The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980

What the Act governs

The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 allows preventive detention where authorities consider it necessary to stop a person from harming the maintenance of supplies of commodities essential to the community. Covered conduct includes committing or encouraging offences involving essential commodities, and dealing in controlled commodities for gain in a way that defeats or tends to defeat applicable controls.

The law concerns essential commodity supply and black marketing. It does not set out rules for land ownership, registration, transfer, planning permission or land use. A property buyer or owner is affected only if their activities fall within the commodity supply conduct covered by the Act.

Who may issue a detention order

The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 permits detention orders to be made by:

• The Central Government or a State Government.
• A specially empowered Central Government officer not below the rank of Joint Secretary.
• A specially empowered State Government officer not below the rank of Secretary.
• District Magistrates.
• Commissioners of Police where appointed.

A detention order may be executed anywhere in India. A person may be detained at a place and under conditions specified by the appropriate government, and may be transferred between detention places. Transfer from one State to another by a State Government requires the other State Government's consent.

Safeguards and review

The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 provides that:

• Grounds for detention must ordinarily be communicated within five days. In exceptional circumstances, with written reasons, they may be communicated within ten days.
• The detained person must receive the earliest opportunity to make a representation to the appropriate government.
• Facts considered against the public interest need not be disclosed.
• The appropriate government must place the case before an Advisory Board within three weeks of detention.
• The Advisory Board must report within seven weeks of detention and state whether sufficient cause exists.
• If there is no sufficient cause, the detention order must be revoked and the person released immediately.
• A confirmed detention may last for no more than six months from the date of detention, but it may be revoked or modified earlier.

Absconding and revocation

The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 permits action where a detained person absconds or conceals themselves. Failure to comply with a notified direction to appear may result in imprisonment for up to one year, a fine, or both. The Central Government or the relevant State Government may revoke or modify a detention order, and a fresh order may be made if fresh facts arise after revocation or expiry.