SUPPLEMENT
Goa Legislature Secretariat
The following bill which was introduced in the Legislative Assembly of the State of Goa on 13th
January, 2026 is hereby published for general information in pursuance of Rule-138 of the Rules of
Procedure and Conduct of Business of the Goa Legislative Assembly.
________
The Goa Jan Vishwas (Laws Amendment) Bill, 2026
(Bill No. 2 of 2026)
A
BILL
to amend certain enactments enacted by the Legislative Assembly of Goa for decriminalising and
rationalising minor offences to further enhance trust-based governance and to ensure time bound
delivery of notified public services for ease of living and doing business.
Be it enacted by the Legislative Assembly of Goa in the Seventy-sixth Year of the Republic of India as
follows:—
1. Short title and commencement.— (1) This Act may be called the Goa Jan Vishwas (Laws
Amendment) Act, 2026.
(2) It shall be deemed to have come into force on the 2nd day of December, 2025.
2. Amendment of certain enactments.— The enactments specified in columns (4) of the Schedule I and
Schedule II hereto are hereby amended to the extent and in the manner specified in columns (5) of the said
Schedules respectively.
3. Revision of fines and penalties.— The fines and penalties provided under various provisions in the
enactments specified in the Schedule I and Schedule II shall be increased by ten per cent. of the minimum
amount of penalty, as the case may be, specified therefor, after the expiry of every three years from the date
of commencement of this Act.
LA/LEGN/2026/3371
Suggestions are welcomed on e-mail: [email protected]
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4. Savings.— 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
recognized 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.
5. Repeal and savings.— (1) The Goa Jan Vishwas (Laws Amendment) Ordinance, 2025 (Ordinance
No. 4 of 2025) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Goa Excise Duty Act,
1964 (Act No. 5 of 1964), the Goa Waste Management Act, 2016 (Goa Act 19 of 2016), the Goa Fire Force
Act, 1986 (Act No. 9 of 1986), the Goa Land Revenue Code, 1968 (Act No. 9 of 1969), the Goa
Municipalities Act, 1968 (Act 7 of 1969), the City of Panaji Corporation Act, 2002 (Goa Act No. 1 of
2003), the Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of 1994), the Goa Labour Welfare Fund Act,
1986 (Act No. 4 of 1987), the Goa Public Health Act, 1985 (Act No. 25 of 1985), the Goa Non-
Biodegradable Garbage (Control) Act, 1996 (Goa Act 5 of 1997) and the Goa (Right to Citizens to Time-
Bound Delivery of Public Services) Act, 2013 (Goa Act 19 of 2013), as amended by the said Ordinance,
shall be deemed to have been done or taken under the said Acts respectively, as amended by this Act.
------------
THE SCHEDULE-I
(See section 2)
Sl.
No.
Year
Act
No.
Short Title
Amendments
(1)
(2)
(3)
(4)
(5)
1.
1964
5
The Goa
Excise Duty
Act, 1964
(A) For Section 35, the following section shall be substituted, namely:—
“35. Penalty for contraventions not otherwise provided for.— Whoever
commits any act or makes intentional omission in contravention of any of
the provisions of this Act, or of any rule or order made under this Act, and
no penalty is specifically provided therein, he shall be liable, for each such
act or omission, to a penalty which may extend to one lakh rupees.”.
(B) In Section 35A, for clause (b), the following clause shall be substituted,
namely:-
“(b) where the contravention is liable to penalty only, with such penalty
as is provided for the contravention, or”.
(C) For section 38, the following section shall be substituted, namely:-
“38. Limits of confiscation and/or penalty.— Without prejudice to the
limits of penalties provided hereinbefore, in every case in which, under
this Act, anything is liable to confiscation and/or penalty, as the case may
be, such confiscation and/or penalty, may be ordered —
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(2)
(3)
(4)
(5)
(a) without limit by the Commissioner, or
(b) up to confiscation of goods not exceeding ten thousand rupees
and imposition of penalty not exceeding one thousand rupees by such
other Excise Officer as the Government may, from time to time,
empower in that behalf.
Explanation:— Penalty construed herein shall be in relation to the
nature and gravity of offence committed by the licensee in person or by
his/her agent acting on his/her behalf and includes violation of condition
of licence or of a bond.”.
(D) For Section 39, the following section shall be substituted, namely:—
“39. Penalty in lieu of confiscation.— Whenever confiscation is
authorised by this Act, the officer ordering the same may give the owner of
the goods an option to pay, in lieu of confiscation, such penalty as the
officer thinks fit. Payment of the penalty shall not absolve the owner of the
goods from the payment of duties and other charges prescribed under this
Act.”.
2.
2016
19
The Goa
Waste
Manage-
ment Act,
2016
(A) For Section 31, the following section shall be substituted, namely:-
“31. Penalty for construction or use of land and buildings contrary to
terms of holdings.— (1) Any person who, whether at his own instance or
at the instance of any other person, undertakes or carries out the
construction of, or alteration to, any building in any waste management
area or site contrary to the terms under which he holds such building or
land under this Act or any rules made thereunder, shall be liable to a
penalty of not less than fifty thousand rupees; and, in the case of a
continuing contravention, to a further penalty not exceeding one thousand
rupees for every day during which such contravention continues after the
commission of the first such offence.
(2) Any person who uses any land or building in a waste management
area or site contrary to the terms under which he holds such land or
building under this Act or any rules made thereunder shall be liable to pay
a penalty, as determined by the Corporation, which shall not be less than
ten lakhs rupees; and, in the case of a continuing contravention, to a
further penalty not exceeding ten thousand rupees for every day during
which such contravention continues after the commission of the first such
offence and such person shall also be liable to be evicted therefrom.”.
(B) Section 45 shall be omitted.
(C) For Section 48, the following Section shall be substituted, namely:—
“48. Penalty for obstruction.— (1) Any person who obstructs the entry
of a person authorized under Section 34 or any person with whom the
Corporation has entered into a contract for the performance and execution
of any act by such person, to enter into or upon any land or building or
molests such person after such entry or who obstructs the lawful exercise
by him of any power conferred by or under this Act shall be liable to a
penalty which may extend to ten thousand rupees and for each subsequent
contravention to a further penalty which may extend to twenty-five
thousand rupees.
(2) If any person removes any mark set up for the purpose of indicating
any level, boundary line, or direction necessary to the execution of works
authorized under this Act, he shall be liable to a penalty which may extend
to ten thousand rupees and for each subsequent contravention to a further
penalty which may extend up to twenty-five thousand rupees.”.
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(1)
(2)
(3)
(4)
(5)
3.
1986
9
The Goa
Fire Force
Act, 1986
(A) In Section 20, for the expression “shall be punishable with imprisonment
which may extend to three months or with fine which may extend to an
amount not exceeding three months’ pay of such member or with both”, the
expression “shall be liable to a penalty which may extend to an amount not
exceeding six months’ pay of such member” shall be substituted.
(B) For Section 21, the following Section shall be substituted, namely:—
“21. Failure to take precautions.— Whoever fails, without reasonable
cause, to comply with any of the requirements specified in a notification
issued under sub-section (1) of Section 13, or of the direction issued under
sub-section (2) of that Section, shall be liable to a penalty not exceeding
ten thousand rupees.”.
4.
1968
9
The Goa
Land
Revenue
Code, 1968
(A) For Section 19, the following section shall be substituted, namely:—
“19. Recovering value of natural products unauthorisedly removed from
certain lands.— Any person who unauthorisedly removes from any land
which is set apart for a special purpose, or from any land which is the
property of the Government, any natural product (not being trees), shall be
liable to the Government for the value thereof, and in addition, shall be
liable to a penalty not exceeding ten times the value of the natural product
so removed. Such value and penalty shall be recoverable from him as an
arrear of land revenue.”.
(B) In Section 32, in sub-section (5), for the word “fine”, the word “penalty”
shall be substituted.
(C) In Section 33,—
(a) in sub-section (1), in clause (ii), for the word “fine”, the word
“penalty” shall be substituted;
(b) in sub-section (1A), for the word “fine”, the word “penalty” shall be
substituted.
(D) In Section 37,—
(a) for sub-section (2), the following sub-section shall be substituted,
namely:-
“(2) The person who made such encroachment, or who is in
unauthorised occupation of the land so encroached upon shall pay, if the
land encroached upon forms part of an assessed survey number, the
assessment for the entire number for the whole period of the
encroachment; and if the land has not been assessed, such amount of
assessment as would be leviable for the said period in the same village
on the same extent of similar land used for the same purpose. Such
person shall, in addition, be liable to a penalty which shall not be less
than five hundred rupees but not more than five thousand rupees if the
land is used for an agricultural purpose, and if used for a purpose other
than agriculture, to a penalty not exceeding twenty thousand rupees.”;
(b) for sub-section (4), the following sub-section shall be substituted,
namely:—
“(4) Every person who makes, causes, permits or continues any
encroachment on any land referred to in a notice issued under sub-
section (3), shall, in addition to the penalties specified in sub-section
(2), be liable, at the discretion of the Collector, to a penalty not
exceeding five thousand rupees in the case of encroachment for
agricultural purposes and five hundred rupees in other cases, for every
day or part of a day during which the encroachment continues after the
date on which the notice takes effect.”.
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(2)
(3)
(4)
(5)
(E) In Section 92, for the word “fine”, the word “penalty” shall be
substituted.
(F) For Section 100, the following Section shall be substituted, namely:—
“100. Penalty for neglect to afford information.— Any person neglecting
to make the report required by Section 96, or to furnish the information or
produce the documents required by Section 99 within the period specified
in that section, shall be liable, at the discretion of the Collector, to a
penalty not exceeding five thousand rupees, which shall be leviable as an
arrear of land revenue.”.
(G) In Section 162, the expression “fines,” shall be omitted.
(H) In Section 199, in sub-section (2),—
(a) in clause (ix), for the word “fine”, the word “penalty” shall be substituted;
(b) in clause (x), the words “fine to be paid as” shall be omitted.
5.
1969
7
The Goa
Municipa-
lities Act,
1968
(1) In Section 24, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Any person who contravenes any provision of sub-section (1) shall
be liable to a penalty which may extend to five thousand rupees.”.
(2) In Section 25, for sub-section (2), the following section shall be
substituted, namely:—
“(2) Any person who at a public meeting to which this section applies
acts, or invites others to act, in a disorderly manner for the purpose of
preventing the transaction of the business for which the meeting was
called together, shall be liable to a penalty which may extend to five
thousand rupees.”.
(3) In Section 26, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Any person who contravenes any provision of sub-section (1) shall
be liable to a penalty which may extend to five thousand rupees.”.
(4) For Section 29, the following section shall be substituted, namely:—
“29. Penalty for illegal hiring or procuring of conveyances at
election.— If any person is guilty of any such corrupt practice as is
specified in clause (5) of Section 23 at or in connection with an election,
he shall be liable to a penalty which may extend to five thousand rupees.”.
(5) In Section 32, for sub-section (1), the following sub-section shall be
substituted, namely:—
“(1) If any person to whom this section applies is, without reasonable
cause, guilty of any act or omission in breach of his official duty, he shall
be liable to a penalty which may extend to ten thousand rupees.”.
(6) In Section 86, in sub-section (1), for the expression “all taxes, fines
and penalties paid to or levied by it under this Act, other than fines imposed
by any Court”, the expression “all taxes, penalties paid to or levied by it
under this Act, other than penalties imposed by any Court” shall be
substituted.
(7) In Section 125, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) If the person liable to give the notice referred to in sub-section (1)
or sub-section (2) fails to give such notice, he shall, be liable to a penalty
which may extend to five hundred rupees.”.
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(2)
(3)
(4)
(5)
(8) In Section 174,—
(a) for sub-section (2), the following sub-section shall be substituted,
namely:—
“(2) Whoever contravenes any provision of sub-section (1) shall,
unless the provisions of clause (a) of sub-section (6) of Section 171
apply, shall be liable to a penalty which may extend to ten thousand
rupees; and, in the case of a continuing contravention, be liable to a
further penalty which may extend to one thousand rupees for every day
after the first during which such contravention continues.”;
(b) for sub-section (8), the following sub-section shall be substituted,
namely:—
“(8) Whoever contravenes the conditions of any permission granted
under sub-section (4), or fails to comply with the provisions of sub-
section (6) or (7), shall be liable to a penalty which may extend to fifty
thousand rupees; and, in the case of a continuing contravention, be
liable to a further penalty which may extend to one thousand rupees for
every day after the first during which such contravention continues.”.
(9) In Section 175, for sub-section (7), the following sub-section shall be
substituted, namely:—
“(7) Any such owner or occupier putting up any projection or
obstruction without the permission of the Council under sub-section (2), or
in contravention of such permission, or any owner or occupier who fails to
remove any projection, encroachment or obstruction after receipt of a
notice from the Council under sub-section (4) or (5), shall be liable to a
penalty which may extend to fifty thousand rupees; and, in the case of a
continuing offence, be liable to a further penalty which may extend to one
thousand rupees for every day after the first during which such offence
continues.”.
(10) In Section 176, for sub-section (3), the following sub-section shall be
substituted, namely:-
“(3) Whoever, not being duly authorised in that behalf, removes earth,
sand or other material from, or makes any encroachment in or upon, any
open space which is not a private property, shall be liable to a penalty
which may extend to fifty thousand rupees, and, in the case of a
continuing offence, be liable to a further penalty which may extend to one
thousand rupees for every day after the first during which such offence
continues.”.
