 bwn • 78 of 11m the essential commodities (amendment) bill, 1964 a billfurther to amend the essential commodities act, 1955 tlij'ld the criminal law amendment act, 1952 be it enacted by parliament in the fifteenth year of the republie of india as follows:--1 (l-) this act maybe called the  essential commodities short (amendment) act, 1964 title, com mence· 5 (2) it shall be deemed to have come into force on the 5th day of ment and november, 1964 durati-on (3) it shah cease to have effect on the 31st day of december, 1966, save as respects things done or omitted to be done before such 10 of 1897 cesser and section 6 of the general clauses act, 1897 shan apply upon 10 such cesser as if it had then been repealed by a central act 2 in the essential commodities act, 1955, after section 12, the insertion following section shall be inserted, namely: -of new section 12ain act 10 of 1955 power to try summarily 15 "12a (1) if the central government is of opinion that a situation has arisen where, in the interests of production, supply or distribution of any essential commodity or trade or commerce therein and other relevant considerations, it is necessary that the c1mtravention 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 omcfal 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 5 of 1898 (2) where any notification issued under sub-section (1) in s relation to a special order is in force, then, notwithstanding anything contained in the code of criminal procedure, 1898, all offences relating to the contravention of such special order shall be tried in a summary way and by a magistrate of the first-class specially empowered in this behalf by the state government 10 ot by a 'prea1dtncy 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 j 5 pass a sentence of imprisonment for a term not exceeding one year 5 of 1898 (3) notwithstanding anything to the contrary contained in the code of criminal procedure, 1898, there shall be no appeal by a convicted person in any case tried summarily under this 20 section in which the magistrate passes a sentence of imprisonment not exceedmg one month, or at ftne not exceeclfdg two thousand rupees, or both, whether or not any order of forfeiture of property or an order under section 517 of the said code is made in addition to such sentence, but an appeal ihall lie where 2s any aentence of imprisonment or fine in exc88i of the aforesaid limits is pused by the magistrate (4) where any notification is ialjued under sub-section (1) in relation to a special order, all casee reiatln, to the eontravention of such special order and pending on the date of the inue of 30 such notification shall, if no witnesses have been examined before the said date, be 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 magistrate so competent" 35  3 in the criminal law amendment act, 1952, after section 8, the following section shall be inserted, namely:-"sa (1) where a special judge tries any o1renae lpecified jn aub-section (1) of section 6 alleged to have been committed insertion of new section 8ain act 46 of 1952 power to try summarily to of 1955 5 of 1898 5 by a public servant in relation to the contravention of any special order referred to in section 12a of the essential commodities act, 1955, then, notwithstanding anything contained in sub-section (1) of section 8 of this act or section 260 of the code of criminal procedure, 1898, the special judge shall try the oftence in a swnmary way, 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 10 trial under this section, it shall be lawful for the special judge to pass a sentence of imprisonment for a term not exceeding one year 5 of 1898 :0 (2) notwithstanding anything to the contrary contained in this act qr in the code of criminal procedure, 1898, there shall be no appeal by a eonvicted person in any case tried summarily under this section in which the special judge pasles a aentenee of imprijonment not exceeding one month, or of fine not exceeding two thousand rupees, or both, whether or not any order under section ~17 of the said code is made in addition to such sentence, but an appeal shall lie where any sentence of imprisonment or fine in excess of the aroresaid limit is passed hy the special judge 10 of 1955 25 (3) where any notijication is issued under ,ub--section (11 ofselsoul2a of the: euential cqrwnodities act, 1950; in relation to a special order, all cases triable summarily under this secuon in relation to weh special order and pending on the date of the inue of such notification shall, if no witnewes have !been examined before the said date be tried by the apecial judge 1n , summary way under this section" 3 of 1964 30 4 (1) the essential commodities (amendment) ordinance, 1964, repeal is hereby repealed 10 of 1955 46 of 1952 (2) notwithstanding such repeal, anything done or any tlction taken under section 1m of the essential commodities act 1955, or &ection sa of the criminal law amendment act, 1952, as inserted 35 by the said ordinance, shall be deemed to have been done or taken under those sections as inserted by this act  statement of objects and reasonsthe question of controlling the prices of food stuffs and other essential commodities' and ensuring the supply and distribution in adequate quantities of these commodities has been engaging the close and constant attention of the government there has been widespread public criticism of the manner in which some sections of the trade and middlemen were able to get round, and render ineffective, the legal and administrative measures devised for the maintenance of supplies essential to the community it was, therefore, felt that the existing procedure governing trial of offences relating to the supply and distribution of foodstuffs and other essential commoditi~s and enforcement of the prices fixed for these commodities under the law should be amended immediately, in order to make the trial of these offences quick and e1fective as most of the orders regarding the fixation of prices and maintenance of distribution and supply of essential commodities had been issued under section 3 of the essential commodities act, it was considered necessary to amend the essential commodities act, 1955, and the criminal law amendment act, 1952, to provide for the summary trial of persons contravening orders issued under section 3 of the essential commodities act in relation to such of these essential commodities as may be notifled from time to time and of public servants charged with offences of brjber)', mis-codduct, etc, in regard to contravention of the said orders a1j parliament was not in session and jn view of the urgency of the matter, the necessary amendments were given effect to by the essential commodities (amendment) ordinance promulgated by the president on november 5, 1964 the present bill seeks to replace the ordinance, with some minor modifications, by an act of parliament which is intended to be in force for a limited period new delhi; the 27th november, 1964 c subramaniam a bill further to amend the essential commodities act, 1955 and the criminal law amendment act, 1952 (shri c subramaniam, minister of f dod and agriculture ) 