Dr. Suman Kumar Regmi
To fulfill the essential commodities in the country, Nepal has used to import a lot of essential commodities from abroad. Besides the imported essential commodities, some essential commodities for daily consumption for human living have been manufactured in the country. Nepal has imported cereals, rice, maize, wheat, millet, barley, pulses, cooking oil, sugar, wheat flour, maize flour, spices, fruits, goat, and vegetables. It is the time now to manage the essential commodities whether these may be produced within the country or imported from outside.
An arrangement has been made to provide for authorization to control essential commodities in Nepal. Whereas, it is expedient to authorize harsh control, from time to time as per necessity, on the distribution, sale or trade of food items and goods and commodities which are essential for daily consumption, use and feeding to maintain the comfort of the general people in the society. Unless the subject or context otherwise requires.
Essential commodities have been taken any of the commodities in the list of paddy, rice, maize (corn), wheat, millet, barley and their flour, maida or other identical food items like rahar (yellow lentil), mugi, mas (black lentil) lentil, gram, pea, soybean and flour made there from and other identical food items, linseed, mustard seed, sarsiyum (yellow mustared seed) sesame seed and other oilseed and all kinds of oil, milk or any other food item made from the milk, sugarcane, molasses, sugar or other identical substances, cotton or woollen clothing's, cotton and wool, raw jute and goods prepared out of it.
Others include kerosene, petrol, diesel and all types of lubricant, iron and goods made from iron, cement, bricks, zinc plates etc. which are essential for the construction works, means of transportation and tyres, tubes and parts essential for such means of transportation, salt, medicines, and any other goods or commodities as so prescribed by the government, from time to time, by a notified order.
The power to control the production or distribution of essential commodities has been stated. The government may, if finds it necessary or appropriate, increase or maintain distribution or cause to distribute or to make available any essential commodity at low cost, control or regulate the production, distribution or trade of such essential commodity in the prescribed area by a notified order.
Regulation or control of the storage, distribution, trade or consumption of any of the essential commodities has been made upon issuing a license or by using any other method. Like this, control in increasing of the prevalent cost of any essential commodity without the approval of the officer has been arranged by prescribing by a notified order or to control the sale or to fix the cost of purchase of any essential commodity.
There has been the provision of searching and entering specially into the godown, vehicle, boat or aeroplane for any relevant or supplementary matters or to confiscate any commodity if the person engaged in the search finds that the order has been violated or going to be violated regarding any commodity in the course of the search,
Penalties have been arranged for violating the order if, anyone acts against an order issued. Such a person shall face imprisonment up to five years or fined an amount up to fifteen thousand rupees or the cost of the essential commodity related to the offence whichever amount is higher or with both.
If any commodity-related to the offence committed against the order has been prescribed to be confiscated in the order issued under the stated provision. Such commodity shall be confiscated. Regarding attempt and abetment, if anybody attempts to violate the order issued under such act shall be considered to be a violation of the order.
Whosever commits the stated offence shall be punished with a fine of ten thousand rupees or imprisonment of up to three years or with the both.
All 77 chief district officers in the country shall have the jurisdiction to trial and dispose of the case which is a punishable offence under the legal provision. Chief District Officer shall follow the procedure and exercise the powers as mentioned in the Special Court Act, 2059 while hearing the case under the Act including Necessary Matters Control Act and Essential Service Act.
The government shall be the plaintiff in the cases under the Act. The government may delegate some or all powers conferred to it by this Act to any officer by a notified order. Without prejudice to the generality of the powers conferred by the provision of the Act. The government may grant powers on any of the provisions in the areas of searching for any house, camp, boat, cart or aero plane, taking into custody or to order or cause to order to submit any commodity by which the officer finds it appropriate that there are reasonable grounds to believe that such commodity has been used in the course of committing any offence against this act.
No suit or any other legal proceeding shall lie against any person in respect of anything which is, in good faith, done or intended to be done pursuant to the order made under the act.
These are the prevailing situation in the context of the arrangement of essential commodities in the country. The concerned sector should divert attention to managing more in these sectors to control inflation and to make life easier in the country.
The writer is the former deputy executive director of the Trade and Export Promotion Centre.
The views expressed in this article are the author’s own and do not necessarily reflect People’s Review’s editorial stance.
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