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THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023
NO. 18 OF 2023
[11th August, 2023.]
An Act to amend certain enactments for decriminalising and rationalising offences
to further enhance trust-based governance for ease of living and doing business.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Jan Vishwas (Amendment of Provisions) Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint; and different dates may be appointed for amendments relatingto different enactments mentioned in the Schedule.
2. The enactments mentioned in column (4) of the Schedule are hereby amended to the
extent and in the manner mentioned in column (5) thereof.
3. The fines and penalties provided under various provisions in the enactments
mentioned in the Schedule shall be increased by ten per cent. of the minimum amount of fineor penalty, as the case may be, prescribed therefor, after the expiry of every three years fromthe date of commencement of this Act.Short title andcommencement.
Amendment
of certainenactments.
Revision of
fines andpenalties.vlk/kkj.k
EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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No. 21] NEW DELHI, FRIDAY, AUGUST 11, 2023/SRA VANA 20, 1945 (SAKA) )
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —20 REGISTERED NO. DL—(N)04/0007/2003—21
MINISTRY OF LA W AND JUSTICE
(Legislative Department)
New Delhi, the 11th August, 2023/ Sravana 20, 1945 ( Saka )
The following Act of Parliament received the assent of the President on the
11th August, 2023 and is hereby published for general information:—
CG-DL-E-12082023-248047
4. The amendment or repeal by this Act of any enactment shall not affect any other enactment
in which the amended or repealed enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of anything
already done or suffered, or any right, title, obligation or liability already acquired, accrued orincurred or any remedy or proceeding in respect thereof, or any release or discharge of, orfrom any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted,or the proof of any past act or thing;
nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course
of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption,office or appointment, notwithstanding that the same respectively may have been in anymanner affirmed, or recognised or derived by, in or from any enactment hereby amended orrepealed;
nor shall the amendment or repeal by this Act of any enactment revive or restore any
jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice,procedure or other matter or thing not now existing or in force.
THE SCHEDULE
(See section 2)
Sl. Y ear No. Short title Amendments
No.
(1) (2) (3) (4) (5)
1. 1867 25 The Press and ( A) In section 8C,—Savings.
(i) in sub-section ( 1), after the words,
figure and letter "declaration under section8B", the words, figures and letter "or anorder by the Press Registrar suspending orcancelling the certificate of registrationunder section 12 or imposing penaltiesunder section 13 or under section 19K" shallbe inserted;
(ii) in sub-section ( 2), after the words
"records from the Magistrate", the words"or from the Press Registrar, as the casemay be," shall be inserted.
(B) For sections 12 to 14, the following
sections shall be substituted, namely:—
"12. Suspension or cancellation of
certificate of registration.—( 1) The Press
Registrar may, by order, suspend thecertificate of registration of a newspaperfor a period not exceeding one year, if—
(a) the publisher has failed to
publish the newspaper continuously.
Explanation. —For the removal
of doubts, it is hereby clarified that ifa newspaper publishes less than halfof its issues, as are required to bepublished under rule ( 6) of section 5,
such newspaper shall be deemed toRegistration of
Books Act, 1867
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
have failed to publish continuously;
or
(b) the publisher of a
newspaper has given false particularsin the annual statement; or
(c) the publisher of a
newspaper has failed to furnish theannual statement within two yearsfrom the end of the financial year forwhich the annual statement was tobe furnished.
(2) The Press Registrar may, by order,
cancel the certificate of registration where—
(i) a newspaper has ceased
publication for a period exceedingtwenty-four months;
(ii) the publisher of a
newspaper fails to furnish the annualstatement even after the expiry of theperiod during which the certificate ofregistration was suspended underclause ( c) of sub-section ( 1);
(iii) the registration was
obtained on false representation oron concealment of any material fact;
(iv) the title of the newspaper
bears the same or similar title alreadyheld by any other owner of anewspaper either in the samelanguage anywhere in India or in anyother language in the same State orUnion territory.
(3) No order for suspension or
cancellation of certificate of registrationshall be made under this section, withoutgiving a reasonable opportunity of beingheard to the publisher or owner of thenewspaper, as the case may be.
(4) A copy of order of suspension or
cancellation passed under this section shallbe made available to the Central Governmentor the State Government or the Unionterritory administration, as the case may be,and to the Magistrate.
13. Penalty for certain contra-
ventions.—The Press Registrar may imposea penalty—
(i) not exceeding ten thousand
rupees where the publisher prints orpublishes any book or paper(1) (2) (3) (4) (5)
otherwise than in conformity with the
provisions contained in section 3;
(ii) not exceeding ten thousand
rupees where the keeper of the pressfails to make and subscribe thedeclaration in conformity with theprovisions contained in section 4;
(iii) not exceeding twenty
thousand rupees where the publisherfails to furnish the annual statementas required under clause ( a) of
section 19D within one year from theend of the financial year in respect ofwhich the annual statement wasrequired to be furnished;
(iv) not exceeding twenty
thousand rupees where a person whohas ceased to be a printer or publisherof any newspaper fails or neglects tomake a declaration in compliance withthe provisions of section 8;
(v) not exceeding two thousand
rupees for not delivering books or notsupplying printer with maps referredto in section 9;
(vi) not exceeding two
thousand rupees where any printerof a newspaper neglects to delivercopies of the newspaper incompliance with the provisions ofsections 11A and 11B.".
(C) Sections 15A to 17 shall be omitted.
(D) For section 19K, the following section
shall be substituted, namely:—
"19K. Penalty for contravention of
section 19D or section 19E.—If the publisherof any newspaper—
(a) refuses or neglects to
comply with the provisions ofclause ( b) of section 19D or
section 19E; or
(b) publishes in the newspaper
in pursuance of clause ( b) of
section 19D any particulars relatingto the newspaper which he hasreason to believe to be false,
he shall be liable to penalty not exceeding
ten thousand rupees.".
(E) Section 19L shall be omitted.(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
Chapter X shall be omitted.
(A) In section 22,—
(a) in clause ( iii), for the word and
figures "section 16,", the words and figures
"section 16; or" shall be substituted;
(b) after clause ( iii), the following
clause shall be inserted, namely:—
"(iv) to report an accident to a
boiler or boiler component when so
required under section 18,";
(c) in the long line, for the words
"punishable with fine", the words "liable to
penalty" shall be substituted.
(B) For section 23, the following section
shall be substituted, namely:—
"23. Penalties for illegal use of
boiler.—Any owner of a boiler who—
(a) in any case in which a
certificate or provisional order is
required for the use of the boiler
under this Act, uses the boiler eitherwithout any such certificate or order
being in force or at a higher pressure
than that allowed thereby; or
(b) uses or permits to be used a
boiler which has been transferredfrom one State to another without
such transfer having been reported
as required under clause ( b) of
section 6; or
(c) fails to cause the register
number allotted to the boiler under
this Act to be permanently marked on
the boiler as required undersub-section ( 6) of section 7,
shall be liable to penalty which may extend
to one lakh rupees, and in the case of a
continuing contravention or failure, with an
additional penalty which may extend to onethousand rupees for every day during
which such contravention or failure
continues.".
(C) In section 24, clauses ( a), (b) and ( d)
shall be omitted.
(D) In section 25, in sub-section ( 1), for the
words “punishable with fine”, the words “liable
to penalty” shall be substituted.
(E) After section 26, the following sections
shall be inserted, namely:—
“26A. Adjudication.—( 1) The State
Government or the Union territory(1) (2) (3) (4) (5)
2. 1898 6 The Indian Post
Office Act, 1898
3. 1923 5 The Boilers
Act, 1923
administration, as the case may be, for the
purposes of determining the penalties undersections 22, 23, sub-section ( 1) of section
25 and section 30, may authorise the District
Magistrate or the Additional DistrictMagistrate, as the case may be, having
jurisdiction, to be the adjudicating officer
to hold an inquiry and impose penalty, inthe manner as may be prescribed by the State
Government or the Central Government, as
the case may be.
(2) The adjudicating officer may
summon and enforce the attendance of any
person acquainted with the facts andcircumstances of the case to give evidence
or to produce any document, which in the
opinion of the adjudicating officer, may beuseful for, or relevant to, the subject-matter
of the inquiry, and if, on such inquiry, he is
satisfied that the person concerned hasfailed to comply with the provisions of
sections 22, 23, sub-section ( 1) of section
25 and section 30, he may impose penalty:
Provided that no such penalty shall
be imposed without giving the person
concerned a reasonable opportunity ofbeing heard.
26B. Appeal.—( 1) Whoever
aggrieved by the order, passed by theadjudicating officer under section 26A, may
prefer an appeal to an officer not below the
rank of Secretary to the State Governmentor the Union territory administration, as the
case may be, to be an appellate authority,
specially authorised by that Government oradministration in this behalf, within sixty
days from the date of receipt of order, in
such form and manner as may be prescribedby the State Government or the Central
Government, as the case may be.
(2) An appeal may be admitted after
the expiry of the period of sixty days if the
appellant satisfies the appellate authority
that he had sufficient cause for notpreferring the appeal within that period.
(3) The appellate authority may, after
giving the parties to the appeal anopportunity of being heard, pass such order
as he may think fit.
(4) An appeal under sub-section ( 1)
shall be disposed of within sixty days from
the date of filing.”.(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(F) In section 27, the words “Presidency
Magistrate or a” shall be omitted.
(G) In section 28A, in sub-section ( 1A), after
clause ( c), the following clauses shall be inserted,
namely:—
“(ca) the manner of holding inquiry
and imposing penalty under sub-section ( 1)
of section 26A;
(cb) the form and manner of preferring
appeal under sub-section ( 1) of section
26B;”.
(H) In section 29, in sub-section ( 1), after
clause ( h), the following clauses shall be inserted,
namely:—
“(ha) the manner of holding inquiry
and imposing penalty under sub-section ( 1)
of section 26A;
(hb) the form and manner of preferring
appeal under sub-section ( 1) of
section 26B;”.
(I) In section 30,—
(i) for the words “punishable, in the
case of a first offence, with fine”, the words
“liable to penalty, in the case of a first
contravention, with penalty’’ shall be
substituted;
(ii) for the words “subsequent
offence, with fine”, the words “subsequent
contravention, with penalty” shall be
substituted.
(A) In section 26,—
(i) in sub-section ( 1), clauses ( d)
and ( e) shall be omitted;
(ii) after sub-section ( 1), the following
sub-section shall be inserted, namely:—
"(1A) Any person who, in a
reserved forest—
(a) trespasses or
pastures cattle, or permits cattle
to trespass shall be liable topenalty which may extend tofive hundred rupees, in addition
to such compensation for
damage done to the forest asdetermined by a Forest-officerempowered under section 68;
(b) causes any damage
by negligence in felling any tree(1) (2) (3) (4) (5)
4. 1927 16 The Indian Forest
Act, 1927
or cutting or dragging any
timber shall be liable to penalty
which may extend to five
thousand rupees, in addition tosuch compensation for damage
done to the forest as
determined by a Forest-officerempowered under section 68.”.
(B) In section 33,—
(i) in sub-section ( 1), clauses ( e), (f)
and ( g) shall be omitted;
(ii) after sub-section ( 1), the following
sub-section shall be inserted, namely:—
"(1A) Any person who in a
protected forest—
(a) leaves burning any
fire kindled by him in the
vicinity of any tree reserved
under section 30, whetherstanding, fallen or felled, or
closed portion of any protected
forest;
(b) fells any tree or drags
any timber so as to damage any
tree reserved as aforesaid,
shall be liable to penalty which may
extend to five thousand rupees in
addition to such compensation fordamage done to the forest as
determined by a Forest-officer
empowered under section 68.”.
(C) In section 68,—
(i) for the marginal heading, the
following marginal heading shall besubstituted, namely:—
"Power to compound offences
and impose penalties.";
(ii) in sub-section ( 1)—
(I) in clause ( a), for the word
", and", the word "; or" shall besubstituted;
(II) after clause ( a), the
following clause shall be inserted,
namely:—
"(aa) to accept from any
person a sum of money by way(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
(1) (2) (3) (4) (5)
of penalty or compensation for
violation of sub-section ( 1A) of
section 26 or sub-section ( 1A)
of section 33; and".
(A) In section 3, in sub-section ( 2), after
clause ( g), the following clauses shall be inserted,
namely:—
“(ga) holding inquiry and imposing
penalty under sub-section ( 1) of section 5C;
(gb) preferring appeal under
sub-section ( 1) of section 5D;”.
(B) In section 4, for the words “punishable
with imprisonment for a term not exceeding six
months and fine not exceeding five thousandrupees”, the words “liable to penalty notexceeding five lakh rupees” shall be substituted.
(C) In section 5, for the words “punishable
with imprisonment for a term not exceeding threeyears and fine not exceeding five thousandrupees”, the words “liable to penalty notexceeding fifteen lakh rupees” shall besubstituted.
(D) In section 5A, for the words “punishable
with imprisonment for a term not exceeding six
months and fine not exceeding five thousand
rupees”, the words “liable to penalty notexceeding three lakh rupees” shall be substituted.
(E) In section 5B, in sub-section ( 4), for the
words “punishable with imprisonment for a termnot exceeding six months and fine not exceedingfive thousand rupees”, the words “liable topenalty not exceeding five lakh rupees” shall besubstituted.
(F) For section 5C, the following sections
shall be substituted, namely:—
"5C. Adjudicating officer.—
(1) The Central Government may, for the
purposes of determining the penalties undersections 4, 5, 5A and 5B, appoint an officernot below the rank of Deputy Secretary tothe Government of India or an officer notbelow the rank of Deputy Secretary to theState Government, to be adjudicating officerto hold an inquiry and impose penalty, in
the manner as may be prescribed:5. 1937 1 The Agricultural
Produce (Gradingand Marking)Act, 1937
Provided that the Central Government
may appoint as many adjudicating officersas may be required.
(2) The adjudicating officer may
summon and enforce the attendance of anyperson acquainted with the facts andcircumstances of the case to give evidenceor to produce any document, which in theopinion of the adjudicating officer, may beuseful for, or relevant to, the subject-matterof the inquiry and if, on such inquiry, he issatisfied that the person concerned hasfailed to comply with the provisions ofsections 4, 5, 5A and 5B, he may impose
penalty:
Provided that no such penalty shall
be imposed without giving the personconcerned a reasonable opportunity ofbeing heard in the matter.
