Nitrogen per cent. by weight minimum 14.0

(iv) Nitrate Nitrogen per cent. by weight minimum 10.0

(v) Water Soluble Phosphorus per cent. by weight minimum 24.0

(vi) matter insoluble in water per cent. by weight maximum 0.5 ”;

6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

(B) under the sub-heading “1 (j) Benefical Element Fertilisers”, after serial number 1 and the entries relating thereto, the following serial number and entries shall be, inserted namely:- “2. Diatomite Silicon i. Moisture per cent. by weight maximum 12.0 ii. pH , minimum 7.5 iii. Plant available silicon (Si (OH)4 per cent. by weight minimum 0.08 iv. Lead (as Pb) per cent by weight, maximum 0.003 v. Cadmium (as Cd) per cent by weight, maximum 0.0025 vi. Arsenic (as As) per cent by weight, maximum 0.01 vii. Particle Size :Not less than 80 per cent. of the material shall retain between 6 mm IS sieve and 2mm IS sieve.” ; (C) under the sub-heading “1 (k) LIQUID FERTILISERS”, after serial number 2 and the entries relating thereto, the following serial numbers and entries shall be, inserted namely:- “3.Chelated Zinc as Zinc–Glycine ( liquid) (i) Zinc (as Zn), per cent. by weight , minimum 6.80 (ii) pH (1 per cent. Distilled water 4.0-5.5 (iii) Specific gravity 1.21-1.28

4.Chelated Calcium as Calcium-Glycine (liquid) (i) Calcium (as Ca), per cent. by weight, minimum 6.00 (ii) pH (1 per cent. Distilled water) 5.5-7.0 (iii) Specific gravity 1.15-1.22 5. Chelated Boron as Boron-Glycine (liquid) (i) Boron (as B), per cent. by weight ,minimum 5.0 (ii) pH (1 per cent. Distilled water 8.0-9.0 (iii) Specific gravity (g/ml) 1.10-1.23” ; (b) in Part –B, in serial number 4, for the figure and word “3 units”, the figure and word “7 units” shall be substituted; (v) after Form ‘I’, the following forms shall be inserted, namely:- “Form ‘I-1’ [See clause 23 A] APPLICATION TO GRANT CERTIFICATE FOR REPROCESSING OF DAMAGED FERTILIZER To, The Notified Authority State of______1. Full name and address of the applicant: 2. The name of fertilizers which is damaged: 3. Whether the material is indigenously manufactured or imported: 4. Name of the Manufacturer /Importer: [भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 7

5. Name of the dealer with whom the material is stored or location of godown or warehouse where the material is stored: 6. If the material is stored with dealer ( wholesaler/retail dealer), provide the number and date of authorisation letter granted in favour of the dealer: 7. Approximate quantity of damaged fertiliser and their number of bags: 8. Address of the plant where the material is to be reprocessed: 9. Whether the damaged material has been segregated: 10. Whether the damaged material is conspicuously superscribed with the word ‘Non- Standard’ and also whether the “X’ mark was marked on the bags of the material. I enclose a copy of the authorization letter for the dealing in fertilizers already granted to me and I have deposited the prescribed fee for permission to reprocess the fertilizer damaged during storage. I certify, that I have complied with the requirements of clause 23A of the Fertilizers (Control) Order, 1985 and no subsidy /assistance is availed on this material. Signature of the applicant Name and address of applicant in block letters Date: Place: Form ‘I-2’ [See clause 23 A] CERTIFICATE FOR REPROCESSING OF FERTILISER DAMAGED DURING STORAGE Book No. Date of Issue M/s (Name of manufacturer/importer ) is/are hereby permitted to reprocess the fertiliser damaged during storage described below subject to the terms and conditions noted hereunder:- 1. Name of the fertiliser: 2. Name of the manufacturer /importer: 3. Name and address of the dealer or godown or warehouse where the material is stored: 4. Quantity of damaged fertiliser permitted to be reprocessed: 5. Address/location of the plant where the material is to be reprocessed: Terms and Conditions: (1) The material shall be moved within one week from the date permission is granted. (2) The company shall inform the Department of Fertiliser, Ministry of Chemical and Fertilisers/Government of India about reprocessing of fertiliser damaged during storage. (3) Before selling the same, the company shall ensure its quality/standards. Date: Notified Authority. Seal: State of ______

[F. No. 2-1/2020 Fert Law] NEERAJA ADIDAM, Jt. Secy. 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

Foot Note: The Principal order was published in the Gazette of India, Extraordinary, Part II,section 3 (1), vide notification number G.S.R. 758 (E), dated 25th September,1985 and was last amended vide notification number 3410(E) dated 29-09-2020.

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29. का.आ. 3663(अ)/आर्श्क य र्स्ट् तु/गन्‍द िा तारीख 26.07.2018

