Full Text
REGD. No. D. L.-33002/99
GOVERNMENT OF INDIA
Delhi Gazette
SG-DL-E-18042026-271875
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 101] DELHI, THURSDAY, APRIL 16, 2026/CHAITRA 26, 1948 [N. C. T. D. No. 09
PART IV
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI
REETESH SINGH, Principal Secy.
DEPARTMENT OF LAW, JUSTICE AND LEGISLATIVE AFFAIRS
NOTIFICATION
Delhi, the 16th April, 2026
F. 14 (106)/LA-2026/ala1/22-43.—The following Act of the Legislative Assembly of the National Capital
Territory of Delhi received the assent of the President of India on the 02nd April, 2026 and is hereby published for
general information.
THE DELHI JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2026
(DELHI ACT No. 06 OF 2026)
(As passed by the Legislative Assembly of the National Capital Territory of Delhi on 9th January, 2026).
[16th April, 2026]
An Act to amend certain laws in its application to the National Capital Territory of Delhi, to decriminalise minor
offences and rationalise punishments to promote trust-based governance for enhancing ease of living and doing business.
Be it enacted by the Legislative Assembly of Delhi in the Seventy-Seventh year of the Republic of India, as follows:-
1. Short title and Commencement:-
(2) This Act may be called the Delhi Jan Vishwas (Amendment of Provisions) Act, 2026.
(3) It shall come into force on the date of its publication in Official Gazette.
2. Amendments of certain enactments:- The enactments mentioned in column (4) of the Schedule are amended
to the extent and in the manner mentioned in column (5).
3. Revision of fines and civil penalties:- 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 fine or
penalty, as the case may be, prescribed therefore, after the expiry of every three years from the date of
commencement of this Act.
4. Savings:- (1) The amendment or repeal of any enactment by this Act shall not affect any other enactment in
which the amended or repealed enactment has been applied, incorporated or referred to.
(2) 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 or incurred or any remedy or proceeding in respect
thereof, or any release or discharge of, or from any debt, penalty, obligation, liability, claim or demand or any indemnity
already granted, or the proof of any past act or thing.
(3) This Act shall not 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 any manner affirmed, or recognised or derived by, in or
from any enactment hereby amended or repealed.
(4) The amendment or repeal of any enactment by this Act shall not 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.
5. Power to remove difficulties:- (1) If any difficulty arises in giving effect to the provisions of different
enactments mentioned in the Schedule as amended by this Act, the Government may, by order published in the
Official Gazette, make such provisions, not inconsistent with the provisions of the enactments as amended by
this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement
of this Act.
(4) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before the House of the
Legislature of National Capital Territory of Delhi.
THE SCHEDULE
(See section 2)
+-------+------+-----+----------------------------------------------------------+
| S. No.| Year | No. | Short Title |
+=======+======+=====+==========================================================+
| (1) | (2) | (3) | (4) |
+-------+------+-----+----------------------------------------------------------+
| 1. | 2010 | 1 | The Delhi Industrial Development, Operation and |
| | | | Maintenance Act, 2010 |
+-------+------+-----+----------------------------------------------------------+
Amendments
(A) For section 18, the following section shall be substituted, namely:-
"18. Penalty for construction or use of land and buildings contrary to
terms of holding. — (1) Any person who by himself or through any other
person undertakes:
(a) construction of any building; or
(b) alterations to any
building;
in an industrial estate or industrial area or flatted factories complex
which are contrary to the terms under which he holds such building or
land under this Act shall, for such contravention, be liable to a civil
penalty which may extend to twenty-five thousand rupees, and in the
case of a continuing contravention, with a further civil penalty which
may extend to one thousand rupees for every day during which such
contravention continues.
(2) Any person who uses any land or building in an industrial estate or
industrial area or flatted factories complex in contravention of the terms
under which he holds such land or building under this Act or in
contravention of the provisions of any regulations made in this behalf
shall be liable to a civil penalty which may extend to ten thousand
rupees and in case of continuing contravention with a further civil
penalty which may extend to five hundred rupees for every day during
which such contravention continues.
(B) Sections 28 to 29 shall be omitted.
(C) For section 30, the following section shall be substituted, namely:-
"30. Contravention by Companies.-
(1) Where a contravention of any provision of this Act or the rules made
thereunder is committed by a company, the company and every person
who, at the time of such contravention, was in charge of, or responsible
to, the company for the conduct of its business shall also be liable to a
civil penalty:
Provided that no such person shall be liable if he proves that the
contravention was committed without his knowledge or that he had
exercised due diligence to prevent the commission of such
contravention.
(2) Notwithstanding anything contained in sub-section (1), where it is
proved that the contravention has occurred with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be liable to a civil
penalty, as imposed by the Adjudicating Authority
Explanation. For the purposes of this section, —
(a) "company" includes any body corporate or a firm or other
association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
(D) For section 31, the following section shall be substituted, namely:-
"31. Punishment for obstruction. - Any person who willfully obstructs,
resists, or otherwise interferes with the lawful discharge of functions by
the prescribed authority or any officer authorised by such authority
under this Act or the rules made thereunder, such person shall be liable
to be proceeded in accordance with the provisions of the Bharatiya
Nyaya Sanhita, 2023.
