Essential Commodities Act,1955
Act No : 10
Section :
Penalties.
7. Penalties. [(1) If any person contravenes any order made under section 3,-- (a) he shall be punishable,-- (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 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: 10* * * * * (b) any property in respect of which the order has been contravened shall be forfeited to the Government; (c) any packing, 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; 10* * * * * (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. 10* * * * * 10* * * * * --------------------------------------------------------------------- 1 Subs. by Act 36 of 1967, s. 6, for "articles". 2 Subs. by s. 6, ibid., for certain words. 3 Subs. by s. 7, ibid., for certain words. 4 Subs. by s. 7, ibid., for "three years". 5 Subs. by s. 7, ibid., for the proviso. 6 Subs. by s. 7, ibid., for cl. (b). 7 Subs. by Act 30 of 1974, s. 6 (w.e.f. 22-6-1974). 8 Ins. by Act 92 of 1976, s. 7 (w.e.f. 2-9-1976). 9 Subs. by Act 18 of 1981, s. 6 for fifteen years (w.e.f. 1-9- 1982). 10 Omitted by s. 7, ibid. for fifteen years (w.e.f. 1-9-1982). 11 Subs. by Act 42 of 1986, s.2 48 3*[(3) Where a person having been convicted of an offence under sub-section (1) is again convicted of an offence under that sub- section for contravention of an order in respect of an essential commodity, the Court by which such person is convicted shall, in addition to any penalty which may be imposed on him under that sub- section, by order, direct that person shall not carry on any business in that essential commodity for such period, not being less than six months, as may be specified by the Court in the order.]
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