Centre sends back Maharashtra draft Bill to check price of pulses

Cites major flaw in the term for imprisonment in the case of non-compliance

The wait for the implementation of the Maharashtra Pulses Price Control Act seems set to get longer, with the Centre sending back the draft Bill to the state government, questioning the need for such a law alongside the Essential Commodities Act, 1955, which has stringent provisions to curb hoarding and price control. The Centre has also sought to know why the provision for imprisonment in the draft Bill is lower than that in the Essential Commodities Act, 1955.

A government official, who did not wish to be named, told Business Standard: "The Centre has objected to the provision for imprisonment of three months to one year and hefty fine for non-compliance. In case of the Essential Commodities Act, 1955, there is a provision for imprisonment of up to seven years. The Centre has sought clarifications in this regard while also questioning the need for a special Act.'' Besides, the Centre has also raised certain procedural queries.

The officer said the decision to increase the period of imprisonment would have to either be approved by the state Cabinet or by the chief minister. ''The food and civil supplies department, after seeking the opinion of the law and judiciary, will take up the revised provision for the approval of the chief minister or the Cabinet. It can be done soon, and the draft Bill with corrections will thereafter be sent to the Centre for its approval,'' the official informed. He, however, declined to give any timeline for this.

He informed that after the state government again sends the draft to the Centre, it will have to be vetted by at least three departments. Thereafter, the President's assent will be expected. ''It is not possible to give any deadline,'' he said.

The Bharatiya Janata Party-led government in the state had in April this year cleared the draft Bill, especially after criticism from the Opposition and consumer organisations over spiralling prices of pulses. The draft Bill would apply to the sale of tur dal, black gram, green gram, lentils and beans across the state, with the capping rate varying in different areas due to transportation costs and local factors. Besides, the government had proposed different caps for producers of pulses and for those involved in its trade. It also aimed to curb hoarding.

Further, the draft Bill envisaged that the government, while fixing the prices, would take into account the availability of pulses, demand and supply, among other factors. Besides, there was a provision that rates once fixed would be applicable for a maximum of six months. To control an artificial spike in prices, the draft Bill made it mandatory for producers and dealers to record sales by providing authentic receipts to buyers.

Leading consumer organisation Mumbai Grahak Panchayat (MGP) has since been questioning the need for a new law. It has repeatedly argued that the government can control the price under Section 3 (2) (c) of the Essential Commodities Act, 1955.