(11) In Section 178, in sub-section (6), for the expression “shall, on
conviction, be punished with fine which may extend to Five thousand
rupees”, the expression “shall be liable to a penalty which may extend to fifty
thousand rupees” shall be substituted.
(12) In Section 180, in sub-section (2), for the expression “shall, on
conviction, be punished with fine which may extend to five hundred rupees”,
the expression “shall be liable to a penalty which may extend to ten thousand
rupees” shall be substituted.
(13) In Section 181, in sub-section (3), for the expression “shall, on
conviction, be punished with fine which may extend to five thousand
rupees”, the expression “shall be liable to a penalty which may extend to fifty
thousand rupees” shall be substituted.
(14) In Section 182, for sub-section (2), the following sub-section shall be
substituted, namely:—
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(2)
(3)
(4)
(5)
“(2) Any person who contravenes any provision of sub-section (1) or of
any licence issued to him shall be liable to a penalty which may extend to
one thousand rupees.”.
(15) In Section 183, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Any person who contravenes any provision of sub-section (1) or of
any licence issued to him shall be liable to a penalty which may extend to
one thousand rupees.”
(16) In Section 184,—
(a) for sub-section (9), the following sub-section shall be substituted,
namely:—
“(9) Any person who fails to comply with the notice issued by the
Chief Officer under sub-section (8), shall be liable to a penalty which
may extend to one lakh rupees.”;
(b) for sub-section (10), the following sub-section shall be substituted,
namely:-
“(10) The Court convicting such person may also direct such person
to demolish or alter the building in accordance with the order of the
Chief Officer or in such other manner as the Court may deem proper
and within the period specified by the Court. If such person fails to
demolish or alter the building within the period specified by the Court,
or in the manner required by the Court, he shall be liable to a further
penalty which may extend to one thousand rupees for every day after
the expiry of the period for compliance specified by the Court in its
order during which such non-compliance continues.”;
(c) in sub-section (21), for the word “fine”, the word “penalty” shall be
substituted.
(17) In Section 187, for sub-section (5), the following sub-section shall be
substituted, namely:—
“(5) Whoever, without such permission as is required by sub-section
(1), makes or causes to be made, or, in disobedience to the requirements of
a notice given under sub-section (2), suffers to remain, any roof or wall of
such material as aforesaid, shall be liable to a penalty which may extend to
fifty thousand rupees; and, in the case of a continuing offence, be liable to
a further penalty which may extend to one thousand rupees for every day
after the first during which such offence continues.”.
(18) In Section 188, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Whoever—
(a) occupies or permits to be occupied any such building or part
thereof affected by such construction without giving any notice as
required under sub-section (1) or in contravention of the provisions of
sub-section (2); or
(b) fails to comply with any order or requisition made under sub-
section (1),
shall be liable to a penalty which may extend to one lakh rupees; and, in
the case of a continuing contravention or non-compliance, be liable to a
further penalty which may extend to one thousand rupees for every day after
the first during which such contravention or non-compliance continues.”.
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(5)
(19) In Section 189, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) if any person contravenes any provision of sub-section (1), he shall
be liable to a penalty which may extend to one lakh rupees; and, in the
case of a continuing contravention, be liable to a further penalty which
may extend to one thousand rupees for every day after the first during
which such contravention continues.”.
(20) In Section 191, for the expression “shall, on conviction, be punished
with fine which may extend to fifty rupees”, the expression “shall be liable to
a penalty which may extend to one thousand rupees” shall be substituted.
(21) In Section 197, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Whoever fails to comply with the notice issued by the Chief
Officer under sub-section (1), sub-section (2) or sub-section (2A), as the
case may be, shall be liable to a penalty which may extend to fifty
thousand rupees; and, in the case of a continuing offence, be liable to a
further penalty which may extend to one thousand rupees for every day
after the first during which such offence continues.”.
(22) In Section 205, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Any person who contravenes any provision of sub-section (1) shall
be liable to a penalty which may extend to fifty thousand rupees.”.
(23) In Section 206, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Any person who fails to comply with any notice issued by the
Chief Officer under sub-section (1) shall be liable to a penalty which may
extend to fifty thousand rupees.”.
(24) In Section 211, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Whoever contravenes any provision of sub-section (1) shall be
liable to a penalty which may extend to fifty thousand rupees.”.
(25) In Section 212, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Whoever fails to comply with the notice under sub-section (1) shall
be liable to a penalty which may extend to twenty-five thousand rupees;
and, in the case of a continuing offence, be liable to a further penalty
which may extend to one thousand rupees for every day after the first
during which such offence continues.”.
(26) In Section 216, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Any person who contravenes any provision of sub-section (2) shall
be liable to a penalty which may extend to one thousand rupees.”.
(27) In Section 218, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Whoever takes down, alters or removes any of the said bars, chains
or posts, or removes or extinguishes any such light without the authority
or consent of the Chief Officer, shall be liable to a penalty which may
extend to twenty-five thousand rupees.”.
(28) In Section 220, for sub-section (2), the following sub-section shall be
substituted, namely:—
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(2)
(3)
(4)
(5)
“(2) Whoever contravenes any provision of sub-section (1) shall be
liable to a penalty which may extend to twenty five thousand rupees; and,
in the case of a continuing contravention, be liable to a further penalty
which may extend to one thousand rupees for every day after the first
during which such contravention continues.”.
(29) In Section 221, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Any person who contravenes any provision of sub-section (1) shall
be liable to a penalty which may extend to one lakh rupees; and, in the
case of a continuing contravention, be liable to a further penalty which
may extend to one thousand rupees for every day after the first during
which such contravention continues.”.
(30) For Section 223, the following section shall be substituted, namely:—
“223. Depositing dust, etc., commiting nuisance.— (1) Whoever deposits
or causes or suffers any member of his family or household to deposit any
dust, dirt, dung, ashes, refuse or filth of any kind or any animal matter or
any broken glass or earthenware or other rubbish or any other thing that is
or may be a nuisance or danger, in any street or in any arch under a street
or in any drain beside a street or on any open space not being private
property or on any quay, jetty or landing place or on any part of the
seashore, or the bank of a tidal river, or whether above or below highwater
mark, or on the bank of the river, water course or nullah, except at such
places, in such manner and at such hours as shall be fixed by the Chief
Officer, and whoever commits or suffers any members of his family or
household to commit nuisance in any such place as aforesaid, shall be
liable to a penalty which may extend to fifty thousand rupees.
(2) Whoever throws or puts, or causes or suffers any member of his
family or household to throw or put, any of the matters described in sub-
section (1) (except night-soil, or, except with the permission of the Chief
Officer, any night-soil) into any drain, culvert, tunnel, gutter or water-
course, and whoever commits nuisance, or suffers any member of his
family or household to commit nuisance, in any such drain, culvert,
tunnel, gutter or water-course, or in such close proximity thereto as to
pollute the same, shall be liable to a penalty which may extend to fifty
thousand rupees.”.
(31) For Section 224, the following section shall be substituted, namely:—
“224. Discharging sewage, etc.— Whoever causes, or allows the water
of any sink, sewer or cesspool, or any other liquid or matter which is or is
likely to become a nuisance, from any building or land under his control,
to run, drain or be thrown or put upon any street or open space, or to soak
through any external wall, or causes or allows any offensive matter from
any sewer or privy to run, drain or be thrown into a surface drain in any
street, without the permission in writing of the Chief Officer, or who fails
to comply with any condition prescribed in such permission, shall be liable
to a penalty which may extend to fifty thousand rupees.”.
(32) For Section 225, the following section shall be substituted, namely:—
“225. Non-removal of filth, etc.— Whoever, being the owner or
occupier of any building or land, keeps, or allows to be kept for more than
twenty-four hours, or otherwise than in some proper receptacle, any dirt,
dung, bones, ashes, night-soil, filth or any noxious or offensive matter, in
or upon such building or land, or suffers such receptacle to be in a filthy or
noxious state, or neglects to employ proper means to remove the filth from
and to cleanse and purify such receptacle, or keeps or allows to be kept in
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(3)
(4)
(5)
or upon such building or land any animal in such a way as to cause a
nuisance, shall be liable to a penalty which may extend to fifty thousand
rupees; and, in the case of a continuing offence, be liable to a further
penalty which may extend to one thousand rupees for every day after the
first during which such contravention continues.”.
(33) In Section 226, in sub-section (3), in clause (b), for the expression
“shall, on conviction, be punished with fine which may extend to five
thousand rupees”, the expression “shall be liable to a penalty which may
extend to fifty thousand rupees” shall be substituted.
(34) For Section 227, the following section shall be substituted, namely:—
“227. Using offensive manure, etc.— Whoever, except with the written
permission of the Chief Officer, and in accordance with the conditions of
such permission, stores or uses night-soil or other manure or substance
emitting an offensive smell in such manner as to be a nuisance to the
neighbourhood, shall be liable to a penalty which may extend to fifty
thousand rupees.”.
(35) In Section 230, for sub-section (2), the following sub-section shall be
substituted, namely:-
“(2) Any person who fails to comply with the notice issued under sub-
section (1) shall be liable to a penalty which may extend to fifty thousand
rupees; and, in the case of continuing non-compliance, be liable to a
further penalty which may extend to one thousand rupees for every day
after the first during which such non-compliance continues.”.
(36) For Section 240, the following section shall be substituted, namely:—
“240. Penalty for contravention of provisions relating ito dangerous
diseases.— (1) Whoever knowingly contravenes any provision of Section
232, 233, 235, 236, 237 or 238, or clause (d) of Section 239, or disobeys
any order or requisition made under any of the aforesaid sections, or
obstructs any officer of the Council or other person acting under the
authority of the Council in carrying out executively any such order, shall
be liable to a penalty which may extend to twenty thousand rupees; and, in
the case of a continuing offence, be liable to a further penalty which may
extend to one thousand rupees for every day after the first during which
such contravention continues.
(2) Whoever contravenes any provision of clauses (a), (b) or (c) of
Section 239, or disobeys any order or requisition made under any of the
aforesaid clauses, or obstructs any officer of the Council or other person
acting under the authority of the Council in carrying out any such order,
shall be liable to a penalty which may extend to fifty thousand rupees; and,
in the case of a continuing offence, be liable to a further penalty which
may extend to one thousand rupees for every day after the first during
which such contravention continues.”.
(37) In Section 243, for sub-section (5), the following sub-section shall be
substituted, namely:—
“(5) Any owner who, after the date specified in any requisition issued
under sub-section (2), permits the overcrowding of any building in
contravention of such requisition, and any person who omits to vacate any
such building in accordance with the notice given to him under sub-
section (4), shall be liable to a penalty which may extend to one thousand
rupees for each day subsequent to the date specified in such requisition
during which such overcrowding, or such omission to vacate, continues.”.
(38) In Section 245, for sub-section (3), the following sub-section shall be
substituted, namely:—
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“(3) Whoever commits a breach of any notice given or of any condition
imposed by the Council in exercise of any power under this section shall
be liable to a penalty which may extend to twenty thousand rupees.”.
(39) In Section 246, for sub-section (5), the following sub-section shall be
substituted, namely:—
“(5) Any person who contravenes any provision of sub-section (2) shall
be liable to a penalty which may extend to twenty thousand rupees.”.
(40) In Section 247, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Any person who buries or otherwise disposes of any corpse in any
such place, after the date specified in the said notification for closure of
the same, shall be liable to a penalty which may extend to twenty thousand
rupees.”.
(41) In Section 248, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Any person who contravenes any provision of sub-section (1) shall
be liable to a penalty which may extend to fifty thousand rupees.”.
(42) In Section 252, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Whoever uses or allows to be used any place for any of the
purposes specified in sub-section (1), without a licence, or in contravention
of any conditions subject to which a licence may have been granted under
sub-section (1), shall be liable to a penalty which may extend to fifty
thousand rupees if the contravention is of clause (i) or (ii) of sub-section
(1), and be liable to a penalty which may extend to ten thousand rupees if
the contravention is of clause (iii) of that sub-section; and, in the case of a
continuing contravention of the said clause (i) or (ii), be liable to a further
penalty of one thousand rupees for every day after the first during which
such contravention continues, and, in the case of a continuing contravention
of the said clause (iii), be liable to a further penalty of one thousand rupees
for every day after the first during which such contravention continues.”.
(43) In Section 254, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Any person who contravenes any provision of sub-section (1) shall
be liable to a penalty which may extend to fifty thousand rupees.”.
(44) In Section 257, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Any person who, without a licence from the Chief Officer under
sub-section (2), occupies any stall, shop, stand, shed, pen or space in a
municipal market, or sells or exposes for sale any article in a municipal
market, or uses a municipal slaughter-house, shall be liable to a penalty
which may extend to one thousand rupees.”.
(45) In Section 259, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Whoever uses or permits the use of any premises in contravention
of the provisions of sub-section (1), or whoever refuses to comply with
any notice issued by the Chief Officer under sub-section (2), shall be liable
to a penalty which may extend to fifty thousand rupees; and, in the case of
a continuing offence, be liable to a further penalty which may extend to
five thousand rupees for every day after the first during which such
offence continues.”.
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(46) In section 260, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Whoever uses or permits the use of any premises in contravention
of the provisions of sub-section (1), or whoever refuses to comply with
any notice issued by the Chief Officer under sub-section (2), shall be liable
to a penalty which may extend to fifty thousand rupees; and, in the case of
a continuing offence, be liable to a further penalty which may extend to
five thousand rupees for every day after the first during which such
offence continues.”.
