Section 12 of The Essential Commodities Act, 1955 — Special provision regarding fine

Bare section text

Official Legislative Text

Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate, or any Judicial Magistrate of the first class specially empowered by the State Government in this behalf, to pass a sentence of fine exceeding Rs. 5,000 on any person convicted of contravening any order made under section 3.

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Summary

It allows specific magistrates to hand down high monetary fines that go beyond the usual limits set by regular criminal law.
This power overrides Section 29 of the Code of Criminal Procedure, 1973, which normally restricts the amount of fine a magistrate can impose.
Only a Metropolitan Magistrate or a Judicial Magistrate of the first class specially empowered by the State Government can use this power.
The special fine can exceed five thousand rupees for anyone convicted of violating an order under Section 3 of the law.

Practical examples

1Ramesh is convicted of illegally hoarding rice in Mumbai. Under normal criminal law rules, the local magistrate can only fine him up to five thousand rupees, but because of Section 12 of the Essential Commodities Act, the Metropolitan Magistrate can fine Ramesh fifty thousand rupees.

2Maya runs a wholesale oil business in a small town. She is found guilty of selling mustard oil above the government's set price. The State Government has specially empowered the local Judicial Magistrate of the first class, who orders Maya to pay a fine of fifteen thousand rupees under Section 12 of the Act, which is higher than the usual limits.

FAQ

1. What is the maximum fine a magistrate can impose under Section 12 of the Essential Commodities Act, 1955?

Under Section 12 of the Essential Commodities Act, 1955, there is no specified upper limit for the fine in the text, but it explicitly makes it lawful for authorized magistrates to pass a sentence of fine exceeding five thousand rupees, overriding the standard limits of the regular criminal procedure code.

2. Which judges are allowed to impose these high fines under Section 12 of the Essential Commodities Act, 1955?

Under Section 12 of the Essential Commodities Act, 1955, only a Metropolitan Magistrate or a Judicial Magistrate of the first class who is specially empowered by the State Government has the legal authority to impose these higher fines.

3. How does Section 12 of the Essential Commodities Act, 1955, relate to the regular Code of Criminal Procedure, 1973?

Under Section 12 of the Essential Commodities Act, 1955, the special authority to impose heavy fines applies notwithstanding anything contained in Section 29 of the Code of Criminal Procedure, 1973, meaning it completely bypasses the standard fine limits that normally restrict these magistrates.

Practice Quiz

Q1.Under Section 12 of the Essential Commodities Act, 1955, which specific provision of general criminal law is bypassed to allow higher fines?

Q2.Under Section 12 of the Essential Commodities Act, 1955, who must empower a Judicial Magistrate of the first class to impose a fine exceeding five thousand rupees?

Q3.Under Section 12 of the Essential Commodities Act, 1955, what is the threshold above which a fine can be lawfully passed by an authorized magistrate?

Q4.Under Section 12 of the Essential Commodities Act, 1955, and Section 12A of the same Act, which judges are authorized to act in both summary trials and the imposition of special fines?

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