Insertion of new section 12B.
"12B. No civil court shall grant an injunction or make any order for any other relief against the Central Government or a public officer in respect of any act done or purporting to be done by such Government, or such officer in his official capacity, under this Act or any order made thereunder, until after notice of the application for such injunction or other relief has been given to such Government or officer.".
Grant of injunction, etc., by civil courts.
13. In section 8A of the Criminal Law Amendment Act, 1952.̂ —Amendment of Act 46 of
1952.
(a) in sub-section (1),~
(i) for the words, figures and letter "referred to in section 12A of the Essential Commodities Act, 1955", the words, brackets, figures and letters "referred to in sub-section (1) of section 12A of the Essential Commodities Act, 1955 or of an order referred to in clause (a) of sub-section (2) of that section" shall be substituted;
{ii) after the proviso, the following proviso shall be inserted, namely.— "Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the special Judge that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the special SEC. !] THE GAZETTE OF INDIA EXTRAORDINARY 459 Judge shall, after hearing the parties, record an order to, that effect and thereafter recall any witnesses who may have been examined and proceed to hear or rc-hear the case in accordance with the procedure prescribed by the said Code for the trial of warrant cases by Magistrates.";
(b) for sub-section (3), the following sub-section shall be substituted, namely:— "(3) All case? relating to the contravention of an order referred to in clause (a) of sub-section (2) of section 12A of the Essential Commodities Act, 1955 [not being a special order referred to in sub-section (1) of that section] triable summarily under this section and pending before a Magistrate immediately before the commencement of the Essential Commodities (Amendment) Ordinance, 1974, and, where anv notification is issued under sub-section (1) of tho said section 12A in relation to a special order, all cases triable summarily under this section in relation to such special order and pending before a Magistrate immediately before the date of the issue of such notification, shall, If no witnesses have been examined before such commencement or the ?aid date, as the case may be. be tried by the special Judge in a summary way under this section.".
10 of 1955
14. (I) The amendments made bv section 11 of this Ordinance to section 12A of the principal Act shall not apply to and in relation to any contravention of a soecial order referred to in the said section 12A which wag committed before the commencement of this Ordinance and accordingly the provisions of that section as they stood immediately before such commencement shall continue to apply to and in relation to such contravention as if this Ordinance had not been promulgated.
Saving,
(2) The amendments made by section 13 of this Ordinance to section 8A of the Criminal Law Amendment Act, 1952 shall not apply to and in relation to any contravention of a special order referred to in section 12A of the principal Act which was committed before the commencement of this Ordinance and accordingly the provisions of the said section 8A as they stood immediately before such commencement shall continue to apply to and in relation to such contravention as if this Ordinance had not been promulgated.
46 of 1952.
V. V. GIRI, President S. K. MAITRA, Joint Secy, to the Govt. of India.
PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1974