(47) In Section 261, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Whoever uses or permits the use of any premises in contravention
of the provisions of sub-section (1), or whoever refuses to comply with
any notice issued by the Chief Officer under sub-section (2), shall be liable
to a penalty which may extend to fifty thousand rupees, and in the case of
continuing offence with further penalty which may extend to five thousand
rupees for every day after the first during which such offence continues.”.
(48) In Section 263, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Whoever establishes, alters, enlarges or extends, or permits the
establishment, material alteration, enlargement or extension of, any such
factory, workshop or place of business without a licence or in
contravention of any condition subject to which the licence may have been
granted, shall be liable to a penalty which may extend to fifty thousand
rupees.”.
(49) In Section 264, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Whoever uses or employs any such whistle or trumpet as aforesaid
in contravention of any provision of sub-section (1) shall be liable to a
penalty which may extend to one thousand rupees; and, in the case of a
continuing offence, be liable to a further penalty which may extend to five
hundred rupees for every day after the first during which such offence
continues.”.
(50) In Section 265, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Whoever uses or permits the use of any premises in contravention
of the provisions of sub-section (1), or whoever refuses to comply with
any notice issued under sub-section (2), shall be liable to a penalty which
may extend to fifty thousand rupees; and, in the case of a continuing
offence, be liable to a further penalty which may extend to five thousand
rupees for every day after the first during which such offence continues.”.
(51) In Section 266, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Whoever keeps in or upon any premises any article in
contravention of the provisions of sub-section (1) or (2), or in
contravention of any conditions subject to which a licence may have been
granted, shall be liable to a penalty which may extend to twenty thousand
rupees; and, in the case of a continuing offence, be liable to a further
penalty which may extend to one thousand rupees for every day after the
first during which such offence continues.”.
(52) In Section 270, for sub-section (3), the following sub-section shall be
substituted, namely:—
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“(3) Whoever forcibly opposes the seizure of cattle liable to be seized
under this Section, or rescues the same after seizure, either from a pound
or from any person taking or about to take them to a pound, shall be liable
to a penalty of one lakh rupees.”.
(53) In Section 275, in sub-section (4), for the word “fines”, the word
“penalties” shall be substituted.
(54) For section 276, the following section shall be substituted, namely:-
“276. Penalty for allowing cattle to stray in street or to trespass upon
private or public property.— (1) Whoever, within a municipal area, allows
any cattle which are in his property or in his charge to stray in any street or to
trespass upon any private or public property shall, on conviction, be
punished,—
(i) for the first offence, liable to a penalty of one lakh rupees;
(ii) for a second or subsequent offence, liable to a penalty of one lakh
fifty thousand rupees.
(2) The Magistrate trying the offence under sub-section (1) may order,—
(a) that the accused shall pay such compensation not exceeding one
thousand rupees as the Magistrate considers reasonable, to any person for
any damage proved to have been caused to his property or to the produce
of land, by the cattle under the control of the accused, trespassing on his
land; and also,
(b) that the cattle in respect of which an offence has been committed
shall be forfeited to the Government.
(3) Any compensation awarded under sub-section (2) may be recovered as
if it were a penalty imposed under this section.
(4) An offence under this section shall be cognizable.”.
(55) For Section 277, the following section shall be substituted, namely:—
“277. Tethering cattle, etc.— Whoever tethers cattle or other animals,
or causes or suffers them to be tethered by any member of his family or
household, in any public street or place so as to obstruct or endanger the
public traffic therein, or to cause a nuisance, or who causes or suffers such
animals to stray about without a keeper, shall be,—
(a) for a first offence, liable to a penalty which may extend to ten
thousand rupees;
(b) for a second or subsequent offence, liable to a penalty which may
extend to twenty thousand rupees.”.
(56) In Section 279, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Whoever, after such direction, keeps any pigs in any place within
the municipal area or specified part thereof without the permission
required as aforesaid, or otherwise than in accordance with the terms
thereof, shall be liable to a penalty which may extend to three thousand
rupees.”.
(57) In Section 280, for sub-section (2), the following sub-section shall be
substituted, namely:-
“(2) Whoever contravenes any provision of sub-section (1) shall be
liable to a penalty which may extend to fifty thousand rupees.”.
(58) In Section 281, in sub-section (3), the words “fine or” shall be
omitted.
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(59) In Section 284, for the expression “shall, if no other penalty is
provided for the offence, on conviction, be punished with fine which may
extend to Five thousand rupees, and in the case of continuing offence with
further fine which may extend to one hundred rupees for every day after the
first during which such contravention continues:”, the expression “shall be
liable to a penalty which may extend to fifty thousand rupees; and, in the
case of a continuing offence, be liable to a further penalty which may extend
to one thousand rupees for every day after the first during which such
contravention continues:” shall be substituted.
(60) In Section 314, for the words “punished with fine”, the words “liable
to a penalty” shall be substituted.
6.
2003
1
The City of
Panaji
Corporation
Act, 2002
(1) In Section 55, in sub-section (2), in clause (viii) and proviso thereto,
for the word “fine”, the word “penalty” shall be substituted.
(2) In Section 113, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) If any person willfully delays or obstructs any person in the
exercise of any of his powers under this section he shall be liable to a
penalty not exceeding fifty thousand rupees.”.
(3) In Section 136, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) If any person so called upon to furnish information omits to do so
or furnishes information which is untrue to his knowledge, he shall be
liable to a penalty which may extend to twenty thousand rupees.”.
(4) For Section 137, the following section shall be substituted, namely:—
“137. Duty of occupier to furnish true information regarding owner's
name and address.— If the occupier of any land or building neglects or
refuses, without reasonable cause, to comply with a notice served under
Section 110 or furnishes information which is untrue to his knowledge he
shall be liable to a penalty which may extend to twenty thousand rupees.”.
(5) In Section 141, for sub-section (1), the following sub-section shall be
substituted, namely:—
“(1) If any person, bringing or receiving within the prescribed limits of
the City a conveyance or package on which a toll or cess on imports is or
is believed to be leviable, refuses on the demand of an officer authorized
by the Commissioner in this behalf to permit the officer to inspect, weigh
or otherwise examine the contents of the conveyance or package for the
purpose of ascertaining whether it contains any article, in respect of which
a toll or cess on imports is payable, or refuses to communicate to the
officer any information or to exhibit to him any bill, invoice or document
of a like nature which he may possess relating to the article, or with the
intention of defrauding the Corporation communicates false information or
exhibits any false, forged, or fraudulent bill, invoice or document of a like
nature, he shall be liable to a penalty which may extend to ten thousand
rupees.”.
(6) For Section 142, the following section shall be substituted, namely:—
“142. Punishment for evading payment of toll or cess.— If animals or
articles passing the limits of the Corporation are liable to the payment of a
toll or cess on imports, then every person who, with intention to defraud
the Corporation causes or abets the introduction of, or himself introduces
or attempts to introduce within the said limits, any such animals or articles
upon which payment of the toll or cess on imports due on such introduction
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has neither been made nor tendered, shall be liable to a penalty which may
extend either to ten times the value of such toll or cess on imports, or to
fifty thousand rupees, whichever may be greater.”.
(7) In Section 169, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Whoever, without the permission of the Commissioner, makes or
keeps for a longer time than one week after the issue of notice under this
section, any drain, privy, latrine, urinal, absorption pit, disposal work,
cesspool or other receptacle for filth or refuse, within fifteen metres of any
spring, well, tank, reservoir, swimming pool or other source from which
water is or may be derived for public use, shall be liable to a penalty
which may extend to twenty thousand rupees, and, when a notice has been
issued, with a further penalty, not exceeding five thousand rupees for each
day during which the offence is continued after the lapse of the period
allowed for removal.”.
(8) For Section 170, the following section shall be substituted, namely:—
“170. Discharging sewage.— Whoever, without the permission of the
Commissioner causes or knowingly or negligently allows the contents of
any sink, cesspool or any other offensive matter to flow, drain or be put
upon any street or public place, or into any irrigation channel or any drain
not set apart for the purpose, shall be liable to a penalty which may extend
to twenty thousand rupees.”.
(9) For Section 171, the following section shall be substituted, namely:—
“171. Making or altering drains without authority.— Whoever, without
the permission of the Commissioner, makes or causes to be made, or alters
or causes to be altered, any drain, leading into any of the drains vested in
the Corporation, shall be liable to a penalty which may extend to twenty
thousand rupees.”.
(10) In Section 206, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Any person acting in contravention of the terms of sub-section (1)
shall be liable to a penalty not exceeding fifty thousand rupees.”.
(11) In Section 223, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) If the owner of a cinematograph or other apparatus uses the
apparatus or allows it to be used, or if any person takes part in any public
dramatic performance, circus or pantomime, or if the occupier of any
premises allows those premises to be used, in contravention of the
provisos of this section, or of any condition of a licence granted under this
section, he shall be liable to a penalty not exceeding one lakh rupees and
in the case of a continuing offence, to a further penalty of five thousand
rupees for each day during which the offence continues, and his licence
shall be liable to be revoked by the Commissioner.”.
(12) In Section 228, for sub-section (4), the following sub-section shall be
substituted, namely:—
“(4) Any person who slaughters for sale any animal at any place within
the City other than the one fixed by the Corporation under this section
shall be liable to a penalty which may extend to twenty thousand rupees.”.
(13) In Section 229, for sub-section (4), the following sub-section shall be
substituted, namely:—
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“(4) Any person bound to act in accordance with sub-section (1) of this
section shall, if he fails so to act, shall be liable to a penalty which may
extend to ten thousand rupees.”.
(14) In Section 243, for clause (c), the following clause shall be
substituted, namely:—
“(c) being the person in charge of, or in attendance on, any person
suffering from any such disease in such dwelling, and becoming cognizant
of the existence of the disease therein, fails forthwith to give information,
or knowingly gives false information to the Medical Officer of Health or
to any other officer to whom the Corporation may require information to
be given respecting the existence of such disease, shall be liable to a
penalty which may extend to fifty thousand rupees:”.
(15) In Section 264, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Any person failing to comply with the terms of such notice shall be
liable to a penalty not exceeding one lakh rupees; and if he continues to
fail to comply with the terms of such notice after the first day of such
failure, he shall be liable to a further penalty not exceeding ten thousand
rupees for every day thereafter during which the failure continues.”.
(16) In Section 269, in sub-section (1), for the word “fine”, the word
“penalty” shall be substituted.
(17) In Section 296, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Whoever contravenes the provisions of sub-section (1) or omits to
comply with the terms of a notice under sub-section (2), shall be liable to a
penalty which may extend to five thousand rupees and in case of a
continuing contravention or omission, with further penalty which may
extend to one thousand rupees for every day after the first during which
the contravention or omission continues.”.
(18) For Section 298, the following section shall be substituted, namely:—
“298. Destroying direction-posts, lamp-posts, etc.— Whoever, without
being authorised by the Commissioner, defaces or disturbs any municipal
direction-post, lamp-post or lamp or damages any municipal light in any
public place, shall be liable to a penalty which may extend to five
thousand rupees.”.
(19) In Section 299, for sub-section (1), the following sub-section shall be
substituted, namely:—
“(1) Whoever, without the consent of the owner or occupier or other
person for the time being in charge affixes or causes to be affixed any
poster, bill, notice, placard or other paper or means of advertisement
against or upon any street, building, wall, tree, board, fence or pole or
writes upon, soils, defaces or marks any such building, wall, tree, board,
fence or pole with chalk or paint or in any other way whatsoever, shall be
liable to a penalty which may extend to ten thousand rupees.”.
(20) For Section 305, the following section shall be substituted, namely:—
“305. Driving vehicles without proper lights.— Whoever drives or
propels any vehicle not properly supplied with lights in any street during
the period from half an hour after sunset to half an hour before sunrise
shall be liable to a penalty which may extend to five thousand rupees.”.
(21) In Section 306, for sub-section (1), the following section shall be
substituted, namely:—
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“(1) Whoever, in contravention of any general or special prohibition
issued by the Commissioner, and without the permission of the
Commissioner, beats a drum or tom tom, blows a horn or trumpet or beats
or sounds any other instrument or makes a noise on any utensil, shall be
liable to a penalty which may extend to ten thousand rupees.”.
(22) For Section 307, the following section shall be substituted, namely:—
“307. Discharging fire-arms.— Whoever, unless authorized, bound or
justified discharges fire-arms or lets off fire-works, fire balloons, or
detonators, or engages in any game in such a manner as to cause, or be
likely to cause danger to persons passing by or dwelling or working in the
neighbourhood, or risk of injury to property, shall be liable a to penalty
which may extend to ten thousand rupees.”.
(23) For Section 308, the following section shall be substituted, namely:—
“308. Quarrying, blasting, cutting timber or building.— Whoever
quarries, blasts, cuts timber or carries on building operations in such
manner as to cause or to be likely to cause danger to persons passing by or
dwelling or working in the neighbourhood, shall be liable to a penalty
which may extend to ten thousand rupees.
(24) For Section 309, the following section shall be substituted, namely:—
“309. Lopping of branches, etc. of tree or plant on a public
place.— Whoever, without the permission of the Commissioner, lops or
cuts the branches or twigs of any tree or plant standing on a public place,
or plucks the fruits, flowers or leaves of such tree or plant, or causes any
damage thereto, shall be liable to a penalty which may extend to ten
thousand rupees, or in the case of a second or subsequent breach, to
twenty thousand rupees.”.
