A Bill to amend certain enactments for decriminalising and rationalising minor offences

to further enhance trust-based governance for ease of living and doing business.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Jan Vishwas (Amendment of Provisions) Act, 2022.

(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 relating

to different enactments mentioned in the Schedule to this Act.

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 fine

or penalty, as the case may be, prescribed therefor, after the expiry of every three years from

the date of commencement of this Act.

Short title and

commencement.

Amendment

of certain

enactments.

BILL NO. 299 OF 2022

Revision of

fines and

penalties.

vlk/kkj.k

EXTRAORDINARY

Hkkx II — [k.M 2

PART II — Section 2

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PUBLISHED BY AUTHORITY

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No. 28]

NEW DELHI, THURSDAY, DECEMBER 22, 2022/PAUSA 1, 1944 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA

Separate paging is given to this Part in order that it may be filed as a separate compilation.

xxxGIDHxxx

xxxGIDExxx

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—21

REGISTERED NO. DL—(N)04/0007/2003—21

LOK SABHA

————

The following Bill was introduced in Lok Sabha on 22nd December, 2022:—

सी.जी.-डी.एल.-अ.-10012023-241818

CG-DL-E-10012023-241818

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

4. The amendment by this Act of any enactment shall not affect any other enactment

in which the amended 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 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;

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 any

manner affirmed, or recognised or derived by, in or from any enactment hereby amended;

nor shall the amendment 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.

Year

No.

Short title

Amendments

No.

(1)

(2)

(3)

(4)

(5)

1867

The Press and

(A) In section 8C,—

Savings.

(i) in sub-section (1), after the words,

figure and letter "declaration under section

8B", the words, figures and letter "or an

order by the Press Registrar suspending or

cancelling the certificate of registration

under section 12 or imposing penalties

under section 13 or under section 19K" shall

be inserted;

(ii) in sub-section (2), after the words

"records from the Magistrate", the words

"or from the Press Registrar, as the case

may 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 the

certificate of registration of a newspaper

for 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 if

a newspaper publishes less than half

of its issues, as are required to be

published under rule (6) of section 5,

Registration of

Books Act, 1867

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

such newspaper shall be deemed to

have failed to publish continuously;

(b) the publisher of a

newspaper has given false particulars

in the annual statement; or

newspaper has failed to furnish the

annual statement within two years

from the end of the financial year for

which the annual statement was to

be furnished.

(2) The Press Registrar may, by order,

cancel the certificate of registration where—

(i) a newspaper has ceased

publication for a period exceeding

twenty-four months;

(ii) the publisher of a

newspaper fails to furnish the annual

statement even after the expiry of the

period during which the certificate of

registration was suspended under

sub-clause (c) of sub-section (1);

(iii) the registration was

obtained on false representation or

on concealment of any material fact;

(iv) the title of the newspaper

bears the same or similar title already

held by any other owner of a

newspaper either in the same

language anywhere in India or in any

other language in the same State or

Union territory administration.

(3) No order for suspension or

cancellation of certificate of registration

shall be made under this section, without

giving an opportunity of being heard to the

publisher or owner of the newspaper, as the

case may be.

(4) A copy of order of suspension or

cancellation passed under this section shall

be made available to the Central Government

or the State Government or the Union

territory administration, as the case may be,

and to the Magistrate.

13.

Penalty

for

certain

contraventions.—The Press Registrar may

impose a penalty—

(1)

(2)

(3)

(4)

(5)

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(i) not exceeding ten thousand

rupees where the publisher prints or

publishes any book or paper

otherwise than in conformity with the

provisions contained in section 3;

(ii) not exceeding ten thousand

rupees where the keeper of the press

fails to make and subscribe the

declaration in conformity with the

provisions contained in section 4;

(iii) not exceeding twenty

thousand rupees where the publisher

fails to furnish the annual statement

as required under clause (a) of section

19D within one year from the end of

the financial year in respect of which

the annual statement was required to

be furnished;

(iv) not exceeding twenty

thousand rupees where a person who

has ceased to be a printer or publisher

of any newspaper fails or neglects to

make a declaration in compliance with

the provisions of section 8;

(v) not exceeding two thousand

rupees for not delivering books or not

supplying printer with maps referred

to in section 9;

(vi) not exceeding two

thousand rupees where any printer

of a newspaper neglects to deliver

copies of the newspaper in

compliance with the provisions of

sections 11A and 11B.".

(D) For section 19K, the following section

shall be substituted, namely:—

"19K. Penalty for contravention of

section 19D or section 19E.—If the publisher

of any newspaper—

(a) refuses or neglects to

comply with the provisions of

clause (b) of section 19D or section

19E;

(1)

(2)

(3)

(4)

(5)

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) publishes in the newspaper

in pursuance of clause (b) of

section 19D any particulars relating

to the newspaper which he has

reason to believe to be false,

he shall be punishable with penalty not

exceeding ten thousand rupees.".

