Penalties.—![(/) If any person contravenes any order made under Section 3,— — THE ESSENTIAL COMMODITIES ACT, 1955

7. Penalties.—![(/) If any person contravenes any order made under Section 3,— (a) he shall be punishable,― (a) he shall be punishable,— (a) he shall be punishable,― (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) (2) in the case of an order made with reference to clause (/) or clause (7) of sub-section (2) of that section, with imprisonment for a term which may extend to one year and shall also be of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and liable to fine, and (i) in the case of an order made with reference to clause (h) or clause (i) of sub-section (2) (2) in the case of an order made with reference to clause (/) or clause (7) of sub-section (2) of that section, with imprisonment for a term which may extend to one year and shall also be of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and liable to fine, and (ii) in the case of any other order, with imprisonment for a term which shall not be less (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: than three months but which may extend to seven years and shall also be liable to fine: (ii) in the case of any other order, with imprisonment for a term which shall not be less (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: than three months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the Provided 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; judgment, impose a sentence of imprisonment for a term of less than three months; Provided that the court may, for any adequate and special reasons to be mentioned in the Provided 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; judgment, impose a sentence of imprisonment for a term of less than three months; (b) any property in respect of which the order has been contravened shall be forfeited to the (6) any property in respect of which the order has been contravened shall be forfeited to the Government; Government; (b) any property in respect of which the order has been contravened shall be forfeited to the (6) any property in respect of which the order has been contravened shall be forfeited to the Government; Government; (c) any package, covering or receptacle in which the property is found and any animal, (c) any package, 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 vehicle, vessel or other conveyance used in carrying the property shall, if the court so orders, , be be forfeited to the Government. forfeited to the Government. (c) any package, covering or receptacle in which the property is found and any animal, (c) any package, 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 vehicle, vessel or other conveyance used in carrying the property shall, if the court so orders, be forfeited to the Government. 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 (2) If any person to whom a direction is given under clause (5) 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 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: less than three months but which may extend to seven years and shall also be liable to fine: (2) If any person to whom a direction is given under clause (b) of sub-section (4) of section 3 fails (2) If any person to whom a direction is given under clause (5) 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 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: less than three months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the Provided 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. judgment, impose a sentence of imprisonment for a term of less than three months. Provided that the court may, for any adequate and special reasons to be mentioned in the Provided 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. judgment, impose a sentence of imprisonment for a term of less than three months. (2A) If any person convicted of an offence under sub-clause (ii) of clause (a) of sub-section (1) or (2A) If any person convicted of an offence under sub-clause (i7) of clause (a) of sub-section (/) or under sub under sub- -s section (2) is again convicted of an offence under the same provision, he shall be 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 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: not be less than six months but which may extend to seven years and shall also be liable to fine: (2A) If any person convicted of an offence under sub-clause (ii) of clause (a) of sub-section (1) or (2A) If any person convicted of an offence under sub-clause (i7) of clause (a) of sub-section (/) or under sub-section (2) is again convicted of an offence under the same provision, he shall be 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 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: not be less than six months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the Provided 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 six months. judgment, impose a sentence of imprisonment for a term of less than six months. Provided that the court may, for any adequate and special reasons to be mentioned in the Provided 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 six months. judgment, impose a sentence of imprisonment for a term of less than six months. (2B) For the purposes of sub-sections (1), (2) and (2A), the fact that an offence under sub-clause (2B) For the purposes of sub-sections (/), (2) and (2A), the fact that an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-section (2) has caused no substantial harm to the (ii) of clause (a) of sub-section (/) or under sub-section (2) has caused no substantial harm to the general public or to any individual shall be an adequate and special reason for awarding a sentence of general public or to any individual shall be an adequate and special reason for awarding a sentence of imprisonment for a term of less than three months or six months, as the case may be. imprisonment for a term of less than three months or six months, as the case may be. (2B) For the purposes of sub-sections (1), (2) and (2A), the fact that an offence under sub-clause (2B) For the purposes of sub-sections (/), (2) and (2A), the fact that an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-section (2) has caused no substantial harm to the (ii) of clause (a) of sub-section (/) or under sub-section (2) has caused no substantial harm to the general public or to any individual shall be an adequate and special reason for awarding a sentence of general public or to any individual shall be an adequate and special reason for awarding a sentence of imprisonment for a term of less than three months or six months, as the case may be. imprisonment for a term of less than three months or six months, as the case may be. * [(3) Where a person having been convicted of an offence under sub-section (1) is again convicted [(3) Where a person having been convicted of an offence under sub-section (/) is again convicted of an offence under that sub of an offence under that sub- -s section for contravention of an order in respect of an essential 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 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 that person shall not carry on any be imposed on him under that sub-section, by order, direct that that person shall not carry on any business in that essential commodity for such period business in that essential commodity for such period, , not being less than six months, as may be not being less than six months, as may be specified by the Court in the Order.] specified by the Court in the Order. ] 2 [(3) Where a person having been convicted of an offence under sub-section (1) is again convicted *[(3) Where a person having been convicted of an offence under sub-section (/) is again convicted of an offence under that sub-section for contravention of an order in respect of an essential 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 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 that person shall not carry on any be imposed on him under that sub-section, by order, direct that that person shall not carry on any business in that essential commodity for such period, not being less than six months, as may be business in that essential commodity for such period, not being less than six months, as may be specified by the Court in the Order.] specified by the Court in the Order. ]

Section 7