(E) After existing section 28, the following sections shall be inserted,
namely:-
"28A. Adjudication.-
(1) The Government, for the purposes of conducting inquiries and
imposing civil penalties under the provisions of this act, may
appoint an officer not below the rank equivalent to that of
Executive Director or equivalent to be the Adjudicating Officer.
Provided that the Government may appoint as many
adjudicating officers as may be required.
(2) The Adjudicating Officer may summon any person acquainted
with the facts and circumstances of the case to give evidence or
to produce any document, which in his opinion, may be useful for,
or relevant to the inquiry.
(3) If the Adjudicating Officer is satisfied that the person concerned
is liable under the provisions of this Act may pass an order
imposing a civil penalty.
Provided that no such civil penalty shall be imposed without
giving the person concerned a reasonable opportunity of being
heard.
(4) The Government may by rules prescribe the manner and
procedure for holding an inquiry to determine civil penalties
under sub-section (1).
28B. Appeal.-
(1) The Government may authorise an officer not below the rank of
Managing Director or equivalent to act as an Appellate Authority.
(2) Any person aggrieved by an order passed by the Adjudicating
Officer under section 28A, may prefer an appeal within thirty
days from the date of receipt of the order, in such form and
manner as may be prescribed by the Government.
(3) The Appellate Authority may admit an appeal after the expiry of
the said period of thirty days, if the appellant satisfies the
Appellate Authority that he had sufficient cause for not preferring
the appeal within that period.
(4) The Appellate Authority may, after giving the parties to the
appeal an opportunity of being heard, pass such an order as he
may deem fit.
(5) An appeal under sub-section (2) shall be disposed of within sixty
days from the date of filing.
(6) The amount of civil penalty imposed under section 28A or this
section, if not paid, may be recovered as an arrear of land
revenue."
+-------+------+-----+----------------------------------------------------------+
| 2. | 1954 | 7 | The Delhi Shops and Establishments Act, 1954 |
+-------+------+-----+----------------------------------------------------------+
Amendments
A. In section 40,-
(i) in sub-section (1), for the words 'shall, on conviction, be punished with fine which shall not
be less than twenty-five rupees and which may extend to two hundred and fifty rupees.', the
words 'shall, for every such contravention, be liable to a civil penalty which shall not be less
than ten thousand rupees and which may extend to twenty-five thousand rupees.' shall be
substituted.
(ii) in sub-section (2), for the words 'he shall be liable, on conviction to a fine of Rs. 5', the words
'he shall be liable to a civil penalty which shall not be less than two hundred and fifty rupees and
which may extend to five hundred rupees' shall be substituted.
B. In section 41, for the words "on conviction to an imprisonment
for a term not exceeding three months or to a fine which shall not
be less than fifty rupees and which may extend to two hundred
and fifty rupees or to both", the words "to a civil penalty which
shall not be less than five hundred rupees but may extend to five
thousand rupees" shall be substituted.
C. For section 42, the following sections shall be substituted,
namely:-
"42. Punishment for obstruction. (1) Any person who willfully
obstructs, resists, or otherwise interferes with the lawful discharge of
functions by the prescribed authority or any officer authorised by such
authority under this Act or the rules made thereunder, shall be liable to
be proceeded in accordance with the provisions of the Bharatiya Nyaya
Sanhita, 2023.
D. For section 45, the following sections shall be substituted,
namely:-
"45. (1)Adjudication.-
i.The Government, for the purposes of conducting inquiries and
imposing civil penalties under the provisions of this Act shall
authorise the Chief Inspector of Shops to be the Adjudicating
Officer.
Provided that the Government may appoint as many adjudicating
officers as may be required.
ii. The Adjudicating Officer may summon any person acquainted
with the facts and circumstances of the case to give evidence or
to produce any document, which in his opinion, may be useful
for, or relevant to the inquiry.
iii. If the Adjudicating Officer is satisfied that the person concerned
is liable under section 40, he may pass an order imposing a civil
penalty.
Provided that no such civil penalty shall be imposed without
giving the person concerned a reasonable opportunity of being
heard.
iv.The Government may by rules prescribe the manner and
procedure for holding an inquiry to determine civil penalties
under sub-section (1).
(2) Appeal.-
i. The Government shall authorise the Labour Commissioner to
act as an Appellate Authority.
ii. Any person aggrieved by an order passed by the Adjudicating
Officer under section 45(1), may prefer an appeal within sixty
days from the date of receipt of the order, in such form and
manner as may be prescribed by the Government.
iii. The Appellate Authority may admit an appeal after the expiry
of the said period of sixty days, if the appellant satisfies the
Appellate Authority that he had sufficient cause for not preferring
the appeal within that period.
iv. The Appellate Authority may, after giving the parties to the
appeal an opportunity of being heard, pass such an order as he
may deem fit.
v. An appeal under sub-section (2) shall be disposed of within
sixty days from the date of filing.
vi. The amount of civil penalty imposed under section 45(1) or
this section, if not paid, may be recovered as an arrear of land
revenue."
