Emergency Powers (Continuance and Amendment) Act, 1942

Penalty for continued non-compliance with certain orders.

9.—(1) Where—

(a) a person is convicted of an offence under section 5 of the Principal Act by reason of his failure, neglect or refusal to comply with a provision in a Government order or a subsidiary instrument requiring him to perform a specified act within a specified period or before a specified date, and

(b) the said act remains, after the date of such conviction, unperformed by him,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for each day, after the date of such first-mentioned conviction, on which the said act remains unperformed by him or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months.

(2) An offence under this section shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.

(3) Sub-sections (5) and (8) of section 5 of the Principal Act shall apply in relation to an offence under this section in like manner as they apply in relation to an offence under the said section 5 .

(4) This section shall not apply in respect of any provision in a Government order relating to the cultivation of land by occupiers thereof.