Section 12 in Tamil Nadu Essential Articles Control and Requisitioning Act, 1949
12. Penalties.
(1)If any person contravenes any order made under section 3 or section 4 or section 7(1)(a) or continued under section 9, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both; and, if the order so provides, 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 [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government:Provided that where the contravention is of an order relating to an essential article which contains an express provision in this behalf, the Court shall make such direction, unless for reasons to be recorded in writing, it is of opinion that the direction should not be made in respect of the whole or, as the case may be, apart of the property.(2)Where any essential article is seized under the authority of an order made under this Act or continued under section 9 and such order provides for the forfeiture of the article in respect of which the order has been contravened, such forfeiture may, whether or not any prosecution is instituted for a contravention of the order, be adjudged by the Collector of the district or Presidency town in which the seizure was made, and any forfeiture so adjudged shall, subject only to an appeal which shall lie to the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, be final:Provided that an adjudication of forfeiture under this sub-section shall be no bar to the prosecution or punishment of any person under sub-section(3)Notwithstanding anything contained in section 32 of the Code of [Criminal Procedure, 1898] [Now the Code of Criminal Procedure, 1973 (Central Act 2 of l974), section 29.] (Central Act V of 1898), it shall be lawful for any Magistrate of the first class specially empowered by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government in this behalf and for any Presidency Magistrate to pass a sentence of fine exceeding one thousand rupees on any person convicted of contravening an order made under this Act or continued under section 9.Notes. - According to clauses (a) and (c) of sub-section (3) of section 3 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), which came into force on the 1st April 1974, any reference to a Magistrate of the first class shall be construed as a reference to a Judicial Magistrate of the first class and any reference to a Presidency Magistrate shall be construed as a reference to a Metropolitan Magistrate.(4)If any person to whom any provision of any order made under this Act or continued under section 9 relates, or to whom any such provision is addressed or who is in occupation, possession or control of any land, building, vehicle, vessel or other thing to which such provision relates -(a)fails, without lawful authority, or excuse himself, or in respect of any land, building, vehicle, vessel or other thing of which he is in occupation, possession or control to comply, or to secure compliance, with such provision, or(b)evades or attempts to evade, by any means, such provision, he shall be deemed to have contravened such provision and in this Act, the expression "contravention" with its grammatical variations shall include any such failure, evasion or attempt to evade.