+-------+------+-----+----------------------------------------------------------+
| 3. | 2000 | 2 | The Delhi Electricity Reform Act, 2000 |
+-------+------+-----+----------------------------------------------------------+
Amendments
(A) For section 33, the following section shall be substituted, namely:-
"33. (1) The Commission shall have the power to impose civil penalties
and charges on any generating company, licensee or any other person
who, without reasonable excuse, contravenes any provision of this Act
or rules or regulations made thereunder or directions or orders of the
Commission.
(2) For any contravention of the provisions of this Act or rules or
regulations made thereunder, or directions or orders of the commission,
where a civil penalty is not separately provided in this Act, the
Commission may impose civil penalty which may extend to one lakh
rupees, and in the case of continuing contravention, a civil penalty not
exceeding six thousand rupees for every day during which the non-
compliance or contravention continues.
(3) The Commission shall, while making an interim or final order under
this part, be entitled to direct compensation to be paid by the person
who has committed the contravention as provided in sub-section (1) to
the person or persons affected by such contravention.
(4) The civil penalties, charges and compensation, which may be
imposed by the Commission under this section, shall be in addition to
and not in derogation of any other liability, which the person who
contravened, may have incurred."
(B) In section 38, in sub-section (1), in clause (a), the word "fines or" shall
be omitted.
(C) In part-XI, in the marginal heading, for the word "Offences", the word
"Contraventions" shall be substituted.
(D) In section 43, for the words "shall be punishable with imprisonment
which may extend to three years or with penalty by way of fine which
may extend to five lakh rupees, or with both and a further penalty which
may extend to twenty thousand rupees for each day after the first, during
which the offence continues.", the words "shall be liable to a civil
penalty which shall not be less than five lakh rupees and which may
extend to twenty lakh rupees, and a further civil penalty which shall not
be less than twenty thousand rupees and which may extend to fifty
thousand rupees for each day after the first, during which the
contravention continues." shall be substituted.
(E) Sections 44 to 47 shall be omitted.
(F) In section 52, for the word "fines", the word "civil penalties" shall be
substituted.
(G) In section 53, for the words "The Commission or Court imposing the
fine and charges", the words "The Commission imposing the civil
penalties and charges" shall be substituted.
(H) In section 54, the word "fines" shall be omitted.
(I) In section 58, the following section shall be substituted, namely:-
"All proceedings before the Commission shall be deemed to be judicial
proceedings within the meaning of sections 229, 257 and 267 of the
Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and the Commission shall
be deemed to be a Civil Court for the purpose of section 215 and
Chapter XXVIII of the Bharatiya Nyaya Sanhita, 2023 (46 of 2023)."
(J) In section 59, for the words "section 21 of the Indian Penal Code,
1860", the words "sub-section 28 of section 2 of the Bharatiya Nagrik
Sanhita, 2023 (45 of 2023)" shall be substituted.
(K) In section 61, in sub-section (1), in clause (k), the words "fines and",
wherever they occur, shall be omitted.
+-------+------+-----+----------------------------------------------------------+
| 4. | 2007 | 11 | The National Capital Territory (Incredible India) Bed and|
| | | | Breakfast Establishments (Registration and Regulation) |
| | | | Act, 2007 |
+-------+------+-----+----------------------------------------------------------+
Amendments
(A) In chapter V, in the marginal heading, for the words "Offences and " shall
be omitted.
(B) In section 19, for the words, "punishable with fine which may extend
to five thousand rupees.", the words "liable to a civil penalty which may
extend to fifteen thousand rupees." shall be substituted.
(C) In section 20, for the words, “punishable with imprisonment for a term
which may extend to three months, or with fine which may extend to
ten thousand rupees, or with both.", the words "liable to a civil penalty
which may extend to thirty thousand rupees." shall be substituted.
(D) In section 21, for the words "punishable with imprisonment which may
extend to six months, or with fine which may extend to twenty thousand
rupees, or with both.", the words "liable to a civil penalty which may
extend to fifty thousand rupees." shall be substituted.
(E) In section 22, in sub-section (2), for the words "punishable with fine
which may extend to two thousand rupees.", the words "liable to a civil
penalty which may extend to five thousand rupees." shall be substituted.
(F) In section 23, for the words "punishable with imprisonment which may
extend to three months, or with fine which may extend to five thousand
rupees, or with both.", the words "liable to a civil penalty which may
extend to fifteen thousand rupees." shall be substituted.
(G) For section 24, the following section shall be substituted, namely:-
"24. Punishment for obstruction. - "(1) Any person who willfully
obstructs, resists, or otherwise interferes with the lawful discharge of
functions by the prescribed authority or any officer authorised by such
authority under this Act or the rules made thereunder, such person shall
be liable to be proceeded in accordance with the provisions of the
Bharatiya Nyaya Sanhita, 2023..