(25) In Section 318, for clause (b), the following clause shall be
substituted, namely:-
“(b) if the Commissioner has by notice in the prescribed manner during
the prevalence of rabies directed that dogs shall not be at large without
muzzles, shall be liable to a penalty which may extend to five thousand
rupees.”.
(26) For Section 319, the following section shall be substituted, namely:—
“319. Letting loose horse or other animals.— Whoever willfully or
negligently lets loose any horse or other animal so as to cause, or
negligently allows any horse or other animal to cause injury, danger, alarm
or annoyance to any person or damage to property, shall be liable to a
penalty which may extend to fifty thousand rupees.”.
(27) For Section 376, the following section shall be substituted, namely:—
“376. Power to demand punishment or dismissal.— Notwithstanding
anything contained in this Act, if in the opinion of the State Government
any officer or servant of the Corporation is negligent in the discharge of
his duties, the Corporation shall, on the requirement of the State
Government, suspend or hold him liable to a penalty; and if in the opinion
of the State Government he is unfit for his employment, the Corporation
shall dismiss him.”.
(28) In Section 387,—
(i) for sub-section (1), the following sub-section shall be substituted,
namely:—
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“(1) In making a bye-law under section 386, the Corporation may
provide that a breach or any abatement of a breach thereof shall be
liable to a penalty—
(a) which may extend to one lakh rupees and, in the case of a
continuing breach, to a penalty which may extend to ten thousand
rupees for each day during which the breach continues after the first
breach; or
(b) which may extend to ten thousand rupees for every day during
which the breach continues after receipt of written notice from the
Commissioner to discontinue the breach.”;
(ii) in sub-section (2), for the word “fine”, the word “penalty” shall be
substituted.
(29) In Section 391, for sub-section (4), the following sub-section shall be
substituted, namely:—
“(4) In making rules under clauses (d) and (i), and clauses (t) and (u) of
sub-section (2), the State Government may direct that a breach of any
provision thereof shall be liable to a penalty which may extend to five
thousand rupees.”.
(30) In Section 392, in sub-section (1), for the words “punishable with
fine”, the words “liable to a penalty” shall be substituted.
(31) For section 395, the following section shall be substituted, namely:—
“395. Penalty for obstruction.— Any person who willfully obstructs
any Corporation authority, or any Corporation officer or servant, or any
person authorized by any Corporation authority in the exercise of powers
conferred by this Act or any rules or bye-laws made there under shall be
liable to a penalty which may extend to ten thousand rupees.”.
(32) For Section 398, the following section shall be substituted, namely:—
“398. Penalty for disobedience of order of Corporation
authorities.— Whoever disobeys any lawful direction or prohibition
given by an authority of the Corporation by a public notice, or by any
written notice lawfully issued under the provisions of this Act, or fails to
comply with the conditions subject to which any permission was granted
to him by an authority of the Corporation under the said provisions, shall,
if the disobedience or omission is not an offence liable under any other
Section, be liable to a penalty which may extend to ten thousand rupees;
and in the case of a continuing breach, to a further penalty which may
extend to ten thousand rupees for every day after the first during which the
breach continues:
Provided that when the notice fixes a time within which a certain act is
to be done and no time is specified in this Act, it shall rest with the
magistrate trying an offence under this section to determine whether the
time so fixed was reasonable for purpose of compliance with the notice.”.
7.
1994
14
The Goa
Panchayat
Raj Act,
1994
(1) In Section 27, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Any person who contravenes the provision of sub-section (1) shall
be liable to a penalty which may extend to five thousand rupees.”.
(2) In Section 32, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) If any person to whom this section applies, without reasonable
cause, commits any act or omission in breach of his official duty, he shall
be liable to a penalty which may extend to five thousand rupees.”.
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(3) In Section 36, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Any person who contravenes the provisions of sub-section (1) shall
be liable to a penalty which may extend to two thousand five hundred
rupees.”.
(4) In Section 38, for sub-section (1), the following sub-section shall be
substituted, namely:—
“(1) Any person who, at a public meeting held in connection with an
election under this Act, acts or incites others to act in a disorderly manner
for the purpose of preventing the transaction of the business for which the
meeting was called, shall be liable to a penalty which may extend to five
thousand rupees.”.
(5) For Section 40, the following section shall be substituted, namely:—
“40. Penalty for illegal hiring or procuring of conveyance at election.—
If any person is guilty of any such corrupt practice as is specified in clause
(vi) of section 23 at or in connection with an election, he shall be liable to
a penalty which may extend to five thousand rupees.”.
(6) In Section 88, for the expression “shall on conviction, be punished
with fine which may extend to fifty rupees and if the offence be a continuing
one, with further fine which may extend to ten rupees for every day during
which the said offence is continued after the date of first conviction”, the
expression “shall be liable to a penalty which may extend to one thousand
rupees and, if the contravention is a continuing one, to a further penalty
which may extend to five hundred rupees for every day during which such
contravention continues after the date of the first imposition of penalty” shall
be substituted.
(7) In Section 90, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Any person who buries or otherwise disposes of any corpse in any
such place after the date specified in the said notification for closure
thereof, or buries any corpse in any unoccupied Government land not set
apart for the burial of the dead under the provisions of any law for the time
being in force or by established usage, shall be liable to a penalty which
may extend to one thousand rupees.”.
(8) In Section 93, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Whoever washes such clothing or bedding or other articles at any
place other than those set apart for such purposes under sub-section (1),
shall be liable to a penalty which may extend to five hundred rupees.”.
(9) For Section 110, the following section shall be substituted, namely:—
“110. Using offensive substance, etc.— Whoever, except with the
written permission of a Panchayat and except in the manner, if any,
enjoined in such permission, stores or uses night soil or other substances
emitting an offensive smell other than cattle manure, shall be liable to a
penalty which may extend to one thousand rupees.”.
(10) In Section 111, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) If any person, after such direction, uses or permits to be used any
such furnace not so constructed, supplemented or altered, or so negligently
uses or permits to be used any such furnace that the smoke arising therefrom
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is not effectually consumed or burnt as far as may be practicable, every
person so offending being the owner or occupier of the said works or
buildings, or being an agent or other person employed by such owner or
occupier for managing the same shall be liable to a penalty which may
extend to one thousand rupees and, upon any subsequent contravention, to
a penalty which may extend to five thousand rupees:
Provided that nothing in this section shall be held to apply to
locomotive engines used for the purpose of traffic upon any railway or any
other engines, for the repair of roads.”.
(11) In Section 112, for the expression “shall, on conviction, be punished
with fine which may extend to one hundred rupees”, the expression “shall be
liable to a penalty which may extend to one thousand rupees” shall be
substituted.
(12) In Section 112-B, for sub-section (1), the following sub-section shall
be substituted, namely:—
“(1) Whoever, within the limits of a village, allows any cattle which are
his property or in his charge to stray in any street or to trespass upon any
private or public property, shall be liable to a penalty,—
(i) for the first contravention, which may extend to two thousand
rupees;
(ii) for a second or subsequent contravention, which may extend to
five thousand rupees.”.
(13) In Section 112-C, for sub-section (2), the following sub-section shall
be substituted, namely:—
“(2) Whoever forcibly opposes the seizure of cattle liable to be seized
under the Act and whoever rescues the same after the seizure, either from
a pound or from any person taking or about to take them to a pound, shall
be liable to a penalty of forty thousand rupees.”.
(14) In Section 187, for sub-section (4), the following sub-section shall be
substituted, namely:—
“(4) Any person who wilfully neglects or refuses to comply with any
requisition lawfully made under sub-section (3), shall be liable to a penalty
which may extend to one thousand rupees:
Provided that no proceedings for the imposition of such penalty shall be
initiated without the sanction of the Chief Executive Officer.”.
(15) For Section 209, the following section shall be substituted, namely:—
“209. Penalty for contravention of any order regarding
requisition.— If any person contravenes any order made under Section
203 or Section 205, he shall be liable to a penalty of forty thousand
rupees.”.
(16) In Section 211,—
(a) for sub-section (1), the following sub-section shall be substituted,
namely:—
“(1) Whoever acts as a member of a Panchayat or Zilla Panchayat
knowing that under this Act or the rules made thereunder he is not
entitled to, or has ceased to be entitled to, hold office as such, shall be
liable to a penalty of one thousand rupees for every day on which he so
sits or votes as a member.”;
(b) for sub-section (2), the following sub-section shall be substituted,
namely:—
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“(2) Whoever acts as the Sarpanch or Deputy Sarpanch of a
Panchayat, or Adhyaksha or Upadhyaksha of a Zilla Panchayat, or
exercises any of the functions thereof, knowing that under this Act or
the rules made thereunder he is not entitled to, or has ceased to be
entitled to, hold such office or exercise such functions, shall be liable to
a penalty of two thousand rupees for every day on which he so acts or
exercises such functions.”;
(c) in sub-section (3), for the expression “shall, on conviction, be
punished with a fine which may extend to one hundred rupees”, the
expression “shall be liable to a penalty which may extend to one thousand
rupees” shall be substituted.
(17) For Section 212, the following section shall be substituted, namely:—
“212. Penalty for interested member voting.— Whosoever votes as a
member of a Panchayat or Zilla Panchayat in contravention of the
provisions of sub-section (4) of Section 55 or clause (g) of sub-section (2)
of Section 136 shall be liable to a penalty which may extend to five
thousand rupees.”.
(18) For Section 213, the following section shall be substituted, namely:—
“213. Penalty for acquisition by officer or servant of interest in
contract.— If any member, officer or servant of a Panchayat or Zilla
Panchayat knowingly acquires for himself directly or indirectly, by
himself or through a partner, employer or servant, any share or interest in
any contract or employment with, by or on behalf of a Panchayat or Zilla
Panchayat, he shall be liable to penalty which may extend to five thousand
rupees:
Provided that no person shall, by reason of being a shareholder, in or
member of, any company, be held to be interested in any contract entered
into between such company and the Panchayat or Zilla Panchayat unless
he is a Director of such company:
Provided further that nothing in this section shall apply to any person
who, with the sanction of the Director enters into a contract with a
Panchayat or Zilla Panchayat.”.
(19) For Section 214, the following section shall be substituted, namely:—
“214. Wrongful obstruction of certain officers.— Any person who
prevents the Chief Executive Officer or the Secretary or any person to
whom such officer has lawfully delegated his powers from entering on or
into any place, building or land, from exercising his lawful power of
entering thereon or, therein shall be liable to a penalty of five thousand
rupees.”.
(20) For Section 215, the following section shall be substituted, namely:—
“215. Prohibition against obstruction of Sarpanch or Deputy Sarpanch,
etc.— Any person obstructing a Sarpanch, Deputy Sarpanch, Secretary or
member of a Panchayat, Adhyaksha, Upadhyaksha, Chief Executive
Officer or member of a Zilla Panchayat, or any person employed by the
Panchayat or Zilla Panchayat, or any person with whom a contract has
been entered into by or on behalf of a Panchayat or Zilla Panchayat, in the
discharge of his duty or in the exercise of anything which he is empowered
or required to do by virtue of, or in consequence of, this Act or any rules,
bye-laws, regulations or orders made thereunder, shall be liable to a
penalty which may extend to five thousand rupees.”.
(21) For Section 216, the following Section shall be substituted, namely:—
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“216. Prohibition against removal or obliteration of notice.— Any
person, who without authority in that behalf removes, destroys, defaces or
otherwise obliterates any notice exhibited, or any sign or mark erected by
or under the orders of a Panchayat or Zilla Panchayat or its executive
authority, shall be liable to a penalty which may extend to one thousand
rupees.”.
(22) For Section 217, the following section shall be substituted, namely:—
“217. Penalty for not furnishing information or giving false
information.— Any person who is required by this Act, or by any notice or
by other proceedings issued thereunder, to furnish any information, and
who fails to furnish such information or knowingly furnishes false
information, shall be liable to a penalty which may extend to one thousand
rupees.”.
(23) In Section 218, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Any person who contravenes the provisions of sub-section (1) shall
be liable to a penalty which may extend to five thousand rupees; and if
such person is an officer or employee of the Panchayat or Zilla Panchayat,
he shall also be liable for dismissal from service in accordance with the
applicable service rules.”.
(24) For Section 223, the following section shall be substituted, namely:—
“223. Punishment for disobedience or orders and notices not
punishable under any other section.— Whoever disobeys or fails to
comply with any lawful direction given by way of written notice issued by
or on behalf of a Panchayat or Zilla Panchayat under any power conferred
by this Act, or fails to comply with the conditions subject to which any
permission was given to him by the Panchayat or Zilla Panchayat
concerned under any such power, shall, if such disobedience or failure is
not otherwise provided for under any other section, be liable to a penalty
which may extend to one thousand rupees, and in the case of a continuing
contravention, to a further penalty which may extend to one hundred
rupees for every day during which such disobedience or failure continues
after the date of the first imposition:
Provided that when the notice fixes a time within which a certain act is
to be done, and no time is specified in this Act, the Magistrate shall
determine whether the time so fixed was reasonable.”.
(25) In Section 228, for sub-section (1), the following sub-section shall be
substituted, namely:—
“(1) Whoever,—
(a) rents, alters, adds to or reconstructs a building without the written
permission required by Section 66 or in contravention of any of the
conditions imposed by it; or
(b) uses any place without a licence required by Sections 68, 69, 70
and 71 or in contravention of any of the conditions or during the
suspension of the licence; or
(c) contravenes any other provision of this Act,
shall be liable to a penalty which may extend to five thousand rupees and,
in the case of a continuing contravention, to a further penalty which may
extend to one hundred rupees for every day after the first imposition during
which the contravention continues.”.
