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Section 9: After section 10A of the principal Act, the following sections shall be inserted, namely

Essential Commodities (Amendment) Ordinance, 1974Ordinance · 1974

1 Insertion1 of new sections 10B and

1QG.

'JOB. (1) Where any company is convicted under this Act, it shall be competent for the court convicting the company to cause the name and place of business of the company, natuie of the contravention, the fact that the company has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspapers or in such other manner as the court may direct.

Power of court to publish name, place of business, etc., of companies convicted under the Act.

(2) No publication under sub-section (1) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of.

(3) The expenses of any publication under sub-section Q) shall be recoverable from the company as if it were a fine imposed by the court.

Explanation.—For the purposes of this section "company' has the meaning assigned to it in clause (a) of the Explanation to section 10.

IOC. (1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.

Presump.

tion of culpable mental state.

Explanation,—In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact.

(2) For the purposes of this section, a fact is said to be proved only when the court believe it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.'.

Where this provision sits

ActEssential Commodities (Amendment) Ordinance, 1974
Section9
Marginal noteAfter section 10A of the principal Act, the following sections shall be inserted, namely
StatusIn force as published by the source

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