REGISTERED No. D. 221 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 38] NEW DELHI, THURSDAY, NOVEMBER 5, 1964/KARTIKA 14, 1886 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW (Legislative Departments New Delhi, the 5th November, 1964/Kartika 14, 1886 (Saka) THE ESSENTIAL COMMODITIES (AMENDMENT) ORDINANCE, 1964 No. 3 OF 1964 Promulgated by the President in the Fifteenth Year of the Republic of India.
An Ordinance further to amend the Essential Commodities Act, 1955, and the Criminal Law Amendment Act, 1952.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—
1. (1) This Ordinance may be called the Essential Commodities (Amendment) Ordinance, 1964.
(2) It shall come into force at once.
2. During the period of operation of this Ordinance,—
(1) the Essential Commodities Act, 1955, shall have effect as if after section 12, the following section had been inserted, namely:— 10 of 1955.
Short title and commencement.
Act 10 of 1955 and Act 46 of 1952 to be temporarily amended.
5 of 1898.
"12A. (1) Notwithstanding anything contained in subsection (1) of section 260 of the Code of Criminal Procedure, 1898, any magistrate of the first class specially empowered in this behalf by the State Government or any presidency magistrate shall try in a summary way all offences relating Power to try summarily.
(357) 358 THE GAZETTE OF INDIA EXTRAORDINARY [PART II SEC. I] to the contravention of any such order made under section 3 as the Central Government may by notified order specify in this behalf, and the provisions of Chapter XXII of the said Code shall, as far as may be, apply to such trial:
Provided that in the case of any conviction under this section, it shall be lawlul lor the magistrate to pass a sentence of imprisonment lor a term not exceeding one year.
(2) Notwithstanding anything contained in section 414 ol the Code of Criminal Procedme, 1698, there shall be no appeal by a convicted person in any case tried summarily under this section ha winch the magistrate passes a sentence oi imprisonment not exceeding one month or of line not exceeaing two tnousand rupees, or both.";
5 of1S98
(2) the Criminal Law Amendment Act, 1952, shall have effect as if alter section 8, the following section had been inserted, namely: — 46 of 1952 Power to try summarily.
"8A, (1) Where a special judge tries any offence specified in sub-section (1) 01 section fa alleged to have been committed by a public servant 111 relation to the contravention of any such order n^ade under section 3 of the Essential Commodities Act, 1955, as may be specified by the Central Government by a notined order made under section 12A of that Act, then, notwithstanding anything contained hi subsection (1) oi section 8 ol ttus Act or sub-section (1) of section 26b of the Code of Criminal Procedure, 1898, the special judge shall try the offence in a summary way, and the provisions oi Chapter XX11 of the said Code shall, as far as may be, apply to such trial:
10 of 1955 3 of 1S98,
Provided that in the case of any conviction under this section, it shall be lawful for the special judge to pass a sentence of imprisonment for a term not exceeding one year.
(2) Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1898, there shall be no appeal by a convicted person hi any case tried summarily under this section in which the special judge passes a sentence of imprisonment not exceeding one month or of fine not exceeding two thousand rupees, or both.".
5 of 1898.
S. RADHAKRISHNAN, President.
R. C. S. SARKAR, Secy, to the Govt, of India.
PRINTED IN INDIA BY THE GENERAL MANAGER. GOVERNMENT OF INDIA PRESS, MINTO ROAD NEW DELHI AND PUBLISHED BY THE MANAGER OP PUBLICATIONS, DKLHI. 1964