REGISTERED No. D. 221
The Gazette of India
nylon
EXTRAORDINARY
PART I- Section 2
PUBLISHED BY AUTHORITY
52 ) NEW DELHI, TUESDAY DECEMBER 1 , 1951 / AGRA HAYANA 10 , 1886
Separate paging is given to this Part in order thatit may be filled as a separate compilation
LOK SABНА
The following Bills were introduced in Lok Sabha on the 1st December , 1964: -
BILL NO . 79 OF 1964
A Bill to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 1964-65
BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows:---
1. This Act may be called the Appropriation ( No. 6) Act , 1964. Short title .
2. From and out of the Consolidated Fund of India there may be Issue of 5 paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of one hundred 78,000 and two crores , sixty - three lakhs and seventy - eight thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1964-65 , in respect of the services 10 specified in column 2 of the Schedule .
out of Rs . 1,02,63, the Con- solidated Fund of India for the year 1964-65 .
3. The sums authorised to be paid and applied from and out of Appro- the Consolidated Fund of India by this Act shall be appropriated priation . for the services and purposes expressed in the Schedule in relation to the said year .
(825) 826
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II
THE SCHEDULE
(See sections 2 and 3)
I
2
Services and purposes No. of Vote
9 Education
41
3
Sums not exceeding
5
Char-
Votedby Parliament
Total
ged on the Conse- lidated Fund
Rs .
R8 .
Rs ,
1,000
1,000
Other Revenue Expenditure of the Minis- try of Food and Agriculture
76
15
Other Revenue Expenditure of the Minis- try of Law
90
25,000
25,000
Ministry of Works , Housing and Rehabili- tation
92 Stationery and Printing
95
Department ofAtomic Energy
96
Atomic Energy Research
108 Lok Sabha
Rajya Sabha
125 Purchase of Foodgrains
136
9,93,000
993,000
32,000
32,000
98,000
20
98,000
33,87,000
33,8 7,000
8,40,000
8,40,000
29
2,000
2,000 Capital Outlay of the Ministry of Steel, Mines and Heavy Engineering
TOTAL
1,02,63,78,000
32,000
1,02,63,46,000 SEC . 21 THE GAZETTE OF INDIA EXTRAORDINARY
827
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of article 114 ( 1 ) of the Constitution of India, read with article 115 thereof , to provide for the appropriation out of the Consolidated Fund of India of the moneys required to meet the supplementary expenditure charged on the Consolidated Fund of India and the grants made by the Lok Sabha for expenditure of the Central Government , excluding Railways , for the financial year 1964-65.
T. T. KRISHNAMACHARI .
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter No. F. 5 ( 15 ) -B/ 64 , dated the 16th November , 1964 from Shri T. T. Krishnamachari , Minister of Finance to the Secretary , Lok Sabha. ]
The President having been informed of the subject matter of the proposed Bill to authorise payment and appropriation of certain fur- ther sums from and out of the Consolidated Fund of India for the services of the year ending on the 31st day of March , 1965 , recom- mends the introduction of the Appropriation ( No. 6 ) Bill , 1964 in the Lok Sabha and also recommends to the Sabha the consideration of the Bill under article 117 ( 1 ) and ( 3 ) of the Constitution read with article 115 thereof .
2. The Bill will be introduced in the Lok Sabha after all the Supplementary Demands for Grants for 1964-65 have been voted.
THE GAZETTE OF INDIA EXTRAORDINARY
828
[PART II
BILL NO . 78 OF 1964
A Bill further to amend the Essential Commodities Act , 1955 and the Criminal Law Amendment Act , 1952 .
BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows : -
1. ( 1) This Act may be called the Essential Commodities (Amendment ) Act , 1964.
(2) It shall be deemed to have come into force on the 5th day of s November , 1964 .
Short title, com- mence- ment and duration .
(3 ) It shall cease to have effect on the 31st day of December , 1966 , save as respects things done or omitted to be done before such cesser and section 6 of the General Clauses Act , 1897 shall apply upon such cesser as if it had then been repealed by a Central Act .
10
10 of 1897 .
2. In the Essential Commodities Act , 1955 , after section 12 , the following section shall be inserted , namely : -
Insertion of new section 12A in Act10 of 1955 .
Power to try sum- marily.
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 com- merce therein and other relevant considerations , it is necessary that the contravention of any order made under section 3 in rela- tion to such essential commodity should be tried summarily , the Central Government may , by notification in the Official Gazette, THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2 ]
829
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 Parlia- ment .
5
5 of 1898 .
(2) Where any notification issued under sub - section ( 1 ) in 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 or by a presidency 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 :
15
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 .
5 of 1898.
20
25
(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 section in which the magistrate passes a sentence of imprison- ment not exceeding one month, or of fine not exceeding 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 shall lie where any sentence of imprisonment or fine in excess of the aforesaid limits is passed by the magistrate.
30
35
( 4) Where any notification is issued under sub - section ( 1) in relation to a special order , all cases relating to the contraven- tion of such special order and pending on the date of the issue of such notification shall , if no witnesses have been examined be- fore 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 . " .
3. In the Criminal Law Amendment Act , 1952 , after section 8 , the Insertion following section shall be inserted , namely: -
of new section 8A in Act 46 of1952.
" 8A. ( 1 ) Where a special Judge tries any offence specified Power to in sub-section (1 ) of section 6 alleged to have been committed try sum- marily.
[PART II THE GAZETTE OF INDIA EXTRAORDINARY
830
10 of 1955.
5 of 1898 .
5
by a public servant in relation to the contravention of any spe- cial order referred to in section 12A of the Essential Commodities Act , 1955 , then, notwithstanding anything contained in sub -sec- tion ( 1 ) of section 8 of this Act or section 260 of the Code of Criminal Procedure , 1898 , the special Judge shall try the offence in a summary 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 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 .
15
20
(2 ) Notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure , 1898 , there shall be no appeal by a convicted person in any case tried summarily under this section in which the special Judge passes a sentence of imprisonment not exceeding one month , or of fine not exceed- ing two thousand rupees , or both , whether or not any order under section 517 of the said Code is made in addition to such sentence , but an appeal shall lie where any sentence of impri- sonment or fine in excess of the aforesaid limits is passed by the special Judge.
10 of1955 .
25
(3 ) Where any notification is issued under sub -section ( 1 ) of section 12A of the Essential Commodities Act , 1955 , in relation to a special order , all cases triable summarily under this section in relation to such special order and pending on the date of the issue of such notification shall , if no witnesses have been examin- ed before the said date , be tried by the special Judge in summary way under this section . " . a
3 of1964 .
Repeal.
30 4. (1 ) The Essential Commodities (Amendment ) Ordinance , 1964, is hereby repealed .
10 of 1955. 46of 1952 .
(2) Notwithstanding such repeal , anything done or any action taken under section 12A of the Essential Commodities Act , 1955 , or section 8A 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 .
SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
831
STATEMENT OF OBJECTS AND REASONS
The question of controlling the prices of foodstuffs 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 wide- spread 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 commodities 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 effective . 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 Essen- tial 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 notified from time to time and of public servants charged with offences of bribery, mis -conduct , etc. , in regard to contravention of the said orders . As Parliament was not in session and in 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 Parlia- ment which is intended to be in force for a limited period .
NEW DELHI ;
C. SUBRAMANIAM .
The 27th November , 1964.
S. L. SHAKDHER,
Secretary .
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