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Gazette of DNH And DD · Dadra And Nagar Haveli And Daman And Diu Administration

Gazette of DNH And DD, No. 115, 03 September 2025

Published 03 September 2025

Type
Extraordinary
Gazette no.
115
Identifier
in.gazette.dadranagarhaveli.2025-09-03.extraordinary-115
Languages
English, Hindi, Gujarati
Published at
Original source ↗

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भारत सरकार / Government of India

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

असाधारण

EXTRAORDINARY

प्राधधकरण द्वारा प्रकाधशत / PUBLISHED BY AUHTORITY

Daman 03rd September, 2025 12 Bhadra, 1947 (Saka) No. : 115

U.T. Administration of Dadra and Nagar Haveli and Daman and Diu,

Department of Law and Justice,

Secretariat, Daman.

No. DIC/DD/EODB (JVA)/2025-26/517 Dated : 03/09/2025

NOTIFICATION

WHEREAS, as part of the Government's steadfast commitment to fostering a more conducive environment for investment and economic activity, and in alignment with the "Ease of Doing Business" initiative through compliance reduction and de-regulation, and the primary mandate of the UT Level Steering Committee to undertake a comprehensive review of various Acts and Regulations within the Union Territory's regulatory framework.

AND WHEREAS, following thorough deliberations and detailed analysis of each Act, and with the invaluable assistance of a legal team, a set of suggestive amendments to their respective provisions was prepared. The overarching objectives guiding these proposed amendments were:

a) Decriminalization of Minor Offences

b) Introduction of Civil Penalties

c) Removal of Obsolete and Redundant Provisions

AND WHEREAS, after careful consideration, deliberation, and unanimous agreement among the Chairperson and all members of the UT Level Steering Committee, a final list of 19 provisions has been identified and proposed for amendment, specifically focusing on decriminalization, introduction of civil penalties, and removal of obsolete provisions. These Acts are deemed critical for immediate action to further enhance the ease of doing business and reduce the regulatory burden within the Union Territory.

EXTRAORDINARY No. 115 THE GAZETTE OF DNH & DD Page 2

NOW THEREFORE, a copy of draft regulation "The Dadra and Nagar Haveli and Daman and Diu Jan Vishwas (Amendment of Provisions) Regulation, 2025 is published herewith for inviting comments from all stakeholders/. If there is any comment / view / suggestion, the same may be forwarded to the Office of the Secretary (Law), Department of Law and Justice, Dadra & Nagar Haveli & Daman & Diu, Secretariat, Vidyut Bhawan, Kachigam, Nani Daman within 30 days of issue of this notification.

Sd/–

(Jayant M. Panchal)

Law Secretary

EXTRAORDINARY No. 115 THE GAZETTE OF DNH & DD Page 3

DRAFT REGULATION

THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU JAN VISHWAS (AMENDMENT OF PROVISIONS) REGULATION, 2025 No. of 2025 To be Promulgated by the President in the Seventy-Sixth Year of the Republic of India
A Regulation to amend certain enactments for decriminalising and rationalising offences to further enhance trust-based governance for ease of living and doing business.
1. (1) This Regulation may be called the Dadra and Nagar Haveli and Daman and Diu Jan Vishwas (Amendment of Provisions) Regulation, 2025. (2) It shall come into force from the date of their publication in the Official Gazette of the Union Territory of Dadra and Nagar Haveli and Daman and Diu (3) It shall apply only to the Union Territory of Dadra and Nagar Haveli and Daman and Diu Short title, extent, commence and application
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. Amendment of certain enactments
3. The amendment or repeal by this Regulation of any enactment shall not affect any other enactment in which the amended or repealed enactment has been applied, incorporated or referred to; and this Regulation 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 Regulation 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; nor shall the amendment or repeal by this Regulation 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. Savings
EXTRAORDINARY No. 115 THE GAZETTE OF DNH & DD Page 4 EXTRAORDINARY No. 115 THE GAZETTE OF DNH & DD Page 5

THE SCHEDULE

(See section 2)

Year No. Short Title Amendments

Sl. No.