(E) Section 19L shall be omitted.

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,".

(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 either

without any such certificate or order

being in force or at a higher pressure

than that allowed thereby;

(b) uses or permits to be used a

boiler which has been transferred

from one State to another without

such transfer having been reported

as required under clause (b) of

section 6;

number allotted to the boiler under

this Act to be permanently marked on

the boiler as required under

sub-section (6) of section 7,

shall be liable for fine which may extend to

one lakh rupees, and in the case of a

continuing offence, with an additional fine

which may extend to one thousand rupees

for every day during which such offence

continues.".

(1)

(2)

(3)

(4)

(5)

1898

The Indian Post

Office Act, 1898

1923

The Boilers

Act, 1923

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

shall be omitted.

(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;

(b) causes any damage

by negligence in felling any tree

or cutting or dragging any

timber,

shall be liable to pay fine which may

extend to five hundred rupees in

addition to such compensation for

damage done to the forest as the

convicting Court may direct to be

paid.".

(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 commits

any of the following offences,

namely:—

(a) leaves burning any

fire kindled by him in the

vicinity of any tree reserved

under section 30, whether

standing, 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;

damage any such tree,

shall be liable to pay fine which may

extend to five hundred rupees.".

(A) In section 3, in sub-section (2), after

clause (g), the following clauses shall be inserted,

namely:—

"(ga) holding inquiry to impose

penalty under sub-section (1) of section 5C;

(gb) preferring appeal under sub-

section (1) of section 5D;".

(1)

(2)

(3)

(4)

(5)

1927

The Indian Forest

Act, 1927

1937

The Agricultural

Produce (Grading

and Marking)

Act, 1937

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(B) In section 4, for the words

"imprisonment for a term not exceeding six months

and fine not exceeding five thousand rupees", the

words "penalty of five lakh rupees" shall be

substituted.

"imprisonment for a term not exceeding three years

and fine not exceeding five thousand rupees", the

words "penalty of eight lakh rupees" shall be

substituted.

(D) In section 5A, for the words

"imprisonment for a term not exceeding six months

and fine not exceeding five thousand rupees", the

words "penalty of three lakh rupees" shall be

substituted.

(E) In section 5B, in sub-section (4), for the

words "imprisonment for a term not exceeding six

months and fine not exceeding five thousand

rupees", the words "penalty of five lakh rupees"

shall be substituted.

(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 under sections

4, 5, 5A and 5B, appoint an officer not below

the rank of Deputy Secretary to the

Government of India or an officer not below

the rank of Deputy Secretary to the State

Government, to be adjudicating officer to

hold an inquiry in the manner, as may be

prescribed and to impose penalty:

Provided that the Central Government

may appoint as many adjudicating officers

as 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 evidence

or 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

(1)

(2)

(3)

(4)

(5)

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

failed to comply with the provisions of

sections 4, 5, 5A and 5B, he may impose

penalty:

Provided that no such penalty shall

be imposed without giving the person

concerned an opportunity of being heard

in the matter.

5D. Appeal.—(1) Any person

aggrieved by the order, passed by the

adjudicating officer under section 5C may

prefer an appeal to the Agricultural

Marketing Adviser, Government of India

within thirty days from the date on which

the copy of the order made by the

adjudicating officer is received by the

aggrieved person in such manner as may

be prescribed.

(2) The Agricultural Marketing

Adviser may, after giving the parties to the

appeal an opportunity of being heard, pass

such order as he may thinks fit, confirming,

modifying or setting aside the order

appealed against.

(3) The Agricultural Marketing

Adviser referred to in sub-section (1) shall

dispose of the appeal within sixty days from

the date of filing the appeal.

5E. Recovery.—Notwithstanding

anything contained in this Act, if penalty

imposed by adjudicating officer under

section 5C or ordered by the Agricultural

Marketing Adviser under section 5D, as the

case may be, is not deposited, the amount

shall be recovered as an arrears of land

revenue.".

(A) In section 30, in sub-section (2), for the

words "imprisonment which may extend to two

years, 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"

shall be substituted.

(B) 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)

1940

The Drugs and

Cosmetics

Act, 1940

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

1944

The Public Debt

Section 27 shall be omitted.

Act, 1944

(1)

(2)

(3)

(4)

(5)

The Rubber

Act, 1947

1947

(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 words

"penalty which may extend to one lakh rupees or

cancellation of licence issued under section 14, or

with both." shall be substituted.

(B) In section 13, sub-section (3) shall be

omitted.

long line, for the words "punishable with

imprisonment for a term which may extend to one

year, or with fine which may extend to five

thousand rupees, or with both", the words "liable

to pay penalty which may extend to fifty thousand

rupees" shall be substituted.

(A) In section 26A, in sub-section (3), for

the words "with imprisonment for a term which

may extend to six months, or with fine not

exceeding one thousand rupees or with both",

the words "on first conviction with fine which

may extend to one lakh rupees and on subsequent

conviction with fine not exceeding two lakh

rupees" shall be substituted.