5D. Appeal.—( 1) Whoever aggrieved
by the order, passed by the adjudicatingofficer under section 5C may prefer an appealto the Agricultural Marketing Adviser,Government of India within thirty days fromthe date of receipt of order in such manneras may be prescribed.
(2) An appeal may be admitted after
the expiry of the period of thirty days if theappellant satisfies the AgriculturalMarketing Adviser that he had sufficientcause for not preferring the appeal withinthat period.
(3) The Agricultural Marketing
Adviser may, after giving the parties to the
appeal an opportunity of being heard, pass
such order as he may think fit.
(4) The Agricultural Marketing
Adviser referred to in sub-section ( 1) shall
dispose of the appeal within sixty days fromthe date of filing.
5E. Recovery.—Notwithstanding
anything contained in this Act, if penaltyimposed by the adjudicating officer undersection 5C or order of the AgriculturalMarketing Adviser under section 5D, as thecase may be, is not deposited, the amountshall be recovered as an arrear of land
revenue.".(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
(A) In section 29, for the words "punishable
with fine which may extend to five thousandrupees", the words "liable to penalty which may
extend to one lakh rupees" shall be substituted.
(B) In section 30, in sub-section ( 2), for the
words "imprisonment which may extend to twoyears, or with fine which shall not be less than ten
thousand rupees, or with both", the words "fine
which shall not be less than five lakh rupees" shallbe substituted.
(C) In section 32B, in sub-section ( 1), after
the words and figures "of section 13,", the words,
brackets, letters and figures "clause ( d) of section
27 and clause ( ii) of section 27A," shall be inserted.(1) (2) (3) (4) (5)
6. 1940 23 The Drugs and
Cosmetics
Act, 1940
7. 1944 18 The Public Debt Section 27 shall be omitted.
Act, 1944
(A) In section 11, in sub-section ( 3), for the
words "imprisonment for a term which may extend
to one year or with fine or with both", the wordsand figures "penalty which may extend to onelakh rupees or cancellation of licence issued undersection 14, or with both" shall be substituted.
(B) In section 13, sub-section ( 3) shall be
omitted.
(C) In section 25, in sub-section ( 2), after
clause ( xxiii), the following clauses shall be
inserted, namely:—
"(xxiiia ) the manner of holding
inquiry and imposing penalty under
sub-section ( 1) of section 26B;
(xxiiib ) the form and manner of
preferring appeal under sub-section ( 2) of
section 26B;".
(D) In section 26, in sub-section ( 1), in the
long line, for the words "punishable with
imprisonment for a term which may extend to one
year, or with fine which may extend to fivethousand rupees, or with both", the words "liableto penalty which may extend to fifty thousandrupees" shall be substituted.
(E) After section 26A, the following section
shall be inserted, namely:—
"26B. Adjudication of penalties.—( 1)
For the purposes of adjudging the penaltiesunder sub-section ( 3) of section 11 and
section 26, the Executive Director shallappoint the Secretary to the Board or any
other officer authorised by the Central
Government, as the case may be, to be anadjudicating officer for holding an inquiryThe Rubber
Act, 19478. 1947 24
(1) (2) (3) (4) (5)
and imposing penalty in the manner as may
be prescribed, after giving any personconcerned a reasonable opportunity ofbeing heard.
(2) Whoever is aggrieved by any
order of the adjudicating officer may prefer
an appeal to the Executive Director, within a
period of sixty days from the date of receiptof such order in such form and manner asmay be prescribed.
(3) An appeal may be admitted after
the expiry of the period of sixty days if the
appellant satisfies the Executive Director
that he had sufficient cause for notpreferring the appeal within that period.
(4) No appeal shall be disposed of
unless the appellant has been given areasonable opportunity of being heard.
(5) An appeal under sub-section ( 2)
shall be disposed of within sixty days fromthe date of filing.
(6) The amount of penalty imposed
under sub-section ( 1), if not paid, may be
recovered as an arrear of land revenue.".
(A) In section 18, in sub-section ( 2), after
clause ( h), the following clauses shall be inserted,
namely:—
"(i) the manner of holding inquiry and
imposing penalty under sub-section ( 1) of
section 43A;
(j) the form and manner of preferring
appeal under sub-section ( 2) of section
43A.".
(B) In section 26A, in sub-section ( 3), for
the words "punishable with imprisonment for aterm which may extend to six months, or with fine
not exceeding one thousand rupees, or with both",
the words "liable to penalty which may extend toone lakh rupees" shall be substituted.
(C) In section 41, for sub-section ( 1), the
following sub-section shall be substituted,namely:—
"(1) If any person whose name is not
for the time being entered in the register ofthe State falsely pretends that it is so enteredor uses in connection with his name or titleany words or letters reasonably calculatedto suggest that his name is so entered, he
shall be punishable on first conviction with
fine which may extend to one lakh rupeesand on subsequent conviction withimprisonment which may extend to three9. 1948 8 The Pharmacy
Act, 1948
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
(1) (2) (3) (4) (5)
months or with fine not exceeding two lakh
rupees, or with both:
Provided that it shall be a defence if
the name of the person is entered in the
register of another State and that at the time
of claim, an application for registration in
the State had been made.".
(D) In section 42, in sub-section ( 2), for the
words "imprisonment for a term which may extendto six months, or with fine not exceeding one
thousand rupees or with both", the words
"imprisonment for a term which may extend to three
months, or with fine which may extend to two lakh
rupees, or with both" shall be substituted.
(E) After section 43, the following section
shall be inserted, namely:—
"43A. Adjudication of penalties.—( 1)
For the purposes of adjudging the penalties
under section 26A, the Central Government
shall authorise the President of the State
Council, where the alleged violation iscommitted, to be the adjudicating officer for
holding an inquiry and impose penalty in
the manner as may be prescribed under
section 18, after giving any person
concerned a reasonable opportunity ofbeing heard.
(2) Whoever is aggrieved by any
order of the adjudicating officer may prefer
an appeal to the President, Central Council,
within a period of forty-five days from the
date of receipt of such order in such form
and manner as may be prescribed undersection 18.
(3) The President, Central Council
may entertain an appeal after the expiry of
forty-five days, if it is satisfied that the
appellant was prevented from sufficientcause for filing the appeal within the said
period.
(4) No appeal shall be disposed of
unless the appellant has been given a
reasonable opportunity of being heard.
(5) An appeal under sub-section ( 2)
shall be disposed of within ninety days fromthe date of filing.
(6) The amount of penalty imposed
under sub-section ( 1), if not paid, may be
recovered as an arrear of land revenue.".
(A) In section 24, in sub-section ( 1), for the
long line, the following long line shall besubstituted, namely:—
"he shall be liable to penalty which
may extend to twenty-five lakh rupees.".
(B) For section 24A, the following sections
shall be substituted, namely:—
"24A. Adjudication.—( 1) The
Central Government, for the purposes ofdetermining the penalties under section 24,shall authorise the District Magistrate orthe Additional District Magistrate, havingjurisdiction, to be the adjudicating officer,to hold an inquiry and impose penalty inthe manner, as may be prescribed.
(2) The adjudicating officer may
summon and enforce the attendance of anyperson acquainted with the facts andcircumstances of the case to give evidenceor to produce any document, which in theopinion of the adjudicating officer, may beuseful for, or relevant to, the subject-matterof the inquiry and if, on such inquiry, he issatisfied that the person concerned hasfailed to comply with the provisions of thisAct, he may impose such penalty as hethinks fit in accordance with the provisionsof section 24:
Provided that no such penalty
shall be imposed without giving the personconcerned a reasonable opportunity ofbeing heard.
24B. Appeal.—( 1) Whoever
aggrieved by the order, passed by theadjudicating officer under section 24A, mayprefer an appeal to an officer not below therank of Joint Secretary to the Governmentof India, to be an appellate authority, withinthirty days from the date of receipt of order,in such form and manner as may beprescribed.
(2) An appeal may be admitted after
the expiry of the period of thirty days if theappellant satisfies the appellate authoritythat he had sufficient cause for notpreferring the appeal within that period.
(3) The appellate authority may, after
giving the parties to the appeal anopportunity of being heard, pass such orderas he may think fit.(1) (2) (3) (4) (5)
10. 1951 65 The Industries
(Developmentand Regulation)Act, 1951
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15
(4) An appeal under sub-section ( 1)
shall be disposed of within sixty days fromthe date of filing.
24C. Recovery.—Notwithstanding
anything contained in this Act, if penaltyimposed by the adjudicating officer undersection 24A or order of the appellateauthority under section 24B, as the casemay be, is not deposited, the amount shallbe recovered as an arrear of land revenue.".
(C) Section 27 shall be omitted.
(D) In section 28, for the word "prosecuted",
the words "imposed penalty" shall be substituted.
(E) Sections 29 and 29A shall be omitted.
(F) In section 30,—
(i) in sub-section ( 2), after clause ( pp),
the following clauses shall be inserted,namely:—
"(ppa) the manner of holding
inquiry and imposing penalty undersub-section ( 1) of section 24A;
(ppb) the form and manner
of preferring appeal undersub-section ( 1) of section 24B;";
(ii) in sub-section ( 3), for the word
"punishable", the words "liable to penalty"shall be substituted.
(A) In section 7,—
(i) for sub-section ( 1), the following
sub-section shall be substituted,namely:—
‘(1) If any person—
(a) without lawful
authority (the burden ofproving which shall be on suchperson) alters or tampers in anyway any film after it has beencertified, he shall be punishablewith imprisonment for a termwhich may extend to threeyears or with fine which shallnot be less than ten lakhrupees, or with both;
(b) exhibits or permits to
be exhibited in any place, anyfilm—(1) (2) (3) (4) (5)
11. 1952 37 The Cinematograph
Act, 1952
(i) which has
not been certified bythe Board;
(ii) which,
when exhibited doesnot display theprescribed mark of theBoard;
(iii) which,
when exhibiteddisplays a mark of theBoard which has
since been altered or
tampered with, afterthe mark has beenaffixed,
he shall be punishable with
imprisonment for a term whichmay extend to three years orwith fine which may extend toten lakh rupees, or with bothand in the case of a continuing
offence with a further fine
which may extend to one lakhrupees for each day duringwhich the offence continues;
(c) exhibits or permits to
be exhibited in any place, avideo film in contravention ofthe provisions of clause ( a) or
clause ( b), he shall be
punishable with imprisonment
for a term which may extend to
three years or with fine whichmay extend to ten lakh rupees,or with both, and in the case ofa continuing offence with afurther fine which may extend
to one lakh rupees for each day
during which the offencecontinues;
(d) exhibits or permits to
be exhibited any film, which has
been certified by the Board as‘‘A’’ within the meaning of thisAct to any minor, such personshall be liable to penalty notexceeding ten thousand rupees
per person for every such
exhibition, levied by theauthorised officer in suchmanner as may be prescribed;
(e) exhibits or permits to
be exhibited any film, which hasbeen certified by the Board as‘‘S’’ within the meaning of this(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17
Act, to a person who is not a
member of such profession orclass, shall be liable to penaltynot exceeding ten thousandrupees per person for everysuch exhibition, levied by the
authorised officer in such
manner as may be prescribed;
(f) fails to comply with the
provisions contained in section
6A or with any order made by
the Central Government or bythe Board in the exercise of anyof the powers or functionsconferred on it by this Act orthe rules made thereunder, he
shall be liable to penalty not
exceeding five lakh rupees,levied by the authorised officerand in such manner as may beprescribed:
Provided that
notwithstanding anythingcontained in section 29 of theCode of Criminal Procedure,1973 (2 of 1974), it shall be lawful
for any Metropolitan
Magistrate, or any JudicialMagistrate of the First Classspecially empowered by theState Government in this behalf,to pass a sentence of fine
exceeding five thousand
rupees on any personconvicted of any offencepunishable under this Partunder clauses ( a) to (c):
Provided further that no
distributor or exhibitor or owneror employee of a cinema houseshall be liable to punishment forcontravention of any condition
of endorsement of caution that
has been certified as "UA"under this Part.';
(ii) after sub-section ( 3), the following
sub-section shall be inserted, namely:—
"(4) Whoever aggrieved by
any penalty imposed under clauses(d) to ( f) of sub-section ( 1) or
section 14, may prefer an appeal to
such appellate authority within suchperiod and in such form and manneras may be prescribed.".
(B) In section 8, in sub-section ( 2), after
clause ( cb), the following clauses shall be inserted,
namely:—(1) (2) (3) (4) (5)
"(cc) the authorised officer and the
manner of levy of penalty by him in terms of
clauses ( d) to ( f) of sub-section ( 1) of
section 7;
(cd) the period, form and manner of
preferring appeal and appellate authorityunder sub-section ( 4) of section 7;" .
(C) In section 14, for the words "punishable
with fine which may extend to one thousandrupees and, in the case of a continuing offence,with a further fine which may extend to onehundred rupees for each day during which theoffence continues", the words "liable to penalty
of one lakh rupees and, in the case of a continuing
contravention, with a further penalty which mayextend to ten thousand rupees for each day duringwhich the contravention continues" shall besubstituted.
(D) For section 15, the following section
shall be substituted, namely:—
"15. Power to revoke or suspend
licence.—( 1) Where the holder of a licence
has been convicted of an offence underclauses ( a) to ( c) of sub-section ( 1) of
section 7, the licence may be revoked by
the licensing authority.
(2) Where the holder of a licence has
been imposed penalty for contraventionunder clauses ( d) to (f) of sub-section ( 1) of
section 7 or section 14, the licence may besuspended by the licensing authority for a
period not exceeding thirty days:
Provided that in cases of more than
three contraventions over a period of threeyears, the licensing authority, may, for thereasons to be recorded in writing, by order,revoke the licence:
Provided further that no order under
this section shall be made without givingthe holder of the licence a reasonableopportunity of being heard.".
(A) Sections 38 to 40 shall be omitted.
(B) In section 41, in sub-section ( 1), for the
words "punishable with imprisonment for a term
which may extend to six months, or with fine whichmay extend to five thousand rupees, or withboth,", the words "liable to penalty which mayextend to fifty thousand rupees" shall besubstituted.