(H) For existing section 25, the following shall be substituted, namely:-
"25. Adjudication.-
(1)The Government may appoint any officer, as it thinks fit, as the
Adjudicating Officer.
Provided that the Government may appoint as many Adjudicating
Officers as may be required.
(2) The Adjudicating Officer may summon any person acquainted with
the facts and circumstances of the case to give evidence or to produce
any document, which in his opinion, may be useful for, or relevant to
the inquiry.
(3) If the Adjudicating Officer is satisfied that the person concerned is
liable under sections 19, 20, 21, 22, 23 as the case may be, he may pass
an order imposing a civil penalty.
Provided that no such civil penalty shall be imposed without giving the
person concerned a reasonable opportunity of being heard.
(4) The Government may by rules prescribe the manner and procedure
for holding an inquiry to determine civil penalties under sub-section (1).
For existing section 26, the following shall be substituted, namely:-
26. Appeal.-
(1) Any person aggrieved by an order passed by the Adjudicating
Officer under section 25, may prefer an appeal to the appellate
authority, appointed by the Government, within sixty days from the date
of receipt of the order, in such form and manner as may be prescribed
by the Government.
(2) The appellate authority may admit an appeal after the expiry of the
said period of sixty days, if the appellant satisfies the appellate authority
that he had sufficient cause for not preferring the appeal within that
period.
(3) The appellate authority may, after giving the parties to the appeal an
opportunity of being heard, pass such an order as he may deem fit.
(4) An appeal under sub-section (2) shall be disposed of within sixty
days from the date of filing.
(5) The amount of civil penalty imposed under section 25 or this
section, if not paid, may be recovered as an arrear of land revenue."
+-------+------+-----+----------------------------------------------------------+
| 5. | 1999 | 7 | The Delhi Agricultural Produce Marketing (Regulation) |
| | | | Act, 1998 |
+-------+------+-----+----------------------------------------------------------+
Amendments
(A) In section 76, in sub-section (1), in clause (c), before the word
"penalty", the word "civil" shall be inserted.
(B) In section 78, in sub-section (2), in clause (v), in sub-clause (a), before
the word "penalties", the word "civil" shall be inserted.
In section 88, before the word "penalties", the word "civil" shall be
inserted.
(D) In section 97, in sub-section (2), for the words and figures "section 195
and chapter XXVI of the Code of Criminal Procedure, 1973", the
words, figures and brackets "section 215 and Chapter XXVIII of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)." shall be
substituted.
(E) In section 103, for the words "punishable with simple imprisonment for
a term which may extend to one month or with fine which may extend
to five thousand rupees, or with both.", the words "liable to a civil
penalty which may extend up to fifty thousand rupees." shall be
substituted.
(F) In section 104, for the words "punishable with imprisonment for a term
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
contravention, with further fine which may extend to one hundred
rupees for every day, during which such contravention continues after
conviction for the first contravention.", the words "liable to a civil
penalty which may extend to twenty five thousand rupees, with a further
civil penalty which may extend to five hundred rupees for every day,
during which such contravention continues." shall be substituted.
(G) For section 105, the following section shall be substituted, namely:-
"105. Punishment for obstruction and failure to obey order under section 96
and section 98. - (1) Any person who-
(a) obstructs the prescribed authority or any authorised officer,
in carrying out the inspection of accounts, or in holding an
inquiry into the affairs, of a marketing committee; or
(b) fails to obey any order relating to any matter specified in
section 96; or
(c) fails to deliver the books, records, funds, or property of a
market committee to a person authorised under section 98,
shall be liable to a civil penalty which may extend to five thousand
rupees and in the case of a continuing failure, with an additional civil
penalty which may extend to five hundred rupees for every day during
which such failure continues.
(H) For section 106, the following section shall be substituted, namely:-
"106. Punishment for contravening provisions of section 97.- If any
officer, servant or member of a marketing committee, when required
under section 97 to furnish information with regard to the accounts or
offices or affairs of the market committee or the proceedings of a
market committee-
(a) fails to furnish such information as may be required without
reasonable cause, the Director or any officer authorised by him
shall issue a written notice directing such person to furnish the
information or return, within a specified time, not being less than
ten days. Where such person fails to comply with the notice within
the time so specified, he shall be liable to a civil penalty which
may extend to ten thousand rupees, and in the case of a continuing
default, to a further civil penalty which may extend to five
hundred rupees for each day for which the default continues,
subject to a maximum of twenty-five thousand rupees;
(b) willfully furnishes information that is false or incorrect in material
particulars with the intent to mislead, shall be punishable with
simple imprisonment which may extend to six months, or with
fine which may extend to twenty five thousand rupees, or with
both.
(I) Section 107 shall be omitted.
(J) In section 108,-
(a) in the marginal heading, for the words "General provision of
punishment of offence", the words "Civil penalties" shall be
substituted.
(b) for the words "punishable with fine which may extend to two
thousand rupees.", the words "liable to civil penalty which may
extend to ten thousand rupees." shall be substituted.