30. का.आ. 5258(अ)तारीख 12.10.2018

31. का.आ. 4149(अ)/आर्श्क य र्स्ट् तु/गन्‍द िा तारीख 19.11.2019 MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Food and Public Distribution) ORDER New Delhi, the, 30th December, 2020 S.O. 4778(E).—In exercise of the powers conferred by section 3 of the Essential Commodities Act,1955 (10 of 1955), the Central Government hereby makes the following Order further to amend the Sugarcane (Control) Order, 1966, namely: - 1. (1) This Order may be called the Sugarcane (Control) Amendment Order, 2020. (2) It shall come into force on the date of its publication the Official Gazette. 2. In the Sugarcane (Control) Order, 1966, for clause 6C, the following clause shall be substituted, namely:- “6C. Time-limit to implement Industrial Entrepreneur Memorandum.- (1)The stipulated time for taking effective steps as specified in Explanation 4 to clause 6A shall be three years and the commercial production of sugar shall commence within five years from the date of filing of the Industrial Entrepreneur Memorandum with the Central Government under sub-clause(1) of clause 6B failing which the Industrial Entrepreneur Memorandum shall stand de-recognised as provided in sub-clause:(2) thereof, and the performance guarantee furnished thereunder shall be forfeited: (2) The time limit specified in sub-clause (1) may be extended in the following manner, namely:- (a) where the delay is due to any unforeseen circumstances beyond the control of the person concerned such as natural calamities including drought or non-availability of sugarcane (raw material) during off season in the year in which the stipulated period terminates or non-financing of sugar sectors or delay in getting necessary approvals from the State Government or due to any court case relating to land use, environment or such other reason, that may have arisen within five years from the date of filing of Industrial Entrepreneur Memorandum, the Chief Director (Sugar), Department of Food and Public Distribution, Ministry of Consumer Affairs, Food and Public Distribution may, after the expiry of five years’ period stipulated in sub-clause (1), extend the period stipulated in sub-clause (1) to a further period of two years, not exceeding more than a year at a time: Provided that such extension for taking effective steps or for the commencement of commercial production of sugar, may be granted in consultation with the State Government concerned and the Department of Legal Affairs, Ministry of Law and Justice, if considered necessary: Provided further that in case where the commercial production of sugar does not commence within such extended period, the bank guarantee furnished under sub-clause (2) of clause 6B shall be forfeited; (b) in case where such delay arising due to any unforeseen circumstances or delay in getting necessary approvals from the State Government or court case relating to land use, environment or such other reason continues beyond the period extended under item (a), the Chief Director (Sugar), Department of Food and Public Distribution, Ministry of Consumer Affairs, Food and Public Distribution may grant extension of such further period, as he deems fit, not exceeding more than a year at a time, subject to furnishing of a bank guarantee of rupees fifty lakh for each year for which the extension is sought, which shall be in addition to the bank guarantee furnished under sub-clause (2) of clause 6B: Provided that such extension for taking effective steps or for the commencement of commercial production of sugar, may be granted in consultation with the State Government concerned and the Department of Legal Affairs in the Ministry of Law and Justice, if considered necessary: Provided further that in case the commercial production does not commence within any such extended period of one year, such bank guarantee of rupees fifty lakh so furnished for that one year of extension shall be forfeited and if commercial production does not commence within any of such extended period, the bank guarantee furnished under sub-clause (2) of clause 6B shall also be forfeited. (c) notwithstanding anything contained in this sub-clause, in view of the problems faced by the project proponents on account of lockdown imposed due to Corona Virus Pandemic (COVID-19), further extension of one year may be granted beyond the period stipulated or extended under this clause for [भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 5 implementation of Industrial Entrepreneur Memorandum if such stipulated period or extension falls during the period between the 1st day of March, 2020 and the 28th February, 2021 and in such cases, the condition relating to furnishing of bank guarantee under item (b) shall not apply”. [F. No. 27(4)/2006-ST(Vol.II)] SUBODH KUMAR SINGH, Jt. Secy. Note:- The principal order was published in the Gazette of India, Extraordinary under Order number G.S.R. 1126,(E), Ess. Com/Sugarcane dated the16th July, 1966 and was subsequently amended vide:-

1. G.S.R. 35/Ess.Com/Sugarcane dated 05.01. 1967 2. G.S.R. 1591/Ess.Com/Sugarcane dated 17.10.1967 3. G.S.R. 945/Ess.Com/Sugarcane dated 18.05.1968 4. G.S.R.1456/Ess.Com/Sugarcane dated 02.08.1968 5. G.S.R. 620(E)/Ess.Com/Sugarcane dated 08.04.1970 6. G.S.R. 402(E)/Ess.Com/Sugarcane dated 25.09.1974 7. G.S.R. 492(E)/Ess.Com/Sugarcane dated 12.09.1975 8. G.S.R. 542(E)/Ess.Com/Sugarcane dated 27.10.1975 9. G.S.R. 484(E)/Ess.Com/Sugarcane dated 26.07.1976 10. G.S.R. 799(E)/Ess.Com/Sugarcane dated 13.09.1976 11. G.S.R. 815(E)/Ess.Com/Sugarcane dated 24.09.1976 12. G.S.R. 913(E)/Ess.Com/Sugarcane dated 09.12.1976 13. G.S.R. 62(E)/Ess.Com/Sugarcane dated 02.02.1978 14. G.S.R. 197(E)/Ess.Com/Sugarcane dated 28.03.1978 15. G.S.R. 427(E)/Ess.Com/Sugarcane dated 03.07.1981 16. G.S.R. 79(E)/Ess.Com/Sugarcane dated 24.02.1982 17. G.S.R. 695(E)/Ess.Com/Sugarcane dated 09.09.1983 18. G.S.R. 903(E)/Ess.Com/Sugarcane dated 29.11.2000 19. G.S.R. 113(E)/Ess.Com/Sugarcane dated 20.02.2003 20. G.S.R. 204(E)/Ess.Com/Sugarcane dated 22.03.2004 21. S.O. 1940 (E) dated 10.11.2006 22. S.O. 1309(E)/Ess.Com/Sugarcane dated 31.07.2007 23. S.O. 2198(E)/Ess.Com/Sugarcane dated 28.12.2007 24. S.O. 2984(E)/Ess.Com/Sugarcane dated 29.12.2008 25. S.O. 2665(E)/Ess.Com/Sugarcane dated 22.10.2009 26. S.O. 33(E)/Ess.Com/Sugarcane dated 07.01.2010 27.G.S.R. 2787/Ess.Com/Sugarcane dated 24.08.2016 28.S.O. 3093(E)/Ess.Com/Sugarcane dated 30.09.2016 29.S.O. 3663(E)/Ess.Com/Sugarcane dated 26.07.2018 30. S.O. 5258(E) dated 12.10.2018 31. S.O. 4149(E)/Ess.Com/Sugarcane dated 19.11.2019

