Administrative process under the essential commodities act.1955 c.1
- Bombay N.M. Tripathi. 1964
- 220 p.
Due to the impact of the press-day thinking regarding
socialistic pattern of society and a welfare state, government requ Iation of trade and commerce is the order of the day. The Indian Constitution clearly and explicitly enunciates this policy in several Articles, inter alie, Art. 39 in the Chapter on Directive Principles of State Policy enjoins the State to direct its policy towards securing that the ownership and control of the material resources of the com munity are so distributed as best to subserve the common good, and that the operation of the economic system does not result in the con centration of wealth and means of production to the common detriment; Art. 19(6) envisages the State as carrying on any trade, business, industry or service. It is, therefore, that Parliament and State Legislatures have enacted a number of laws which have resulted in a vast system of regulatory control on trade and business coming into operation in the country. Of these enactments, by far the most important is the Essential Commodities Act which con fers on the government broad powers to control the economic life of the country and under which a system of control and regulation of production, supply, trade and commerce of a number of com modities is in force. The purpose of this study is to investigate the administrative process operative under this Act. An attempt has been made to find out what powers are given to the government officials under the Act and the orders made thereunder, what pro cedures have been laid down for the exercise of various administra tive powers, what safeguards are available to those whose interests are thereby affected, and what further safeguards are necessary keep ing in view administrative exigencies, fairness of administrative proceedings, the rights of the individual and the democratic values.