(I) 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 nt fair prices, it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein.
(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 controlling the prices at which any essential commodity may be bought or sold;
(c) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of any essential commodity;
(d) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; ,
(e) for requiring any person holding in stock any essential commodity to sell tne whole or a specified part of the stock to" such person or class of persons and in such circumstances as may be specified in the order;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(f) for regulating or prohibiting any class of commercial or financial transactions relating to cotton textiles which, in the opinion of the authority making the order are, or, if unregulated, are likely to be, detrimental to the public interest;
(g) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters;
(h) 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;
(i) for any incidental and supplementary matters, including in particular the entering, and search of premises, vehicles, vessels and aircraft, the seizure by a person authorised to make such search of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents, and the charging of fees therefor.
(3) Where any person sells any essential commodity in compliance with an order made with reference to clause (e) of sub-section
(2), there shall be paid to him the price therefor as hereinaft*- 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) 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, authorise any person (hereinafter referred to as an authorised 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 authorised 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
(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 an£ person having any functions of management in relation to the undertaking or part shall comply with any such directions.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
(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
(fa) 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 thereof shall be prepared and witnessed by two persons living In the neighbourhood.