(B) 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 of

the State claims that it is so entered or uses

in connection with his name or title any

words or letters reasonably calculated to

suggest that his name is so entered, he shall

be punishable on first conviction with fine

which may extend to fifty thousand rupees

and on subsequent conviction with fine not

exceeding one lakh rupees:

Provided that it shall not be an

offence 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.".

words "imprisonment for a term which may extend

to six months, or with fine not exceeding one

thousand rupees or with both", the words "fine

which may extend to one lakh rupees and on

subsequent conviction with fine not exceeding

two lakh rupees" shall be substituted.

1948

The Pharmacy

Act, 1948

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(A) In section 24, in sub-section (1), for the

long line, the following long line shall be

substituted, namely:—

"he shall be punishable with fine which

may extend to twenty-five lakh rupees.".

(B) Section 24A shall be omitted.

(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 of

proving which shall be on such

person) alters or tampers in any

way any film after it has been

certified, he shall be punishable

with imprisonment for a term

which may extend to three

years or with fine which shall

not be less than ten lakh

rupees, or with both;

(b) exhibits or permits to

be exhibited in any place, any

film—

(i) which has

not been certified by

the Board;

(ii)

which,

when exhibited does

not

display

the

prescribed mark of

the Board;

(iii)

which,

when

exhibited

displays a mark of the

Board which has

since been altered or

tampered with after

the mark has been

affixed,

he shall be punishable with

imprisonment for a term which

may extend to three years or

with fine which may extend to

ten lakh rupees, or with both

and with a further fine which

may extend to one lakh rupees

for each day during which the

offence continues;

(1)

(2)

(3)

(4)

(5)

10.

1951

The Industries

(Development

and Regulation)

Act, 1951

11.

1952

The Cinematograph

Act, 1952

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

be exhibited in any place, a

video film in contravention of

the 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 which

may extend to ten lakh rupees,

or with both, and with a further

fine which may extend to one

lakh rupees for each day during

which the offence continues;

(d) exhibits or permits to

be exhibited any film, which has

been certified by the Board as

‘‘A’’ within the meaning of this

Act to any minor, such person

shall be liable to a penalty not

exceeding ten thousand rupees

per person for every such

exhibition, levied by the

authorised officer in such

manner as may be prescribed;

(e) exhibits or permits to

be exhibited any film, which has

been certified by the Board as

‘‘S’’ within the meaning of this

Act, to a person who is not a

member of such profession or

class, shall be liable to a penalty

not exceeding ten thousand

rupees per person for every

such 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 by

the Board in the exercise of any

of the powers or functions

conferred on it by this Act or

the rules made thereunder, he

shall be liable to a penalty not

exceeding five lakh rupees,

levied by the authorised officer

and in such manner as may be

prescribed:

Provided that notwithstanding

anything contained in section 29 of

the Code of Criminal Procedure, 1973

(2 of 1974), it shall be lawful for any

Metropolitan Magistrate, or any

Judicial Magistrate of the First Class

specially empowered by the State

Government in this behalf, to pass a

(1)

(2)

(3)

(4)

(5)

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

sentence of fine exceeding five

thousand rupees on any person

convicted of any offence punishable

under this Part under clauses (a)

to (c):

Provided further that no

distributor or exhibitor or owner or

employee of a cinema house shall be

liable

punishment

for

contravention of any condition of

endorsement of caution on that has

been certified as "UA" under this

Part.’;

(ii) after sub-section (3), the following

sub-section shall be inserted, namely:—

"(4) Any person aggrieved by

any penalty imposed under clauses

(d) to (f) of sub-section (1), may prefer

an appeal in such manner and to such

appellate authority as may be

prescribed.".

(B) In section 8, in sub-section (2), after

clause (c), the following clauses shall be inserted,

namely:—

"(ca) 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;

(cb) the manner of preferring

appeal and appellate authority under

sub-section (4) of section 7;".

thousand rupees and, in the case of a continuing

offence, with a further fine which may extend to

one hundred rupees for each day during which

the offence continues", the words "one lakh

rupees and, in the case of a continuing offence,

with a further fine which may extend to ten

thousand rupees for each day during which the

offence continues" shall be substituted.

Sections 38 to 42 shall be omitted.

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:—

(1)

(2)

(3)

(4)

(5)

12.

1953

The Tea Act, 1953

13.

1957

The Copyright

Act, 1957

14.

1958

The Merchant

Shipping

Act, 1958

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Serial

Offences Section of

Penalties

No.

this Act to

which

offence

has

reference

"Penalty which

may extend to

two lakh

rupees."

"Penalty which

may extend to

two lakh

rupees."

"Penalty which

may extend to

two lakh

rupees."

"Penalty which

may extend to

two lakh

rupees."

