The Central Government on March 13, 2020 notified an order under the Essential Commodities Act, 1955 to declare 2 ply and 3 ply surgical masks, N95 masks and hand sanitisers as essential commodities till June 30, 2020.
Masks and hand sanitisers have been declared as essential commodities due to their shortage in the wake of the COVID-19 outbreak.
Government also issued an advisory under the Legal Metrology Act, so that States can ensure these items are not sold for more than the Maximum Retail Price (MRP).
The government also invoked the Disaster Management Act to ensure price regulation and availability of surgical and protective mask, hand sanitizer and gloves.
Under the EC Act, powers of the Central Government have already been delegated to the States by way of orders during 1972 to 1978. The States/UTs, therefore may take action against the offenders under the EC Act and PBMMSEC Act.
Impacts
The decision would empower the States and the Central government to regulate production, quality, distribution and sale of these items, and carry out operations against those involved in speculation, overpricing and black marketing.
Under the Essential Commodities Act, states can ask manufacturers to enhance their production capacity of these items, to make the supply chain smooth, while under the Legal Metrology Act, which is also in force, the states can ensure sale of both at maximum retail price (MRP).
Punishment
An offender under the EC Act may be punished with an imprisonment upto 7 years or fine or both and under the PBMMSEC Act, he can be detained for maximum of 6 months.