(1) (2) (3) (4) 1. 1986 7 The Dadra and

Nagar Haveli and Daman and Diu Electricity Duty Act, 1986 2. 1984 7 The Dadra and

Nagar Haveli and Daman and Diu Motor Vehicles (Taxation on Passengers and Goods) Act, 1974 3. 1982 10 The Dadra and

Nagar Haveli and Daman and Diu Registration of Tourist Trade Act, 1982

(5)

(A) In Section 10, for the word "fine" the word "penalty" shall be substituted.

(B) In Sec 11, for the words "an offence" the words "any violation" shall be substituted.

(A) In section 16, in sub section (1), for the words and figures "shall, on conviction, be punished with fine which may extend to ten thousand rupees" the words and figures "shall be imposed with a penalty which may extend to 1,00,000/- rupees" shall be substituted.

(A) In Section 19, for the word "fine" the word "penalty" shall be substituted.

(B) In Section 22, in sub section (1), for the words and figures "punishable by the prescribed authority with fine which may extend to 1,00,000/-" the words and figures "penalised by the prescribed authority with penalty which may extend to 5,00,000/- rupees" shall be substituted.

(C) In Section 22, in sub section (2), for the words "where the person on whom the penalty of fine is imposed under sub-section (1) does not within thirty days from the date of the order imposing such penalty, pay the fine imposed, then such person shall be liable to pay, by the way of penal interest" the words "Where the person on whom the penalty is imposed under sub-section (1) does not within thirty days from the date of the order imposing such penalty, pay the penalty imposed, then such person shall be liable to pay, by the way of penal interest" shall be substituted.

EXTRAORDINARY No. 115 THE GAZETTE OF DNH & DD Page 6

(D) In Section 22, in sub section (2), in

clause (a), for the words and figures

"Rs.100/- for each day for the first 30

days from the date of the expiry of the

period of 30 days as aforesaid" the

words and figures "1,000/- rupees for

each day for the first 30 days from the

date of the expiry of the period of 30

days as aforesaid" shall be substituted.

(E) In Section 22, in sub section (2), in

cluse (b) for the words and figures

"Rs. 200/- for each day thereafter for a

period of 15 days" the words and

figures "2,000/- rupees for each day

thereafter for a period of 15 days" shall

be substituted.

(F) In Section 22, in sub section (3), for

the word "fine" the word "penalty" be

substituted.

(G) In Section 22, in sub section (4), for

the word "fine" the word "penalty" be

substituted.

(H) In Section 22, in sub section (5) for the

words and figures "Any person

erecting beach shack and/or carrying

on activities therein without proper

registration as required under section

13 A (5), shall be punishable with fine

of Rs. 1,000/- which may extend to Rs.

5,000/-." the words and figures "Any

person erecting beach shack and/or

carrying on activities therein without

proper registration as required under

section 13 A (5), shall be penalised

with penalty of 10,000/- rupees which

may extend to 50,000/- rupees" shall

be substituted.

(I) In Section 23, for the word "fine" the

word "penalty" shall be substituted.

(J) In Section 24, for the word "fine" the

word "penalty" be substituted.

(K) In Section 25, in sub section (2), for

the words and figures "Any person

who refuses on demand to show hisEXTRAORDINARY No. 115 THE GAZETTE OF DNH & DD Page 7 certificate or document, or allow it to

be read by any of the persons

authorised to demand it, shall be

punishable by the prescribed authority

with fine not exceeding Rs. 5000/-."

the words and figures "Any person

who refuses on demand to show his

certificate or document, or allow it to

be read by any of the persons

authorised to demand it, shall be

penalised by the prescribed authority

with penalty not exceeding 50,000/-

rupees" shall be substituted.

(L) In Section 25A, for the word "fine"

the word "penalty" be substituted.

Also for the figure "Rs. 25,000/-" the

figure "Rs. 1,00,000/-" shall be

substituted.