"Penalty which

may extend to

fifty thousand

rupees."

57(a)

"He shall be

liable to

forfeit all or

any part of

the property

he leaves on

board and of

the wages he

has then

earned and

also if the

desertion

takes place at

any place not

in India, to

forfeit all or

any part of

the wages

which he may

earn in any

other ship in

which he may

be employed

until his next

(1)

(2)

(3)

(4)

(5)

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

return to

India, and to

satisfy any

excess of

wages paid

by the master

or owner of

the ship from

which he

deserts to any

substitute

engaged in

his place at a

higher rate of

wages than

the rate

stipulated to

be paid to

him;"

57(b)

"he shall, if the

contravention

does not

amount to

desertion, be

liable to

forfeit out of

his wages a

sum not

exceeding

two days' pay

and in

addition for

every twenty-

four hours of

absence either

a sum not

exceeding six

days' pay or

any expense

properly

incurred in

hiring a

substitute."

(iv) clause 194(d)

"imprisonment

(d) of

which may

section 194;

extend to three

months, or fine

which may

extend to five

hundred rupees,

or both;"

(1)

(2)

(3)

(4)

(5)

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(iva) clause 194(e)

"imprisonment

(e) of

which may

section 194

extend to one

month, and

also for every

twenty-four

hours of such

disobedience

or neglect or

forfeiture out

of his wages

of a sum not

exceeding six

days' pay or

any expenses,

which may

have been

properly

incurred in

hiring a

substitute."

"Penalty which

may extend to

one lakh

rupees."

"Penalty which

may extend to

two lakh

rupees."

66(a)

"Penalty which

may extend

to two lakh

rupees."

"Penalty which

may extend to

fifty thousand

rupees."

"Penalty which

may extend to

two lakh rupees."

"Penalty which

may extend to

one lakh rupees

for the first

offence and five

lakh rupees for

every

subsequent

offence."

(1)

(2)

(3)

(4)

(5)

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

108B

"The master or

owner or agent

shall be liable to

penalty which

may extend to

five lakh rupees

and the ship may

also be detained."

108E (a)

"Penalty which

may extend to

five lakh rupees

and the ship may

also be detained."

108E (b)

"Penalty which

may extend to

five lakh rupees

and the ship may

also be detained."

109

"Penalty which

may extend to

five lakh

rupees."

115D (ii)

"the offender

shall be liable

to penalty which

may extend to

fifty thousand

rupees."

133

"Penalty which

may extend to

one lakh rupees

and the vessel

may also be

detained."

135

"Penalty which

may extend to

fifty thousand

rupees."

137

"Penalty which

may extend to

one lakh rupees

and the vessel

may also be

detained."

137J

"Penalty which

may extend to

one lakh rupees

and the vessel

may also be

detained."

(1)

(2)

(3)

(4)

(5)

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(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 Act shall be imposed by the

Principal Officer of the Mercantile

Marine Department:

Provided that no penalty under

this section shall be imposed unless

the parties have been given a

reasonable opportunity of being

heard.

(4) Any person aggrieved by

an order of the Principal Officer

referred to in 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 and manner as the

Central Government may prescribe.

(5) The Director-General may,

after giving the parties an opportunity

of being heard, within a period of

thirty days from the date of receipt of

the appeal under sub-section (4),

pass appropriate order.

(6)Any contravention of the

provisions of this Act for which

penalty has been prescribed may be

compounded

for

the

first

contravention by the Principal Officer

referred to in sub-section (3) or such

other officer as may be notified by

the Central Government in the Official

Gazette, in this behalf:

Provided that where any such

contravention has been compounded,

the sum shall not, in any case, exceed

the maximum amount of the penalty

which may be imposed for such

contravention.".

(B) After section 436, the following section

shall be inserted, namely:—

"436A. Power to make rules.—The

Central Government may, subject to the

condition of previous publication, make

rules prescribing form and manner of appeal

against the order of the Principal Officer of

the Mercantile Marine Department under

sub-section (4) of section 436.".

In section 47, in sub-section (2),—

(i) for the words "punishable with a

fine which may extend to two thousand

rupees", the words "liable to a penalty

which may extend to one lakh fifty

thousand rupees" shall be substituted;

(1)

(2)

(3)

(4)

(5)

15.

1961

The Deposit

Insurance and

Credit Guarantee

Corporation

Act, 1961

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(ii) for the words "fine which may

extend to one hundred rupees", the words

"penalty which may extend to seven

thousand five hundred rupees" shall be

substituted;

(iii) after sub-section (2), the

following sub-sections shall be inserted,

namely:—

"(3) For the purpose of

adjudging the penalty under

sub-section (2), the Corporation shall

serve notice on the person requiring

it to show cause why the amount

specified in the notice should

not be imposed and a reasonable

opportunity of being heard shall also

be given to such person.