(K) In section 110, for the words, figures and brackets "meaning of section
21 of the Indian Penal Code, 1860 (45 of 1860).", the words, brackets
and figures "meaning of sub-section (28) of section 2 of the Bharatiya
Nyaya Sanhita, 2023 (45 of 2023)." shall be substituted.
(L) After section 112, the following sections shall be inserted, namely:-
"112A. Adjudication.-
(1) The Government, for the purposes of conducting inquiries and
imposing civil penalties under sections 103, 104, 105(1), 106(a), and
108, may appoint the Secretary of the Marketing Committee to be the
Adjudicating Officer.
Provided that the Government may appoint as many adjudicating
officers as may be required.
(2) The Adjudicating Officer may summon any person acquainted with
the facts and circumstances of the case to give evidence or to produce
any document, which in his opinion, may be useful for, or relevant to
the inquiry.
(3) If the Adjudicating Officer is satisfied that the person concerned is
liable under sections103, 104, 105(1), 106(a), and 108, as the case may
be, he may pass an order imposing a civil penalty.
Provided that no such civil penalty shall be imposed without giving the
person concerned a reasonable opportunity of being heard.
(4) The Government may by rules prescribe the manner and procedure
for holding an inquiry to determine civil penalties under sub-section (1).
112B. Appeal.—
(1) The Government may authorise an officer at least one rank higher
than the Adjudicating Officer to act as an Appellate Authority.
(2) Any person aggrieved by an order passed by the Adjudicating
Officer under section 112A, may prefer an appeal within thirty days
from the date of receipt of the order, in such form and manner as may
be prescribed by the Government.
(3) The Appellate Authority may admit an appeal after the expiry of the
said period of thirty days, if the appellant satisfies the Appellate
Authority that he had sufficient cause for not preferring the appeal
within that period.
(4) The Appellate Authority may, after giving the parties to the appeal an
opportunity of being heard, pass such an order as he may deem fit.
(5) An appeal under sub-section (2) shall be disposed of within ninety
days from the date of filing.
(6) The amount of civil penalty imposed under section 112A or this
section, if not paid, may be recovered as an arrear of land revenue."
(M) In section 116, in sub-section (4), for the words "on conviction, be
punishable with fine, which may extend to five thousand rupees.", the
words "be liable to civil penalty which may extend to twenty five
thousand rupees." shall be substituted.
(N) In section 118, for sub-section (3), the following sub-section shall be
substituted, namely:-
"(3)In making any bye-laws, the Marketing Committee may direct that
the civil penalty for the breach of any bye-law may be imposed by it,
which may extend to five thousand rupees in each case and where the
breach is a continuing one with further civil penalty which may extend
to one hundred rupees for every day after the first contravention during
which the same continues.
(O) In section 123, in the marginal heading, before the word "penalties",
the word "civil" shall be inserted
+-------+------+-----+----------------------------------------------------------+
| 6. | 1998 | 4 | The Delhi Water Board Act 1998 |
+-------+------+-----+----------------------------------------------------------+
Amendments
(A) For section 86, the following section shall be substituted, namely:-
"86. Compensation to be paid by persons liable for damage caused by
them.
(1) Any person who contravenes any provisions of this Act, shall,
notwithstanding any civil penalty, be liable to pay such compensation
for any damage to the property of the Board resulting from the said
contravention as the Board may consider reasonable.
(2) In the event of a dispute regarding the amount of the compensation
payable under sub-section (1), an appeal may be filed before such
authority as the Government nay notify.
(3) Upon non-payment of the amount of compensation determined
under this section, the same shall be recovered as an arrear of land
revenue."
(B) For section 91, the following section shall be substituted, namely:-
"91. Penalties.- Save as otherwise provided in this Act whoever—
(a) contravenes any provision of any of the sections or sub-section of
this Act mentioned in column 1 of the table in the Fourth Schedule;
or
(b) fails to comply with any order or direction lawfully given or
requisition lawfully made under any of the said provisions;
shall be liable to a civil penalty as prescribed in column 3 of the
Fourth Schedule
(c) repeatedly contravenes any of the provisions mentioned in the
Schedule, an additional civil penalty as specified in column 4 of
the said Schedule, may be imposed."
(C) For the Fourth Schedule, the following Schedule shall be substituted,
namely:-
‘THE FOURTH SCHEDULE
(See Section 91)
CIVIL PENALTIES
Explanation.—The entries in column (2) of the Table below under the heading
"Subject" are not intended as definitions of the offences prescribed in the
provisions mentioned in column (1) of the Table or even as abstracts of those
provisions, but are inserted merely as reference to the subject thereof.