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(26) In Section 236, for sub-section (2), the following sub-section shall be
substituted, namely:—
“(2) Whoever contravenes the provisions of sub-section (1), shall be
liable to a penalty of twenty thousand rupees.”.
8.
1987
4
The Goa
Labour
Welfare
Fund Act,
1986
(A) In Section 3, in sub-section (2), in clause (i), for the word “fines”, the
word “penalties” shall be substituted.
(B) In Section 13, for sub-section (1), the following sub-section shall be
substituted, namely:—
“(1) If an employer does not pay to the Board any amount of unpaid
accumulation or penalty realized from the employees, within the time
specified by or under this Act, the Secretary may serve or cause to be
served a notice on such employer requiring payment of the said amount
within the period specified therein, which shall not be less than thirty days
from the date of service of such notice.”.
(C) In Section 16, in sub-section (2), for the second proviso, the following
proviso shall be substituted, namely:—
“Provided further that the penalties shall be expended by the Board
under this Act, notwithstanding anything contained in the Payment of
Wages Act, 1936 (Central Act 4 of 1936) or any other law or agreement
for the time being in force.”.
(D) In Section 26,—
(a) for clause (a), the following clause shall be substituted, namely:—
“(a) for the first offence, the employer shall be liable to a penalty not
exceeding twenty-five thousand rupees.”;
(b) for clause (b), the following clause shall be substituted, namely:—
“(b) for a second or subsequent offence, the employer shall be liable
to a penalty of fifty thousand rupees.”.
(c) for the existing proviso, the following proviso shall be substituted,
namely:
“Provided that, in the absence of special and adequate reasons to the
contrary to be recorded in the judgment of the Court, in any case where
the offender is liable to penalty only, the amount of such penalty shall
not be less than ten thousand rupees.”.
(E) In Section 27,—
(a) for clause (a), the following clause shall be substituted, namely:—
“(a) for the first offence, the employer shall be liable to a penalty not
exceeding twenty-five thousand rupees.”;
(b) for clause (b), the following clause shall be substituted, namely:—
“(b) for a second or subsequent offence,the employer shall be liable
to a penalty of fifty thousand rupees.”;
(c) for the existing proviso, the following proviso shall be substituted,
namely:
“Provided that, in the absence of special and adequate reasons to the
contrary to be recorded in the judgment of the Court, in any case where
the offender is liable to penalty only, the amount of such penalty shall
not be less than ten thousand rupees.”.
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(F) For Section 29, the following section shall be substituted, namely:—
“29. General provision for penalty for contravention.— Any employer
who contravenes any provision of this Act or of any rule or order made
there under shall, if no other penalty is separately provided under this Act,
be liable to a penalty which may extend to ten thousand rupees.”.
(G) In Section 29A,—
(a) for sub-section (1), the following sub-section shall be substituted,
namely:—
“(1) Any contravention liable to penalty under this Act may, on an
application made by the person concerned, either before or after the
institution of any proceedings, be compounded by such Officer as the
Government may, by notification in the Official Gazette, specify, for a
sum equivalent to seventy-five percent of the maximum penalty
provided for such contravention, in such manner as may be
prescribed.”;
(b) for sub-section (7), the following sub-section shall be substituted,
namely:
“(7) Any person who fails to comply with an order made by the
officer referred to in sub-section (1) shall be liable to pay a sum
equivalent to twenty five percent of the maximum penalty provided for
the contravention, in addition to such penalty.”.
(H) In Section 37, for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) Any rule made under this section may provide that a contravention
thereof shall be liable to a penalty which may extend to five thousand
rupees.”.
(I) For Section 41, the following section shall be substituted, namely:—
“41. Realization of penalties and remittance thereof.— All penalties
recovered from the wages of an employee under the respective conditions of
service in an establishment shall be recorded in a register, as may be
prescribed, to be maintained by the person responsible for payment of wages
to such employee, and all such recoveries shall be credited to the Labour
Welfare Fund constituted under Section 3, in the manner prescribed.”.
9.
1985
25
The Goa
Public
Health Act,
1985
(A) In Section 53, in sub-section (4), for clause (b), the following clause
shall be substituted, namely:—
“(b) leaves or takes away any person from any such hospital or place in
contravention of sub-section (3), shall be liable to a penalty of twenty-five
thousand rupees.”.
(B) In Section 97,—
(a) for sub-section (1), the following sub-section shall be substituted,
namely:—
“(1) In making a rule under Section 75, the Government may provide
that a breach of such rule shall be liable to a penalty to the extent of
twenty-five thousand rupees.”;
(b) in sub-section (2),—
(i) for clause (i), the following clause shall be substituted, namely:—
“(i) with penalty which may extend to one thousand rupees and in
case of a continuing breach, with penalty which may extend to two
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(5)
hundred rupees for every day during which the breach continues after
the first breach; or ”;
(ii) for clause (ii), the following clause shall be substituted, namely:—
“(ii) with penalty which may extend to two hundred rupees for every
day during which the breach continues after receipt of notice from the
local authority or the Health Officer to discontinue such breach.”.
(C) For Section 102, the following section shall be substituted, namely:—
“102. Penalty for preventing entry of local authority or Health
Officer.— Every person who prevents the local authority or the Health
Officer or any person to whom the local authority or the Health Officer
has lawfully delegated his powers of entering on or into any land or
building from exercising his lawful power of entering thereon or therein
to, shall be liable to a penalty of twenty-five thousand rupees.”.
10.
1997
5
The Goa
Non-
Biodegrad-
able
Garbage
(Control)
Act, 1996
(A) For Section 5A, the following section shall be substituted, namely:—
“5A. Penalty for contravening provisions of Section 5.— Whoever
contravenes the provisions of section 5 shall be liable to a penalty of,—
(a) one thousand rupees for the first contravention, five thousand
rupees for the second contravention and ten thousand rupees for every
subsequent contravention, where such contravention relates to a
residential house;
(b) Five thousand rupees for the first contravention, ten thousand
rupees for the second contravention and fifty thousand rupees for every
subsequent contravention, where such contravention relates to a
commercial establishment.”.
(B) For Section 5B, the following section shall be substituted, namely:—
“5B. Penalty for contravening provisions of Section 3A.— (1) Whoever
contravenes the provisions of sub-section (1) of section 3A shall be liable
to a penalty of one lakh rupees for the first contravention, two lakh rupees
for the second contravention and five lakh rupees for every subsequent
contravention.
(2) Whoever contravenes the provisions of sub-section (2) of Section
3A shall be liable to,—
(i) a penalty of five thousand rupees for the first contravention, seven
thousand five hundred rupees for the second contravention and ten
thousand rupees for every subsequent contravention, where such
contravention is in relation to an individual;
(ii) a penalty of twenty-five thousand rupees for the first
contravention, fifty thousand rupees for the second contravention and
one lakh rupees for every subsequent contravention, where such
contravention is in relation to a commercial establishment.
(3) Whoever contravenes the provisions of sub-section (3) of Section
3A shall be liable to a penalty of ten thousand rupees in the case of simple
burning, fifty thousand rupees in the case of bulk burning for the first
contravention and for every subsequent contravention, to a penalty of
twenty thousand rupees for simple burning and one lakh rupees for bulk
burning.”.
(C) In Section 8,—
(a) for sub-section (1), the following sub-section shall be substituted,
namely:—
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(5)
“(1) Save as provided in Section 5A, whoever commits any act or
makes intentional omission, in contravention of any of the provisions of
this Act or of any rule, notification or order, made, issued or given
under this Act, shall be liable to a penalty which may extend to ten
thousand rupees and for every subsequent contravention, to a further
penalty which may extend to twenty-five thousand rupees.”;
(b) sub-section (3) shall be omitted.
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THE SCHEDULE-II
(See section 2)
Sl.
No.
Year
Act
No.
Short Title
Amendments
(1)
(2)
(3)
(4)
(5)
1.
2013
19
The Goa
(Right of
Citizens to
Time-
Bound
Delivery of
Public
Services)
Act, 2013
After section 12, the following section shall be inserted, namely:—
“12A. Liability of Designated Officer/any other person.— (1) Where
the Appellate Authority is of the opinion that any Designated Officer or
departmental authority or any other person fails to acknowledge or refuses
to recognise a deemed-approved application or cause obstruction in
implementation of the deemed approval, such officer/authority/person
shall be liable to pay a penalty of ₹ 25,000 (rupees twenty-five thousand)
for the first offence and ₹ 75,000 (rupees seventy-five thousand) for every
subsequent offence.
(2) In case of a Government servant, such penalty shall be recoverable
from his salary and credited to the Consolidated Fund of the State. In case
of a person other than a Government servant, the penalty shall be required
to be paid within fifteen (15) days from the date of issuance of the penalty
order. In the event of failure to remit the penalty within the stipulated
period, the same shall be recoverable as arrears of land revenue.”.
STATEMENT OF OBJECTS AND REASONS
This Bill seeks to amend enactments enacted by the Legislative Assembly of Goa, namely, the Goa
Excise Duty Act, 1964 (Act No. 5 of 1964), the Goa Waste Management Act, 2016 (Goa Act 19 of 2016),
the Goa Fire Force Act, 1986 (Act No. 9 of 1986), the Goa Land Revenue Code, 1968 (Act No. 9 of 1969),
the Goa Municipalities Act, 1968 (Act 7 of 1969), the City of Panaji Corporation Act, 2002 (Goa Act No. 1
of 2003), the Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of 1994), the Goa Labour Welfare Fund Act,
1986 (Act No. 4 of 1987), the Goa Public Health Act, 1985 (Act No. 25 of 1985), the Goa Non-
Biodegradable Garbage (Control) Act, 1996 (Goa Act 5 of 1997) and the Goa (Right to Citizens to Time-
Bound Delivery of Public Services) Act, 2013 (Goa Act 19 of 2013) for decriminalising and rationalising
minor offences, substituting imprisonment clauses with monetory penalties and substituting of fine to
penalty so as to further enhance trust-based governance and it also contains provision to ensure time bound
delivery of notified public service for ease of living and doing business.
The Bill also seeks to repeal the Goa Jan Vishwas (Laws Amendment) Ordinance, 2025 (Ordinance No.
4 of 2025) which was promulgated by the Governor of Goa on 02-12-2025.
This Bill seeks to achieve above objects.
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FINANCIAL MEMORANDUM
No financial implications are involved in this Bill.
MEMORANDUM REGARDING DELEGATED LEGISLATION
No delegated legislation is involved in this Bill.
Porvorim-Goa.
9th January, 2026.
DR. PRAMOD SAWANT
Minister for Law & Judiciary.
Assembly Hall,
Porvorim, Goa.
9th January, 2026.
NAMRATA ULMAN
Secretary to the
Legislative Assembly of Goa.
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ANNEXURE
Sl.
No.
Name of the Act
Section No.
Extract of existing provisions
(1)
(2)
(3)
(4)
1.
The Goa Excise
Duty Act, 1964
(Act No. 5 of
1964)
Section 35
35. Penalties for offences not otherwise provided for.— Whoever
is guilty of any act or intentional omission in contravention of any
of the provisions of this Act, or of any rule or order made under this
Act, and not otherwise provided therein shall be punished for each
such act or omission with fine which may extend to ten thousand
rupees.
Section 35A
35A. Punishment for attempt to commit offences.— Whoever
attempts to commit an offence punishable under this Act, or to
cause such an offence to be committed, and in such attempt does
any act towards commission of such offence, shall be punishable—
(a) where the offence is punishable with imprisonment only,
with imprisonment for a term which may extend to one half of
the longest term of imprisonment provided for such offence, or
(b) where the offence is punishable with fine only, with such
fine as is provided for the offence, or
(c) where the offence is punishable with both imprisonment
and fine, with imprisonment for a term which may extend to
one-half of the longest term of imprisonment provided for such
offence and also with such fine as is provided for such offence.
Section 38
38. Limits of confiscation and/or penalty.— Without prejudice to
the limits of fines/penalties provided hereinbefore in every case in
which, under this Act, anything is liable to confiscation and/or
liable to penalty, as the case may be, such confiscation and/or
penalty or with both may be ordered—
(a) without limit by the Commissioner, or
(b) up to confiscation of goods not exceeding ten thousand
rupees and imposition of penalty not exceeding one thousand
rupees by such other Excise Officer as the Government may,
from time to time, empower in that behalf.
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(3)
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Explanation:— Penalty construed herein shall be in relation to
the nature and gravity of offence committed by the licensee in
person or by his/her agent acting on his/her behalf and includes
violation of condition of licence or of a bond.
Section 39
39. Fine in lieu of confiscation.— Whenever confiscation is
authorised by this Act, the officer ordering the same may give the
owner of the goods an option to pay in lieu of confiscation such
fine as the officer thinks fit. Payment of the fine does not absolve
the owner of the goods from the payment of duties and other
charges prescribed in this Act.
2.
The Goa Waste
Management
Act, 2016 (Goa
Act 19 of 2016)
Section 31
31. Penalty for construction or use of land and buildings
contrary to terms of holdings.— (1) Any person who, whether at
his own instance or at the instance of any other person, undertakes
or carries out construction of or alteration to any building in any
waste management area/site contrary to the terms under which he
holds such building or land under this Act or any rules made
hereunder shall, be liable to a fine which may not be less than fifty
thousand rupees, and in the case of a continuing contravention,
with a further fine which may extent to one thousand rupees for
every day during which such offence continues after commission of
first such offence.