(4) Any penalty imposed by

the Corporation under this section

shall be payable within a period of

fourteen days from the date on which

notice issued by the Corporation

demanding payment of the sum is

served on the person and in the event

of failure of the person to pay the sum

within such period, may be levied on

a direction made by the principal civil

court having jurisdiction in the area

where the person is situated:

Provided that no direction shall

be made except on an application

made to the court by the Corporation

or any officer authorised by it in this

behalf.

(5) The court which makes a

direction under sub-section (4) shall

issue a certificate specifying the sum

payable by the person 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.".

Section 38 shall be omitted.

Section 41 shall be omitted.

(A) In section 120, for the words "he shall

be punishable with fine which may extend to one

lakh rupees", the words "he shall pay, by way of

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 the

(1)

(2)

(3)

(4)

(5)

16.

1962

The Warehousing

Corporations

Act, 1962

17.

1964

The Food

Corporations

Act, 1964

18.

1970

The Patents

Act, 1970

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

first during which such claim continues" shall be

substituted.

(B) Section 121 shall be omitted.

(i) in sub-section (1), for the long line,

the following long line shall be substituted,

namely:—

"he shall pay, by way of penalty which

may extend to one lakh rupees, and in case

of the continuing refusal, a further penalty

of one thousand rupees for every day after

the first during which such refusal

continues.";

(ii) in sub-section (2), for the words

"he shall be punishable with imprisonment

which may extend to six months, or with

fine, or with both", the words "he shall be

punishable with penalty which shall not be

less than twenty-five lakh rupees" 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 subsequent

offence", the words "he shall pay, by way of

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 section

shall be inserted, namely:—

"124A. Adjudication of penalties.—

(1) The Controller may, by an order, impose

penalty on a person stating therein any

contravention or default under the

provisions of this Act, in the manner as may

be prescribed.

(2) The Controller shall, before

imposing any penalty, give a reasonable

opportunity of being heard to the person

who is in default.

(3) Where the person fails to comply

with the order made under sub-section (1),

within a period of ninety days from the date

of the receipt of the order, the person shall

be punishable with imprisonment for a term

which may extend to one year, or with fine

which shall not be less than twenty-five

thousand rupees, but which may extend to

five lakh rupees, or with both.".

(1)

(2)

(3)

(4)

(5)

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(F) In section 159, in sub-section (2), after

clause (xiii), the following clause shall be inserted,

namely:—

"(xiiia) the manner of imposing

penalty under sub-section (1) of section

124A;".

(A) In section 20, in sub-section (3), for the

words "be punishable with imprisonment for a term

which may extend to one year, or with fine, or with

both", the words "be liable to pay penalty not

less than ten thousand rupees or not exceeding

twice the value of goods, whichever is higher, in

respect of which such order has been made" shall

be substituted.

(B) In section 23, for the words "punishable

with fine which may extend to five hundred

rupees", the words "liable to pay penalty which

may extend to ten thousand rupees" shall be

substituted.

sections shall be substituted, namely:—

"24. Penalties for obstructing a

member or officer of Authority in the

discharge of his duties and for failure to

produce books and records.—Any person

who—

(a) obstructs any member

authorised by the Chairman in writing

or any officer or other employee of

the Authority authorised by it in this

behalf or any person authorised in

this behalf by the Central Government

or by the Authority, in the exercise of

any power conferred, or in the

discharge of any duty imposed, on

him by or under this Act, shall be

punishable with imprisonment for a

term which may extend to six months,

or with fine which may extend to one

thousand rupees, or with both;

(b) having control over or

custody of any account book or other

record, fails to produce such book or

record when required to do so by or

under this Act, shall be liable to pay

penalty which may extend to ten

thousand rupees.

25. Other penalties.—Whoever

contravenes or attempts to contravene or

abets the contravention of the provisions

of this Act or of any rules made thereunder

other than the provisions, punishment for

the contravention whereof has been

provided for in sections 20, 23 and 24, shall

(1)

(2)

(3)

(4)

(5)

19.

1972

The Marine

Products Export

Development

Authority

Act, 1972

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

be liable to pay a penalty not less than ten

thousand rupees, or not exceeding an

amount equivalent to the value of goods,

whichever is higher, in respect of which

such order has been made, and in case of a

continuing contravention as aforesaid, a

penalty of not less than fifty thousand

rupees, or not exceeding an amount

equivalent to twice the value of goods,

whichever is higher, in respect of which

such order has been made.".

In section 10,—

(i) in sub-section (1), for the words

"punishable with imprisonment for a term

which may extend to three years, or with

fine, or with both", the words "punishable

with fine" shall be substituted;

(ii) in sub-section (2), for the words

"punishable with imprisonment for a term

which may extend to three years, or with

fine, or with both", the words "punishable

with fine" shall be substituted;

(iii) in sub-section (3), for the words

"punishable with imprisonment for a term

which may extend to three years, or with

fine, or with both", the words "punishable

with fine" shall be substituted.

