Sub-clause (i) omitted by Act 54 of 2006, s. 5 (w.e.f. 12-2-2007). — THE ESSENTIAL COMMODITIES ACT, 1955

6. Sub-clause (i) omitted by Act 54 of 2006, s. 5 (w.e.f. 12-2-2007). STATE AMENDMENT STATE AMENDMENT STATE AMENDMENT STATE AMENDMENT * * * * * * * * Provided further that when at the commencement of, or in the course of, a summary trial under Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in the manner provided by the said Code.] re-hear the case in the manner provided by the said Code.] Provided further that when at the commencement of, or in the course of, a summary trial under Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in the manner provided by the said Code.] re-hear the case in the manner provided by the said Code.] (3) Notwithstanding anything to the contrary contained in (3) Notwithstanding anything to the contrary contained in 1 ' [the Code of Criminal Procedure, 1973 [the Code of Criminal Procedure, 1973 (2 of 1974),] there shall be no appeal by a convicted person in any case tried summarily under this (2 of 1974),] there shall be no appeal by a convicted person in any case tried summarily under this section in which the Magistrate passes a sentence of imprisonment not exceeding one month, section in which the Magistrate passes a sentence of imprisonment not exceeding one month, 2 * [and of [and of fine not exceeding two thousand rupees] whether or not any order of forfeiture of property or an order fine not exceeding two thousand rupees] whether or not any order of forfeiture of property or an order under under 3 * [section 452] of the said Code is made in addition to such sentences, but an appeal shall lie [section 452] of the said Code is made in addition to such sentences, but an appeal shall lie where any sentence where any sentence 4 * *** in excess of the aforesaid limits is passed by the Magistrate. *** in excess of the aforesaid limits is passed by the Magistrate. (3) Notwithstanding anything to the contrary contained in 1[the Code of Criminal Procedure, 1973 (3) Notwithstanding anything to the contrary contained in '[the Code of Criminal Procedure, 1973 (2 of 1974),] there shall be no appeal by a convicted person in any case tried summarily under this (2 of 1974),] there shall be no appeal by a convicted person in any case tried summarily under this section in which the Magistrate passes a sentence of imprisonment not exceeding one month, 2[and of section in which the Magistrate passes a sentence of imprisonment not exceeding one month, *[and of fine not exceeding two thousand rupees] whether or not any order of forfeiture of property or an order fine not exceeding two thousand rupees] whether or not any order of forfeiture of property or an order under 3[section 452] of the said Code is made in addition to such sentences, but an appeal shall lie under *[section 452] of the said Code is made in addition to such sentences, but an appeal shall lie where any sentence 4*** in excess of the aforesaid limits is passed by the Magistrate. where any sentence **** in excess of the aforesaid limits is passed by the Magistrate. 5 * [(4) All cases relating to the contravention of an order referred to in clause (a) of sub-section (2), [(4) All cases relating to the contravention of an order referred to in clause (a) of sub-section (2), not being a special order, and pending before a Magistrate immediately before the commencement of not being a special order, and pending before a Magistrate immediately before the commencement of the Essential Commodities (Amendment) Act, 1974, and, where any notification is issued under sub- the Essential Commodities (Amendment) Act, 1974, and, where any notification is issued under subsection (1) in relation to a special order, all cases relating to the contravention of such special order section (/) in relation to a special order, all cases relating to the contravention of such special order and pending before a Magistrate immediately before the date of the issue of such notification, shall, if and pending before a Magistrate immediately before the date of the issue of such notification, shall, if no witnesses have been examined before such commencement or the said date, as the case may be, be no witnesses have been examined before such commencement or the said date, as the case may be, be tried in a summary way under this section, and if any such case is pending before a Magistrate who is tried in a summary way under this section, and if any such case is pending before a Magistrate who is not competent to try the same in a summary way under this section, it shall be forwarded to a not competent to try the same in a summary way under this section, it shall be forwarded to a Magistrate so competent.] Magistrate so competent. | 5 [(4) All cases relating to the contravention of an order referred to in clause (a) of sub-section (2), *[(4) All cases relating to the contravention of an order referred to in clause (a) of sub-section (2), not being a special order, and pending before a Magistrate immediately before the commencement of not being a special order, and pending before a Magistrate immediately before the commencement of the Essential Commodities (Amendment) Act, 1974, and, where any notification is issued under sub the Essential Commodities (Amendment) Act, 1974, and, where any notification is issued under subsection (1) in relation to a special order, all cases relating to the contravention of such special order section (/) in relation to a special order, all cases relating to the contravention of such special order and pending before a Magistrate immediately before the date of the issue of such notification, shall, if and pending before a Magistrate immediately before the date of the issue of such notification, shall, if no witnesses have been examined before such commencement or the said date, as the case may be, be no witnesses have been examined before such commencement or the said date, as the case may be, be tried in a summary way under this section, and if any such case is pending before a Magistrate who is tried in a summary way under this section, and if any such case is pending before a Magistrate who is not competent to try the same in a summary way under this section, it shall be forwarded to a not competent to try the same in a summary way under this section, it shall be forwarded to a Magistrate so competent.] Magistrate so competent. | ° [12B. Grant of injunction, etc., by civil courts [12B. Grant of injunction, etc., by civil courts . s. ― .—N No civil court shall grant an injunction or No civil court shall grant an injunction or make any order for any other relief, against the Central Government or any State Government or a make any order for any other relief, against the Central Government or any State Government or a Public officer in respect of any Act done or purporting to be done by such Government, or such Public officer in respect of any Act done or purporting to be done by such Government, or such officer in his official capacity, under this Act or any order made thereunder, until after notice of the officer in his official capacity, under this Act or any order made thereunder, until after notice of the application for such injunction or other relief has been given to such Government or officer.] application for such injunction or other relief has been given to such Government or officer. ] 6 [12B. Grant of injunction, etc., by civil courts.―No civil court shall grant an injunction or °[12B. Grant of injunction, etc., by civil courts.—No civil court shall grant an injunction or make any order for any other relief, against the Central Government or any State Government or a make any order for any other relief, against the Central Government or any State Government or a Public officer in respect of any Act done or purporting to be done by such Government, or such Public officer in respect of any Act done or purporting to be done by such Government, or such officer in his official capacity, under this Act or any order made thereunder, until after notice of the officer in his official capacity, under this Act or any order made thereunder, until after notice of the application for such injunction or other relief has been given to such Government or officer.] application for such injunction or other relief has been given to such Government or officer. ] 13

Section 6