(2) Any person who uses any land or building in a waste
management area/site contrary to the terms under which he holds
such land or building under this Act or any rules made hereunder in
this behalf shall be liable to pay fine as determined by the
Corporation which may not be less than one lakh rupees, and such
person shall be liable to be evicted therefrom.
Section 45
45. Offences and Penalties.— Whoever contravenes the
provisions of this Act or rules made thereunder shall be punishable
with imprisonment for a term which may extend to one year.
Section 48
48. Penalty for obstruction.— (1) Any person who obstructs the
entry of a person authorized under section 34 or any person with
whom the Corporation has entered into a contract for the
performance and execution of any act by such person, to enter into
or upon any land or building or molests such person after such
entry or who obstructs the lawful exercise by him of any power
conferred by or under this Act shall, on conviction by a competent
court, be punished with imprisonment for a term which may extend
to six months, or with fine which may extend to one thousand
rupees, or with both.
(2) If any person removes any mark set up for the purpose of
indicating any level, boundary line, or direction necessary to the
execution of works authorized under this Act, he shall, on
conviction, be punished with imprisonment for a term which may
extend to three months or with fine which may extend to rupees ten
thousand or with both.
3.
The Goa Fire
Force Act, 1986
(Act No. 9 of
1986)
Section 20
20. Penalty for violation of duty, etc.— Any member of the Fire
Force who,—
(a) if found to be guilty of any violation of duty or wilful
breach of any provision of this Act or any rule or order made
thereunder; or
(b) is found to be guilty of cowardice; or
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(c) withdraws from the duties of his office or resigns without
permission or without having given previous notice of at least
two months; or
(d) being absent on leave fails without reasonable cause to
report himself for duty on the expiration of such leave; or
(e) accepts any other employment or office in contravention
of the provisions of Section 24,
shall be punishable with imprisonment which may extend to
three months or with fine which may extend to an amount not
exceeding three months’ pay of such member or with both.
Section 21
21. Failure to take precautions.— Whoever fails without
reasonable cause to comply with any of the requirements specified
in a notification issued under sub-section (1) of Section 13 or of a
direction issued under sub-section (2) of that section shall be
punishable with fine which may extend to one thousand rupees.
4.
The Goa Land
Revenue Code,
1968 (Act No. 9
of 1969)
Section 19
19. Recovering value of natural products unauthorisedly
removed from certain lands.— Any person who unauthorisedly
removes from any land which is set apart for a special purpose or
from any land which is the property of the Government any natural
product (not being trees) shall be liable to the Government for the
value thereof, and in addition, to a fine not exceeding five times the
value, of the natural product so removed. Such value and fine shall
be recoverable from him as an arrear of land revenue.
Sub-section (5)
of Section 32
(5) If the person fails to inform the Mamlatdar, within the period
specified in sub-section (4), he shall be liable to pay, in addition to
the non-agricultural assessment, such fine as the Government may,
by notification in the Official Gazette, specify, from time to time.
Sub-section (1)
of Section 33
(1) If any land held or assessed for one purpose is used for
another purpose without obtaining permission of the Collector
under Section 32 35 [or 32-A] or before the expiry of the period
after which the change of user is deemed to have been granted
under that section, or in contravention of any of the terms and
conditions subject to which such permission is granted, the holder
thereof or other person claiming through or under him, as the case
may be, shall be liable to the one or more of the following
penalties, that is to say,—
(i) to pay non-agricultural assessment on the land with
reference to the altered use;
(ii) to pay such fine not exceeding the market value of the
land as the Collector may, subject to rules made by the
Government in this behalf, direct;
(iii) to restore the land to its original use or to observe the
conditions on which the permission is granted within such
reasonable period as the Collector may by notice in writing
direct; and such notice may require such person to remove any
structure, to fill up any excavation or to take such other steps as
may be required in order that the land may be used for its
original purpose or that the conditions may be satisfied.
Sub-section (1A)
of Section 33
(1A) Where the land has been used for dumping mining rejects
or like material without permission, the Government may impose
such fine as may be prescribed.
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Sub-section (2)
of Section 37
(2) The person who made such encroachment or who is in
unauthorised occupation of the land so encroached upon shall pay,
if the land encroached upon forms part of an assessed survey
number, assessment for the entire number for the whole period of
the encroachment, and if the land has not been assessed, such
amount of assessment as would be leviable for the said period in
the same village on the same extent of similar land used for the
same purpose. Such person shall pay in addition a fine which shall
be not less than five rupees but not more than one thousand rupees
if the land is used for an agricultural purpose, and if used for a
purpose other than agriculture such fine not exceeding two
thousand rupees.
Sub-section (4)
of Section 37
(4) Every person who makes, causes, permits or continues any
encroachment on any land referred to in a notice issued under sub-
section (3), shall in addition to the penalties specified in sub-
section (2), be liable at the discretion of the Collector to a fine not
exceeding twenty-five rupees in the case of encroachment for
agricultural purposes and fifty rupees in other cases for every day
or part of a day during which the encroachment continues after the
date on which the notice takes effect.
Section 92
92. Revocation of exemption.— It shall be lawful for the
Government to direct that any land which is exempt under the
provisions of Section 91 from payment of non-agricultural
assessment shall cease to be so exempt if the land is used for any
purpose other than that for which the exemption is provided;
thereupon the land shall be liable to payment of the assessment
according to the provisions of this Chapter, and in addition, to such
fine not exceeding the market value of the land as the Collector
may, subject to rules made by the Government in this behalf, direct.
Section 100
100. Fine for neglect to afford information.— Any person
neglecting to make the report required by Section 96, or furnish the
information or produce the documents required by Section 99
within the period specified in that section shall be liable, at the
discretion of the Collector, to be charged a fine not exceeding
twenty-five rupees, which shall be leviable as an arrear of land
revenue.
Section 162
162. Sum recoverable under provisions of this Chapter.— All
sums due on account of land revenue, rent, cesses, profits from
land, fees, charges, fines, penalties, water rates, royalty, costs,
expenses payable or leviable under this Code; and all sums
declared by this Code or any law for the time being in force or by
any agreement or contract with the Government to be leviable as an
assessment, or as a revenue demand, or as an arrear of land
revenue, shall be levied under the foregoing provisions of this
Chapter and all the provisions of this Chapter shall, so far as may
be, be applicable thereto.
Sub-section (2)
of Section 199
(2) In particular, and without prejudice to the generality of the
foregoing provision, such rules may provide for all or any of the
following matters:—
(i) under Section 4, appointment of other village officers, and
servants;
(ii) under Section 8, the registers, accounts and other records
to be kept by the village officers;
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(iii) under Section 9, the powers and duties to be performed
by the officers specified in clauses (b), (d), (e), (f) and (g) of
Section 4;
(iv) under Section 21, rules for the disposal of land belonging
to or vesting in the Central Government;
(v) under sub-section (1) of Section 22, rules for the disposal
of alluvial land;
(vi) under sub-section (4) of Section 24, the premium to be
paid;
(vii) under Section 26, the rules subject to which the Collector
may lease under grant or contract any unoccupied land;
(viii) under Section 31, the rules subject to which the
Collector or survey officer may regulate or prohibit the use of
land for other purposes and summarily evict any holder who
uses such land for such prohibited purpose;
(ix) under sub-section (1), of Section 32 the form of
application for permission to convert the use of land from one
purpose to another; under clause (c) of sub-section (2), of
Section 32 the rules subject to which permission for change of
user may be granted by the Collector; and under sub-section (3),
of Section 32 the conditions subject to which the permission for
change of user shall be deemed to have been granted under sub-
section (5), of Section 32 the rules prescribing the fine which the
defaulter shall be liable to pay; and under sub-section (6) of
Section 32 the form in which sanad shall be granted to the holder
for non-agricultural use;
(x) under sub-section (1) of Section 33, the rules prescribing
the fine to be paid as penalty for using land without permission;
(xi) under Section 35, the rules subject to which the Collector
may regularize the non-agricultural use of any land;
(xii) under sub-section (9) of Section 36, the rules to regulate
the extraction and removal of minor minerals;
(xiii) under Section 38, the rules subject to which the land
shall be granted to the encroacher;
(xiv) under Section 46, rules subject to which holding shall be
disposed of;
(xv) under Section 50, the rules subject to which a holder of
land shall be entitled to decrease of' assessment;
(xvi) under sub-section (2), of Section 51, rules according to
which the assessment may be altered;
(xvii) under Section 52, the rules in accordance with which
reduction, suspension or remission of land revenue in any area
may be granted;
(xviii) under Section 60, the rules in accordance with which
the records of the area and assessment of survey numbers and
sub-divisions thereof shall be maintained;
(xix) under Section 61, the rules in accordance with which the
Collector may divide the holding and apportion assessment
thereof and the limits of area of land revenue below which
partition may be rejected;
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(xx) under Section 66, the rate of survey fee;
(xxi) under Section 67, the form of sanad;
(xxii) under sub-section (1) of Section 69, the rules for
dividing the lands to be settled into groups and fixing the
standard rates for each group;
(xxiii) under Section 71, the manner of ascertaining the
average yield of crops of land for the purposes of the settlement
and the manner of holding enquiry for that purpose and the
manner of submitting report to the Collector;
(xxiv) under sub-section (1) of Section 72, the manner of
publication of settlement report;
(xxv) under sub-section (3) of Section 74, scale for levy of
surcharge and grant of rebate;
(xxvi) under sub-section (1) of Section 77, other particulars to
be shown in the settlement register;
(xxvii) under Section 79, the manner in which land revenue
assessment of individual survey numbers and sub-divisions shall
be fixed by the Settlement Officer on the basis of their
classification value;
(xxviii) under Section 87, the percentage of the full market
value of lands and the other manner of publication of the
standard rates of non-agricultural assessment, fixed or revised
and the manner in which the full market value shall be
estimated;
(xxix) under Section 91, the other occupations under clause
(1), and the period and conditions under clause (5), thereof;
(xxx) under sub-section (1), the form of the record of rights
and the other particulars which a record of rights shall include,
under sub-section (2), the procedure for the first preparation of
the record of rights in any village and under sub-section (3) of
Section 95 the rules for maintaining the record of rights up-
todate;
(xxxi) under Section 97, the form of acknowledgement to be
given by the Talathi under sub-section (3), the manner in which
orders disposing of objections shall be recorded in the register of
mutations under sub-section (4), the rules subject to which
transfers of entries from the register of mutations to the record of
rights shall be effected under sub-section (5), the manner in
which entries in the register of mutations shall be certified under
sub-section (6) thereof;
(xxxii) under Section 98, the form of the register of cultivators
and crops and the manner in which it shall be maintained;
(xxxiii) the rules for the purpose of Section 101;
(xxxiv) under Section 102, the form in which and the times at
which intimation of transfers by registering officers shall be
sent;
(xxxv) under Section 104, the other land records to be
prepared;
(xxxvi) under Section 108, the rules subject to which, and the
fees on payment of which, maps and records shall be open to the
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inspection of the public and certified extracts from the same or
certified copies thereof shall be given;
(xxxvii) under sub-section (2) of Section 114, the rules for
regulating the procedure of the Collector in demarcating the
boundaries of a survey number or of a subdivision and the nature
of the boundary marks to be used and authorising the levy of
fees from the holders of land;
(xxxviii) under Section 116, the rules subject to which the
Superintendent of Surveys and Land Records may determine the
description of the boundary marks and survey marks and the
manner in which they shall be constructed, laid out, maintained
or repaired and determining dimensions and materials of such
boundary and survey marks under sub-section (3) thereof;
(xxxix) under Section 121, the rules providing for the payment
of land revenue in instalments and prescribing the dates on
which, the persons to whom, and the places whereat, such
instalments shall be paid;
(xl) under sub-section (2) of Section 125, the officer or class
of officers who shall distrain and sale the movable property of a
defaulter and the manner and procedure of doing it;
(xli) under Section 127, the rules subject to which the holding
forfeited to Government may be sold or otherwise disposed of;
(xlii) under Section 129, the form of warrant;
(xliii) under sub-section (1) of Section 131, the form of
security;
(xliv) under sub-section (1) of Section 133, the form of
proclamation to be issued, by the Collector;
(xlv) under sub-section (4) of Section 134, the form of notice;
(xlvi) under Section 181, the rules for conducting ordinary
inquiries;
(xlvii) under Section 182, the charge for copying, searches
inspection and other like matters;
(xlviii) under Section 184, the form of warrant;
(xlix) any other matter for which rules may be made under
this Code.
5.
The Goa
Municipalities
Act, 1968
(Act No. 7 of
1969)
Sub-section (2)
of Section 24
(2) Any person who contravenes any provision of sub-section (1)
shall, on conviction, be punished with fine which may extend to
two hundred and fifty rupees.
Sub-section (2)
of Section 25
(2) Any person who at a public meeting to which this section
applies acts, or invites others to act, in a disorderly manner for the
purpose of preventing the transaction of the business for which the
meeting was called together, shall, on conviction, be punished with
fine which may extend to two hundred and fifty rupees.
Sub-section (2)
of Section 26
(2) Any person who contravenes any provision of sub-section
(1), shall, on conviction, be punished with fine which may extend
to two hundred and fifty rupees.
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Section 29
29. Penalty for illegal hiring or procuring of conveyances at
election.— If any person is guilty of any such corrupt practice as is
specified in clause (5) of Section 23 at or in connection with an
election, he shall, on conviction, be punished with fine which may
extend to two hundred and fifty rupees.