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स्ट्‍ प टी करण – इस खंड के प्रयोिनैेतु , िैव एथेनॉल (ई100) से तात् पयच “आटोमोटटव प्रयोग के जलए एनैाइड्रस अ쥍 कोैॉल" नाम से “आईएस 15464: 2004” के अधीन बीआईएस द्वारा मान्द् यताप्राप् त एनैाइड्रस अ쥍 कोैॉल से ैै।

[फा. सं. पी -11013/1/2015-जवत.]

डॉ. नवनीत मोैन कोठारी, संयुक्त सज셍व

टटप्पण: - मूल आदेि, भारत के रािपत्र, असाधारण, भाग II, खंड 3, उप-खंड (i) मᴂ सा.का.जन. 729(अ) तारीख 19 ददसंबर, 2005 द्वारा प्रकाजित दकए गए थे और तत्पश्चात् संखयांक सा.का.जन. 18(अ), तारीख 12 िनवरी, 2007, सा.का.जन. 1(अ), तारीख 31 ददसंबर, 2008, सा.का.जन. 352(अ), तारीख 6 मई, 2014, सा.का.जन. 621(अ), तारीख 10 अगस्ट्त, 2015, सा.का.जन. 728(अ), तारीख 29 िून, 2017, सा.का.जन. 830(अ), तारीख 8 नवंबर, 2019, सा.का.जन. 903(अ), तारीख 10 ददसंबर, 2019 और सा.का.जन. 78(अ), तारीख 3 फरवरी, 2020 द्वारा संिोजधत दकए गए थे।

MINISTRY OF PETROLEUM AND NATURAL GAS ORDER New Delhi, the 22nd March, 2021 G.S.R. 203(E).— In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order further to amend the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005, namely:- 1. Short title and commencement:- (1) This Order may be called the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) (Amendment) Order, 2021. (2) It shall come into force on the date of its publication in the Official Gazette. 2. In the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005, after clause 6A, the following clause shall be inserted, namely:- “6B. Limited purpose of direct sale of bioethanol (E100) for use as standalone fuel or blending with motor spirit, for compatible automobiles- The Central Government permits the direct sale of bioethanol (E100) by an oil company for use as standalone fuel or blending with motor spirit, for compatible automobiles to all consumers, in accordance with the standards specified by the Bureau of Indian Standards. Explanation:- For the purposes of this clause, bioethanol (E100) means anhydrous alcohol recognised by BIS under “IS 15464: 2004” under the name “Anhydrous alcohol for automotive use” [F. No.P-11013/1/2015-Dist.] Dr. NAVNEET MOHAN KOTHARI, Jt. Secy. Note:- The principal Order was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 729(E), dated the 19th December, 2005 and subsequently amended vide number G.S.R. 18(E), dated the 12th January, 2007, G.S.R. 1(E), dated the 31st December, 2008, G.S.R. 352(E), dated the 6th May, 2014, G.S.R. 621(E), dated the 10th August, 2015, G.S.R. 728(E), dated the 29th June, 2017, G.S.R. 830(E), dated the 8th November, 2019, G.S.R. 903(E), dated the 10th December, 2019 and G.S.R. 78(E), dated the 3rd February, 2020.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. [भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 11

5.प्र셁प- ि 1 में उपर्ंजधत कोई सूिना यकद गलत पायी िातीहै या कोई जनर्ंधनों और ितों के उ쥍लंघन पर उिवरक जनयंत्रक अंनजतम रजिस्ट्रीकरण को रद्द कर कदया िाएगा।

(जनयंत्रक)

[फा. सं. 3-14/2017 उिवरक जिजध]

नीरिा आकदडम, संयुि सजिि

रटप्पण : मूल आदेि सा.का.जन.758 (अ), तारीख 25 जसतंर्र, 1985 द्वारा भारत के रािपत्र में प्रकाजित ककया गया र्ा का.आ 3885 (अ),29 असटूर्र,2020 द्वारा अंजतम र्ार संिोजधत ककया गया ।

