An Act further to amend the Abkari Act, I of 1077.
Preamble.—WHEREAS it is expedient further to amend the Abkari Act, I of 1077, for the purpose hereinafter appearing;
Be it enacted in the Twenty-fourth Year of the Republic of India as follows;—
1. Short title and commencement.—(1) This Act may be called the Abkari (Amendment) Act, 1973.
(2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
2. Insertion of new section 55A.—In the Abkari Act, I of 1077, section 55A shall be re-lettered as section 55B and before that section, the following section shall be inserted, namely:—
"55A. Magistrates of second class to have power to impose minimum penalties for certain first offences.— Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), it shall be lawful for a Magistrate of the second class to pass the minimum sentence mentioned in paragraph (i)of the proviso to clause (1) of section 55, for a first offence referred to in that paragraph, in excess of his powers under section 32 of the said Code.".
