(1) If any person contravenes any order made under section 3 or section 4, he shall be punishable with imprisonment for at term which may extend to three years or with fine or with both ; and, if the order so provides, any Court trying such contravention may direct that any property in respect of which the Court is satisfied that the order has been contravened shall be forfeited to the State Government :
Provided that where the contravention is of an order relating to an essential 6 article which contains an express provision in this behalf, the Court shall make such direction, unless for reason to be recorded in writing, it is of opinion that the direction should not be made in respect of the whole or, as the case may be, a part of the property.
(2) Where any essential article is seized under the authority of an order made under this Act and such order provides for the forfeiture of the article in respect of which the order has been contravened, such forfeiture may whether or not any prosecution is instituted for a contravention of the order, be adjusted by the Collector of the district in which the seizure was made, and any forfeiture so adjudged shall, subject only to an appeal which shall lie to the State Government, be final:
Provided that an adjudication of forfeiture under sub-section shall be no bar to the prosecution, or punishment of any person under sub-section (1)-
(3) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for any Magistrate of the first class specially empowered by the State Govermnent in this behalf to pass a sentence of fine exceeding one thousand rupees on any person convicted of contravening an order made under this Act.
(4) If any person to whom any provision of any order made under this Act relates, or to whom any such provision is addressed or who is in occupation, possession or control of any land, building, vehicle, vessel or other thing to which such provision relates -
(a) fails, without lawful authority or excuse, himself or in respect of any land, building, vehicle, vesel or other thing of which he is in occupation, possession or control to comply, or to secure compliance, with such provision ; or
(b) evades, or attempts to evade, by any means, such provision, he shall be deemed to have contravened such provision ; and in this Act, the expression “contravention” with its gramatioal variations includes any such failure, evasion or attempt to evade.