TABLE
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section, | Subject | Civil Penalty (in | Civil Penalty for |
| sub- | | Rupees) | repeated |
| section, | | | contravention |
| Clause | | | (in Rupees) |
| or | | | |
| proviso | | | |
+==================+==================================================+===========================+=================================================+
| (1) | (2) | (3) | (4) |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 10 sub- | Water supplied for domestic purpose used for | 10000 | (i) Two times the penalty provided in |
| section (1) | non-domestic purpose | | column (3) of the relevant section, for |
| | | | the second instance, |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 13 sub- | Prohibition to construct or occupy new premises | 10000 | (ii) Three times the penalty provided in |
| section (1) | without arrangement for water supply | | column (3) of the relevant section, for |
| | | | the third instance, |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 13 sub- | Non-compliance with requisition to take water | 5000 | (iii) Four times the penalty provided in |
| section (2) | supply. | | column (3) of the relevant section for |
| | | | the fourth and subsequent instance. |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 15 sub- | Failing to give notice of intention to make | Domestic - 25000 | (ii) Three times the |
| section (5) | additions etc. to buildings. | (upto 500 Sq. Mtr) | penalty provided in |
| | | 50000 (upto 1000 | column (3) of the |
| | | Sq. Mtr) | relevant section, for |
| | | 100000 (above | the third instance, |
| | | 1000 Sq. Mtr) | |
| | | | (iii) Four times the |
| | | Non-Domestic - | penalty provided in |
| | | 50000 (upto 500 | column (3) of the |
| | | Sq. Mtr) | relevant section for |
| | | 100000 (upto 1000 | the fourth and |
| | | Sq. Mtr) | subsequent instance. |
| | | 200000 (above | |
| | | 1000 Sq. Mtr) | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 19 sub- | Wastage or misuse of water supply. | 10000 | |
| section (1) | | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 19 sub- | Laying of water pipes etc. in a position where | 10000 | |
| section (1) | the same may be damaged or water therein polluted| | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 19 sub- | Non-removal of private On-Line Booster | Confiscation+2000 | Confiscation |
| section (3) | | repeated offence. | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 20 sub- | Denying permission to enter the premises to | 5000 | (i) Two times the penalty provided in |
| section (1) | inspect water sewer lines. | | column (3) of the relevant section, for |
| | | | the second instance, |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 20 sub- | Construction of latrines/septics tanks in a | 10000 | (ii) Three times the penalty provided in |
| section (3) | position where pipes may be injured or water | | column (3) of the relevant section, for |
| | therein polluted | | the third instance, |
| | | | (iii) Four times the penalty provided in |
| | | | column (3) of the relevant section for |
| | | | the fourth and subsequent instance. |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 23 | Failing to comply with requisition to render | 5000 | (i) Two times the penalty provided in |
| | wells, public hydrants etc. safe | | column (3) of the relevant section, for |
| | | | the second instance |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 32 sub- | Private drains connecting with public drains | 5000 | (ii) Three times the penalty provided in |
| section (a) | without notice | | column (3) of the relevant section, for |
| | | | the third instance. |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 32 sub- | Non-compliance with direction to limit the | 5000 | (iii) Four times the penalty provided in |
| section (b) | discharge from private drains into certain area | | column (3) of the relevant section for |
| | | | the fourth and subsequent instance. |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 32 sub- | Non-compliance with requisition for keeping | 10000 | |
| section (c) | sewage and rain water drains distinct | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 33 sub- | Non-compliance with requisition for drainage of | 5000 | |
| section (1) | undrained premises | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 33 sub- | Non-compliance with requisition to close remove | 5000 | |
| section (2) & (3)| or divert a pipe or drain | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 34 sub- | Constructing or occupying any new premises | 50000 | |
| section (1) | without drains. | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 34 sub- | Non-compliance with requisition of maintenance | 5000 | |
| section (2) | of drainage works for any group or block of | | |
| | premises | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 35 sub- | Execution of work by a person other than a | 5000 | |
| section (1) | licensed plumber. | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 35 sub- | Licensed plumbers demanding more than the charges| 5000 | |
| section (3)(c) | prescribed. | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 35 sub- | Licensed plumbers contravening any provisions or | 5000 | |
| section (4) | rules or executing carelessly or negligently any | | |
| | work or using any bad material, appliances or | | |
| | fittings | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 35 sub- | Failing to furnish the name of the licensed | 5000 | |
| section (5) | plumber employed when required by the Board. | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 76 sub- | Failing to give notice of intention to erect a | 25000 | |
| section (1) | building | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 79 sub- | Allowing filth & garbage to flow in drains | 25000 | |
| section (1) | | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 80 sub- | Preventing the Board or any person authorized in | 5000 | |
| section (a) | this behalf from exercising his powers of entry | | |
| | etc. | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 80 sub- | Willfully or negligently break, damage or tamper | 5000 (Domestic use) | |
| section (b) | in any manner with any installation, pipe, drain,| 10000 | |
| | fitting or apparatus | (Non-domestic | |
| | | use/commercial | |
| | | i.e. shops, | |
| | | restaurants etc.) | |
| | | 25000 (Industrial | |
| | | use including Ice | |
| | | Factories) | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 80 sub- | Willfully or negligently obstructs or hinders | 50000 | |
| section (c) | the flow of or flush, draw off or divert the flow| (malls, | |
| | of water or sewage in any water course, pipe, | farmhouses, party | |
| | drain or sewer | lounge, hotels etc.) | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 81 sub- | Non-removal of unauthorised encroachments over | 10000 | |
| section (1) | Board's water line/sewer line/drainage | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 84 | Obstructing services provided by the Board | 5000 | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 101 | Connection with water-works or drains without | 10000 | |
| | written permission. | | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
| Section 107 | Prohibition of obstruction or molestation of | Twenty five thousand | |
| | execution of works | rupees and in case of | |
| | | repeated act, may extend | |
| | | to fifty thousand rupees. | |
+------------------+--------------------------------------------------+---------------------------+-------------------------------------------------+
(D) After section 91, the following sections shall be inserted, namely:-
"91A. Adjudication.-
(1) The Board, for the purposes of conducting inquiries and
imposing civil penalties under sections 91 and 107, may appoint
an officer not below the rank of Deputy Director or Joint
Director, having experience of serving as an Executive
Magistrate, to be the Adjudicating Officer.