MINISTRY OF AGRICULTURE AND FARMERS WELFARE (Department of Agriculture, Cooperation and Farmers Welfare) ORDER New Delhi, the 23rd February, 2021 S.O. 882 (E). –– In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order further to amend the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985, namely:- 1. (1) This Order may be called the Fertiliser (Inorganic, Organic or Mixed) (Control) Amendment Order, 2021. (2) It shall come into force on the date of its publication in the Official Gazette. 2. In the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985 (hereinafter referred to as the said Order), in clause 2,–– (i) after sub-clause (aa), the following sub-clause shall be inserted, namely:–– ‘(ab) “biostimulant” means a substance or microorganism or a combination of both whose primary function when applied to plants, seeds or rhizosphere is to stimulate physiological processes in plants and to enhance its nutrient uptake, growth, yield, nutrition efficiency, crop quality and tolerance to stress, regardless of its nutrient content, but does not include pesticides or plant growth regulators which are regulated under the Insecticide Act, 1968 (46 of 1968); (ii) in sub-clause (h), after the words “State Governments”, the words “and includes a biostimulant” shall be inserted; (iii) in sub-clause (q), after item (vii), the following item shall be inserted, namely:–– “(viii) in relation to a biostimulant included in column (2) of Part-A of Schedule VI, the standard set out in the corresponding entry in column (3), subject to the limits of permissible variations as specified in Part-B of the said Schedule;” 3. In the said order, after clause 20B, the following clause shall be inserted, namely:–– “20C. Specifications in respect of biostimulants.––(1) Notwithstanding anything contained in this Order, the specifications of biostimulants, including its name, active ingredients or where it is not possible to indicate its active ingredients, then its chemical composition, name of the crop to which it may be applied, its benefits and the method of analysis for determination of its active ingredients or chemical composition shall be specified by the Central Government in Schedule VI. (2) The biostimulants specified in Schedule VI shall be classified under any of the following categories, namely:–– (a) botanical extracts, including seaweed extracts; (b) bio-chemicals; (c) protein hydrolysates and amino acids; (d) vitamins; 12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

(e) cell free microbial products; (f) antioxidants; (g) anti-transpirants; (h) humic and fulvic acid and their derivatives (3) Notwithstanding anything contained in this order, every manufacturer or importer of a biostimulant shall make an application to the Controller in Form G along with the following data relating to such product for specifying it as a biostimulant in Schedule VI, namely;–– A. Chemistry: 1. Source (natural extracts of plant/microbe/animal / synthetic) 2. Product Specification (with analysis from Good Laboratory Practice(GLP) or National Accreditation Board for Testing and Calibration Laboratory (NABL) accredited laboratory, Physical and Chemical properties of active ingredients and adjuvants, if any. 3. Method of analysis conforming to the specifications. 4. Shelf-life; B. Bio-efficacy Trials: 1. Agronomic Bio-efficiency trials shall be conducted at National Agricultural Research System, including Indian Council of Agricultural Research, State Agricultural Universities. 2. Bio-efficacy trials shall be conducted at minimum three different doses for one season at three agro- ecological locations; C. Toxicity: Name of the Institute (where the manufacturer of biostimulant obtained the certificate) The test report along with recommendation of following five basic acute toxicity tests (i) to (v) and four Eco toxicity tests (vi) to (ix) of GLP accredited laboratory shall be submitted along with the application, namely:– (i) Acute oral (Rat) (ii) Acute dermal (Rat) (iii) Acute Inhalation (Rat) (iv) Primary skin Irritation (Rabbit) (v) Eye irritation (Rabbit) (vi) Toxicity to bird (vii) Toxicity to Fish (Freshwater) (viii) Toxicity to honeybee (ix) Toxicity to earthworm Note:- Long-term chronic studies as in case of pesticides are not needed to be conducted; D. Heavy metal analysis report; E. The sample of the product along with an Affidavit by the manufacturer or importer on non- judicial stamp paper of rupees ten stating that the product is not laced with pesticide beyond permissible limit of 0.01ppm Provided that in case of a biostimulant having natural origin or other, the requirement of necessary data shall be as decided by the Central Biostimulants Committee as per the guidelines formulated by it in this regard: Provided further that every manufacturer or importer of a biostimulant shall, notwithstanding that such biostimulant has been specified in Schedule VI, be required to make an application under this sub-clause. (4) Notwithstanding anything contained in this order, any person manufacturing a biostimulant as on the date of publication of this order for which no standards have been specified, may, subject to making an application for grant of provisional registration under sub-clause (5), continue to manufacture for sale, sell, offer for sale, stock or exhibit such biostimulant for a period of two years from the date of publication of this order. [भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 13 (5) The manufacturer referred to in sub-clause (4) shall, within a period of six months from the date of publication of this order, submit an application to the Controller for grant of provisional registration in Form G-1 along with–– (a) details of the product, its specifications, label and such other particulars as may be required; (b) a certificate issued by the State Government in Form G-2 to the effect that–– (i) the product is available in the market prior to the publication of the said order; and (ii) no incident has come to its notice about harmful effect of the product. (6) On receipt of an application under sub-clause (5) for provisional registration, the Controller shall, by an order in writing, grant a provisional certificate of registration of biostimulant in Form G-3. (7) No person shall manufacture or import any biostimulant unless such biostimulant is included in schedule VI. (8) The Controller shall, by notification in the Official Gazette, publish the name of the manufacturer or importer of the biostimulant included in Schedule VI. (9) No biostimulant shall contain heavy metals content over and above the following maximum limit prescribed for various metals, namely,––

In mg/kg (maximum) Cadmium (as Cd) 5.00 Chromium (VI) (as Cr) 50.00 Copper (as Cu) 300.00 Zinc (as Zn) 1000.00 Lead (as Pb) 100.00

Arsenic (as As2O3) 10.0.

