REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 42] NEW DELHI, SATURDAY, MAY 36, 1984/JYAISTHA 5, 1906 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 26th May. 1984/Jyaistha 5, 1906 (Saka) The following Act of Par l i ament received the assent of the President on the 26th May, 1984, and is hereby published for general information: — THE ESSENTIAL COMMODITIES (AMENDMENT) ACT, 1984 No. 34 OF 1984 [26th May, 1984.]
An Act further to amend the Essential Commodities Act, 1955 BF it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the Essential Commodities (Amendment) Act, 1984. Short title
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
and commencement.
(1) 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]
2. After section 7 of the Essential Commodities Act, 1955, the follow^ ing section shall be inserted, namely: — 10 of 1955.Insertion of new section
7A.
'7A. (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, 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 six per cent, per annum from the date of such default to the date of recovery of such amount, as an arrear of land revenue.
Power of Central Government to recover certain amounts as arreari of land revenue.
(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 in pursuance of the provisions of sub-section (J).
(4) If any orderj in pursuance of which any amount has been recovered by Government as an arrear of land revenue 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 six per cent, per annum, from the date of recovery of such amount to the date on which such refund is made.
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 authoritj" subordinate to any Government, that Government.', R, V. S. PERI SASTRI, Secy, to the Govt, of India.
PRINTED BY THE GENERAL MANAGES, GOVERNMENT OF INDIA PRE38, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI 1984