Section 11 of The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980
- (1)The Advisory Board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from the appropriate Government or from any person called for the purpose through the appropriate Government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the appropriate Government within seven weeks from the date of detention of the person concerned.
- (2)The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned.
- (3)When there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board.
- (4)Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory Board, and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential.
Summary
- The Advisory Board must submit its report within seven weeks from the date the person was first detained.
- The Board can gather extra information from the government, the detained person, or anyone else called through the government.
- The Board must hear the detained person in person if they request a hearing or if the Board feels it is necessary.
- The final report must have a separate part clearly stating whether there is enough reason to keep the person detained.
- If the three Board members disagree, the opinion of the majority is treated as the official decision of the Board.
- The detained person is not allowed to be represented by a lawyer before the Board, and the proceedings are kept strictly confidential except for the final opinion.
Practical examples
FAQ
1. What is the deadline for the Advisory Board to submit its report under Section 11 of the Prevention of Blackmarketing Act?
Under Section 11 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, the Advisory Board must submit its report to the government within seven weeks from the date the person was detained.
2. Can a detained person hire a lawyer to represent them before the Advisory Board under Section 11 of the Blackmarketing Prevention Act?
No, under Section 11 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, a detained person is not entitled to appear by any legal practitioner, which means a lawyer, in any matter related to the Board's review.
3. Are the discussions and reports of the Advisory Board public under Section 11 of the Prevention of Blackmarketing Act?
No, under Section 11 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, the proceedings and the report of the Advisory Board are strictly confidential, except for the specific part of the report that states the Board's final opinion.
4. How are disagreements resolved among the members of the Advisory Board under Section 11 of the Prevention of Blackmarketing Act?
Under Section 11 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, when there is a difference of opinion among the members of the Board, the opinion of the majority is deemed to be the opinion of the Board.
Test yourself
Q1.Under Section 11 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, within what maximum period must the Advisory Board submit its report after a person is detained?
Q2.Under Section 11 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, which of the following is a detained person absolutely barred from doing during the Board proceedings?
Q3.Under Section 11 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, what part of the Advisory Board's report is not confidential?
Q4.Under Section 11 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, how is the official opinion of the Board determined if the members disagree?