Provided that the Board may appoint as many adjudicating
officers as may be required.
(2) The Adjudicating Officer may summon any person acquainted
with the facts and circumstances of the case to give evidence or
to produce any document, which in his opinion, may be useful
for, or relevant to the inquiry.
(3) If the Adjudicating Officer is satisfied that the person concerned
is liable under sections 91and 10, may pass an order imposing a
civil penalty.
Provided that no such civil penalty shall be imposed without
giving the person concerned a reasonable opportunity of being
heard.
(4) The Board may by rules prescribe the manner and procedure for
holding an inquiry to determine civil penalties under sub-section
(1).
91B. Appeal.—
(1) The Board may authorise an officer at least one rank higher than
the Adjudicating Officer to act as an Appellate Authority.
(2) Any person aggrieved by an order passed by the Adjudicating
Officer under section 91A, may prefer an appeal within sixty
days from the date of receipt of the order, in such form and
manner as may be prescribed by the Board.
(3) The Appellate Authority may admit an appeal after the expiry of
the said period of sixty days, if the appellant satisfies the
Appellate Authority that he had sufficient cause for not
preferring the appeal within that period.
(4) The Appellate Authority may, after giving the parties to the
appeal an opportunity of being heard, pass such an order as he
may deem fit.
(5) An appeal under sub-section (2) shall be disposed of within sixty
days from the date of filing.
(6) The amount of civil penalty imposed under section 91A or this
section, if not paid, may be recovered as an arrear of land
revenue.
(E) For section 92, the following section shall be substituted, namely:-
"92. Cognizance. The provisions of this Act, insofar as they relate to
the imposition of civil penalties, shall be in addition to, and not in
derogation of, the provisions of any other law for the time being in
force; and nothing contained in this Act shall exempt any person from
any criminal proceedings under any such other law, where the act,
omission, or conduct that is not punishable under this Act constitutes
an offence under that other law.
Provided that no court shall take cognizance of any offence alleged to
have been committed under any such other law, where the alleged act,
omission, or conduct arises from the provisions of this Act, except upon
a written complaint made by the Chief Executive Officer or by an
officer authorised by the Board in this behalf."
(F) For section 93, the following section shall be substituted, namely:-
"93. Power to compound or withdraw.-
The complaint filed under section 92 of the Act, may be withdrawn or
compounded only with the prior approval of the Board."
(G) Section 94 will be omitted.
+-------+------+-----+----------------------------------------------------------+
| 7. | 2007 | 8 | The Delhi Professional Colleges or Institutions |
| | | | (Prohibition of Capitation Fee, Regulation of Admission, |
| | | | Fixation of Non-exploitative Fee and Other Measures to |
| | | | ensure equity and excellence) Act, 2007 |
+-------+------+-----+----------------------------------------------------------+
Amendments
(A) In section 4, in sub-section (17), in clause (d), for the words, figures and
brackets "section 193 and 228 and for the purposes of section 196 of
the Indian Penal Code, 1860 (43 of 1860).", the words, figures and
brackets "sections 229 and 267 and for the purposes of section 233 of
the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)." shall be substituted.
(B) In section 6, in sub-section (16), in clause (d), for the words, figures and
brackets "section 193 and 228 and for the purposes of section 196 of
the Indian Penal Code, 1860 (43 of 1860).", the words, figures and
brackets "sections 229 and 267 and for the purposes of section 233 of
the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)." shall be substituted.
(C) In section 5, in sub-section (2), the word "penal" shall be omitted.
(D) In section 18,-
(ii) in the marginal heading, for the words "Offences and Penalties,"
the word "Contraventions and Civil Penalties" shall be
substituted.
for the words "on conviction, be punishable with imprisonment
for a term which may extend to three years, or with fine which
may extend to one crore rupees, or with both.", the words "be
liable to a civil penalty which may extend to three crore rupees."
shall be substituted.