(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 air

pollution control area unless the previous

consent of the State Board has been

obtained in pursuance of an application

made by such person in accordance with

the provisions of this section:

Provided that the Central Government

may in consultation with the Central

Pollution Control Board, by notification in

the Official Gazette, exempt certain

categories of industrial plants from the

application 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

section 21, the Central Government in

consultation with the Central Board, may,

by notification in the Official Gazette, issue

guidelines on the matters relating to the

grant, refusal or cancellation of consent by

(1)

(2)

(3)

(4)

(5)

20.

1978

The High

Denomination

Bank Notes

(Demonetisation)

Act, 1978

21.

1981

The Air

(Prevention and

Control of

Pollution)

Act, 1981

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

any State Board to establish or operate any

industrial plant in an air pollution control

area, including the mechanism for time

bound disposal of the application made

under section 21 or validity 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 the

guidelines issued under sub-section (1).".

sections shall be substituted, namely:—

'37. Failure to comply with provisions

of section 22 or directions issued under

section 31A.— (1) Whoever contravenes

or does not comply with the provisions of

section 22 or directions issued under section

31A, shall, in respect of each such

contravention or non-compliance, be liable

to pay penalty which shall not be less than

ten thousand rupees, but which may extend

to fifteen lakh rupees.

(2) Where any person continues

contravention or non-compliance under

sub-section (1), he shall be liable to pay an

additional penalty of ten thousand rupees

every day during which such contravention

continues.

38. Penalties for certain acts.—(1)

Whoever—

(a) destroys, pulls down,

removes, injures or defaces any pillar,

post or stake fixed in the ground or

any notice or other matter put up,

inscribed or placed, by or under the

authority of the Board;

(b) obstructs any person acting

under the orders or directions of the

Board from exercising his powers and

performing his functions under this

Act;

property belonging to the Board;

(d) fails to furnish to the Board

or any officer or other employee of the

Board any information required by the

Board or such officer or other employee

for the purposes of this Act;

(1)

(2)

(3)

(4)

(5)

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(e) fails to intimate the

occurrence of the emission of air

pollutants into the atmosphere in

excess of the standards laid down by

the State Board or the apprehension

of such occurrence, to the State

Board and other prescribed

authorities or agencies as required

under sub-section (1) of section 23;

(f) fails in giving any information

which he is required to give under this

Act, makes a statement which is false

in any material particular,

shall be liable to pay penalty which shall

not be less than ten thousand rupees, but

which may extend to fifteen lakh rupees.

(2) Where any person continues

contravention or non-compliance under

sub-section (1), he shall be liable to pay an

additional penalty of ten thousand rupees

every day during which such contravention

continues.

38A. Penalty for contravention by

Government Department.—(1) Where

contravention of any provision of this Act

has been committed by any Department of

the Central Government or the State

Government, the Head of the Department

shall be liable to pay the penalty equal to

one month of his basic salary:

Provided that he shall not be liable

for such contravention, if he proves that

the contravention was committed without

his knowledge or instructions or that he

exercised all due diligence to prevent such

contravention.

(2) Where any contravention under

sub-section (1) is attributable to any neglect

on the part of, any officer, other than the

Head of the Department, the officer shall be

liable to pay the penalty equal to one month

of his basic salary:

Provided that he shall not be liable

for the contravention, if he proves that he

exercised all due diligence to avoid such

contravention.

39. Penalties for contravention of

certain provisions of this Act.—If any

person contravenes any of the provisions

of this Act or any order or direction issued

thereunder, for which no penalty has been

(1)

(2)

(3)

(4)

(5)

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(1)

(2)

(3)

(4)

(5)

provided for in this Act, shall be liable to

pay the penalty which shall not be less than

ten thousand rupees, but which may extend

to fifteen lakh rupees, and where such

contravention continues, he shall be liable

to pay an additional penalty which may

extend to ten thousand rupees every day

during which such contravention continues.

39A. Adjudicating officer.—(1) The

Central Government, for the purposes of

determining the penalties under sections

37, 38 and 39, shall appoint an officer not

below the rank of Joint Secretary to the

Government of India or a Secretary to the

State Government to be the adjudicating

officer, to hold an inquiry and to impose the

penalty in the manner, as may be prescribed:

Provided that the Central Government

may appoint as many adjudicating officers

as 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 evidence

or 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

contravened the provisions of this Act, he

may determine such penalty as he thinks fit

in accordance with the provisions of

sections 37, 38 or 39, as the case may be:

Provided that no such penalty shall

be imposed without giving the person

concerned an opportunity of being heard

in the matter.

(3) The amount of penalty imposed

under the provisions of sections 37, 38 and

39, shall be in addition to the liability to pay

relief or compensation under section 15 read

with section 17 of the National Green

Tribunal Act, 2010 (19 of 2010).