(10) No biostimulant shall contain any pesticide beyond the permissible limit of 0.01ppm. 4. In the said Order, in clause 21, –– (i) in the opening portion, for the words “fertiliser or non-edible de-oiled cake fertiliser”, the words “fertiliser, non-edible de-oiled cake fertiliser or biostimulant” shall be substituted; (ii) after item (c), the following item shall be inserted, namely:–– ‘(d) every container in which any biostimulant is packed shall be conspicuously superscribed with the word “Biostimulant” and shall bear only such particulars as the Central Government may, by notification in the Official Gazette, specify in this behalf, unless any other particulars are required under any other law for the time being in force.’ 5. In the said Order, in clause 28, in sub-clause (1), after item (bc), the following item shall be inserted, namely:–– “(bd) draw samples of any biostimulants in accordance with the procedure of drawal of samples laid down in Schedule VI; Provided that the Inspector shall prepare the sampling details in duplicate in Form-J and handover one copy of the same to the dealer or his representative from whom the sample has been drawn;”. 6. In the said order, in clause 29, after sub-clause (1B), the following sub-clause shall be inserted, namely:–– “(1C) A biostimulant sample drawn by an inspector shall be analysed in accordance with the procedure contained in Part C of Schedule VI in the Central Fertiliser Quality Control and Training Institute, Faridabad or its regional laboratories or in any other laboratory notified for this purpose by the State Government with prior approval of Central Government.”.

14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

7. In the said order, after clause 38, the following clause shall be inserted, namely:–– “38A. Central Biostimulant Committee.–– (1) The Central Government may, by notification in the Official Gazette, constitute a Committee to be called ‘Central Biostimulant Committee’ with the Agriculture Commissioner as its Chairperson and seven other members, subject to such terms and conditions, as may be specified therein. (2) The Central Biostimulant Committee shall advise the Central Government on the following issues, namely:–– (i) inclusion of a new biostimulant; (ii) specifications of various biostimulants; (iii) methods of drawing of samples and its analysis; (iv) minimum requirements of laboratory; (v) method of testing of biostimulants; (vi) any other matter referred to the Committee by the Central Government. (3) The Committee may, subject to the previous approval of the Central Government, make bye-laws fixing the quorum and regulating its own procedure and the conduct of all business to be transacted by it. (4) The committee may co-opt such number of experts and for such purposes or periods as it may deem fit, but any expert so co-opted shall not have the right to vote. (5) The committee may appoint one or more sub-committees, consisting wholly of its members or partly of its members and co-opted members, as it thinks fit, for the purpose of discharging such for its functions as may be delegated to such sub-committee. (6) The Central Biostimulants Committee shall frame guidelines laying down the requirements of toxicology testing and other related tests. 8. In the said Order, after Schedule V, the following Schedules shall be inserted, namely:––

“Schedule VI [See clause 2(ab) and (q) and clause 20C]

Part-A SPECIFICATIONS OF BIOSTIMULANTS

Sl. No. Biostimulants Standard (1) (2) (3)

Part-B TOLERANCE LIMIT

Sl. No. Biostimulants Tolerance limit (1) (2) (3)

[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 15 Part-C PROCEDURE FOR DRAWAL OF SAMPLES OF BIOSTIMULANTS 1. General Requirements of Sampling 1.0 In drawing, preparing and handling of samples, the following precautions and directions shall be observed–– 1.1 Sampling shall be carried out by a trained and experienced person as it is essential that the sample should be representative of the lot to be examined. 1.2 Samples in their original unopened packets should be drawn and sent to the laboratory to prevent possible contamination of sample during handling and to help in revealing the true condition of the material. 1.3 Intact packets shall be drawn from a protected place not exposed to dampness, air, light, dust or soot. 2. Scale of Sampling 2.1 Lot; All units (containers in a single consignment of type of material belonging to the same batch of manufacture) shall constitute a lot. If a consignment consists of different batches of the manufacture, the containers of the same batch shall be separated and shall constitute a separate lot. 2.2 Batch:- All biostimulants prepared simultaneously in the same process constitute a batch. 2.3 For ascertaining conformity of the material to the requirements of the specification, samples shall be tested from each lot separately. 2.4 The number of packets to be selected from a lot shall depend on the size of the lot and these packets shall be selected at random. 3. Drawal of Samples 3.1 The Inspector shall take three packets as samples from the same batch. Each sample constitutes a test sample. 3.2 Each sample shall be sealed in a cloth bag and be sealed with the Inspector’s seal. The sealed cloth bag containing the sample and Form-P shall be kept in another cloth bag which shall also be sealed with the Inspector’s seal. Identifiable details such as sample number, code number or any other details shall be put on the cloth bag containing sample and Form-P which enable its identification. 3.3 Out of the three samples collected, one sample so sealed shall be sent to in-charge of the laboratory notified by the State Government under the sub-clause (1C) of clause 29 or any laboratory notified by the Central Government. Another sample shall be given to the manufacturer or importer or dealer, as the case may be. The third sample shall be sent by the Inspector to his next higher authority for keeping in safe custody. Any of the latter two samples shall be sent for reference analysis under sub-clause (2) of clause 29B. 3.4 The number of samples to be drawn from the lot;

Lot/Batch Number of Samples Upto 5,000 packets 3 5,001-10,000 packets 4 More than 10,000 packets 5

16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

Part-D METHODOLOGY OF TESTING.”. 9. In the said Order, in Forms and Registration,–– (i) in Form-J, for the words “[See clause 28(1) (b) and 28 (1) (bb)], the words “[See clause 28(1)(b), 28(1)(ba), 28(1) (bb), 28(1)(bc) and 28(1)(bd)] shall be substituted. (ii)after Form-F, the following Forms shall be inserted, namely:––

FORM- G [See clause 20C(3)] APPLICATION FOR INCLUSION OF BIOSTIMULANTS IN SCHEDULE VI To,

The Controller of Fertiliser ------

(i) Name of manufacturer along with address of unit where it is located: (ii) Address of the Registered office of the company: (iii) Location and full address of storage / godown(s): (iv) Name and address of the applicant along with his designation, contact number and email ID: (v) PAN and Adhaar number of the authorized person: (vi) Name of biostimulant (indicate the category of biostimulant as specified in sub-clause (2) of clause 20C): (vii) Brand Name: (viii) In case of importer, following additional information shall be provided: (a) country of origin: (b) is biostimulant registered under country of origin (provide the copy): (c) whether the agronomic efficacy trials and toxicity trials are conducted in the country of origin: (ix) Technical details of product: (x) Labels and leaflet details: (xi) Quantity manufactured and sold during last three years (attach sale document):

Verification:-

I do hereby solemnly verify that to the best of my knowledge and belief the statement given above is correct and complete. I clearly understand that the certificate of registration is liable to be canceled if any information or data, submitted with application is found incorrect or false at any stage.

