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The Essential Services (Maintenance) Act, 1952

Section 7Penalties and procedure

In force

s. 7

7. Penalties and procedure (1) Any person found guilty of an offence under this Act shall be punishable with imprisonment for a term which may extend to one year and shall also be liable to a fine. (2) Where the person accused of an offence under this Act is a Company or other body corporate, every director, manager, secretary or other officer thereof shall, unless he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of the offence, be liable to the punishment provided for the offence. (3) No court shall take cognizance of any offence under this Act except upon complaint in writing made by [an officer] authorised in this behalf by the Government. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under this Act shall be cognizable. (5) Notwithstanding anything contained in the Code of Criminal Procedure, 1898,- (a) no Magistrate other than a Magistrate of the first class shall try an offence under this Act; and (b) a Magistrate trying an offence under this Act shall have power to try such offence summarily in accordance with the procedure laid down for summary trial in the said Code.

  1. 5. The words “an officer” were substituted for the words “a servant of any Government in Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

End of s. 7.

Read the contents: The Essential Services (Maintenance) Act, 1952