(C) In section 42, for the words "punishable
with imprisonment which may extend to six months,or with fine which may extend to five thousand
rupees, or with both, and in the case of a continuing(1) (2) (3) (4) (5)
12. 1953 29 The Tea Act, 1953
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19
contravention with an additional fine which may
extend to five hundred rupees for every dayduring which such contravention continues afterconviction for the first such contravention", thewords "liable to penalty which may extend to fiftythousand rupees and for subsequent
contravention, penalty which may extend to one
lakh rupees" shall be substituted.
(D) After section 42, the following
section shall be inserted, namely:—
"42A. Adjudication of
penalties.—( 1) For the purposes of
adjudging the penalties undersub-section ( 1) of section 41 and
section 42, the Deputy Chairman of
the Board shall appoint the Secretaryto the Board or any other officerauthorised by the CentralGovernment, as the case may be, tobe an adjudicating officer for holding
an inquiry and imposing penalty in
the manner as may be prescribed, aftergiving a reasonable opportunity ofbeing heard.
(2) Whoever is aggrieved by
any order of the adjudicating officermay prefer an appeal to the DeputyChairman of the Board, within a periodof sixty days from the date of receiptof such order in such form and manner
as may be prescribed.
(3) An appeal may be admitted
after the expiry of the period of sixtydays if the appellant satisfies the
Deputy Chairman that he had
sufficient cause for not preferring theappeal within that period.
(4) No appeal shall be disposed
of unless the appellant has been
given a reasonable opportunity ofbeing heard.
(5) An appeal under
sub-section ( 2) shall be disposed of
within sixty days from the date offiling.
(6) The amount of penalty
imposed under sub-section ( 1), if not
paid, may be recovered as an arrearof land revenue.".
(E) In section 49, in sub-section ( 2), after
clause ( x), the following clauses shall be inserted,
namely:—
"(xa) the manner of holding inquiry
and imposing penalty under sub-section ( 1)
of section 42A;(1) (2) (3) (4) (5)
(xb) the form and manner of preferring
appeal under sub-section ( 2) of section
42A;".
Section 68 shall be omitted.
(A) In section 436,—
(a) in sub-section ( 2), in the Table,
against the serial numbers mentioned under
column 1, in respect of the offences under
column 2, relating to the sections under
column 3 and the penalties under column 4,
shall, respectively be substituted, in the
manner as provided, namely:—
Serial Offences Section of Penalties
No. this Act to
whichoffencehasreference
12 3 4
16 "Penalty which
may extend to
two lakh
rupees."
29 "Penalty which
may extend to
two lakh
rupees."
35 "Penalty which
may extend to
two lakh
rupees."
43 "Penalty which
may extend to
two lakh
rupees."
44 "Penalty which
may extend to
fifty thousand
rupees."
57(a) "He shall be
liable to
forfeit all or
any part of
the propertyhe leaves on
board and of
the wages hehas then
earned and
also if the(1) (2) (3) (4) (5)
13. 1957 14 The Copyright
Act, 1957
14. 1958 44 The Merchant
ShippingAct, 1958
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21
desertion
takes place at
any place notin India, toforfeit all orany part ofthe wages
which he may
earn in anyother ship inwhich he maybe employeduntil his next
return to
India, and tosatisfy anyexcess ofwages paidby the master
or owner of
the ship fromwhich hedeserts to anysubstituteengaged in
his place at a
higher rate ofwages thanthe ratestipulated tobe paid to
him."
57(b) "he shall, if the
contraventiondoes not
amount to
desertion, beliable to
forfeit out of
his wages a
sum not
exceedingtwo days' pay
and in
addition for
every
twenty-four
hours of
absence eithera sum not
exceeding six
days' pay orany expense(1) (2) (3) (4) (5)
properly
incurred in
hiring a
substitute."
59 ( iv) 194( d) "imprisonment
clause ( d) which may
of section 194 extend to three
months, or fine
which may
extend to fivehundred rupees,
or both;"
(iva) 194( e) "imprisonment
clause ( e) which may
of section 194 extend to one
month, andalso for every
twenty-four
hours of suchdisobedience
or neglect,
forfeiture outof his wages
of a sum not
exceeding sixdays' pay or
any expenses,
which mayhave been
properly
incurred inhiring a
substitute."
60 "Penalty which
may extend to
one lakhrupees."
65 "Penalty which
may extend to
two lakh
rupees."
66(a) "Penalty which
may extendto two lakh
rupees."
68 "Penalty which
may extend to
fifty thousandrupees."
72 "Penalty which
may extend to
two lakh rupees."
84 "Penalty which
may extend to(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23
one lakh
rupees for the
first offence
and five lakhrupeesfor every
subsequent
offence."
108B "The master
or owner or
agent shall be
liable topenalty whichmay extend to
five lakh
rupees andthe ship mayalso be
detained."
109 "Penalty which
may extend to
five lakh
rupees."
115D ( ii) "the offender
shall be liable
to penalty whichmay extend tofifty thousand
rupees."
133 "Penalty which
may extend to
one lakh rupees
and the vesselmay also bedetained."
135 "Penalty which
may extend tofifty thousandrupees."
137 "Penalty which
may extend toone lakh rupees
and the vessel
may also bedetained."
137J "Penalty which
may extend toone lakh rupeesand the vessel
may also be
detained.";(1) (2) (3) (4) (5)
(b) after sub-section ( 2), the following
sub-sections shall be inserted, namely:—
"(3) The penalty prescribed for the
contravention of any provision of this Actshall be imposed by the Principal Officer of
the Mercantile Marine Department:
Provided that no penalty under this
section shall be imposed unless the partieshave been given a reasonable opportunity
of being heard.
(4) Whoever aggrieved by an order
of the Principal Officer under sub-section ( 3),
may, within a period of thirty days from the
date of receipt of such order, prefer an appeal
before the Director-General in such form andmanner as the Central Government mayprescribe.
(5) The Director-General may, after
giving the parties an opportunity of beingheard, within a period of thirty days fromthe date of receipt of the appeal undersub-section ( 4), pass appropriate order.
(6) Any contravention of the
provisions of this Act for which penalty hasbeen prescribed may be compounded forthe first contravention by the PrincipalOfficer referred to in sub-section ( 3) or such
other Officer as may be notified by the
Central Government in the Official Gazettein this behalf:
Provided that where any such
contravention has been compounded, the
sum shall not, in any case, exceed themaximum amount of the penalty which maybe imposed for such contravention.
(7) Notwithstanding anything
contained in this Act, if penalty imposed bythe Principal Officer of the MercantileMarine Department under sub-section ( 3)
or order of the Director-General undersub-section ( 5), as the case may be, is not
deposited, the amount shall be recovered
as an arrear of land revenue.".
(B) After section 436, the following
section shall be inserted, namely:—
"436A. Power to make rules.—The
Central Government may, subject to thecondition of previous publication, makerules prescribing the form and manner of
appeal against the order of Principal Officer
of the Mercantile Marine Department undersub-section ( 4) of section 436.".
In section 47, for sub-section ( 2), the
following sub-sections shall be substituted,namely:—(1) (2) (3) (4) (5)
15. 1961 47 The Deposit
Insurance andCredit Guarantee
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25
"(2) If any person fails to produce any book,
account or other document or to furnish any
statement or information which, under theprovisions of this Act, it is his duty to produce orfurnish, he shall be liable to penalty which mayextend to one lakh fifty thousand rupees in respectof each failure, and in the case of a continuing
failure, with an additional penalty which may
extend to seven thousand five hundred rupeesfor every day during which the failure continuesafter the first such failure.
(3) For the purpose of adjudging the penalty
under sub-section ( 2), the Corporation shall serve
notice on the person requiring it to show causewhy the amount specified in the notice shouldnot be imposed and a reasonable opportunity ofbeing heard shall also be given to such person.
(4) Any penalty imposed by the
Corporation under this section shall be payablewithin a period of fourteen days from the date onwhich notice issued by the Corporation
demanding payment of the sum is served on the
person and in the event of failure of the person topay the sum within such period, may be levied onan order or direction made by the principal civilcourt having jurisdiction in the area where theperson is situated:
Provided that no order or direction shall be
made except on an application made to the courtby the Corporation or any officer authorised by itin this behalf.
(5) The court which makes an order or
direction under sub-section ( 4) shall issue a
certificate specifying the sum payable by theperson and every such certificate shall be
enforceable in the same manner as if it were a
decree made by the court in a civil suit.
(6) No complaint shall be filed against any
person in any court of law in respect of any
contravention or default in respect of which any
penalty has been imposed by the Corporationunder sub-section ( 2).
(7) Where any complaint has been filed
against any person in any court in respect of any
contravention or default of the nature referred toin sub-section ( 1), then, no proceedings for the
imposition of any penalty on the person shall beinitiated under sub-section ( 2).".
Section 38 shall be omitted.
Section 41 shall be omitted.(1) (2) (3) (4) (5)
16. 1962 58 The Warehousing
CorporationsAct, 1962
17. 1964 37 The Food
CorporationsAct, 1964Corporation
Act, 1961
(A) In section 120, for the words "he shall
be punishable with fine which may extend to one
lakh rupees", the words "he shall be liable to
penalty which may extend to ten lakh rupees, and
in case of the continuing claim, a further penalty
of one thousand rupees for every day after thefirst during which such claim continues" shall be
substituted.
(B) Section 121 shall be omitted.
(C) In section 122,—
(i) in sub-section ( 1), for the long line,
the following long line shall be substituted,
namely:—
"he shall be liable to penalty
which may extend to one lakh rupees,
and in case of the continuing refusal
or failure, a further penalty of one
thousand rupees for every day afterthe first during which such refusal or
failure continues.";
(ii) in sub-section ( 2), for the words,
"he shall be punishable with imprisonment
which may extend to six months, or withfine, or with both", the words "he shall be
liable to penalty for a sum equal to one half
per cent. of the total sale or turnover, as the
case may be, of business or of the gross
receipts in profession as computed in the
audited accounts of such person, or a sum
equal to five crore rupees, whichever is less"shall be substituted.
(D) In section 123, for the words "he shall
be punishable with fine which may extend to one
lakh rupees in the case of a first offence and five
lakh rupees in case of a second or subsequentoffence", the words "he shall be liable to penalty,
which may extend to five lakh rupees, and in case
of the continuing default, a further penalty of one
thousand rupees for every day after the first
during which such default continues" shall be
substituted.
(E) After section 124, the following sections
shall be inserted, namely:—
"124A. Adjudication of penalties.—
The Controller may, by an order, authorise
an officer referred to in section 73, to be
the adjudicating officer for holding aninquiry and imposing penalty under the
provisions of this Act, in the manner as
may be prescribed, after giving the person(1) (2) (3) (4) (5)
18. 1970 39 The Patents
Act, 1970
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27
concerned a reasonable opportunity of
being heard.
124B. Appeal.—( 1) Whoever aggrieved
by an order of the adjudicating officer undersection 124A may prefer an appeal to theappellate authority, who shall be an officerat least one rank above the adjudicatingofficer, within a period of sixty days fromthe date of receipt of the order, as the CentralGovernment may by notification authorisein this behalf.
(2) Every appeal under this section
shall be preferred in such form and manneras may be prescribed.
(3) An appeal may be admitted after
the expiry of the period of sixty days if theappellant satisfies the appellate authoritythat he had sufficient cause for notpreferring the appeal within that period.
(4) No appeal shall be disposed of
unless the appellant has been given areasonable opportunity of being heard.
(5) The appellate authority referred
to in sub-section ( 1) shall dispose of the
appeal within sixty days from the date offiling the appeal.
(6) Notwithstanding anything
contained in this Act, if the person fails tocomply with the order of the adjudicatingofficer under section 124A or the order ofthe appellate authority under this section,as the case may be, within ninety days ofsuch order, he shall, in addition to thepenalty, be punishable with fine of one lakhrupees or imprisonment for a term whichmay extend to one year, or with both.".
(F) In section 159, in sub-section ( 2),
after clause ( xiii), the following clauses shall
be inserted, namely:—
"(xiiia) the manner of holding inquiry
and imposing penalty under section 124A;
(xiiib ) the form and manner of
preferring appeal under sub-section ( 2) of
section 124B;".(1) (2) (3) (4) (5)
(A) In section 20, in sub-section ( 3), for the
words "be punishable with imprisonment for a termwhich may extend to one year, or with fine, or withboth", the words "be liable to penalty not lessthan ten thousand rupees or not exceeding twicethe value of goods, whichever is higher, in respectof which such order has been made" shall besubstituted.
(B) In section 23, for the words "be
punishable with fine which may extend to fivehundred rupees", the words "be liable to penaltywhich may extend to ten thousand rupees" shallbe substituted.
(C) For sections 24 and 25, the following
sections shall be substituted, namely:—
"24. Penalties for obstructing a
member or officer of Authority in dischargeof his duties and for failure to produce booksand records.— Any person who—
(a) obstructs any member
authorised by the Chairman in writingor any officer or other employee ofthe Authority authorised by it in thisbehalf or any person authorised inthis behalf by the Central Governmentor by the Authority, in the exercise of
any power conferred, or in the
discharge of any duty imposed, onhim by or under this Act, shall bepunishable with imprisonment for aterm which may extend to six months,or with fine which may extend to onethousand rupees, or with both;
(b) having control over or
custody of any account book or otherrecord, fails to produce such book orrecord when required to do so by orunder this Act, shall be liable topenalty which may extend to tenthousand rupees.
25. Other penalties.—Whoever
contravenes or attempts to contravene orabets the contravention of the provisionsof this Act or of any rules made thereunderother than the provisions, punishment orpenalty for the contravention whereof has
been provided for in sections 20, 23 and 24
shall be liable to penalty not less than tenthousand rupees, or not exceeding anamount equivalent to the value of goods,whichever is higher, in respect of whichsuch contravention has been made, and incase of a continuing contravention asaforesaid, a penalty of not less than fiftythousand rupees, or not exceeding an(1) (2) (3) (4) (5)
19. 1972 13 The Marine
Products Export
DevelopmentAuthorityAct, 1972
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29
amount equivalent to twice the value of
goods, whichever is higher, in respect ofwhich such contravention has been made.