Signature of the applicant [भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 17 FORM- G-1 [See clause 20C(5)] APPLICATION FOR PROVISIONAL REGISTRATION OF BIOSTIMULANTS

To,

The Controller of Fertiliser ------

(i) Name of manufacturer along with address of unit where it is located: (ii) Address of the Registered office of the company: (iii) Location and full address of storage / godown(s): (iv) Name and address of the applicant along with his designation, contact number and email ID: (v) PAN and Adhaar number of the authorized person: (vi) Name of biostimulant (indicate the category of biostimulant as specified in sub-clause (2) of clause 20C): (vii) Brand Name: (viii) In case of importer, following additional information shall be provided: (a) country of origin: (b) is biostimulant registered under country of origin (provide the copy): (c) whether the agronomic efficacy trials and toxicity trials are conducted in the country of origin: (ix) Technical details of product: (x) Labels and leaflet details: (xi) Quantity manufactured and sold during last three years (attach sale document): (xii) Date and year when introduced in market: (xiii) State(s) in which product is sold:

Verification:-

I do hereby solemnly verify that to the best of my knowledge and belief the statement given above is correct and complete.

I clearly understand that the certificate of registration is liable to be canceled if any information or data, submitted with application is found incorrect or false at any stage.

Signature of the applicant

18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

FORM- G-2 [See clause 20C(5)(b)] (To be issued by the State Government(s)) This is to certify that M/s is selling biostimulant (Name) brand name prior to the (date of publication of notification) and during last three years, ----- metric ton/ litre of biostimulant were sold in the state. This is further certified that no complaint has so far been reported of ill effects or hazardous effects of the said biostimulant on humans as well as on animals or environment. Director of Agriculture

FORM G-3 [See clause 20C(6)] (To be issued by Controller) Certificate of Provisional Registration M/s...... (name) and (address) is hereby given the Certificate of Provisional Registration to manufacture the biostimulant (Name) under sub-clause (6) of clause 20C of the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985, details of which are as under:–– 1. Name of the bio-stimulant: 2. Brand Name of the bio-stimulant: 3. Location of manufacturing unit: 4. Place of storage: 5. Certificate Registration Number:

Book No. and Page No. The provisional registration shall be valid upto.....day of August, 2022. The provisional registration shall be subject to the following terms and conditions:––

1. The holder shall manufacture only the biostimulant for which the registration is provided. 2. The heavy metal content and Pesticide content shall not exceed the limit prescribed under the Order. 3. The holder shall comply with the provisions of the said Order and notification issued thereunder. 4. For selling of biostimulant, the authorization letter shall be obtained from the Notified Authority of the concerned State Government. 5. Any information provided in Form G-1 if found incorrect, or on violation of any terms and conditions, the Controller of Fertiliser shall cancel the provisional registration. (Controller)

[F.No.3-14/2017 Fert Law] NEERAJA ADIDAM, Jt. Secy.

Note: The principal Order was published in the Gazette of India vide G.S.R. number 758 (E). dated the 25th September,1985 and last amended vide SO 3885 (E) dated 29th October,2020

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

संलग्न दस्ट्तािेिⴂ की सूिी: (i) एग्रोनोजमक प्रभािकाररता परीिण ररपोर्व:

(ii) िैि सुरिा/जिि-जिज्ञान परीिण ररपोर्व: प्राजधकृत हस्ट्तािर की ओर से......

[फा. सं. 2-7/2020 उिवरक जिजध] नीरिा आकदडम, संयुि सजिि

रर्प्पण : मूल आदेि सा.का.जन.758 (अ), तारीख 25 जसतंर्र, 1985 द्वारा भारत के रािपत्र में प्रकाजित ककया गयार्ा और ...... द्वारा अंजतम र्ार संिोजधत ककया गया ।

