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March 5, 1999

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Stringent essentials bill tabled in LS

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In order to make the Essential Commodities Act stringent against hoarders and black marketeers, the government today introduced in the Lok Sabha, the Essential Commodities (Amendment) Bill 1999.

The bill, moved by Food Minister Surjit Singh Barnala, proposes to prescribe maximum fines of Rs 25,000 for the first offence and Rs 50,000 for the second and subsequent offences.

Under the proposed legislation, no court shall have the discretionary power to impose less than the minimum prescribed imprisonment in case of conviction under the Act.

In case of conviction in summary trial, the maximum imprisonment shall be of two years instead of one year. Summary trials will not be mandatory so as to enable courts to impose imprisonment up to seven years provided in the existing Act.

''The central government shall retain the enabling power to provide for summary trial in appropriate cases by issuing notification,'' the bill says.

The state governments, the bill envisages, shall have powers to constitute special courts for trial of the offences under the Act.

In order to minimise the alleged misuse of power by lower field functionaries, the proposed bill says that prior permission of an officer not below the rank of an executive magistrate will be required before making entry, examination or seizure under the Act.

No officer below the rank of a sub-inspector of police shall arrest any person accused of committing an offence punishable under the Act.

UNI

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