Sub-section (1)
of Section 32
(1) If any person to whom this section applies is without
reasonable cause guilty of any act or omission in breach of his
official duty, he shall, on conviction, be punished with fine which
may extend to five hundred rupees.
Sub-section (1)
of Section 86
(1) All moneys received by or on behalf of a Council by virtue
of this Act or any other law for the time being in force, all taxes,
fines and penalties paid to or levied by it under this Act, other than
fines imposed by any Court, all proceeds of land or other property
sold by the Council, and all rents accruing from its land or property,
and all interest, profits and other moneys accruing by gift or
transfer from the Government or private individuals or otherwise,
shall constitute the municipal fund, and shall be held and dealt with
in a similar manner to the property specified in Section 84 and
Section 93, respectively: Provided that—
(a) nothing in this section or in section 84 shall in any way
affect any obligation accepted by or imposed upon any Council
by any declarations of trust executed by or on behalf of such
Council or by any scheme settled under the Charitable
Endowments Act, 1890, for the administration of any trust, or by
a trust of the nature specified in clause (b); VI of 1890.
(b) a Council may, subject to the condition that reasonable
provision shall be made for the performance of all obligations
imposed or that may be imposed on it by or under this Act or any
other law for the time being in force, after crediting the
necessary sums to the funds created under Section 87, credit to a
separate heading in the municipal accounts any portion of the
municipal fund received or set apart by it specially for such
purposes as the Director in this behalf approves, and the Council
shall apply sums so credited exclusively to the special purposes
for which such sums were received or set apart;
(c) (i) every Council which levies a tax on pilgrims resorting
periodically to a shrine within its area shall, subject to the
condition that reasonable provision shall be made for the
purposes specified in sub-clause (ii), credit the proceeds of the
said tax to a separate heading in the municipal account to be
called the “Pilgrim Fund Account”;
(ii) the purposes for which provision shall be made by a
Council before the proceeds of the pilgrim tax are credited to the
Pilgrim Fund Account shall be the following, namely, the
payment to the Council of such percentage of the proceeds of the
said tax as may be determined from time to time by the Council
with the approval of the Director for—
(A) making reasonable provision for the performance of all
obligations imposed or which may be imposed on it by or
under this Act or any other law for the time being in force;
(B) such general duties of the Council as are connected
with the health, convenience and safety of the said pilgrims;
and
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(C) the cost of collection of the said tax;
(iii) the sums credited under sub-clause (i) shall be devoted to
such works conducive to the health, convenience and safety of the
said pilgrims as may be approved by the Director.
Sub-section (3)
of Section 125
(3) If the person liable to give the notice referred to in sub-
section (1) or sub-section (2) fails to give such notice, he shall, on
conviction, be punished with fine which may extend to fifty rupees.
Sub-section (2)
of Section 174
(2) Whoever contravenes any provision of sub-section (1), shall,
unless the provisions of clause (a) of sub-section (6) of Section 171
apply, on conviction, be punished with fine which may extend to
one hundred rupees, and in the case of a continuing contravention
with further fine which may extend to one hundred rupees for every
day after the first during which such contravention continues.
Sub-section (8)
of Section 174
(8) Whoever contravenes the conditions of any permission
granted under sub-section (4), or fails to comply with the
provisions of sub-section (6) or (7), shall, on conviction, be
punished with fine which may extend Five thousand rupees, and in
the case of continuing contravention with further fine which may
extend to one hundred rupees for every day after the first during
which such contravention continues.
Sub-section (7)
of Section 175
(7) Any such owner or occupier putting up any projection or
obstruction without the permission of the Council under sub-
section (2), or in contravention of such permission or any owner or
occupier who fails to remove any projection, encroachment or
obstruction after the receipt of a notice from the Council under sub-
section (4) or (5) shall, on conviction, be punished with fine which
may extend to Five thousand rupees and in the case of a continuing
offence with further fine which may extend to twenty rupees for
every day after the first during which such offence continues.
Sub-section (3)
of Section 176
(3) Whoever not being duly authorised in that behalf, removes
earth, sand or other material from, or makes any encroachment in
or upon, any open space which is not a private property, shall, on
conviction, be punished with fine which may extend to Five
thousand rupees, and in the case of continuing offence with further
fine which may extend to one hundred rupees for every day after
the first during which such offence continues.
Sub-section (6)
of Section 178
(6) Whoever lays out or makes any such street either without
giving the notice required by sub-section (1) or otherwise than in
accordance with the instructions issued by the Council under clause
(a) of sub-section (3), or in any manner contrary to the provisions
of this Act, or of any bye-laws in force thereunder shall, on
conviction, be punished with fine which may extend to Five
thousand rupees, and the Council may cause any street so laid out
or made, to be altered and any building constructed in such street to
be altered or removed and the expense thereby incurred shall be
paid to the Council by the offender, and shall be recoverable in the
same manner as an amount due on account of a property tax.
Sub-section (2)
of Section 180
(2) Any person who destroys, pulls down or defaces any such
name or number of a public street or number or sub-number of any
premises or part thereof or puts up any name, number or sub-
number different from that determined by the Council and any owner
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of any premises or part thereof who does not at his own expense
put up such number or sub-number of such premises or part
thereof, shall, on conviction, be punished with fine which may
extend to five hundred rupees.
Sub-section (3)
of Section 181
(3) Any person who contravenes any provision of sub-section (1)
shall, on conviction, be punished with fine which may extend to
Five thousand rupees.
Sub-section (2)
of Section 182
(2) Any person who contravenes any provision of sub-section (1)
or of any licence issued to him shall, on conviction, be punished
with fine which may extend to fifty rupees.
Sub-section (2)
of Section 183
(2) Any person who contravenes any provision of sub-section (1)
or of any licence issued to him shall, on conviction, be punished
with fine which may extend to fifty rupees.
Sub-section (9)
of Section 184
(9) Any person who fails to comply with the notice issued by the
Chief Officer under sub-section (8), shall, on conviction, be
punished with fine which may extend to fifteen thousand rupees.
Sub-section (10)
of Section 184
(10) The Court convicting such person may also direct such
person to demolish or alter the building in accordance with the
order of the Chief Officer or in such other manner as the Court may
deem proper and within the period specified by the Court. If such
person fails to demolish or alter the building within the period
specified by the Court, or in the manner required by the Court, he
shall, on conviction, be punished with further fine which may
extend to one hundred rupees for every day after the expiry of the
period for compliance specified by the Court in its order during
which such non-compliance continues.
Sub-section (21)
of Section 184
(21) Notwithstanding anything contained in any other provisions
of this Act, the Chief Officer may, subject to the recommendation
of the Council, regularize any construction in respect of which no
notice as required under sub-section (2) has been given, on
payment of a fine equivalent to the fees and taxes payable in
respect thereof from the date of commencement of such
construction, provided that such construction is as per the building
bye-laws and complies with the provisions of any other law for the
time being in force.
Sub-section (5)
of Section 187
(5) Whoever without such permission as is required by sub-
section (1), makes or causes to be made, or in disobedience to the
requirements of a notice given under sub-section (2) suffers to
remain, any roof or wall of such material as aforesaid, shall, on
conviction, be punished with fine which may extend to five
thousand rupees, and in the case of a continuing offence with
further fine which may extend to one hundred rupees for every day
after the first during which such offence continues.
Sub-section (3)
of Section 188
(3) Whoever— (a) occupies or permits to be occupied any such
building or part thereof affected by such construction without
giving any notice as required under sub-section (1) or in
contravention of the provisions of sub-section (2); or (b) fails to
comply with any order or requisition made under sub-section (1)
shall, on conviction, be punished with fine which may extend to ten
thousand rupees, and in the case of continuing contravention or
non-compliance with further fine which may extend to one hundred
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rupees for every day after the first during which such contravention
or non-compliance continues.
Sub-section (2)
of Section 189
(2) if any person contravenes any provision of sub-section (1),
he shall, on conviction, be punished with fine which may extend to
ten thousand rupees, and in the case of continuing contravention
with further fine which may extend to one hundred rupees for every
day after the first during which such contravention continues.
Section 191
191. Penalty for defacing building, etc.— Any person—
(a) who, without the consent of the owner or occupier, and in
the case of municipal property without the permission in writing
of the Chief Officer, affixes any posting bill, placard or other
paper or means of advertisement against or upon any building,
wall, board, fence, pale, post, lamp-post or the like; or
(b) who, without such consent or permission, as aforesaid,
writes upon, soils, defaces or marks any such building, wall,
board, fence, pale, post, lamp-post or the like, with chalk or
paint or in any other way whatsoever, shall, on conviction, be
punished with fine which may extend to fifty rupees.
Sub-section (3)
of Section 197
(3) Whoever fails to comply with the notice issued by the Chief
Officer under sub-section (1) or sub-section (2) or sub-section (2A),
as the case may be, shall be punishable with fine which may extend
to five thousand rupees and in case of a continuing offence with a
further fine which may extend to one hundred rupees for every day
after the first during which such offence continues.
Sub-section (3)
of Section 205
(3) Any person who contravenes any provision of sub-section (1)
shall, on conviction, be punished with fine which may extend to
Five thousand rupees.
Sub-section (2)
of Section 206
(2) Any person who fails to comply with any notice issued by
the Chief Officer under sub-section (1), shall, on conviction, be
punished with fine which may extend to Five thousand rupees.
Sub-section (2)
of Section 211
(2) Whoever contravenes any provision of sub-section (1) shall,
on conviction, be punished with fine which may extend to Five
thousand rupees.
Sub-section (2)
of Section 212
(2) Whoever fails to comply with the notice under sub-section
(1) shall, on conviction, be punished with fine which may extend to
two thousand five hundred rupees and in the case of continuing
offence with further fine which may extend to fifty rupees for every
day after the first during which such offence continues.
Sub-section (3)
of Section 216
(3) Any person who contravenes any provision of sub-section
(2), shall, on conviction, be punished with fine which may extend
to fifty rupees.
Sub-section (2)
of Section 218
(2) Whoever takes down, alters or removes any of the said bars,
chains, or posts or removes or extinguishes any such light without
the authority or consent of the Chief Officer, shall, on conviction,
be punished with fine which may extend to two thousand five
hundred rupees.
Sub-section (2)
of Section 220
(2) Whoever contravenes any provision of sub-section (1) shall,
on conviction, be punished with fine which may extend to two
thousand five hundred rupees and in the case of continuing
contravention with further fine which may extend to one hundred
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rupees for every day after the first during which such contravention
continues.
Sub-section (2)
of Section 221
(2) Any person who contravenes any provision of sub-section (1)
shall, on conviction, be punished with fine which may extend to ten
thousand rupees and in the case of continuing contravention with
further fine which may extend to one hundred rupees for every day
after the first during which such contravention continues.
Section 223
223. Depositing dust, etc., committing nuisance.— (1) Whoever
deposits or causes or suffers any member of his family or
household to deposit any dust, dirt, dung, ashes, refuse or filth of
any kind or any animal matter or any broken glass or earthenware
or other rubbish or any other thing that is or may be a nuisance or
danger, in any street or in any arch under a street or in any drain
beside a street or on any open space not being private property or
on any quay, jetty or landing place or on any part of the seashore,
or the bank of a tidal river, or whether above or below high water
mark, or on the bank of the river, water course or nullah, except at
such places, in such manner and at such hours as shall be fixed by
the Chief Officer, and whoever commits or suffers any members of
his family or household to commit nuisance in any such place as
aforesaid, shall, on conviction, be punished with fine which may
extend to Five thousand rupees.
(2) Whoever throws or puts or causes or suffers any members of
his family or household to throw or put any of the matters
described in sub-section (1) except night-soil or except with the
permission of the Chief Officer, any night-soil into any drain,
culvert, tunnel, gutter or water-course, and whoever commits
nuisance or suffers any member of his family or household to
commit nuisance in any such drain, culvert, tunnel, gutter or water-
course, or in such close proximity thereto as to pollute the same,
shall, on conviction, be punished with fine which may extend to
Five thousand rupees.
Section 224
224. Discharging sewage, etc.— Whoever causes, or allows the
water of any sink, sewer or cesspool or any other liquid or other
matter which is or which is likely to become a nuisance, from any
building or land under his control, to run, drain or be thrown or put
upon any street or open space, or to soak through any external wall,
or causes or allows any offensive matter from any sewer or privy to
run, drain or be thrown into a surface drain in any street, without
the permission in writing of the Chief Officer or who fails to
comply with any condition prescribed in such permission, shall, on
conviction, be punished with fine which may extend to Five
thousand rupees.
Section 225
225. Non-removal of filth, etc.— Whoever, being the owner or
occupier of any building or land, keeps, or allows to be kept for
more than twenty-four hours, or otherwise than in some proper
receptacle, any dirt, dung, bones, ashes, night-soil, filth or any
noxious or offensive matter, in or upon such building or land, or
suffers such receptacle to be in a filthy or noxious state, or neglects
to employ proper means to remove the filth from and to cleanse and
purify such receptacle, or keeps or allows to be kept in or upon
such building or land any animal in such a way as to cause a
nuisance, shall, on conviction, be punished with fine which may
extend to five thousand rupees, and in the case of continuing offence
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with further fine which may extend to one hundred rupees for every
day after the first during which such contravention continues.
