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Section 7: In section. 7 of t h e pr inc ipal Act, for sub-sections (I) and (2), the following sub-sections shall be subst i tuted, namely

Essential Commodities (Amendment) Ordinance, 1974Ordinance · 1974

• Amendment of section 7.

"(1) If any person contravenes any order made under station 3,—

(b) he shall be punishable,—

(t) in the case of ah order made with reference to clause

(h) or clause (i) of sub-section (2) of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and

(ii) in the case of any other order, with imprisonment for a term which shall not be less than three months but which may extend to Seven years and shall also be liable to fine:

Provided that the court may, for any adequate and Special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months;

(b) any property in respe*ct of which the order has been contra' ^ned shall be forfeited to the Government;

(c) any package, covering or receptacle in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the property shall, if the court so orders, be forfeited to the Government.

(2) If any person to whom a direction is given under clause (b) of sub-section (4) of section 3 fails to comply with the direction, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine:

Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months.

(2A) If any person convicted of an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-section (2) is again convicted of an offence under the same provision, he shall be punishable with imprisonment for the second and for every subsequent offence for a term which shall not be less than six months but which may extend to seven years and shall also be liable to fine:

Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.

(2B) For the purposes of sub-sections (1), (2) and (2A), the fact that an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-section (2) has caused no substantial harm to the general public or to any individual shall be an adequate and special roason for awarding a sentence of imprisonment for a term of less than three months or six months, as the case may be.".

456 THE GAZETTE OF INDIA EXTRAORDINARY [FAST II—

8. In section 10A of the principal Act,—Amendment of section ]()A.

(a) for the words and figures "the Code of Criminal Procedure, 1898", the words and figures "the Code of Criminal Procedure, 1973" shall be substituted;

5 of 1898.

2 of 1974' (fc>) the words "and bailable" shall be omitted.

Where this provision sits

ActEssential Commodities (Amendment) Ordinance, 1974
Section7
Marginal noteIn section. 7 of t h e pr inc ipal Act, for sub-sections (I) and (2), the following sub-sections shall be subst i tuted, namely
StatusIn force as published by the source

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