Jammu and Kashmir Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1988
No: 25 Dated: Sep, 01 1988
THE JAMMU AND KASHMIR PREVENTION OF BLACKMARKETING AND MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ACT, 1988
(Act No. XXV of 1988)
An Act to provide for detention in certain cases for the purpose of prevention of black marketing and maintenance of supplies of commodities essential to the community and for matters connected therewith.
Be it enacted by the Jammu and Kashmir state Legislature in the Thirty-ninth year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1988.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force with effect from 29th day of May, 1986.
2. Power to make orders detaining certain persons. - (1) The Government may, if satisfied, with respect to any person that [with a view to preventing him from indulging in adulteration, hoarding and profiteering, storing transporting adulterated goods or selling underweight or sub-standard or spurious or expired goods or drugs not conforming to BIS/ AGMARK specification/ pharmacopeial standards or] acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community it is necessary so to do, make an order directing that such person be detained.
Explanation. - For the purposes of this sub-section the expression "acting in any manner prejudicial to the maintenance of supplies of commodities essential to the Community" means.
(a) committing or instigating any person to commit any offence punishable under the essential Commodities Act, 1955, or under any other law for the time being in force relating to the control of the production, supply or distribution of, trade and commerce in, any Commodity essential to the community; or
(b) dealing in any commodity
(i) which is an essential commodity as defined in the Essential Commodities Act, 1995, or
(ii) with respect to which provisions have been made in any such other law as is referred to in clause (a) with a view to making gain in any manner which may directly or indirectly defeat the provisions of that Act or other law's aforesaid.
(2) Any of the following officers, namely
(a) Divisional Commissioners,
(b) District Magistrates;
may also if satisfied as provided in sub-section (1), exercise the powers conferred by the said sub-section.
(3) When any order is made under this section by an officer mentioned in sub-section (2), he shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the Government:
Provided that where under section 8 the grounds of detention are communicated by the authority making the order after five days but not later than ten days from the date of detention, this sub-section shall apply subject to the modification that for words "twelve days" the words "fifteen days" shall be substituted.
3. Execution of detention orders. - A detention order may be executed at any place in the state in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, Samvat 1989.
4. Power to regulate place and conditions of detention. - Every person in respect of whom a detention order has been made shall be liable. -
(a) to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breach of discipline, as the Government may, by general or special order, specify; and
(b) to be removed from one place of detention to another place of detention by order of the Government
5. Grounds of detention severable. - Where a place has been detained in pursuance of an order of detention under section which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly. -
(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are-
(i) vague,
(ii) non-existent,
(iii) non-relevant,
(iv) not connected or not proximately connected with such person, or
(v) invalid for any other reasons whatsoever, and it is not, therefore, possible to hold that the Government or officer making such order would have been satisfied as provided in section 2 with reference to the remaining ground or grounds and made the order of detention.
(b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ground or grounds.
6. Detention orders not to be invalid or inoperative on certain grounds. - No detention order shall be valid or inoperative merely by reason. -
(a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the officer making the order, or
(b) that the place of detention of such person is outside the said limits.