Amendment status not verified — confirm the current text below against the official source.
Added by s. 2, ibid. (w.e.f. 1-5-1987). 17 STATE AMENDMENT Uttar Pradesh Amendment of section 11.—In section 11 of the principal Act, for the words “by person who is a public servant as defined in section 21 of the Indian Penal Code”, the words “by order of, or under authority from the District Magistrate or such other officer as may be empowered by the State Government by general or special order in this behalf” shall be substituted. [Vide Uttar Pradesh Act 9 of 1974, s. 7] 1[12. Special provision regarding fine.―Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate, or any Judicial Magistrate of the first class specially empowered by the State Government in this behalf, to pass a sentence of fine exceeding five thousand rupees on any person convicted of contravening any order made under section 3.] 2[12A. Power to try summarily.―(1) If the Central Government is of opinion that a situation has arisen where, in the interests of production, supply or distribution of 3[any essential commodity not being an essential commodity referred to in clause (a) of sub-section (2)] or trade or commerce therein and other relevant considerations, it is necessary that the contravention of any order made under section 3 in relation to such essential commodity should be tried summarily, the Central Government may, by notification in the Official Gazette, specify such order to be a special order for purposes of summary trial under this section, and every such notification shall be laid, as soon as may be after it is issued, before both Houses of Parliament: 4[Provided that― (a) every such notification issued after the commencement of the Essential Commodities (Amendment) Act, 1971, shall, unless sooner rescinded, cease to operate at the expiration of two years after the publication of such notification in the Official Gazette; (b) every such notification in force immediately before such commencement shall, unless sooner rescinded, cease to operate at the expiration of two years after such commencement: Provided further that nothing in the foregoing proviso shall affect any case relating to the contravention of a special order specified in any such notification if proceedings by way of summary trial have commenced before that notification is rescinded or ceases to operate and the provisions of this section shall continue to apply to that case as if that notification had not been rescinded or had not ceased to operate.] 5[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) all, offences relating to― (a) the contravention of an order made under section 3 with respect to― 6* * * * * (ii) foodstuffs, including edible oilseeds and oil; or (iii) drugs; and (b) where any notification issued under sub-section (1) in relation to a special order is in force, the contravention of such special order, shall be tried in a summary way by a Judicial Magistrate of the First Class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year: