The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980
Overview
This Act was enacted to prevent black marketing and hoarding of essential commodities and to ensure their adequate and fair distribution in the market. It aims to protect consumers and stabilize the supply and prices of essential goods.
Objectives
To prevent hoarding, black marketing, and profiteering in essential commodities.
To ensure adequate availability and fair distribution of essential goods.
To provide legal machinery for regulation and control over supply, price, and distribution.
To impose penalties on violators who disrupt supply or indulge in black marketing.
Key Provisions
1. Essential Commodities (Section 2)
The central government declares certain goods as “essential commodities”.
These may include food grains, sugar, edible oils, fuel, medicines, etc.
2. Control Orders (Section 3)
Government can issue orders to regulate production, supply, distribution, and pricing of essential commodities.
Can fix maximum prices and restrict stock limits to prevent hoarding.
3. Prevention of Black Marketing (Section 5)
Prohibits hoarding and black marketing.
Empowers authorities to seize stocks held illegally.
Gives power to inspect, search, and seize premises suspected of black marketing.
4. Offences and Penalties (Sections 6 and 7)
Penalties include fines, imprisonment, or both.
Repeat offenders face stricter punishments.
Confiscated goods may be disposed of by the government.
5. Special Courts (Section 8)
Establishes special courts for speedy trial of offences under the Act.
Important Case Law
1. State of Haryana v. Bhajan Lal (1992)
Although a general case about abuse of power, it underlines the importance of lawful action in enforcement of laws like black marketing control.
Reinforces the need for proper procedure during search and seizure under such Acts.
2. K. K. Verma v. Union of India (1981)
This case upheld the government’s power to regulate and control essential commodities.
Confirmed that such regulation is within the scope of public interest and welfare.
3. Sundar Bhai Ambalal Desai v. State of Gujarat (1965)
Earlier case emphasizing the State’s power to prevent black marketing and punish offenders to maintain public order.
Summary Table
| Feature | Details |
|---|---|
| Purpose | Prevent black marketing, hoarding; maintain supply of essentials |
| Essential Commodities | Declared by central government (food grains, fuel, medicines) |
| Control Orders | Regulate supply, distribution, prices, stock limits |
| Offences | Hoarding, black marketing, profiteering |
| Penalties | Fines, imprisonment, confiscation of goods |
| Special Courts | For speedy trial of offences |
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