25A. Adjudication of penalties.—
(1) For the purposes of adjudging penalties
under sub-section ( 3) of section 20, section
23, clause ( b) of section 24 and section 25,
the Chairman shall appoint the Secretary tothe Authority or any other officer
authorised by the Central Government, as
the case may be, to be an adjudicatingofficer for holding an inquiry and imposingpenalty under the provisions of this Act, inthe manner as may be prescribed, aftergiving the person concerned a reasonableopportunity of being heard.
(2) Whoever is aggrieved by an order
of the adjudicating officer may prefer anappeal to the Chairman, within a period ofsixty days from the date of receipt of suchorder in such form and manner as may beprescribed.
(3) An appeal may be admitted after
the expiry of the period of sixty days if theappellant satisfies the Chairman that he hadsufficient cause for not preferring the appealwithin that period.
(4) No appeal shall be disposed of
unless the appellant has been given areasonable opportunity of being heard.
(5) The appellate authority referred
to in sub-section ( 2) shall dispose of the
appeal within sixty days from the date offiling.
(6) The amount of penalty imposed
under sub-section ( 1), if not paid, shall be
recovered as an arrear of land revenue.".
(D) In section 33, in sub-section ( 2),
after clause ( q), the following clauses shall
be inserted, namely:—
"(qa) the manner of holding
inquiry and imposing penalty undersub-section ( 1) of section 25A;
(qb) the form and manner of
preferring appeal under sub-section ( 2)
of section 25A;".
Repealed.(1) (2) (3) (4) (5)
20. 1978 11 The High
DenominationBanknotes(Demonetisation)Act, 1978
(A) In section 21, for sub-section ( 1), the
following shall be substituted, namely:—
"(1) No person shall establish or
operate any industrial plant in an airpollution control area unless the previousconsent of the State Board has beenobtained in pursuance of an applicationmade by such person in accordance withthe provisions of this section:
Provided that the Central Government
may in consultation with the Central
Pollution Control Board, by notification inthe Official Gazette, exempt certaincategories of industrial plants from theapplication of the provisions of this
sub-section.".
(B) After section 21, the following section
shall be inserted, namely:—
"21A. Power to issue
guidelines.—( 1) Notwithstanding anything
contained in this Act, the CentralGovernment in consultation with the CentralBoard, may, by notification in the OfficialGazette, issue guidelines on the mattersrelating to the grant, refusal or cancellation
of consent by any State Board to establish
or operate any industrial plant in an airpollution control area, including themechanism for time bound disposal of theapplication made under section 21 orvalidity period of such consent.
(2) Every State Board, in discharge of
its functions for the purposes of grant,
refusal or cancellation of consent under
section 21 shall act in accordance with theguidelines issued under sub-section ( 1).".
(C) For sections 37 to 41, the following
sections shall be substituted, namely:—
'37. Failure to comply with provisions
of section 22 or directions issued undersection 31A.—( 1) Whoever contravenes or
does not comply with the provisions ofsection 22 or directions issued under
section 31A, shall, in respect of each such
contravention , be liable to penalty whichshall not be less than ten thousand rupees,but which may extend to fifteen lakh rupees.
(2) Where any person continues
contravention under sub-section ( 1), he
shall be liable to additional penalty of tenthousand rupees for every day during
which such contravention continues.(1) (2) (3) (4) (5)
21. 1981 14 The Air (Prevention
and Control ofPollution) Act, 1981
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31
38. Penalties for certain acts.—( 1)
Whoever—
(a) destroys, pulls down,
removes, injures or defaces any pillar,post or stake fixed in the ground orany notice or other matter put up,inscribed or placed, by or under theauthority of the Board;
(b) obstructs any person acting
under the orders or directions of theBoard from exercising his powers andperforming his functions under thisAct;
(c) damages any works or
property belonging to the Board;
(d) fails to furnish to the Board
or any officer or other employee ofthe Board any information requiredby the Board or such officer or otheremployee for the purposes of thisAct;
(e) fails to intimate the
occurrence of the emission of airpollutants into the atmosphere inexcess of the standards laid down bythe State Board or the apprehensionof such occurrence, to the State Boardand other prescribed authorities oragencies as required undersub-section ( 1) of section 23;
(f) fails in giving any information
which he is required to give under thisAct, makes a statement which is falsein any material particular,
shall be liable to penalty which shall not be
less than ten thousand rupees, but whichmay extend to fifteen lakh rupees.
(2) Where any person continues
contravention under sub-section ( 1), he
shall be liable to additional penalty of tenthousand rupees for every day duringwhich such contravention continues.
38A. Penalty for contravention by
Government Department.—( 1) Where
contravention of any provision of this Acthas been committed by any Department ofthe Central Government or the StateGovernment, the Head of the Departmentshall be liable to penalty equal to one monthof his basic salary:(1) (2) (3) (4) (5)
Provided that he shall not be liable
for such contravention, if he proves thatthe contravention was committed withouthis knowledge or instructions or that heexercised all due diligence to prevent suchcontravention.
(2) Where any contravention under
sub-section ( 1) is attributable to any neglect
on the part of, any officer, other than theHead of the Department, the officer shall beliable to penalty equal to one month of hisbasic salary:
Provided that he shall not be liable
for the contravention, if he proves that heexercised all due diligence to avoid suchcontravention.
39. Penalties for contravention of
certain provisions of this Act.—If anyperson contravenes any of the provisionsof this Act or any order or direction issuedthereunder, for which no penalty has beenprovided for in this Act, shall be liable topenalty which shall not be less than tenthousand rupees, but which may extend tofifteen lakh rupees, and where suchcontravention continues, he shall be liableto additional penalty which may extend toten thousand rupees for every day duringwhich such contravention continues.
39A. Adjudicating officer.—( 1) The
Central Government, for the purposes ofdetermining the penalties under sections 37,38, 38A and section 39, shall appoint anofficer not below the rank of Joint Secretaryto the Government of India or a Secretary tothe State Government to be the adjudicatingofficer, to hold an inquiry and to impose thepenalty in the manner, as may be prescribed:
Provided that the Central Government
may appoint as many adjudicating officersas may be required.
(2) The adjudicating officer may
summon and enforce the attendance of anyperson acquainted with the facts andcircumstances of the case to give evidenceor to produce any document, which in theopinion of the adjudicating officer, may beuseful for or relevant to the subject-matterof the inquiry and if, on such inquiry, he issatisfied that the person concerned hascontravened the provisions of this Act, hemay determine such penalty as he thinks fit(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33
under the provisions of sections 37, 38,
38A or 39, as the case may be:
Provided that no such penalty shall
be imposed without giving the personconcerned a reasonable opportunity ofbeing heard.
(3) The amount of penalty imposed
under the provisions of sections 37, 38, 38Aand 39, shall be in addition to the liability topay relief or compensation under section15 read with section 17 of the National GreenTribunal Act, 2010 (19 of 2010).
39B. Appeal.—( 1) Whoever
aggrieved by the order passed by theadjudicating officer under sections 37, 38,38A or 39, may prefer an appeal to theNational Green Tribunal established undersection 3 of the National Green Tribunal Act,2010 (19 of 2010).
(2) Every appeal under sub-section ( 1)
shall be filed within sixty days from the dateon which the copy of the order made by theadjudicating officer is received by theaggrieved person.
(3) The Tribunal may, after giving the
parties to the appeal an opportunity of beingheard, pass such order as it thinks fit,confirming, modifying or setting aside theorder appealed against.
(4) Where an appeal is preferred
against any order of the adjudicating officerunder sub-section ( 1), it shall not be
entertained by the Tribunal unless theperson has deposited with the Tribunal tenper cent. of the amount of the penaltyimposed by the adjudicating officer.
39C. Penalty amount to be credited to
Environmental Protection Fund.—Where anadjudicating officer imposes penalty oradditional penalty, as the case may be, undersections 37, 38, 38A or 39, the amount ofsuch penalty shall be credited to theEnvironmental Protection Fund establishedunder section 16 of the Environment(Protection) Act, 1986 (29 of 1986).
39D. Offences for failure to comply
with provisions of section 21 and for failureto pay penalty.—( 1) Whoever fails to
comply with the provisions of section 21,shall, in respect of each such failure, bepunishable with imprisonment for a term(1) (2) (3) (4) (5)
which shall not be less than one year and
six months but which may extend to six yearsand with fine, and in case the failurecontinues, with an additional fine which mayextend to fifty thousand rupees for everyday during which such failure continuesafter the conviction for the first such failure.
(2) If the failure referred to in
sub-section ( 1) continues beyond a period
of one year after the date of conviction, theoffender shall be punishable withimprisonment for a term which shall not beless than two years but which may extendto seven years and with fine.
(3) Where any person fails to pay the
penalty or the additional penalty, as the casemay be, imposed under the provisions ofthis Act within ninety days of suchimposition, he shall be punishable withimprisonment for a term which may extendto three years, or with fine which may extendto twice the amount of the penalty oradditional penalty so imposed or with both.
(4) Where any offence under
sub-section ( 1) or sub-section ( 2) or
sub-section ( 3) has been committed by a
company, every person who, at the time theoffence was committed, was directly incharge of, and was responsible to, thecompany for the conduct of the businessof the company, as well as the company,shall be deemed to be guilty of such offenceand he shall be liable to be proceededagainst and punished accordingly:
Provided that nothing contained in
this sub-section shall render any suchperson liable to any punishment providedin sub-section ( 1) or sub-section ( 2) or
sub-section ( 3), if he proves that the offence
was committed without his knowledge orthat he exercised all due diligence to preventthe commission of such offence.
(5) Notwithstanding anything
contained in sub-section ( 4), where an
offence has been committed by a companyand it is proved that the offence has beencommitted with the consent or connivanceof, or is attributable to any neglect on thepart of, any director, manager, secretary orother officer of the company, such director,manager, secretary or other officer shall also(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 35
be deemed to be guilty of that offence and
shall be liable to be proceeded against andpunished accordingly.
Explanation.— For the purposes of
this section,—
(a) "company" includes body
corporate, firm, trust, society and anyother association of individuals;
(b) "director" includes director
of the company, partner of the firm,members of the society or trust ormember of any association ofindividuals, as the case may be.'.
(D) In section 43, in sub-section ( 1), after
clause ( a), the following clause shall be inserted,
namely:—
"(aa) the adjudicating officer or any
officer authorised by him in this behalf; or".
(E) In section 53, in sub-section ( 1), after
clause ( g), the following clause shall be inserted,
namely:—
"(h) the manner of holding inquiry
and imposing penalties by the adjudicatingofficer under sub-section ( 1) of section 39A.".
In section 56, for sub-section ( 2), the
following sub-sections shall be substituted,namely:—
"(2) If any person fails to produce any
book, account or other document, or tofurnish any statement or information which,under the provisions of this Act, it is hisduty to produce or furnish, he shall be liableto penalty which may extend to one lakhfifty thousand rupees in respect of eachfailure and in the case of a continuingfailure, an additional penalty which mayextend to seven thousand five hundredrupees for every day during which the failurecontinues after the first such failure.
(3) For the purpose of adjudging
penalty under sub-section ( 2), the National
Bank shall serve notice on the personrequiring it to show cause why the amountspecified in the notice should not beimposed as a penalty and a reasonableopportunity of being heard shall also begiven to such person.
(4) Any penalty imposed by the
National Bank under this section shall be(1) (2) (3) (4) (5)
22. 1981 61 The National Bank
for Agriculture
and Rural
DevelopmentAct, 1981
payable within a period of fourteen days
from the date on which notice issued bythe National Bank demanding payment ofthe sum is served on the person and, in theevent of failure of the person to pay thesum within such period, may be levied on adirection made by the principal civil courthaving jurisdiction in the area where theperson is situated:
Provided that no such direction shall
be made except on an application made tothe court by the National Bank or by anyofficer authorised by the National Bank inthis behalf.
(5) The court which makes a direction
under sub-section ( 4) shall issue a
certificate specifying the sum payable bythe person and every such certificate shallbe enforceable in the same manner as if itwere a decree made by the court in a civilsuit.
(6) No complaint shall be filed against
any person in any court relating to anycontravention or default in respect of whichany penalty has been imposed by theNational Bank under sub-section ( 2).
(7) Where any complaint has been
filed against any person in any court inrespect of the contravention or default ofthe nature referred to in sub-section ( 1),
then, no proceedings for the imposition ofany penalty on the person shall be initiated
under sub-section ( 2).".
(A) In section 26, for the words
"punishable with fine which may extend tofive hundred rupees", the words "liable topenalty which may extend to fifty thousandrupees and for subsequent failure, penaltywhich may extend to one lakh rupees" shallbe substituted.
(B) In section 27, in the long line, for
the words "punishable with imprisonmentwhich may extend to six months, or withfine which may extend to one thousandrupees, or with both", the words "liable topenalty which may extend to fifty thousandrupees and for subsequent contraventionpenalty which may extend to one lakhrupees" shall be substituted.(1) (2) (3) (4) (5)
23. 1986 10 The Spices
Board Act, 1986
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37
(C) Section 28 shall be omitted.
(D) In section 29, for the words
"punishable with imprisonment for a termwhich may extend to one year, or with finewhich may extend to one thousand rupees,or with both", the words "liable to penaltywhich may extend to fifty thousand rupeesand for subsequent contravention penaltywhich may extend to one lakh rupees" shallbe substituted.
(E) In section 30, for the words
"punishable with imprisonment which mayextend to six months, or with fine which mayextend to one thousand rupees, or with both,and in the case of a continuingcontravention with an additional fine whichmay extend to fifty rupees for every dayduring which such contravention continuesafter conviction for the first suchcontravention", the words "liable to penaltywhich may extend to fifty thousand rupeesand for subsequent contravention penaltywhich may extend to one lakh rupees" shallbe substituted.
(F) After section 30, the following
section shall be inserted, namely:—
"30A. Adjudication of penalties.—( 1)
For the purposes of adjudging the penaltiesunder sections 26, 27, 29 and 30, theSecretary to the Board shall appoint anofficer not below the rank of Director in theBoard or any other officer authorised bythe Central Government, as the case maybe, to be an adjudicating officer for holdingan inquiry and imposing penalty in themanner as may be prescribed, after givingany person concerned a reasonableopportunity of being heard.
