1[6B. Issue of show cause notice before confiscation of food grains, etc.--3[(1)] No order
confiscating 4[any 5[essential commodity] package, covering, receptacle, animal, vehicle, vessel or
other conveyance] shall be made under section 6A unless the owner of such 2[essential
commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance) or the person
from whom 6[it is seized]--
(a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the 6[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.
7[(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.]
8[(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.]]
(a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the 6[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.
7[(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.]
8[(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.]]
1. Ins. by Act 25 of 1966, s. 3 (w.e.f. 3-9-1966).
2. Subs. by Act 92 of 1976, s. 4, for "if satisfied" (w.e.f. 2-9-1976).
3. Section 6B renumbered as sub-section (1) thereof by Act 30 of 1974, s. 5 (w.e.f. 22-6-1974).
46. Subs. by Act 36 of 1967, s. 5, for "any foodgrain, edible oilseeds or edible oils" (w.e.f. 30-12-1967).
5. Subs. by Act 30 of 1974, s. 5, for "essential commodity" (w.e.f. 22-6-1974).
6. Subs. by Act 36 of 1967, s. 5, for "they are seized" (w.e.f. 30-12-1967).
7. Ins. by Act 30 of 1974, s. 5 (w.e.f. 22-6-1974).)
8. Ins. by Act 92 of 1976, s. 5 (w.e.f. 2-9-1976).