MINISTRY OF AGRICULTURE AND FARMERS WELFARE (Department of Agriculture, Cooperation and Farmers Welfare) ORDER New Delhi, the 24th February, 2021 S.O. 884(E).—In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order further to amend the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985, namely:– 1. This Order may be called the Fertilizer (Inorganic, Organic or Mixed) (Control) second Amendment Order, 2021. (2) It shall come into force on the date of its publication in the Official Gazette. 2. In the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985 (hereinafter referred to as the said Order), in clause 2,–– (i) in sub-clause (h), after the words “and includes a biostimulant”, the words “and nano fertiliser” shall be inserted; (ii) after sub-clause (n), the following sub-clause shall be inserted, namely:–– ‘(na) “ nano fertiliser” means the fertiliser of nano scale complying with the specifications as provided in clause 20 D;’; (iii) in sub-clause (q), after item (viii), the following item shall be inserted, namely:–– “(ix) in relation to a nano fertiliser, means the specifications set out under clause 20D;” 3. In the said order, after clause 20C, the following clause shall be inserted, namely:–– “20D (1) “Notwithstanding anything contained in this Order, the Central Government may, by order published in the Official Gazette, notify specifications, valid for a period not exceeding three years, conforming to the general specifications as specified in Schedule VII, in respect of nano fertilisers to be manufactured by such manufacturing unit, as may be specified therein. (2) No person shall manufacture any nano fertiliser unless such fertiliser conforms to the standard set out in the order issued under sub-clause (1). (3) Every person, desirous of obtaining approval of any nano fertiliser shall make an application in Form-G-4 in duplicate to the Controller along with a report of the State Agriculture University or of the Indian Council of Agricultural Research on multi-locational and multi crop bio-efficacy trial of minimum [भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 5 one season and also a report from any of the NABL accredited laboratories on biosafety, biotoxicity and quality trial as per the guidelines issued by the Department of Bio-Technology. (4) Every manufacturer shall inform the Central Government and the Director (Agriculture) of the concerned State Government as to where it intends to make said fertiliser available to the farmers. (5) Every manufacturer shall ensure training to farmers on the safety aspects of the use of nano fertiliser. (6) Every manufacturer shall print necessary precautions on the label of the container of the nano fertiliser or on a separate leaflet to be packed with the nano fertiliser. (7) Every manufacturer shall provide to the Central Government a test report of each batch from any of the NABL accredited Laboratories before its distribution or dispatch of nano fertiliser. (8) Every manufacturer shall print the batch number on the container or shall have the label securely affixed on the container having weight less than 5 litre.”. 4. In the said Order, after Schedule VI and entries thereto, the following Schedule and entries shall be inserted, namely:–– “Schedule VII [(See clause 20D(1)] GENERAL SPECIFICATIONS OF NANO FERTILISER 1. Nano Nitrogen

No. Parameters Specifications

1 Nitrogen concentration (%) 1-5

2 Particle Size in nanometer(nm) in one dimension

20-50

a. Physical particle size (as per TEM Analysis) b. Hydrodynamic particle size (as per DLS Analysis) 20-80 At least 50 % of the particles in the tested samples should be in the above range fulfilling the stipulated DBT guidelines.

3 Zeta potential in mV (+/- scale)

Liquid Nano Fertiliser sample (measured directly) >30 Solid nano-fertiliser sample (measured in 1:10 Fertiliser : H2O suspension)

4 Viscosity in cps

Liquid Nano Fertiliser sample (measured directly) 5-30 Solid nano-fertiliser sample (measured in 1:10 Fertiliser : H2O suspension)

5 pH

Liquid Nano Fertiliser sample (measured directly) 4.5 – 6.0 Solid nano-fertiliser sample (measured in 1:10 Fertiliser : H2O suspension)

5. In the said Order, in ‘Forms and Registration’, after Form-G-3, the following Form shall be inserted, namely:––

6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

FORM- G-4 [See clause 20D(3)] APPLICATION FOR OBTAINING APPROVAL OF NANO FERTILISER UNDER THE FERTILISER (INORGANIC, ORGANIC OR MIXED) (CONTROL) ORDER, 1985

To,

The Controller of Fertiliser ------

1. Name of manufacturer: 2. Name of the nano fertiliser: 3. Specifications: 4. Details of Multi locational bio-efficacy trials: (i) Name of State Agricultural University /Institute of Indian Council of Agricultural Research: (ii) Crops: (iii) Details of locations: 5. Details of Bio safety/Toxicology trials: (i) Whether trials have been conducted as per Department of Bio technology Guidelines on nano technology: (ii) Type of trial (as per Department of Bio technology guidelines on nano technology: (iii) Name of the NABL accredited laboratory where the trials are conducted:

List of documents attached: (i) Agronomic efficacy trials report: (ii) Bio-safety/Toxicology trials report: Authorised Signature On/or behalf of the ……….. [F.No. 2-7/2020 Fert Law] NEERAJA ADIDAM, Jt. Secy. Note: The principal Order was published in the Gazette of India vide number G.S.R. 758(E). dated the 25th September, 1985 and last amended vide …………………………

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. [भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 3

14. सा.का.जन. 197(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 28.03.1978 15. सा.का.जन. 427(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 03.07.1981 16. सा.का.जन. 79(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 24.02.1982 17. सा.का.जन. 695(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 09.09.1983 18. सा.का.जन. 903(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 29.11.2000 19. सा.का.जन. 113(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 20.02.2003 20. सा.का.जन. 204(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 22.03.2004 21. का.आ. 1940(अ)ददनांक 10.11.2006 22. का.आ. 1309(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 31.07.2007 23. का.आ. 2198(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 28.12.2007 24. का.आ. 2984(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 29.12.2008 25. का.आ. 2665(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 22.10.2009 26. का.आ. 33(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 07.01.2010 27. सा.का.जन. 2787(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 24.08.2016 28. का.आ. 3093(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 30.09.2016 29. का.आ. 3663(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 26.07.2018 30. का.आ. 5258(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 12.10.2018 31. का.आ. 4149(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 19.11.2019 32. का.आ. 4778(अ)/आर्.र्स्ट्तु/गन्ना, ददनांक 30.12.2020

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Food and Public Distribution) ORDER New Delhi, the 31st May, 2021 S.O. 2071(E).––In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order further to amend the Sugarcane (Control) Order, 1966, namely:–– 1. (1) This Order may be called the Sugarcane (Control) Amendment Order, 2021. (2) It shall come into force on the date of its publication in the Official Gazette. 2. In the Sugarcane (Control) Order, 1966,–– (a) in clause 2,–– (i) for sub-clause (c), the following sub-clause shall be substituted, namely:–– ‗(c) ―factory or sugar factory‖ means any premises including the precincts thereof in any part of which sugarcane is crushed and either sugar is manufactured by vacuum pan process or at its own option, ethanol is manufactured from sugarcane juice or sugar or sugar syrup or molasses, including B-Heavy molasses;‘;

