ESSENTIAL COMMODITIES ORDER, 2020
A new notification has been issued dated March 13, 2020, Essential Commodities Order, 2020 by the Central Government to include Face mask and sanitiser in the Essential Commodities.
Section 2A of the Essential Services Maintenance Act, 1968 inserted in 12.02.2007 says about the Essential commodities declaration, etc.–(1) For the purposes of this Act, “essential commodity” means a commodity specified in the Schedule.
(2) Subject to the provisions of sub-section (4), the Central Government may, if it is satisfied that it is necessary so to do in the public interest and for reasons to be specified in the notification published in the Official Gazette, amend the Schedule so as to–
(a) add a commodity to the said Schedule;
(b) remove any commodity from the said Schedule, in consultation with the State Governments.
(3) Any notification issued under sub-section (2) may also direct that an entry shall be made against such commodity in the said Schedule declaring that such commodity shall be deemed to be an essential commodity for such period not exceeding six months to be specified in the notification:
Provided that the Central Government may, in the public interest and for reasons to be specified, by notification in the Official Gazette, extend such period beyond the said six months.
(4) The Central Government may exercise its powers under sub-section (2) in respect of the commodity to which Parliament has the power to make laws by virtue of Entry 33 List III in the Seventh Schedule to the Constitution.
(5) Every notification issued under sub-section (2) shall be laid, as soon as may be after it is issued, before both Houses of Parliament.
In exercise of the powers conferred by Section 2A (2) of the Essential Commodities Act, 1955, the Central Government, hereby made the Order, to regulate the production, quality, distribution, logistics of masks (2ply & 3ply surgical masks, N95 masks) & hand sanitizers for COVID 19 management.
Face and sanitiser are basic tools in the hand of the common man to fight with COVID-19, therefore their recognition as a basic commodity is well in place and timely action.
DETAILS OF THE NOTIFICATION
In the Essential Commodities Act, 1955, in the Schedule, after serial No. (7), the following item shall be added, namely:— masks (2ply & 3ply surgical masks, N95 masks) & hand sanitizers.
This notification shall remain in force for a period up to 30th June 2020 from the date of its publication in the Official Gazette. It shall come into force from the date of its publication in the Official Gazette.