(2) Whoever is aggrieved by any
order of the adjudicating officer may preferan appeal to the Secretary to the Board,within a period of sixty days from the dateof receipt of such order in such form andmanner as may be prescribed.
(3) An appeal may be admitted after
the expiry of the period of sixty days if theappellant satisfies the Secretary to theBoard that he had sufficient cause for notpreferring the appeal within that period.(1) (2) (3) (4) (5)
(4) No appeal shall be disposed of
unless the appellant has been given areasonable opportunity of being heard.
(5) An appeal under sub-section ( 2)
shall be disposed of within sixty days fromthe date of filing.
(6) The amount of penalty imposed
under sub-section ( 1), if not paid, shall be
recovered as an arrear of land revenue.".
(G) In section 38, in sub-section ( 2),
after clause ( m), the following clauses shall
be inserted, namely:—
"(ma) the manner of holding inquiry
and imposing penalty under sub-section ( 1)
of section 30A;
(mb) the form and manner of preferring
appeal under sub-section ( 2) of section
30A;".
(A) In section 2, after clause ( c), the
following clause shall be inserted,namely:—
'(ca) "Fund" means the
Environmental Protection Fund establishedunder section 16;'.
(B) In section 10, for sub-sections ( 2)
to (4), the following sub-sections shall be
substituted, namely:—
"(2) Every person carrying on any
industry, operation or process of handlingany hazardous substance shall renderassistance, as may be required, to the personempowered by the Central Governmentunder sub-section ( 1) for carrying out the
functions under that sub-section and if hefails to do so without any reasonable cause,he shall be liable to penalty provided undersection 14B.
(3) If any person willfully delays or
obstructs any person empowered by theCentral Government under sub-section ( 1)
in the performance of his functions undersub-sections ( 1) or ( 2), he shall be liable to
penalty provided under section 14B.
(4) The provisions of the Code of
Criminal Procedure, 1973 (2 of 1974), shall,so far as may be, apply to any search orseizures under this section as they apply to(1) (2) (3) (4) (5)
24. 1986 29 The Environment
(Protection)Act, 1986
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 39
any search or seizures made under the
authority of a warrant issued under section94 of that Code.".
(C) After section 14, the following
sections shall be inserted, namely:—
"14A. Penalty for contravention of
section 7 or section 8.—( 1) If any person,
contravenes provisions of section 7 orsection 8 or the rules made thereunder, heshall be liable to penalty in respect of eachsuch contravention, which shall not be lessthan one lakh rupees but which may extendto fifteen lakh rupees.
(2) Where any person continues
contravention under sub-section ( 1), he
shall be liable to additional penalty of fiftythousand rupees for every day duringwhich such contravention continues.
14B. Penalty for contravention of
sections 9, 10 and 11.—( 1) If any person
contravenes or does not comply with theprovisions of section 9, section 10 orsection 11 or orders or directions issuedunder those sections, he shall be liable topenalty in respect of each suchcontravention which shall not be less thanten thousand rupees but which may extendto five lakh rupees.
(2) Where any person continues
contravention under sub-section ( 1), he
shall be liable to additional penalty of tenthousand rupees for every day duringwhich such contravention continues.".
(D) For sections 15 to 17, the following
shall be substituted, namely:—
'15. Penalty for contravention of
provisions of Act, rules, orders anddirections.—( 1) Where any person
contravenes or does not comply with anyof the provisions of this Act or the rulesmade or orders or directions issuedthereunder for which no penalty is provided,he shall be liable to penalty in respect ofeach such contravention which shall notbe less than ten thousand rupees but whichmay extend to fifteen lakh rupees.
(2) Where any person continues
contravention under sub-section ( 1), he
shall be liable to additional penalty of(1) (2) (3) (4) (5)
ten thousand rupees for every day during
which such contravention continues.
15A. Penalty for contravention by
companies.—( 1) Where any company
contravenes any of the provisions of thisAct, the company shall be liable to penaltyfor each such contravention which shall notbe less than one lakh rupees but which mayextend to fifteen lakh rupees.
(2) Where any company continues
contravention under sub-section ( 1), the
company shall be liable to additional penaltyof one lakh rupees for every day duringwhich such contravention continues.
15B. Penalty for contravention by
Government Department.—( 1) Where
contravention of any of the provision ofthis Act has been committed by anyDepartment of the Central Government orthe State Government, the Head of theDepartment shall be liable to penalty equalto one month of his basic salary:
Provided that he shall not be liable
for such contravention, if he proves thatthe contravention was committed withouthis knowledge or instructions or that heexercised all due diligence to prevent suchcontravention.
(2) Where any contravention under
sub-section ( 1) is attributable to any neglect
on the part of, any officer, other than theHead of the Department, the officer shall beliable to penalty equal to one month of hisbasic salary:
Provided that he shall not be liable
for the contravention, if he proves that heexercised all due diligence to avoid suchcontravention.
15C. Adjudicating officer.—( 1) The
Central Government, for the purposes ofdetermining the penalties under this Act,may appoint an officer not below the rankof Joint Secretary to the Government ofIndia or a Secretary to the State Governmentto be the adjudicating officer, to hold aninquiry and to impose penalty in the manner,as may be prescribed:
Provided that the Central Government
may appoint as many adjudicating officersas may be required.(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 41
(2) The adjudicating officer may—
(a) call upon any person alleged to
have contravened or not complied with theprovisions of this Act and the rules madethereunder or having the knowledge of thefacts and circumstances of the case;
(b) require such person to produce
any record, register or other document inhis possession or any other document,which in the opinion of the adjudicatingofficer may be relevant to the subject-matter.
(3) The adjudicating officer shall, after
giving the person a reasonable opportunityof being heard in the matter, and if, on suchinquiry, he is satisfied that the personconcerned has contravened or has notcomplied with the provisions of this Act orthe rules made thereunder, he may imposesuch penalty as he thinks fit in accordancewith the provisions of sections 14A, 14B,15, 15A or section 15B, as the case may be.
(4) The adjudicating officer, while
adjudicating the quantum of penalty undersub-section ( 3), shall have due regard to
the following, namely:—
(a) the population and the area
impacted or affected due to suchcontravention or non-compliance;
(b) the frequency and duration
of such contravention ornon-compliance;
(c) the vulnerability of the class
of persons likely to be adverselyaffected by such contravention ornon-compliance;
(d) the damage caused or likely
to be caused to any person, as a resultof such contravention ornon-compliance, if any;
(e) the undue gain derived out
of such contravention ornon-compliance; and
(f) such other factor, as may be
prescribed.
(5) The amount of penalty imposed
under the provisions of sections 14A, 14B,15, 15A or 15B, as the case may be, shall be(1) (2) (3) (4) (5)
in addition to the liability to pay relief or
compensation under section 15 read withsection 17 of the National Green TribunalAct, 2010 (19 of 2010).
15D. Appeal.—( 1) Whoever
aggrieved by the order, passed by theadjudicating officer under this Act mayprefer an appeal to the National GreenTribunal established under section 3 of theNational Green Tribunal Act, 2010(19 of 2010).
(2) Every appeal under
sub-section ( 1) shall be filed within sixty
days from the date on which the copy ofthe order made by the adjudicating officeris received by the aggrieved person.
(3) The Tribunal may, after giving
the parties to the appeal an opportunity ofbeing heard, pass such order as it thinks fit,confirming, modifying or setting aside theorder appealed against.
(4) Where an appeal is preferred
against any order of the adjudicating officerunder sub-section ( 1), such appeal shall not
be entertained by the Tribunal unless suchperson has deposited with the Tribunal tenper cent. of the amount of the penaltyimposed by the adjudicating officer.
15E. Penalty amount to be credited to
Environmental Protection Fund.—Whereany penalty or additional penalty, as thecase may be, is imposed undersections 14A, 14B, 15, 15A or section 15B,the amount of the penalty shall be creditedto the Environmental Protection Fundestablished under section 16.
15F. Offence for failure to pay penalty
or additional penalty.—( 1) Where any
person fails to pay the penalty or additionalpenalty, as the case may be, under sections14A, 14B, 15, 15A or section 15B withinninety days of such imposition, he shall beliable for imprisonment which may extendto three years or with fine which may extendto twice the amount of the penalty or withboth.
(2) Where any offence under
sub-section ( 1) has been committed by a
company, every person who, at the time the(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 43
offence was committed, was directly in
charge of, and was responsible to, thecompany for the conduct of the businessof the company, as well as the company,shall be deemed to be guilty of offence andhe shall be liable to be proceeded againstand punished accordingly:
Provided that nothing contained in
this sub-section shall render any personliable to any punishment provided insub-section ( 1), if he proves that the offence
was committed without his knowledge orthat he exercised all due diligence to preventthe commission of such offence.
(3) Notwithstanding anything
contained in sub-section ( 2), where an
offence has been committed by a companyand it is proved that the offence has beencommitted with the consent or connivanceof, or is attributable to any neglect on thepart of, any director, manager, secretary orother officer of the company, such director,manager, secretary or other officer shall alsobe deemed to be guilty of that offence andshall be liable to be proceeded against andpunished accordingly.
Explanation .—For the purposes of
this section,—
(a) "company" includes body
corporate, firm, trust, society and anyother association of individuals;
(b) "director" includes director
of the company, partner of the firm,members of the society or trust ormember of any association ofindividuals, as the case may be.'.
(E) After Chapter III, the following
Chapter shall be inserted, namely:—
"CHAPTER IIIA
F
UND, ACCOUNTS AND AUDIT
16. Environmental Protection Fund.—
(1) The Central Government may, by
notification in the Official Gazette, establisha fund to be known as the EnvironmentalProtection Fund.
(2) There shall be credited to the
Fund—(1) (2) (3) (4) (5)
(a) the amount of penalty
imposed under the Air (Preventionand Control of Pollution) Act, 1981(14 of 1981), and under this Act;
(b) the interest or other income
received out of investments madefrom the Fund; and
(c) any other amount from such
sources, as may be prescribed.
(3) The Fund shall be applied for—
(a) the promotion of awareness,
education and research for theprotection of environment;
(b) the expenses for achieving
the objects and for purposes of theAir (Prevention and Control ofPollution) Act, 1981(14 of 1981) andunder this Act;
(c) such other purposes, as may
be prescribed.
(4) The Central Government shall
notify the administrator for theadministration of the Fund and other mattersconnected therewith and incidental theretoin such manner, as may be prescribed.
(5) The Central Government shall
allocate seventy-five per cent. of the amountof penalties to the State Governments orUnion territory administrations, which hasbeen credited to the Fund.
16A. Accounts and audit of Fund.—
(1) The Central Government shall maintain
separate accounts and other relevantrecords in relation to the EnvironmentalProtection Fund and prepare an annualstatement of accounts in such form, as maybe prescribed, in consultation with theComptroller and Auditor-General of India.
(2) The accounts of the Fund shall be
audited by the Comptroller and Auditor-General of India at such intervals as may bespecified by him and such audited accountstogether with the audit report thereon shallbe forwarded annually to the CentralGovernment.
16B. Annual report.—The Central
Government shall prepare its annual reportin relation to Environmental Protection Fund(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 45
(1) (2) (3) (4) (5)
giving a full account of its activities defined
under this Act in such form, as may beprescribed, for each financial year duringthe previous financial year, and shall be laidbefore each House of Parliament along withaudit report given by the Comptroller andAuditor-General of India.".
(F) In section 19, after clause ( a), the
following clause shall be inserted,namely:—
"(aa) adjudicating officer or any
officer authorised by him in this behalf;".
(G) For section 24, the following
section shall be substituted, namely:—
"24. Effect of other laws.—The
provisions of this Act and the rules or ordersmade thereunder shall have effectnotwithstanding anything inconsistenttherewith contained in any other law for thetime being in force.".
(H) In section 25, in sub-section ( 2),
after clause ( g), the following clauses shall
be inserted, namely:—
"(ga) the manner of holding inquiry
and imposing penalty by the adjudicatingofficer under sub-section ( 1) and other
factors for determining quantum of penaltyunder clause ( f) of sub-section ( 4) of
section 15C;
(gb) the other amount under clause ( c)
of sub-section ( 2) of section 16;
(gc) the other purposes under
clause ( c) of sub-section ( 3) of section 16;
(gd) the manner of administration of
Fund under sub-section ( 4) of section 16;
(ge) form for maintenance of accounts
of the Fund and for preparation of annualstatement of accounts undersub-section ( 1) of section 16A;
(gf) form for preparing annual report
of the Fund under section 16B;".
(A) After section 33B, the following
section shall be inserted, namely:—
"33C. Power to take action against
auditors.—Where any auditor fails tocomply with any direction given or ordermade by the National Housing Bank or the25. 1987 53 The National
Housing BankAct, 1987
(1) (2) (3) (4) (5)
Reserve Bank under section 33, the Reserve
Bank may, after giving a reasonableopportunity of being heard, remove or debarthe auditor from exercising the duties asauditor of any of the Reserve Bank regulatedentities for a maximum period of three years,at a time.".
(B) In section 49,—
(i) sub-sections ( 2) and ( 2B)
shall be omitted;
(ii) in sub-section ( 3), clause
(aa) shall be omitted;
(iii) sub-section ( 4) shall be
omitted.
(C) In section 52A,—
(I) in the marginal heading, for the
word "fine", the word "penalty" shall besubstituted;
(II) in sub-section ( 1),—
(i) in clause ( a), for the words
"five thousand", the words "twenty-five thousand" shall be substituted;
(ii) in clause ( b),—
(a) the words, brackets
and letters "or clause ( aa)"
shall be omitted;
(b) for the words "five
lakh", the words "ten lakh"shall be substituted;
(c) for the words
"twenty-five thousand", thewords "one lakh" shall besubstituted;
(III) after sub-section ( 1), the
following sub-sections shall be inserted,namely:—
"(1A) If any person or housing
finance institution which is a companyfails to produce any book, account orother document, or to furnish anystatement or information, which,under the provisions of this Act, isthe duty of such person or housingfinance institution to produce orfurnish, the National Housing Bankor the Reserve Bank, as the case may
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 47
(1) (2) (3) (4) (5)
be, may impose on such person or
housing finance institution, a penaltynot exceeding one lakh fifty thousandrupees in respect of eachcontravention or default and wheresuch contravention or default is acontinuing one, further penalty whichmay extend to seven thousand fivehundred rupees for every day, afterthe first, during which thecontravention or default continues.