39B. Appeal.—(1) Any person

aggrieved by the order passed by the

adjudicating officer under sections 37, 38

or 39, may prefer an appeal to the National

Green Tribunal established under section 3

of the National Green Tribunal Act, 2010

(19 of 2 010).

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(1)

(2)

(3)

(4)

(5)

(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 officer is received by the

aggrieved person.

(3) The National Green 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 the order appealed against.

(4) Where an appeal is preferred

against any order of the adjudicating officer

under sub-section (1), it shall not be

entertained by the Tribunal unless the

person has deposited with the Tribunal ten

per cent. of the amount of the penalty

imposed by the adjudicating officer.

39C. Penalty amount to be credited to

Environmental Protection Fund.—Where an

adjudicating officer imposes penalty or

additional penalty, as the case may be, under

sections 37, 38 or 39, the amount of such

penalty shall be credited to the

Environmental Protection Fund established

under section 16 of the Environment

(Protection) Act, 1986 (29 of 1986).

39D. Offences for failure to comply

with provisions of section 21 and for failure

to pay penalty.—(1) Whoever fails to

comply with the provisions of section 21,

shall, in respect of each such failure, be

punishable with imprisonment for a term

which shall not be less than one year and

six months but which may extend to six years

and with fine, and in case the failure

continues, with an additional fine which may

extend to fifty thousand rupees for every

day during which such failure continues

after 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, the

offender shall be punishable with

imprisonment for a term which shall not be

less than two years but which may extend

to seven years and with fine.

(3) Where any person fails to pay the

penalty or the additional penalty, as the case

may be, imposed under the provisions of

this Act within ninety days of such

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(1)

(2)

(3)

(4)

(5)

imposition, he shall be punishable with

imprisonment for a term which may extend

to three years, or with fine which may extend

to twice the amount of the penalty or

additional 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 the

offence was committed, was directly in

charge of, and was responsible to, the

company for the conduct of the business

of the company, as well as the company,

shall be deemed to be guilty of such offence

and he shall be liable to be proceeded

against and punished accordingly:

Provided that nothing contained in

this sub-section shall render any such

person liable to any punishment provided

in sub-section (1) or sub-section (2) or

sub-section (3), if he proves that the offence

was committed without his knowledge or

that he exercised all due diligence to prevent

the commission of such offence.

(5) Notwithstanding anything

contained in sub-section (4), where an

offence has been committed by a company

and it is proved that the offence has been

committed 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

deemed to be guilty of that offence and shall

be liable to be proceeded against and

punished accordingly.

Explanation.—For the purposes of

this section,—

(a) "company" includes body

corporate, firm, trust, society and any

other association of individuals;

(b) "director" includes director

of the company, partner of the firm,

members of the society or trust or

member of any association of

individuals, as the case may be.'.

(D) In section 43, in sub-section (1), after

clause (a), the following clause shall be inserted,

namely:—

"(aa) adjudicating officer or any

officer authorised by him in this behalf;".

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(1)

(2)

(3)

(4)

(5)

(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 adjudicating

officer 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 to

furnish any statement or information which,

under the provisions of this Act, it is his

duty to produce or furnish, he shall be liable

to pay a penalty which may extend to one

lakh fifty thousand rupees in respect of each

failure and in the case of a continuing

failure, an additional penalty which may

extend to seven thousand five hundred

rupees for every day during which the

failure continues after the first such failure.

(3) For the purpose of adjudging

penalty under sub-section (2), the National

Bank shall serve notice on the person

requiring it to show cause why the amount

specified in the notice should not be

imposed as a penalty and a reasonable

opportunity of being heard shall also be

given to such person.

(4) Any penalty imposed by the

National Bank under this section shall be

payable within a period of fourteen days

from the date on which notice issued by the

National Bank demanding payment of the

sum is served on the person and, in the

event of failure of the person to pay the

sum within such period, may be levied on a

direction made by the principal civil court

having jurisdiction in the area where the

person is situated:

Provided that no such direction shall

be made to the court by the National Bank

or by any officer authorised by the National

Bank in this behalf.

(5) The court which makes a direction

under sub-section (4) shall issue a certificate

specifying the sum payable by the person

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.

22.

1981

The National Bank

for Agriculture

and Rural

Development

Act, 1981

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(1)

(2)

(3)

(4)

(5)

(6) No complaint shall be filed against

any person in any court in respect of any

contravention or default in respect of which

any penalty has been imposed by the

National Bank under sub-section (2).

(7) Where any complaint has been

filed against any person in any court in

respect of the contravention or default of

the nature referred to in sub-section (1),

then, no proceedings for the imposition of

any penalty on the person shall be initiated

under sub-section (2).".

(A) In section 27, in the long line, for the

words "imprisonment which may extend to six

months, or with fine which may extend to one

thousand rupees, or with both", the words

"penalty which may extend to fifty thousand

rupees and for subsequent offence penalty which

may extend to one lakh rupees" shall be

substituted.

