"Provided that, in case of any essential commodity the retail sale price whereof has been fixed by the Central Government or a State Government under this Act or under any other law for the time being in force and which is being sold through fair price shops, the Collector may, for its equitable distribution and availability at fair prices, order the same to be sold through fair price shops at the price so fixed.".
5. In section 7 of the principal Act,—
(a) in sub-section (1), in clause (a),—
(i) for sub-section (i), the following sub-clause shall be substituted, namely:— "(i) in the case of an 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, or with fine which may extend to ten thousand rupees, or with both:
Provided that, if any person is again convicted of the same offence under this sub-clause, he shall be punishable with imprisonment for the second and for every subsequent offence for a term which shall not be less than three months but which may extend to one year and with fine which may extend to twenty thousand rupees or with both:
Provided further 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;";
(ii) in sub-clause (ii), for the words "seven years and shall also be liable to fine", the words "two years and shall also be liable to fine which shall not be less than twenty-five thousand rupees" shall be substituted;";
Amendment of section 2.
Amendment section 3 Amendment of section 6A Amendment of section 7 2 of 1974 SEC. 1] GAZETTE OF INDIA EXTRAORDINARY 3
(b) in sub-section (2), for the words "seven years and .shall also be liable to fine", the words "two years and shall also be liable to fine which shall not be less than twenty-five thousand rupees" shall be substituted;
(c) in sub-section (2A), for the words "seven years and shall also be liable to fine", the words "two years and shall also he liable to fine which shall not be less than fiftythousand rupees" shall be substituted.
6. For section 10A of the principal Act, the following section shall be substituted.
namely:— "10A. Notwithstanding anything contained in the Code, every offence punishable under—
(a) this Act shall be cognizable;
(b) this Act, except under sub-clause (h) or sub-clause (i) of clause (a) of subsection (1) of section 7, shall be non-bailable;
(c) sub-clause (h) or sub-clause (i) of clause (a) of sub-section (1) of section 7, if committed more than once, shall be non-bailable for the second and every subsequent offence.".