(1B) If any auditor fails to
comply with any direction given ororder made by the National HousingBank or the Reserve Bank undersection 33, the National Housing Bankor the Reserve Bank, as the case maybe, may impose on such person apenalty not exceeding ten lakh rupees.
(1C) If any person (other than
an auditor) or housing financeinstitution which is a company failsto comply with any direction given ororder made by the National Housing
Bank or the Reserve Bank under any
of the provisions of Chapter V, theNational Housing Bank or theReserve Bank, as the case may be,may impose on such person orhousing finance institution, a penaltynot exceeding ten lakh rupees or twicethe amount involved in suchcontravention or default, where theamount is quantifiable, whichever ismore; and where such contraventionor default is a continuing one, furtherpenalty which may extend to one lakhrupees for every day, after the first,during which the contravention ordefault continues.
(1D) If any other provision of
this Act is contravened or if anydefault is made in complying with anyother requirement of this Act, or ofany order, regulation or direction madeor given or condition imposedthereunder, the National HousingBank or the Reserve Bank, as the casemay be, may impose on any personor housing finance institution whichis a company, guilty of suchcontravention or default, a penalty
(1) (2) (3) (4) (5)
not exceeding one lakh rupees in
respect of each contravention ordefault and where such contraventionor default is a continuing one, furtherpenalty which may extend to tenthousand rupees for every day, afterthe first, during which thecontravention or default continues.";
(IV) in sub-section ( 2),—
(i) for the word, brackets and
figure "sub-section ( 1)", the words
"this section" shall be substituted;
(ii) for the words "housing
finance institution" at both the placeswhere they occur, the words "personor housing finance institution" shallbe substituted;
(V) in sub-section ( 3),—
(i) for the words "served on the
housing finance institution", thewords "served on the person orhousing finance institution" shall besubstituted;
(ii) for the words "failure of
such housing finance institution", thewords "failure of such person orhousing finance institution" shall besubstituted;
(iii) for the words "the area
where the registered office", thewords "the area where such personordinarily resides or, as the case maybe, the registered office" shall besubstituted;
(VI) in sub-section ( 4), after the words
"payable by the", the words "person or"shall be inserted.
(A) In section 192A, in sub-
section ( 1),—
(i) for the words "and a fine of
ten thousand rupees", the words "afine of ten thousand rupees, or withboth" shall be substituted;
(ii) the proviso shall be omitted.
(B) In section 200, for sub-section ( 1),
the following sub-section shall besubstituted, namely:—26. 1988 59 The Motor
Vehicles Act,1988
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 49
(1) (2) (3) (4) (5)
"(1) Any offence whether committed
before or after the commencement of thisAct punishable under section 177, section177A, section 178, section 179, section 180,section 181, section 182, sub-section ( 1) or
sub-section ( 3) or sub-section ( 4) of section
182A, section 182B, sub-section ( 1) or
sub-section ( 2) of section 183, clause ( c) of
the Explanation to section 184, section 186,
section 189, sub-section ( 2) of section 190,
section 192, section 192A, sub-section ( 3)
of section 192B, section 194, section 194A,section 194B, section 194C, section 194D,section 194E, section 194F, section 196,section 198 and section 201, may, eitherbefore or after the institution of theprosecution, be compounded by suchofficers or authorities and for such amountas the State Government may, bynotification in the Official Gazette, specifyin this behalf.".
(C) In section 215, in sub-section ( 3),
the following proviso shall be inserted,namely:—
"Provided that where a State
Government has not constituted the DistrictRoad Safety Committee, the CentralGovernment may, by notification in theOfficial Gazette, constitute a Committee forsuch District, consisting of a Chairman andsuch other members as it considersnecessary and on such terms andconditions as it may determine.".
In section 144, for sub-section ( 2), the
following sub-section shall be substituted,namely:—
"(2) No person shall be permitted to
beg in any railway carriage or upon any partof the railway.".
(A) In section 2,—
(i) clause ( ha) shall be
numbered as clause ( hb) thereof and
before clause ( ha) as so renumbered,
the following clause shall be inserted,namely:—
'(ha) "property" includes any
private property or public propertyaffected or damaged by any unit orundertaking, due to manufacture,processing, treatment, package,27. 1989 24 The Railways
Act, 1989
28. 1991 6 The Public
Liability
Insurance Act,
storage, transportation, use,
collection, destruction, conversion,transfer or such other processes ofhazardous substance;';
(ii) after clause ( j), the following
clause shall be inserted, namely:—
"(k) words and expressions used and
not defined in this Act but defined in theTransfer of Property Act, 1882 (4 of 1882),and the Environment (Protection) Act,1986(29 of 1986), shall have the meaningsrespectively assigned to them in thoseActs.".
(B) In section 3, for sub-section ( 1),
the following sub-section shall besubstituted, namely:—
"(1) Where death or injury to any
person (other than a workman) or damageto any property has resulted from anaccident, the owner shall be liable toreimburse such amount, or provide suchother relief as may be prescribed, for—
(a) death due to fatal accident;
(b) medical expenses incurred
due to total or partial disability;
(c) loss of wages due to partial
disability;
(d) other injury or sickness;
(e) damage to private property;
or
(f) such other loss or damage,
as may be prescribed.".
(C) In section 4,—
(a) for sub-section ( 1), the following
shall be substituted, namely:—
"(1) Every owner of any undertaking
shall take out, before he starts handling anyhazardous substance, one or moreinsurance policies for such undertaking orunit providing for contracts of insurancewhereby he is insured against liability togive such relief or reimburse such amountreferred to in sub-section ( 1) of section 3.
Explanation .—For the purposes of
this sub-section, it is hereby clarified thatany undertaking having separate consentto operate under—
(i) the Water (Prevention and Control
of Pollution) Act, 1974 (6 of 1974); and
(ii) the Air (Prevention and Control
of Pollution) Act, 1981 (14 of 1981),(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 51
(1) (2) (3) (4) (5)
shall be treated as a separate unit:
Provided that any owner
handling any hazardous substanceimmediately before thecommencement of the Jan Vishwas
(Amendment of Provisions) Act, 2023shall take out such insurance policyor policies as soon as may be and inany case within a period of one yearfrom commencement of that Act.";
(b) for sub-section ( 2A), the following
shall be substituted, namely:—
'(2A) An insurance policy taken
out or renewed by an owner for anyundertaking or unit shall be for anamount which shall not be less thanthe amount of the paid-up capital ofthat undertaking or unit handling anyhazardous substance owned orcontrolled by that owner and mayextend to such amount as may beprescribed but not exceeding fivehundred crore rupees.
Explanation .—For the purposes
of this sub-section "paid-up capital",in relation to an owner not being acompany, means the market value ofall assets and stocks of theundertaking on the date of contractof insurance.'.
(D) In section 6, after sub-section ( 1), the
following sub-section shall be inserted, namely:—
"(1A) Where any damage has been
caused to any public property or privateproperty due to manufacture, processing,treatment, package, storage, transportation,use, collection, destruction, conversion,transfer or such other processes, of suchhazardous substance, an application forclaim for restoration of the property may bemade by the owner of the property or suchother person, as may be prescribed, to theCollector.".
(E) In section 7, after sub-section ( 8), the
following sub-section shall be inserted, namely:—
"(9) Where the environment is
affected or damaged due to manufacture,processing, treatment, package, storage,transportation, use, collection, destruction,conversion, transfer or such otherprocesses, of such hazardous substance,the Central Government may, on an
(1) (2) (3) (4) (5)
application made by the Central Pollution
Control Board or the State Pollution ControlBoard, as the case may be, allocate the fundfrom the Environmental Relief Fund forrestoration of the damage so caused in themanner as may be prescribed.".
(F) In section 7A, after sub-section ( 1), the
following sub-section shall be inserted, namely:—
"(1A) There shall be credited
to the Relief Fund established undersub-section ( 1)—
(a) the amount referred to in
sub-section ( 2C) of section 4;
(b) the amount of penalty
imposed under this Act;
(c) the interest or other income
received out of investments madefrom the Fund; and
(d) any other amount from such
sources, as may be prescribed.".
(G) For sections 14 and 15, the following
sections shall be substituted, namely:—
"14. Penalty for contravention.— ( 1)
Where any person contravenes any of theprovisions of sub-section ( 1), sub-section
(2), sub-section ( 2A) or sub-section ( 2C) of
section 4, he shall be liable to penalty equalto the amount of annual premium forinsurance policy and may extend to twicethe amount of such premium.
(2) Where contravention under sub-
section ( 1) continues, an additional penalty
may be imposed by the adjudicating officer,which shall not exceed the amount ofpremium to be paid, for each month or partthereof during which the contraventioncontinues.
15. Penalty for non-compliance of
directions.—( 1) Where any person does
not comply with any direction issued under
section 12, he shall be liable to penalty which
shall not be less than ten thousand rupees
which may extend to fifteen lakh rupees.
(2) Where any person continues
non-compliance under sub-section ( 1), he
shall be liable to additional penalty to
be imposed by the adjudicating officer,
which shall not be less than ten thousand
rupees for every day during which suchnon-compliance continues.
(3) Where any owner does not
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 53
(1) (2) (3) (4) (5)
comply with the direction issued under
section 9 or obstructs any person in
discharge of his functions under section 10
or under sub-sections ( 1), (2) or ( 3) of
section 11, he shall be liable to penaltywhich shall not be less than ten thousand
rupees but which may extend to fifteen lakh
rupees.
(4) Where any person continues
non-compliance under sub-section ( 3), he
shall be liable to additional penalty of ten
thousand rupees for every day during
which such non-compliance continues.
15A. Adjudicating officer.— ( 1) The
Central Government, for the purposes of
determining the penalties under sections 14
or 15, may appoint the District Magistrate
having jurisdiction over the area or an
officer not below the rank of Director to the
Government of India or an officer not below
the rank of Joint Secretary to the StateGovernment, to be the adjudicating officer,
to hold an inquiry and impose penalty inthe manner, as may be prescribed:
Provided that the Central Government
may appoint as many adjudicating officersas may be required.
(2) The adjudicating officer may
summon and enforce the attendance of any
person acquainted with the facts and
circumstances of the case to give evidenceor to produce any document, which in the
opinion of the adjudicating officer, may be
useful for, or relevant to, the subject-matter of the inquiry and if, on such inquiry,
he is satisfied that the person concerned
has failed to comply with the provisions ofsub-section ( 1), sub-section ( 2),
sub-section ( 2A) or sub-section ( 2C) of
section 4 and section 12, he may determinesuch penalty as he thinks fit under the
provisions of sections 14 and 15:
Provided that no such penalty shall
be imposed without giving the person
concerned a reasonable opportunity ofbeing heard.
15B. Appeal.—( 1) Whoever aggrieved
by the order, passed by the adjudicating
officer under section 15A, may prefer an
appeal to the National Green Tribunalestablished under section 3 of the National
(1) (2) (3) (4) (5)
Green Tribunal Act, 2010
(19 of 2010).
(2) Every appeal under
sub-section ( 1) shall be filed within sixty
days from the date on which the copy of
the order made by the adjudicating officeris received by the aggrieved person.
(3) The Tribunal may, after giving the
parties to the appeal an opportunity of being
heard, pass such order as it thinks fit,
confirming, modifying or setting aside theorder appealed against.
(4) Where an appeal is preferred
against any order of the adjudicating officer
under sub-section ( 1), such appeal shall not
be entertained by the Tribunal unless suchperson has deposited with the Tribunal ten
per cent. of the amount of the penalty
imposed by the adjudicating officer.".
(H) Section 16 shall be omitted.
(I) For section 17, the following sections
shall be substituted, namely:—
'17. Penalty for contravention by
Government Department.—( 1) Where
contravention of any provision of this Acthas been committed by any Department ofthe Central Government or StateGovernment, the Head of the Departmentshall be liable to penalty equal to one monthof his basic salary:
Provided that he shall not be liable
for such contravention, if he proves thatthe contravention was committed withouthis knowledge or instructions or that heexercised all due diligence to prevent suchcontravention.
(2) Where any contravention under
sub-section ( 1) is attributable to any neglect
on the part of, any officer, other than theHead of the Department, he shall be liableto penalty equal to one month of his basicsalary:
Provided that he shall not be liable
for the contravention, if he proves that heexercised all due diligence to avoid suchcontravention.
17A. Penalty amount to be credited
to Environmental Relief Fund.—Where anypenalty or additional penalty, as the casemay be, is imposed under section 14 or
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 55
(1) (2) (3) (4) (5)
section 15 or section 17, the amount of such
penalty shall be credited to theEnvironmental Relief Fund establishedunder section 7A.
17B. Offence for failure to pay penalty
or additional penalty.—( 1) Where any
person fails to pay the penalty or additionalpenalty imposed for—
(a) contravention or continued
contravention under section 14 or 17,as the case may be; or
(b) non-compliance of the
directions issued under section 15,
within ninety days of such imposition, he
shall be liable for imprisonment which mayextend to three years or with fine which mayextend up to fifteen lakh rupees, or withboth.
(2) Where any offence under sub-
section ( 1) has been committed by a
company, every person who, at the time theoffence was committed, was directly incharge of, and was responsible to, thecompany for the conduct of the businessof the company, as well as the company,shall be deemed to be guilty of such offenceand shall be liable to be proceeded againstand punished accordingly:
Provided that nothing contained in
this sub-section shall render any suchperson liable to any punishment providedin this Act, if he proves that the offencewas committed without his knowledge or
that he exercised all due diligence to prevent
the commission of such offence.
(3) Notwithstanding anything
contained in sub-section ( 2), where an
offence under this Act has been committedby a company and it is proved that theoffence has been committed with theconsent or connivance of, or is attributable
to any neglect on the part of, any director,
manager, secretary or other officer of thecompany, such director, manager, secretaryor other officer shall also be deemed to beguilty of that offence and shall be liable tobe proceeded against and punished
accordingly.