(E) After section 18, the following sections shall be inserted, namely:-
"18A. Adjudication-
(1) The Government, for the purposes of conducting inquiries and
imposing civil penalties under section 18, may appoint an officer
not below the rank of Director (Higher Education), Government
of National Capital Territory of Delhi to be the Adjudicating
Officer.
Provided that the Government may appoint as many adjudicating
officers as may be required.
(2) The Adjudicating Officer may summon any person acquainted
with the facts and circumstances of the case to give evidence or
to produce any document, which in his opinion, may be useful for,
or relevant to the inquiry.
(3) If the Adjudicating Officer is satisfied that the person concerned
is liable under section 18, may pass an order imposing a civil
penalty.
Provided that no such civil penalty shall be imposed without
giving the person concerned a reasonable opportunity of being
heard.
(4) The Government may by rules prescribe the manner and
procedure for holding an inquiry to determine civil penalties
under sub-section (1).
18B. Appeal.—
(1) The Government may authorise an officer at least one rank higher
than the Adjudicating Officer to act as an Appellate Authority.
(2) Any person aggrieved by an order passed by the Adjudicating
Officer under section 18A, may prefer an appeal within sixty days
from the date of receipt of the order, in such form and manner as may
be prescribed by the State Government.
(3) The Appellate Authority may admit an appeal after the expiry of
the said period of sixty days, if the appellant satisfies the Appellate
Authority that he had sufficient cause for not preferring the appeal
within that period.
(4) The Appellate Authority may, after giving the parties to the
appeal an opportunity of being heard, pass such an order as he
may deem fit.
(5) An appeal under sub-section (2) shall be disposed of within sixty
days from the date of filing.
(6) The amount of civil penalty imposed under section 18A or this
section, if not paid, may be recovered as an arrear of land
revenue."
(F) Sections 19 to 20 shall be omitted.
+-------+------+-----+----------------------------------------------------------+
| 8. | 2007 | 7 | The Delhi Diploma Level Technical Education Institutions |
| | | | (Prohibition of Capitation Fee, Regulation of Admission, |
| | | | Fixation of Non-exploitative Fee and Other Measures to |
| | | | ensure equity and excellence) Act, 2007 |
+-------+------+-----+----------------------------------------------------------+
Amendments
(A) In section 4, in sub-section (17), in clause (d), for the words, figures and
brackets "section 193 and 228 and for the purposes of section 196 of
the Indian Penal Code, 1860 (43 of 1860).", the words, figures and
brackets "sections 229 and 267 and for the purposes of section 233 of
the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)." shall be substituted.
(B) In section 6, in sub-section (16), in clause (d), for the words, figures and
brackets "section 193 and 228 and for the purposes of section 196 of
the Indian Penal Code, 1860 (43 of 1860).", the words, figures and
brackets "sections 229 and 267 and for the purposes of section 233 of
the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)." shall be substituted.
(C) In section 5, in sub-section (2), the word "penal" shall be omitted.
(D) In section 18,-
(ii) in the marginal heading, for the word "Offences and Penalties",
the word "Contraventions and Civil Penalties" shall be
substituted.
for the words "on conviction, be punishable with imprisonment
for a term which may extend to three years, or with fine which
may extend to one crore rupees, or with both.", the words "be
liable to a civil penalty which may extend to three crores rupees."
shall be substituted.
(E) After section 18, the following sections shall be inserted, namely:-
"18A. Adjudication.-
(1) The Government, for the purposes of conducting inquiries and
imposing civil penalties under section 18, may appoint an officer
not below the rank of Director (Higher Education), Government
of National Capital Territory of Delhi to be the Adjudicating
Officer.
Provided that the Government may appoint as many adjudicating
officers as may be required.
(2) The Adjudicating Officer may summon any person acquainted
with the facts and circumstances of the case to give evidence or
to produce any document, which in his opinion, may be useful for,
or relevant to the inquiry.
(3) If the Adjudicating Officer is satisfied that the person concerned
is liable under section 18 may pass an order imposing a civil
penalty.
Provided that no such civil penalty shall be imposed without
giving the person concerned a reasonable opportunity of being
heard.
(4) The Government may by rules prescribe the manner and
procedure for holding an inquiry to determine civil penalties
under sub-section (1).
18B. Appeal.—
(1) The Government may authorise an officer at least one rank higher
than the Adjudicating Officer to act as an Appellate Authority.
(2) Any person aggrieved by an order passed by the Adjudicating
Officer under section 18A, may prefer an appeal within sixty days
from the date of receipt of the order, in such form and manner as may
be prescribed by the State Government.
(3) The Appellate Authority may admit an appeal after the expiry of
the said period of sixty days, if the appellant satisfies the Appellate
Authority that he had sufficient cause for not preferring the appeal
within that period.
(4) The Appellate Authority may, after giving the parties to the
appeal an opportunity of being heard, pass such an order as he
may deem fit.
(5) An appeal under sub-section (2) shall be disposed of within sixty
days from the date of filing.
(6) The amount of civil penalty imposed under section 18A or this
section, if not paid, may be recovered as an arrear of land
revenue."
(F) Sections 19 to 20 shall be omitted.
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