4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

(ii) for sub-clause (i), the following sub-clause shall be substituted, namely:–– ‗(i) ―producer of sugar‖ means a person carrying on the business of manufacturing sugar by vacuum pan process or at its own option, manufacturing of ethanol from sugarcane juice or sugar or sugar syrup or molasses, including B-Heavy molasses;‘; (b) in clause 3, in sub-clause (1), for Explanation (3), the following Explanation shall be substituted, namely:- ‗Explanation (3).–– For the purpose of this order, ―ethanol‖ includes rectified spirit, special de- natured spirit, extra neutral alcohol, absolute alcohol, anhydrous de-natured ethanol, fuel grade ethanol or any other form of ethyl alcohol.‘; (c) in clause 6B, in sub-clause (2), the following proviso shall be inserted, namely:–– ―Provided that the requirement of submission of performance guarantee is not required in case of a factory set up to produce only ethanol from sugarcane juice or sugar or sugar syrup or molasses including B-Heavy molasses.‖; (d) in clause 6C,–– (i) in sub-clause (1), for the words ―shall be three years‖, the words ―shall, except in the case of production of only ethanol from sugarcane juice or sugar or sugar syrup or molasses including B-Heavy molasses, be three years‖ shall be substituted; (ii) after sub-clause (2), the following sub-clause shall be inserted, namely:–– ―(3) In the case of a factory set up to produce only ethanol from sugarcane juice or sugar or sugar syrup or molasses including B-Heavy molasses, the stipulated time for taking effective steps as specified in Explanation 4 to clause 6A shall be three years from the date of filing of the Industrial Entrepreneur Memorandum, failing which the Industrial Entrepreneur Memorandum shall stand derecognised: Provided that in case where production of ethanol does not commence within the stipulated time, the Chief Director (Sugar), Directorate of Sugar and Vegetable Oils may, after taking into consideration the progress made by the project proponent with respect to arrangement of land for the project, obtaining of environmental clearance and sanction or disbursement of loan by the bank, give extension of one year for implementing the Industrial Entrepreneur Memorandum and commencement of commercial production thereof.‖. [F. No. 3(3)/2018-SP-I] SUBODH KUMAR SINGH, Jt. Secy. Note : The principal Order was published in the Gazette of India, Extraordinary, vide number G.S.R. 1126/ Ess.Com./Sugarcane, dated the 16th July, 1966 and was subsequently amended vide: 1. G.S.R. 35/Ess.Com./Sugarcane dated 05.01.1967 2. G.S.R. 1591/Ess.Com./Sugarcane dated 17.10.1967 3. G.S.R. 945/Ess.Com./Sugarcane dated 18.05.1968 4. G.S.R. 1456/Ess.Com./Sugarcane dated 02.08.1968 5. G.S.R. 620(E)/Ess.Com./Sugarcane dated 08.04.1970 6. G.S.R. 402(E)/Ess.Com./Sugarcane dated 25.09.1974 7. G.S.R. 492(E)/Ess.Com./Sugarcane dated 12.09.1975 8. G.S.R. 542(E)/Ess.Com./Sugarcane dated 27.10.1975 9. G.S.R. 484(E)/Ess.Com./Sugarcane dated 26.07.1976 10. G.S.R. 799(E)/Ess.Com./Sugarcane dated 13.09.1976 11. G.S.R. 815(E)/Ess.Com./Sugarcane dated 24.09.1976 12. G.S.R. 913(E)/Ess.Com./Sugarcane dated 09.12.1976 13. G.S.R. 62(E)/Ess.Com./Sugarcane dated 02.02.1978 [भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 5

14. G.S.R. 197(E)/Ess.Com./Sugarcane dated 28.03.1978 15. G.S.R. 427(E)/Ess.Com./Sugarcane dated 03.07.1981 16. G.S.R. 79(E)/Ess.Com./Sugarcane dated 24.02.1982 17. G.S.R. 695(E)/Ess.Com./Sugarcane dated 09.09.1983 18. G.S.R. 903(E)/Ess.Com./Sugarcane dated 29.11.2000 19. G.S.R. 113(E)/Ess.Com./Sugarcane dated 20.02.2003 20. G.S.R. 204(E)/Ess.Com./Sugarcane dated 22.03.2004 21. S.O. 1940(E) dated 10.11.2006 22. S.O. 1309(E)/Ess.Com./Sugarcane dated 31.07.2007 23. S.O. 2198(E)/Ess.Com./Sugarcane dated 28.12.2007 24. S.O. 2984(E)/Ess.Com./Sugarcane dated 29.12.2008 25. S.O. 2665(E)/Ess.Com./Sugarcane dated 22.10.2009 26. S.O. 33(E)/Ess.Com./Sugarcane dated 07.01.2010 27. G.S.R. 2787(E)/Ess.Com./Sugarcane dated 24.08.2016 28. S.O. 3093(E)/Ess.Com./Sugarcane dated 30.09.2016 29. S.O. 3663(E)/Ess.Com./Sugarcane dated 26.07.2018 30. S.O. 5258(E)/Ess.Com./Sugarcane dated 12.10.2018 31. S.O. 4149(E)/Ess.Com./Sugarcane dated 19.11.2019 32. S.O. 4778(E)/Ess.Com./Sugarcane dated 30.12.2020

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