Explanation.— For the purposes of
this section,—
(a) "company" means any body
(1) (2) (3) (4) (5)
corporate and includes a firm or other
association of individuals;
(b) "director" includes director
of the company and in relation to a
firm, a partner in the firm.'.
(J) In section 23, in sub-section ( 2),—
(i) for clause ( a), the following clause
shall be substituted, namely:—
"(a) such amount under sub-
section ( 2A) of section 4;";
(ii) after clause ( e), the following
clauses shall be substituted, namely:—
"(ea) amount or relief and any
other loss or damage under sub-section ( 1) of section 3;
(eb) such other person under
sub-section ( 1A) of section 6;
(ec) manner of allocation of
fund for restoration of damage undersub-section ( 9) of section 7;
(ed) any other amount from
other sources under clause (d) of sub-section ( 1A) of section 7A;
(ee) manner of holding inquiry
and imposing penalty under sub-section ( 1) of section 15A;".
(K) The Schedule shall be omitted.
(A) For CHAPTER IV , the following
CHAPTER shall be substituted, namely:—
"CHAPTER IV
P
ENALTIES
16. Penalty for contravention of
provisions of this Act.—( 1) Whoever
contravenes any of the provisions of thisAct shall be liable,—
(a) for the first contravention
with advisory, or censure, or warning,or a penalty which may extend totwenty thousand rupees, or withboth;
(b) for every subsequent
contravention within a period of threeyears, with advisory, or censure, orwarning, or a penalty which mayextend to one lakh rupees, or withboth,
by such designated officer, as may be
prescribed.29. 1995 7 The Cable
TelevisionNetworks(Regulation)Act, 1995
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 57
(1) (2) (3) (4) (5)
(2) The designated officer, may, for
the reasons to be recorded in writing, byorder, impose penalty referred to in sub-section ( 1):
Provided that in cases of more than
three contraventions over a period of threeyears, the designated officer, in addition topenalty referred to in sub-section ( 1), may,
for the reasons to be recorded in writing, byorder, suspend or revoke the registrationgranted:
Provided further that no order by the
designated officer under this sub-sectionshall be made without giving a reasonableopportunity of being heard.
(3) Whoever aggrieved by the order
made under sub-section ( 2), may prefer an
appeal to the Secretary to the Governmentof India or such other officer authorised byhim:
Provided that no such appeal shall
be admissible after the expiry of thirty daysfrom the date of receipt of such order:
Provided further that an appeal may
be entertained after the expiry of the periodof thirty days, if he is satisfied that theappellant was prevented by sufficient causefrom preferring the appeal in time.".
(B) In section 22, in sub-section ( 2), after
clause ( da), the following clause shall be inserted,
namely:—
"(db) the designated officer under
sub-section ( 1) of section 16;".
(A) Section 106 shall be omitted.
(B) In section 107, in sub-section ( 2), for
the words "punishable with imprisonment for aterm which may extend to three years, or with fine,or with both", the words "liable to penalty of asum equal to one half per cent. of the total sales orturnover, as the case may be, in business or of thegross receipts in profession, as computed in theaudited accounts of such person, or a sum equalto five lakh rupees, whichever is less" shall besubstituted.
(C) Sections 108 and 109 shall be omitted.
(D) After section 112, the following section
shall be inserted, namely:—
"112A. Adjudication of penalties.—
The Registrar may, by an order, authorisean officer referred to in section 3, to beadjudicating officer for holding an inquiry30. 1999 47 The Trade Marks
Act, 1999
(1) (2) (3) (4) (5)
and imposing penalty under the provisions
of this Act, in the manner as may beprescribed, after giving a reasonableopportunity of being heard.
112B. Appeal.—( 1) Whoever
aggrieved by an order of the adjudicatingofficer under section 112A may prefer anappeal to the appellate authority, who shallbe an officer at least one rank above theadjudicating officer, within a period of sixtydays from the date of receipt of the order, asthe Central Government may by notificationauthorise in this behalf.
(2) Every appeal under this section
shall be preferred in such form and manneras may be prescribed.
(3) An appeal may be admitted after
the expiry of the period of sixty days if theappellant satisfies the appellate authoritythat he had sufficient cause for notpreferring the appeal within that period.
(4) No appeal shall be disposed of
unless the appellant has been given areasonable opportunity of being heard.
(5) The appellate authority referred
to in sub-section ( 1) shall dispose of the
appeal within sixty days from the date offiling.
(6) Notwithstanding anything
contained in this Act, if the person fails tocomply with the order of the adjudicatingofficer under section 112A or the order ofthe appellate authority under this section,as the case may be, within ninety days ofsuch order, he shall, in addition to thepenalty, be punishable with fine of one lakhrupees or imprisonment for a term whichmay extend to one year, or with both.".
(E) In section 140, for sub-section ( 3), the
following sub-section shall be substituted,namely:—
"(3) The importer or his agent shall,
within fourteen days, comply with therequirement as aforesaid, and if he fails todo so, he shall be liable to penalty of tenthousand rupees:
Provided that the penalty under this
section shall be levied and recovered bysuch authority under the Customs Act, 1962(52 of 1962) for this purpose.".
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 59
(1) (2) (3) (4) (5)
(F) In section 157, in sub-section ( 2), after
clause ( xxxiii ), the following clauses shall be
inserted, namely:—
"(xxxiiia ) the manner of holding
inquiry and imposing penalty under section112A;
(xxxiiib ) the form and manner of
preferring appeal under sub-section ( 2) of
section 112B; ".
(A) After section 37, the following sections
shall be inserted, namely:—
"37A. Adjudication of penalties.—
The Registrar may, by an order, authorisean officer referred to in section 3, to beadjudicating officer for holding an inquiryand imposing penalty under the provisionsof this Act, in the manner as may beprescribed, after giving a reasonableopportunity of being heard.
37B. Appeal.—( 1) Whoever
aggrieved by an order of the adjudicatingofficer under section 37A may prefer anappeal to the appellate authority, who shallbe an officer at least one rank above theadjudicating officer, within a period of sixtydays from the date of receipt of the order, asthe Central Government may by notificationauthorise in this behalf.
(2) Every appeal under this section
shall be preferred in such form and manneras may be prescribed.
(3) An appeal may be admitted after
the expiry of the period of sixty days if theappellant satisfies the appellate authoritythat he had sufficient cause for notpreferring the appeal within that period.
(4) No appeal shall be disposed of
unless the appellant has been given areasonable opportunity of being heard.
(5) The appellate authority referred to
in sub-section ( 1) shall dispose of the
appeal within sixty days from the date offiling.
(6) Notwithstanding anything
contained in this Act, if the person fails tocomply with the order of the adjudicatingofficer under section 37A or the order of theappellate authority under this section, asthe case may be, within ninety days of such31. 1999 48 The Geographical
Indications ofGoods(Registration andProtection)Act, 1999
(1) (2) (3) (4) (5)
order, he shall, in addition to the penalty, be
punishable with fine of one lakh rupees orimprisonment for a term which may extend
to one year, or with both.".
(B) In section 42, in sub-section ( 2), for the
words "punishable with imprisonment for a term
which may extend to three years, or with fine, orwith both", the words "liable to penalty of a sumequal to one-half per cent. of the total sales orturnover, as the case may be, in business or of thegross receipts in profession as computed in theaudited accounts of such person, or a sum equalto five lakh rupees, whichever is less" shall be
substituted.
(C) Sections 43 and 44 shall be omitted.
(D) In section 87, in sub-section ( 2), after
clause ( o), the following clauses shall be inserted,
namely:—
"(oa) the manner of holding inquiry
and imposing penalty under section 37A;
(ob) the form and manner of preferring
appeal under sub-section ( 2) of section
37B;".
(A) In section 33, in sub-section ( 2), for the
words "punished with imprisonment which may
extend up to six months or a fine which may extendup to ten thousand rupees or with both", the words"liable to penalty which may extend to five lakhrupees" shall be substituted.
(B) In section 44,—
(i) in clause ( a), for the words "one
lakh and fifty thousand", the words "fifteenlakh" shall be substituted;
(ii) in clause ( b), for the words "five
thousand", the words "fifty thousand" shallbe substituted;
(iii) in clause ( c), for the words "ten
thousand", the words "one lakh" shall besubstituted.
(C) In section 45,—
(i) for the words "rules or
regulations", the words "rules,regulations, directions or orders" shallbe substituted;
(ii) for the words "compensation
not exceeding twenty-five thousandrupees to the person affected by suchcontravention or a penalty not exceedingtwenty-five thousand rupees", thefollowing shall be substituted, namely:—32. 2000 21 The Information
TechnologyAct, 2000
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 61
(1) (2) (3) (4) (5)
"penalty not exceeding one
lakh rupees, in addition tocompensation to the person affectedby such contravention notexceeding—
(a) ten lakh rupees, by an
intermediary, company or bodycorporate; or
(b) one lakh rupees, by any
other person.".
(D) In section 46,—
(i) in sub-section ( 1), for the words
"under this Chapter", the words "underthis Act" shall be substituted;
(ii) in sub-section ( 1A), the words
"injury or" at both the places where theyoccur shall be omitted.
(E) Section 66A shall be omitted.
(F) In section 67C, in sub-section ( 2), for
the words "punished with an imprisonment for aterm which may extend to three years and also beliable to fine", the words "liable to penalty whichmay extend to twenty-five lakh rupees" shall besubstituted.
(G) In section 68, in sub-section ( 2), for the
words "on conviction to imprisonment for a termnot exceeding two years or a fine not exceedingone lakh rupees or with both", the words "topenalty which may extend to twenty-five lakhrupees" shall be substituted.
(H) In section 69B, in sub-section ( 4), for
the words "three years and shall also be liable tofine", the words "one year or shall be liable to finewhich may extend to one crore rupees, or withboth" shall be substituted.
(I) In section 70B, in sub-section ( 7), for the
words "one lakh", the words "one crore" shall besubstituted.
(J) In section 72, for the words "punished
with imprisonment for a term which may extend totwo years, or with fine which may extend to onelakh rupees, or with both", the words "liable topenalty which may extend to five lakh rupees"shall be substituted.
(K) In section 72A,—
(i) in the marginal heading, for the
word "Punishment", the word "Penalty"shall be substituted;
(ii) for the words "punished with
imprisonment for a term which may
(1) (2) (3) (4) (5)
extend to three years, or with fine which
may extend to five lakh rupees, or withboth", the words "liable to penalty whichmay extend to twenty-five lakh rupees"shall be substituted.
(A) In section 6, in sub-section ( 2), after
clause ( g), the following clause shall be inserted,
namely:—
"(ga) levy and collect penalties under
this Act;".
(B) In section 59, in sub-section ( 2),—
(i) for the words "punishable with fine
which may extend to two hundred and fiftyrupees", the words "liable to penalty whichmay extend to ten thousand rupees" shallbe substituted;
(ii) for the words "five hundred
rupees", the words "ten thousand rupees"shall be substituted.
(C) In section 63, for the words "after being
warned by any metro railway official to desist, heshall be punishable with imprisonment for a termwhich may extend to one month, or with fine whichmay extend to fifty rupees, or with both", the words"he shall be liable to penalty which may extend tofive thousand rupees" shall be substituted.
(D) In section 65, in the long line, for the
words "five years, or with fine which may extendto six thousand rupees, or with both", the words"two years, or with fine which may extend to thirtythousand rupees, or with both" shall besubstituted.
(E) In section 69, for sub-section ( 4), the
following sub-section shall be substituted,namely:—
"(4) If any passenger liable to pay the
excess charge and fare mentioned in sub-section ( 1), or the excess charge and any
difference of fare mentioned insub-section ( 2), fails or refuses to pay the
same on a demand being made therefor, anymetro railway official authorised by themetro railway administration in this behalfmay apply to any Metropolitan Magistrateor, as the case may be, Judicial Magistrateof the first class, for the recovery of thesum payable as if it were a fine.".
(F) For section 70, the following section shall
be substituted, namely:—
"70. Needlessly interfering with means
of communication in a train.— If any33. 2002 60 The Metro
Railways(Operation andMaintenance)Act, 2002
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 63
passenger or any other person without
reasonable and sufficient cause makes useof, or interferes with, any means providedby the metro railway administration in ametro railway for communication betweenpassengers and metro railway official incharge of the metro railway or misuses alarmbell or emergency stop push or emergencytrip system or emergency call point of themetro railway, he shall be liable to penaltywhich may extend to ten thousand rupees.".
(G) Section 80 shall be omitted.
(H) In section 82, in sub-section ( 1), for the
words and figures "sections 65 to 79", the wordsand figures "sections 65 to 68, 71 to 79" shall besubstituted.
In THE SCHEDULE, in PART A,—
(i) for PARAGRAPH 21, the
following PARAGRAPH shall besubstituted, namely:—
"PARAGRAPH 21
O
FFENCES UNDER THE TRADE MARKS ACT, 1999
(47 OF 1999)
Section Description of offence
103 Penalty for applying false trademarks,
trade descriptions, etc.
104 Penalty for selling goods or providing
services to which false trademark orfalse trade description is applied.
1 0 5 Enhanced penalty on second or
subsequent conviction.
120 Punishment of abetment in India of
acts done out of India.";
(ii) for PARAGRAPH 22, the
following PARAGRAPH shall besubstituted, namely:—
"PARAGRAPH 22
O
FFENCES UNDER THE INFORMA TION
TECHNOLOGY ACT, 2000
(21 OF 2000)
Section Description of offence
75 Act to apply for offence or
contravention committedoutside India.";
(iii) PARAGRAPH 25 shall be
omitted;
(iv) PARAGRAPH 27 shall be
omitted.(1) (2) (3) (4) (5)
34. 2003 15 The Prevention
of Money-launderingAct, 2002
(A) In section 59, in clause ( i), for the words
"imprisonment for a term which may extend to sixmonths and also with fine which may extend toone lakh rupees", the words "imprisonment for aterm which may extend to three months and alsowith fine which may extend to three lakh rupees"shall be substituted.
(B) In section 61,—
(i) in the marginal heading, for the
word "Punishment", the word "Penalty"shall be substituted;
(ii) for the words "punishable with
imprisonment for a term which may extendto three months and also with fine whichmay extend to two lakh rupees", the words"liable to penalty which may extend to tenlakh rupees" shall be substituted.
