THE MINISTER OF STATE (INDEPENDENT CHARGE) FOR CONSUMER AFFAIRS, FOOD AND PUBLIC
DISTRIBUTION (PROF, K. V. THOMAS)
(a): In its endeavor to ensure availability of essential commodities to the
consumers and to protect them from exploitation by unscrupulous traders, the
Government has armed itself with the Essential Commodities Act, 1955 and the
Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980.
The Essential Commodities Act, 1955 was enacted for the control of production, supply
and distribution of, and trade and commerce in certain commodities in the interest of
the general public. It provides for regulation of production and manufacture, control
of prices, regulation of transport, distribution, disposal, use or consumption and even
prohibition of sale of any essential commodity. The powers under the said Act have
been exercised by various Central Government Ministries, apart from the Ministry of
Consumer Affairs, Food & Public Distribution (Department of Consumer Affairs) as
also by the State Governments to whom some of the powers have been formally delegated.
In the exercise of these powers, various Ministries/Departments of Government of
India as well as the State Governments have issued control orders from time to
time regulating production, distribution and other trading aspects in respect of
commodities declared as essential.
The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities
Act, 1980 which is being implemented by the State Governments/UT Administrations for
the prevention of unethical trade practices like hoarding and blackmarketing etc.,
empowers Governments including the State Governments to detain persons whose activities
are found to be prejudicial to the maintenance of supplies of commodities essential
to the community.
(b)&(c): No specific assessment has been made by the Government regarding
implementation of the Essential Commodities Act, 1955 and the Prevention of
Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980.
As an administrative instruments, both the said Acts have, by and large, served
its purpose particularly during price inflations and shortages by ensuring the
availability of the essential commodities at affordable prices especially to the
vulnerable sections. The enforcement of both the Acts lies with the State
Governments/Union Territories, and the State Govemments/UT Administrations have been
repeatedly requested to strictly enforce both the Acts and also monitor enforcement of
these Acts.
(d): The details of the raids conducted, value of goods confiscated and persons booked
for violation of rules under the Essential Commodities Act, 1955, during the years 2009,
2010 and 2011 as reported by State Governments/UT Administrations are at Annexure I to III.
(e): Steps taken by the Government to maintain smooth supply and for contain price rise
of essential commodities which include, among others, action under Essential Commodities
Act,1955 for violation of rules and other measures as enumerated at Annexure-IV.