(B) Section 28 shall be omitted.

for a term which may extend to one year, or with

fine which may extend to one thousand rupees, or

with both", the words "penalty which may extend

to fifty thousand rupees and for subsequent

offence penalty which may extend to one lakh

rupees" shall be substituted.

(D) In section 30, for the words "imprisonment

which may extend to six months, or with fine which

may extend to one thousand rupees, or with both

and in the case of a continuing contravention with

an additional fine which may extend to fifty rupees

for every day during which such contravention

continues after conviction for the first such

contravention", the words "penalty which may

extend to fifty thousand rupees and for

subsequent offence penalty which may extend to

one lakh rupees" shall be substituted.

(A) In section 2, after clause (c), the following

clause shall be inserted, namely:—

'(ca) "Fund" means the Environmental

Protection Fund established under section

16;'.

(B) In section 10, for sub-sections (2) to (4),

the following sub-sections shall be substituted,

namely:—

23.

1986

The Spices

Board Act, 1986

24.

1986

The Environment

(Protection)

Act, 1986

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

"(2) Every person carrying on any

industry, operation or process of handling

any hazardous substance shall render

assistance, as may be required, to the person

empowered by the Central Government

under sub-section (1) for carrying out the

functions under that sub-section and if he

fails to do so without any reasonable cause,

he shall be liable to pay the penalty provided

under section 14B.

(3) If any person wilfully delays or

obstructs any person empowered by the

Central Government under sub-section (1)

in the performance of his functions under

sub-sections (1) or (2), he shall be liable to

pay the 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 or

seizure under this section as they apply to

any search or seizure made under the

authority of a warrant issued under

section 94 of that Code.".

shall be inserted, namely:—

"14A. Penalty for contravention of

section 7 or section 8.—(1) If any person,

contravenes provisions of section 7 or

section 8 or the rules made thereunder, he

shall be liable to pay the penalty in

respect of each such contravention or

non-compliance, which shall not be less

than one lakh rupees but which may extend

to fifteen lakh rupees.

(2) Where any person continues

contravention or non-compliance under

sub-section (1), he shall be liable to pay an

additional penalty of fifty thousand rupees

for every day during which such

contravention continues.

14B. Penalty for contravention of

sections 9, 10 and 11.—(1) If any person

contravenes or does not comply with

the provisions of section 9, section 10 or

section 11 or orders or directions issued

under those sections, he shall be liable to

pay penalty in respect of each such

contravention or non-compliance which

shall not be less than ten thousand rupees

but which may extend to five lakh rupees.

(1)

(2)

(3)

(4)

(5)

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) Where any person continues

contravention or non-compliance under

sub-section (1), he shall be liable to pay an

additional penalty of ten thousand rupees

for every day during which 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 and

directions.—(1) Where any person

contravenes or does not comply with any

of the provisions of this Act or the rules

made or orders or directions issued

thereunder for which no penalty is provided,

he shall be liable to pay the penalty in

respect of each such contravention or

non-compliance which shall not be less than

five thousand rupees but which may extend

to fifteen lakh rupees.

(2) Where any person continues

contravention or non-compliance under

sub-section (1), he shall be liable to pay an

additional penalty of 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 this

Act, the company shall be liable to pay the

penalty for each such contravention which

shall not be less than one lakh rupees but

which may extend to fifteen lakh rupees.

(2) Where any company continues

contravention or non-compliance under

sub-section (1), the company shall be liable

to pay an additional penalty of one lakh

rupees for every day during which such

contravention continues.

15B. Penalty for contravention by

Government Department.—(1) Where

contravention of any of the provisions of

this Act has been committed by any

Department of the Central Government or

the State Government, the Head of the

Department shall be liable to pay the penalty

equal to one month of his basic salary:

Provided that he shall not be liable

for such contravention, if he proves that

the contravention was committed without

his knowledge or instructions or that he

(1)

(2)

(3)

(4)

(5)

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

exercised all due diligence to prevent such

contravention.

(2) Where any contravention under

sub-section (1) is attributable to any neglect

on the part of, any officer, other than the

Head of the Department, the officer shall be

liable to pay the penalty equal to one month

of his basic salary:

Provided that he shall not be liable

for the contravention, if he proves that he

exercised all due diligence to avoid such

contravention.

15C. Adjudicating Officer.—(1) The

Central Government, for the purposes of

determining the penalties under this Act,

may appoint an officer not below the rank

of Joint Secretary to the Government of

India or a Secretary to the State Government

to be the adjudicating officer, to hold an

inquiry and to impose the penalty in the

manner, as may be prescribed:

Provided that the Central Government

may appoint as many adjudicating officers

as may be required.

(2) The adjudicating officer may—

(a) call upon any person alleged

to have contravened or not complied

with the provisions of this Act and

the rules made thereunder or having

the knowledge of the facts and

circumstances of the case;

(b) require such person to produce

any record, register or other

document in his possession or any