(M) In Section 26, for the words and

figures "If any dealer, hotel-keeper,

travel agent or any other person to

whom this Act may be made

applicable, commits a malpractice or

contravenes any other provisions of

this Act or the Rules made thereunder

in a tourist area for which no specific

penalty has been provided, he shall be

liable for punishment with 3 months

imprisonment or with minimum fine

of Rs. 2000/- which may extend to Rs.

5,000/-. The offence under this section

shall be cognizable, bailable and

triable in summary manner" the words

and figures "If any dealer, hotel-

keeper, travel agent or any other

person to whom this Act may be made

applicable, commits a malpractice or

contravenes any other provisions of

this Act or the Rules made thereunder

in a tourist area for which no specific

penalty has been provided, he shall be

penalised with a minimum penalty of

20,000/- rupees which may extend to

50,000/- rupees" shall be substituted.

(N) In Section 28, in sub section (1), for

the words and figures "Any person

committing a breach of any of the

provisions of the Act or the RulesEXTRAORDINARY No. 115 THE GAZETTE OF DNH & DD Page 8 made thereunder for which he has

been once punished with fine by the

prescribed authority under any of the

provisions of this Chapter, shall be

punishable with imprisonment which

may extend to six months or with

minimum fine of Rs. 1,000/- which

may extend to Rs.20,000/- or with

both. The offence under this section

shall be cognizable, bailable and

triable in summary manner" the words

and figures "Any person committing a

breach of any of the provisions of the

Act or the Rules made thereunder for

which he has been once punished with

penalty by the prescribed authority

under any of the provisions of this

Chapter, shall be penalised with a

minimum penalty of 10,000/- rupees

which may extend to 2,00,000/-

rupees" shall be substituted.

4. 1987 4 The Dadra and

(A) In Section 26, for the words and figures

"Any person who wilfully fails to

produce any document required by the

Board or to furnish any information

Nagar Haveli and Daman and Diu Labour Welfare Fund Act, 1986

called for by the Board or wilfully fails

to comply with any directions issued by

the Board under section 25, shall, on

conviction be punished— (a) for the

first offence, with imprisonment for a

term which may extend to three

months, or with fine which may extend

to five thousand rupees, or with both;

and (b) for a second or subsequent

offence, with imprisonment for a term

which may extend to six months, or

with fine which may extend to ten

thousand rupees, or with both: Provided

that in the absence of special and

adequate reasons to the contrary to be

mentioned in the judgement of the

court, in any case where the offender is

sentenced to fine only, the amount of

fine shall not be less than thousand

rupees." the words and figures "Any

person who fails to produce any

document required by the Board or to

furnish any information called for by

the Board or fails to comply with any

directions issued by the Board underEXTRAORDINARY No. 115 THE GAZETTE OF DNH & DD Page 9 Section 25, shall be imposed – (a) for

the first contravention, with a penalty

not exceeding 50,000/- rupees: and (b)

for the second or subsequent

contravention, with a penalty of

50,000/- rupees which may be extended

to 2,00,000/- rupees." Shall be

substituted

5. 1996 27 The Building and (A) In Section 48, for the words and figures

"Penalty for failure to give notice of the

commencement of the building or other

construction work:- Where an

employer fails to give notice of the

commencement of the building or other

construction work under section 46, he

Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

shall be punishable with imprisonment

for a term which may extend to three

months, or with fine which may extend

to two thousand rupees, or with both."

the words and figures "Penalty for

failure to give notice of the

commencement of the building or other

construction work:- "Where an

employer fails to give notice of the

commencement of the building or other

construction work under section 46, he

shall be imposed with Penalty of

50,000/- rupees which may be extended

up to 5,00,000/- rupees" shall be

substituted.

***

Published by : e-gazette, Department of Planning & Statistics, DNH & DD.

Cite this issue. Gazette of DNH And DD, Dadra And Nagar Haveli And Daman And Diu Administration, 03 September 2025. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.dadranagarhaveli.2025-09-03.extraordinary-115/. Archive identifier in.gazette.dadranagarhaveli.2025-09-03.extraordinary-115.