BOMBAY
ESSENTIAL SUPPLIES (TEMPORARY POWERS) AND THE ESSENTIAL COMMODITIES AND CATTLE
(CONTROL) (ENHANCEMENT OF PENALTIES) ACT, 1947 THE BOMBAY ESSENTIAL
SUPPLIES (TEMPORARY POWERS) AND THE ESSENTIAL COMMODITIES AND CATTLE (CONTROL)
(ENHANCEMENT OF PENALTIES) ACT, 1947 [Act No. 36 of 1947][1]
Preamble
- THE BOMBAY ESSENTIAL SUPPLIES (TEMPORARY POWERS) AND THE ESSENTIAL
COMMODITIES AND CATTLE (CONTROL) (ENHANCEMENT OF PENALTIES) ACT, 1947
[25th November, 1947]
PREAMBLE
An Act to provide for enhancement of penalties
for contravention of orders under the Essential Supplies (Temporary Powers)
Act, 1946, and the Bombay Essential Commodities and Cattle (Control) Act, 1946.
WHEREAS it is expedient to provide for the enhancement of
penalties for contravention of orders made under the Essential Supplies
(Temporary Powers) Act, 1946 (XXIV of 1946), and the Bombay Essential
Commodities and Cattle (Control) Act, 1946 (Bom. XXII of 1946); It is hereby
enacted as follows:--
Section 1 - Short title and extent
(1)
This Act may be called the
Bombay Essential Supplies (Temporary Powers) and the Essential Commodities and
Cattle (Control) (Enhancement of Penalties) Act, 1947.
(2)
It extends to the whole of
the Province of Bombay.
Section 2 - Enhanced penalties for contravention of orders under Act XXIV of 1946 and Bom. XXII of 1946
(1)
Notwithstanding anything
contained in the Essential Supplies (Temporary Powers) Act, 1946 (XXIV of
1946), whoever contravenes an order made or deemed to be made under section 3
of the said Act, and notwithstanding anything contained in the Bombay Essential
Commodities and Cattle (Control) Act, 1946 (Bom. XXII of 1946), whoever
contravenes an order made or deemed to be made under section 4 of the said Act,
shall be punished with imprisonment for a term which may extend to seven years
but shall not, except for reasons to be recorded in writing, be less than six
months and shall also be liable to fine.
(2)
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
Provincial Government.
Section 3 - Magistrate's power to impose enhanced penalties
Notwithstanding anything contained in section 32 of the Code of
Criminal Procedure, 1898 (V of 1898), it shall be lawful for any Magistrate of
the First Class specially empowered by the Provincial Government in this behalf
and for any Presidency Magistrate to pass a sentence provided in section 2, for
contravening any order made or deemed to be made under section 3 of the
Essential Supplies (Temporary Powers) Act, 1946 (XXIV of 1946), or under
section 4 of the Bombay Essential Commodities and Cattle (Control) Act, 1946
(Bom. XXII of 1946), in excess of his powers under section 32 of the said Code.
Section 4 - Repeal
The Bombay Essential Supplies (Temporary Powers) and the Essential
Commodities and Cattle (Control) (Enhancement of Penalties) Ordinance, 1947
(Bom. Ordinance No. III of 1947), is hereby repealed; and it is hereby declared
that the provisions of section 7 of the Bombay General Clauses Act, 1904 (Bom.
I of 1904), shall apply to the repeal as if that Ordinance were an enactment.