(C) In section 63,—
(i) in the marginal heading, for the
word "Punishment", the word "Penalty"shall be substituted;
(ii) for the words "punishable with
imprisonment for a term which may extendto six months and also with a fine whichmay extend to five lakh rupees", the words"liable to penalty which may extend to tenlakh rupees" shall be substituted.
In section 30,—
(i) in sub-section ( 1), for the words
"he shall be punishable with imprisonmentfor a term which may extend to six months,or with fine, or with both", the words "theBank may impose a penalty not exceedingfive lakh rupees or twice the amountinvolved in such contravention, where theamount is quantifiable, whichever ishigher, and where such contravention is acontinuing one, with a further penalty, whichmay extend to five thousand rupees forevery day after first day during which thecontravention continues" shall besubstituted;
(ii) sub-section ( 2) shall be omitted.
(A) Section 156 shall be omitted.
(B) In section 185, for sub-section ( 1), the
following sub-section shall be substituted,namely:—
"(1) No person employed in any
essential service under a Board in a(1) (2) (3) (4) (5)
35. 2006 34 The Food Safety
and StandardsAct, 2006
36. 2006 38 The Government
SecuritiesAct, 2006
37. 2006 41 The Cantonments
Act, 2006
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 65
cantonment shall, in the absence of any
contract, resign without reasonable causeor absent himself from duty without properauthority and in case of such resignation orabsence from duty, disciplinary proceedingsshall be initiated against him in accordancewith such procedure as may be prescribed.".
(C) Section 286 shall be omitted.
(D) For section 287, the following section
shall be substituted, namely:—
"287. Arrest of persons, seizure and
confiscation of things for offences undersection 285.—( 1) Notwithstanding anything
contained in the Code of Criminal Procedure,1973 (2 of 1974), any police officer or exciseofficer may, without an order from a JudicialMagistrate, and without a warrant, arrestany person who commits an offence undersection 285 and may seize and detain anyspirituous liquor or intoxicating drug inrespect of which an offence under section285 has been committed and any vessels orcoverings in which the liquor or drug iscontained.
(2) Where a person accused of an
offence under section 285 has beenpreviously convicted of an offence underthat section, an officer in charge of a policestation may, with the written permission ofa Judicial Magistrate, seize and detain anyspirituous liquor or intoxicating drug withinthe cantonment or within any limits definedunder that section which, at the time of thealleged commission of the subsequentoffence, belonged to, or was in the
possession of, such person.
(3) The court convicting a person of
an offence under section 285 may order theconfiscation of the whole or any part ofanything seized under sub-section ( 1) or
sub-section ( 2).
(4) Subject to the provisions of
Chapter XXXIV of the Code of CriminalProcedure, 1973 (2 of 1974) anything, seizedunder sub-section ( 1) or sub-section ( 2)
and not confiscated under sub-section ( 3)
shall be restored to the person from whomit was taken.".
(E) In section 289, sub-section ( 5) shall be
omitted.(1) (2) (3) (4) (5)
(F) In section 314, in the proviso, in
clause ( a), the words, letter and figures "in the
case of breach of any such provisions as isspecified in Part B of Schedule IV ," shall be omitted.
(G) For SCHEDULE IV , the following
SCHEDULE shall be substituted, namely:—
"SCHEDULE IV
(See section 314)
Section Subject
183(1) Remaining in, or re-entering,
cantonment after notice of expulsionfor failure to attend hospital ordispensary.
296 Discharging fire-arms, etc., so as to
cause danger.
300 Loitering or importuning for sexual
immorality.
304(a) Remaining in, or returning to, a
cantonment after notice ofexpulsion.".
(A) In section 26,—
(i) in sub-section ( 3), for the words
"punishable with fine which may extend toten lakh rupees in respect of each offenceand if he persists in such refusal, to a furtherfine which may extend to twenty-fivethousand rupees for every day for whichthe offence continues", the words andfigures "liable to penalty as may be imposedin accordance with the provisions of section30" shall be substituted;
(ii) in sub-section ( 6), for the words
"punishable with fine which may extend toten lakh rupees and where a contraventionor default is a continuing one, with a furtherfine which may extend to twenty-fivethousand rupees for every day, after the firstduring which the contravention or defaultcontinues", the words and figures "liableto penalty as may be imposed in accordancewith the provisions of section 30" shall besubstituted.
(B) In section 30,—
(a) in the marginal heading, for the
word "fines", the word "penalties" shall besubstituted;
(b) in sub-section ( 1)—
(i) after the word, brackets and(1) (2) (3) (4) (5)
38. 2007 51 The Payment
and SettlementSystems Act, 2007
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 67
figure "sub-section ( 2)", the words,
brackets and figure "or sub-section ( 3)" shall be inserted;
(ii) for the words "five lakh",
the words "ten lakh" shall be substi-tuted.
(A) In section 9, in sub-sections ( 2) and ( 3),
for the word "prosecution", the word "penalty"shall be substituted.
(B) For CHAPTER IV , the following
CHAPTER shall be substituted, namely:—
"CHAPTER IV
P
ENALTIES AND ADJUDICATION
15. Penalty for neglect or refusal
to supply particulars and othercontraventions.— ( 1) Whoever fails to
produce any books of account, vouchers,documents or other business records orwhoever neglects or refuses to fill in andsupply the particulars required in anyinformation schedule or return given or sentto him or whoever neglects or refuses toanswer any question or inquiry addressedto him as may be required under or for thepurposes of any provision of this Act orwhoever acts in contravention or fails tocomply with any provision of this Act orany rules made thereunder or anyrequirement imposed under this Act, shallbe liable to penalty which may extend toone thousand rupees, and in the case of acompany, with a penalty which may extendto one lakh rupees.
(2) The imposition of penalty on a
person or company shall not relieve him orit of the obligations under sub-section ( 1),
and if after the expiry of fourteen days fromthe date of imposition of penalty, he or itstill fails to give the required particulars orcontinues to neglect or refuse or contraveneany provision of this Act or any rules madethereunder or any requirement imposedunder this Act, shall be liable to a furtherpenalty which may extend to one thousandrupees, and in the case of a company, to afurther penalty which may extend to fivethousand rupees, for each day after the firstduring which the neglect, refusal orcontravention continues.(1) (2) (3) (4) (5)
39. 2009 7 The Collection
of StatisticsAct, 2008
15A. Adjudicating officer.—( 1) The
appropriate Government may, for thepurposes of determining the penalties undersection 15, appoint an officer as it may deemfit, to be adjudicating officer to hold aninquiry and impose penalty in the manner,as may be prescribed:
Provided that the appropriate
Government may appoint as manyadjudicating officers as may be required.
(2) The adjudicating officer may
summon and enforce the attendance of anyperson acquainted with the facts andcircumstances of the case to give evidenceor to produce any document, which in theopinion of the adjudicating officer, may beuseful for, or relevant to, the subject-matterof the inquiry and if, on such inquiry, he issatisfied that the person concerned hasfailed to comply with the provisions of thisAct, he may impose penalty:
Provided that no such penalty shall
be imposed without giving the partiesconcerned a reasonable opportunity ofbeing heard.
15B. Appeal.—( 1) Whoever
aggrieved by the order passed by theadjudicating officer under this Act, mayprefer an appeal to the appellate authority,above the rank of the adjudicating officer,authorised by the appropriate Government,within thirty days from the date of receiptof order in such form and manner as may beprescribed.
(2) An appeal may be admitted after
the expiry of the period of thirty days if theappellant satisfies the appellate authoritythat he had sufficient cause for notpreferring the appeal within that period.
(3) The appellate authority may, after
giving the parties to the appeal anopportunity of being heard, pass such orderas he may think fit.
(4) The appellate authority referred
to in sub-section ( 1) shall dispose of the
appeal within sixty days from the date offiling the appeal.
15C. Recovery.—Notwithstanding
anything contained in this Act, if penaltyimposed under this Act, is not deposited,(1) (2) (3) (4) (5)
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 69
the amount shall be recovered as an arrear
of land revenue.".
(C) In section 33, in sub-section ( 2), after
clause ( da), the following clauses shall be inserted,
namely:—
"(db) the manner of holding inquiry
and imposing penalty under sub-section ( 1)
of section 15A;
(dc) the form and manner of preferring
appeal under sub-section ( 1) of section
15B;".
(A) In section 25, for the words "twenty-
five thousand rupees and for the second orsubsequent offence, with imprisonment for a termwhich may extend to six months and also withfine", the words "one lakh rupees and for thesecond offence with fine which may extend to twolakh rupees and for the third and subsequentoffence, with fine which may extend to five lakhrupees" shall be substituted.
(B) In section 27, in the long line, for the
words "twenty thousand rupees and for thesecond or subsequent offence with imprisonment
for a term which may extend to three years or with
fine or with both", the words "one lakh rupeesand for the second offence with fine which mayextend to two lakh rupees and for the third andsubsequent offence, with fine which may extendto four lakh rupees" shall be substituted.
(C) In section 28, for the words "ten
thousand rupees and for the second orsubsequent offence, with imprisonment for a termwhich may extend to one year, or with fine, or withboth", the words "fifty thousand rupees and forthe second offence with fine which may extend toone lakh rupees and for the third and subsequentoffence with fine which may extend to two lakhrupees" shall be substituted.
(D) In section 29, for the words "ten
thousand rupees and, for the second orsubsequent offence, with imprisonment for a termwhich may extend to one year, or with fine, or withboth", the words "fifty thousand rupees for thesecond offence with fine which may extend to onelakh rupees and for the third and subsequentoffence with a fine which may extend to two lakhrupees" shall be substituted.
(E) In section 31, for the words "five
thousand rupees and for the second orsubsequent offence, with imprisonment for a term(1) (2) (3) (4) (5)
40. 2010 1 The Legal
MetrologyAct, 2009
which may extend to one year and also with fine",
the words "twenty-five thousand rupees and forthe second offence with fine which may extend tofifty thousand rupees and for the third andsubsequent offence, with fine which may extendto one lakh rupees" shall be substituted.
(F) In section 34, for the words "fine which
shall not be less than two thousand rupees, butwhich may extend to five thousand rupees and,for the second or subsequent offence, withimprisonment for a term which shall not be lessthan three months but which may extend to oneyear, or with fine, or with both", the words "finewhich may extend to twenty-five thousand rupeesand for the second offence with fine which mayextend to fifty thousand rupees and for the thirdand subsequent offence, with fine which mayextend to one lakh rupees" shall be substituted.
(G) In section 35, for the words "fine which
shall not be less than two thousand rupees, butwhich may extend to five thousand rupees and,for the second or subsequent offence, withimprisonment for a term which shall not be lessthan three months but which may extend to oneyear, or with fine, or with both", the words "finewhich may extend to twenty-five thousand rupeesand for the second offence with fine which mayextend to fifty thousand rupees and for the thirdand subsequent offence, with fine which mayextend to one lakh rupees" shall be substituted.
(H) In section 48,—
(a) in sub-sections ( 1) and ( 2), for the
words and figures "sections 27 to 39" atboth places where they occur, the wordsand figures "sections 27 to 39, section 41"shall be substituted;
(b) in sub-section ( 3), after the words
and figures "sections 33 to 37,", the wordand figures "section 41," shall be inserted.".
(A) For sections 21 and 22, the following
sections shall be substituted, namely:—
"21. Penalties.—If a default is made
in filing under section 19, the particulars ofany transaction of assignment ofreceivables and realisation of receivablesby a factor, such company and every officerof the company who is in default shall beliable to penalty which may extend to fivelakh rupees and in the case of a continuingoffence, with an additional penalty which(1) (2) (3) (4) (5)
41. 2012 12 The Factoring
RegulationAct, 2011
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 71
may extend to ten thousand rupees for every
day during which the default continues, tobe imposed by the Reserve Bank inaccordance with the provisions of sub-sections ( 2) to ( 4) of section 22.
22. Penalties for non-compliance of
direction by Reserve Bank.—( 1) If
any factor fails to comply with anydirection issued by the Reserve Bank undersection 6, or fails in filing the particulars ofany transaction of receivables andrealisation of receivables under section 19,the Reserve Bank may impose a penaltywhich may extend to five lakh rupees and inthe case of a continuing failure, with anadditional penalty which may extend to tenthousand rupees for every day duringwhich the default continues.
(2) For the purpose of adjudging the
penalty under sub-section ( 1) or section 21,
the Reserve Bank shall serve notice on thefactor requiring it to show cause why theamount specified in the notice should notbe imposed and a reasonable opportunityof being heard shall also be given to suchfactor.
(3) Any penalty imposed by the
Reserve Bank under this section orsection 21 shall be payable within a periodof fourteen days from the date on whichnotice issued by the Reserve Bankdemanding payment of the sum is servedon the factor and in the event of failure ofthe factor to pay the sum within such period,may be levied on a direction made by theprincipal civil court having jurisdiction inthe area where the registered office of thefactor is situated; or, in the case of a factorincorporated outside India, where itsprincipal place of business in India issituated:
Provided that no such direction shall
be made except on an application made tothe court by the Reserve Bank or any officerauthorised by Reserve Bank in this behalf:
Provided further that the Reserve
Bank may also recover the amount ofpenalty by debiting the current account, ifany, of the defaulter or by liquidating thesecurities held to the credit of the defaulter.(1) (2) (3) (4) (5)
(4) The court which makes a direction
under sub-section ( 3) shall issue a certificate
specifying the sum payable by the factorand every such certificate shall beenforceable in the same manner as if it werea decree made by the court in a civil suit.".
In section 41, for the words "punishable with
imprisonment which may extend to one year orwith a fine which may extend to ten thousandrupees or, in the case of a company, with a finewhich may extend to one lakh rupees or withboth", the words "liable to penalty which mayextend to one lakh rupees, or in the case of acompany, with penalty which may extend toten lakh rupees" shall be substituted.
————
DR. REETA VASISHTA,
Secretary to the Govt. of India.(1) (2) (3) (4) (5)
42. 2016 18 The Aadhaar
(TargetedDelivery ofFinancial andOther Subsidies,Benefits andServices)Act, 2016
MGIPMRND—284GI(S3)—11-08-2023.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.72 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—S EC. 1]
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