Sub-section (3)
of Section 226
(3) Whoever,— (a) when the Chief Officer has fixed such hours,
manner and routes and given such public notice, removes or causes
to be removed along any street any such offensive matter at any
time except within the hours so fixed, or by any route other than
that fixed by the Chief Officer; or (b) at any time, whether such
hours, manner or routes have been fixed by the Chief Officer or
not,— (i) uses for any such purpose any cart, carriage, receptacle or
vessel, not having a covering sufficient for preventing the escape of
the contents thereof and of the stench therefrom; or (ii) wilfully or
negligently slops or negligently slops or spills any such offensive
matter in the removal thereof; or (iii) does not carefully sweep and
clean every place in which any such offensive matter has been
slopped or spilled; or (iv) places or sets down in any public place
any vessel containing such offensive matter, shall, on conviction,
be punished with fine which may extend to Five thousand rupees.
Section 227
227. Using offensive manure, etc.— Whoever, except with the
written permission of the Chief Officer, and in accordance with the
conditions of such permission, stores or uses night-soil or other
manure or substance emitting an offensive smell in such manner as
to be a nuisance to the neighbourhood shall, on conviction, be
punished with fine which may extend to Five thousand rupees.
Sub-section (2)
of Section 230
(2) Any person who fails to comply with the notice issued under
sub-section (1) shall, on conviction, be punished with fine which
may extend to Five thousand rupees, and in the case of continuing
non-compliance with further fine which may extend to one hundred
rupees for every day after the first, during which such non-
compliance continues.
Section 240
240. Penalty for contravention of provisions relating ito
dangerous diseases.— (1) Whoever knowingly contravenes any
provision of Section 232, 233, 235, 236, 237 or 238 or clause (d) of
section 239, or disobeys any order or requisition made under any of
the aforesaid sections, or obstructs any officer of the Council or
other person acting under the authority of the Council in carrying
out executively any such order shall, on conviction, be punished
with, fine which may extend to two thousand rupees, and in the
case of continuing offence with further fine which may extend to
one hundred rupees for every day after the first during which such
contravention continues. (2) Whoever contravenes any provision of
clauses (a), (b) or (c) of Section 239, or disobeyes any order or
requisition made under any of the aforesaid clauses, or obstructs
any officer of the Council or other person acting under the
authority of the Council in carrying out executively any such order
shall, on conviction, be punished with fine which may extend to
five thousand rupees, and in the case of continuing offence with
further fine which may extend to one hundred rupees for every day
after the first during which such contravention continues.
Sub-section (5)
of Section 243
(5) Any owner who after the date specified in any requisition
issued under sub-section (2) permits the overcrowding of any
building in contravention of such requisition, and any person who
omits to vacate any such building in accordance with the notice
given to him under sub-section (4), shall, on conviction, be
punished with fine which may extend to one hundred rupees for each
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which such overcrowding, or such omission to vacate, continues.
Sub-section (3)
of Section 245
(3) Whoever commits a breach of any notice given or of any
condition imposed by the Council in exercise of any power under
this section shall, on conviction, be punished with fine which may
extend to two thousand rupees.
Sub-section (5)
of Section 246
(5) Any person who contravenes any provision of sub-section (2)
shall, on conviction, be punished with fine which may extend to
two thousand rupees.
Sub-section (3)
of Section 247
(3) Any person who buries or otherwise disposes of any corpse
in any such place, after the date specified in the said notification for
closure of the same, shall, on conviction, be punished with fine
which may extend to two thousand rupees.
Sub-section (2)
of Section 248
(2) Any person who contravenes any provision of sub-section
(1), shall, on conviction, be punished with fine which may extend
to Five thousand rupees.
Sub-section (2)
of Section 252
(2) Whoever uses or allows to be used any place for any of the
purposes specified in sub-section (1), without a licence, or in
contravention of any conditions subject to which a licence may
have been granted under sub-section (1) shall, on conviction, be
punished with fine which may extend to five thousand rupees if the
contravention is of clause (i) or (ii) of sub-section (1) and with fine
which may extend to one thousand rupees if the contravention is of
clause (iii) of that sub-section, and in the case of continuing
contravention of the said clause (i) or (ii) with further fine of one
hundred rupees, and of the said clause (iii) with further fine of fifty
rupees for every day after the first during which such contravention
continues.
Sub-section (2)
of Section 254
(2) Any person who contravenes any provision of sub-section (1)
shall, on conviction, be punished with fine which may extend to
Five thousand rupees.
Sub-section (3)
of Section 257
(3) Any person who, without a licence from the Chief Officer
under sub-section (2), shall occupy any stall, shop, stand, shed, pen
or space in a municipal market or sell or expose for sale any article
in a municipal market or use a municipal slaughter-house, shall, on
conviction, be punished with fine which may extend to fifty rupees.
Sub-section (3)
of Section 259
(3) Whoever uses or permits the use of any premises in
contravention of the provisions of sub-section (1), or whoever
refuses to comply with any notice issued by the Chief Officer under
sub-section (2), shall, on conviction be punished with fine which
may extend to five thousand rupees and in the case of continuing
offence with further fine which may extend to five hundred rupees
for every day after the first during which such offence continues.
Sub-section (3)
of Section 260
(3) Whoever uses or permits the use of any premises in
contravention of the provisions of sub-section (1), or whoever
refuses to comply with any notice issued by the Chief Officer under
sub-section (2), shall, on conviction, be punished with fine which
may extend to five thousand rupees and in the case of continuing
offence with further fine which may extend to five hundred rupees
for every day after the first during which such offence continues.
Sub-section (3)
of Section 261
(3) Whoever uses or permits the use of any premises in
contravention of the provisions of sub-section (1), or whoever refuses
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to comply with any notice issued by the Chief Officer under sub-
section (2), shall, on conviction, be punished with fine which may
extend to five thousand rupees, and in the case of continuing
offence with further fine which may extend to five hundred rupees
for every day after the first during which such offence continues.
Sub-section (3)
of Section 263
(3) Whoever establishes, alters, enlarges or extends or permits
the establishment, material alteration, enlargement or extension of
any such factory, workshop or place of business without a licence
or in contravention of any condition subject to which the licence
may have been granted shall, on conviction, be punished with fine
which may extend to five thousand rupees. Explanation:— Nothing
in this section of Section 265 shall be deemed to affect any
provision of the Indian Boilers Act, 1923, or authorise any order
relating to the fixing or fencing of any engine, mill-gearing, hoist
or other machinery in any factory to which the provisions of the
Factories Act, 1948, are applicable. V of 1923. LXIII of 1948.
Sub-section (2)
of Section 264
(2) Whoever uses or employs any such whistle or trumpet as
aforesaid in contravention of any provision of sub-section (1) shall,
on conviction, be punished with fine which may extend to fifty
rupees and in the case of continuing offence with further fine which
may extend to five rupees for every day after the first during which
such offence continues.
Sub-section (3)
of Section 265
(3) Whoever uses or permits the use of any premises in
contravention of the provisions of sub-section (1), or whoever
refuses to comply with any notice issued under sub-section (2)
shall, on conviction, be punished with fine which may extend to
411[five thousand rupees], and in the case of continuing offence
with further fine which may extend to five hundred rupees for
every day after the first during which such offence continues.
Sub-section (3)
of Section 266
(3) Whoever keeps in or upon any premises any article in
contravention of the provisions of sub-section (1) or (2), or in
contravention of any conditions subject to which a licence may
have been granted shall, on conviction, be punished with fine
which may extend to two thousand rupees, and in the case of
continuing offence with further fine which may extend to one
hundred rupees for every day after the first during which such
offence continues.
Sub-section (3)
of Section 270
(3) Whoever forcibly opposes the seizure of cattle liable to be
seized under this section, and whoever rescues the same after
seizure, either from a pound or from any person taking or about to
take them to a pound, shall, on conviction, be punished with
imprisonment for a term which may extend to six months, or with
fine which may extend to two thousand rupees, or with both.
Sub-section (4)
of Section 275
(4) The compensation, fees and expenses mentioned in this
section, may be recovered as if they were fines imposed by the
Magistrate.
Section 276
276. Penalty for allowing cattle to stray in street or to trespass
upon private or public property.— (1) Whoever, within a municipal
area, allows any cattle which are his property or in his charge to
stray in any street or to trespass upon any private or public property
shall, on conviction, be punished— (i) for the first offence, with
fine which may extend to one thousand rupees; (ii) for a second or
subsequent offence, with imprisonment for a term which may extend
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to six months, or with fine which may extend to two thousand
rupees, or with both.
(2) The Magistrate trying the offence under sub-section (1) may
order,— (a) that the accused shall pay such compensation not
exceeding one thousand rupees as the Magistrate considers
reasonable, to any person for any damage proved to have been
caused to his property or to the produce of land, by the cattle under
the control of the accused, trespassing on his land; and also, (b) that
the cattle in respect of which an offence has been committed shall
be forfeited to the Government.
(3) Any compensation awarded under sub-section (2) may be
recovered as if it were a fine imposed under this section.
(4) An offence under this section shall be cognizable.
Section 277
277. Tethering cattle, etc.— Whoever tethers cattle or other
animals, or causes or suffers them to be tethered by any member of
his family or household, in any public street or place so as to
obstruct or endanger the public traffic therein, or to cause a
nuisance, or who causes or suffers such animals to stray about
without a keeper, shall, on conviction, be punished— (a) for a first
offence, with fine which may extend to one thousand rupees; (b)
for a second or subsequent offence, with fine which may extend to
two thousand rupees.
Sub-section (2)
of Section 279
(2) Whoever after such direction keeps any pigs in any place
within the municipal area or specified part thereof without the
permission required as aforesaid, or otherwise than in accordance
with the terms thereof, shall, on conviction, be punished with fine
which may extend to three hundred rupees.
Sub-section (2)
of Section 280
(2) Whoever contravenes any provision of sub-section (1) shall,
on conviction, be punished with fine which may extend to Five
thousand rupees.
Sub-section (3)
of Section 281
(3) Any prosecution under this Act or the rules or bye-laws made
thereunder may, save as therein otherwise provided, be instituted
before any Magistrate; and every fine or penalty imposed under or
by virtue of this Act or any rule or bye-law, and any compensation,
expenses, charges or damages for the recovery of which no special
provision is otherwise made in this Act, may be recovered on
application to any Magistrate, by the distress and sale of any
movable property within the limits of his jurisdiction belonging to
the person from whom the money is claimable.
Section 284
284. General penalty.— Whoever— (a) does or omits to do any
act in contravention of any provisions of this Act, or the rules or
bye-laws made thereunder; or (b) disobeys or fails to comply with
any lawful direction given by any written notice or order issued by
or on behalf of a Council under any power conferred by or under
this Act; or (c) fails to comply with the conditions subject to which
any permission or licence was given to him by or on behalf of a
Council under any power conferred by or under this Act; or (d)
when lawfully called upon by the Chief Officer or any officer duly
authorised to supply an information in his possession which may be
required for the purpose of this Act or of any rules or bye-laws
made thereunder, fails to supply such information or wilfully
supplies false information, shall, if no other penalty is provided for
the offence, on conviction, be punished with fine which may extend
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to Five thousand rupees, and in the case of continuing offence with
further fine which may extend to one hundred rupees for every day
after the first during which such contravention continues: Provided
that, when a notice or order fixes a time within which a certain act
is to be done, and no time is specified by or under this Act, it shall
rest with the Magistrate to determine whether the time so fixed was
reasonable time.
Section 314
314. Proceedings, if any occupier opposes the execution of the
Act.— If the occupier of any building or land prevents the owner
thereof from carrying into effect in respect of such building or land,
any of the provisions of this Act, after notice of his intention so to
carry them into effect has been given by the owner to such
occupier, any Executive Magistrate upon proof thereof, and upon
application of the owner, may make an order in writing requiring
such occupier to permit the owner to execute all such works, with
respect to such building or land as may be necessary for carrying
into effect the provisions of this Act, and may also, if he thinks fit,
order the occupier to pay to the owner the costs relating to such
application or order; and if, after the expiration of eight days from
the date of the order, such occupier continues to refuse to permit
such owner to execute any such work, such occupier shall, on
conviction, for every day during which he so continues to refuse,
be punished with fine which may extend to five hundred rupees and
every such owner, during the continuance of such refusal, shall be
discharged from any penalties to which he might otherwise have
become liable by reason of his default in executing such works.
6.
The City of
Panaji
Corporation
Act, 2002
(Goa Act 1 of
2003)
Sub-section (2)
of Section 55
(2) The following penalties may, for good and sufficient reasons,
be imposed upon any municipal officer or servant— (i) censure; (ii)
withholding of increments or promotion, including stoppage at an
efficiency bar; (iii) reduction to a lower post or time-scale or to a
lower stage in a time-scale; (iv) recovery from pay of the whole or
part of any pecuniary loss caused to the Corporation by negligence
or by breach of orders; (v) suspension; (vi) removal from the
service of the Corporation, which does not disqualify from future
employment; (vii) dismissal from the service of the Corporation,
which ordinarily disqualifies from future employment:
Provided that a dismissed municipal officer or servant may be
re-employed by the Corporation with the special sanction of the
State Government; and (viii) fine to be deducted from salary:
Provided that no fine shall be inflicted upon members of the
clerical and ministerial establishments or upon any municipal
servant with a monthly salary of more than five thousand rupees.
Explanation:— ‘The penalty of removal may be inflicted upon a
municipal officer or servant either for misconduct not sufficiently
grave to justify dismissal or on account of general unfitness for the
duties of his office.
Sub-section (3)
of Section 113
(3) If any person willfully delays or obstructs any person in the
exercise of any of his powers under this section he shall be liable to
a fine not exceeding five thousand rupees.
Sub-section (2)
of Section 136
(2) If any person so called upon to furnish information omits to
do so or furnishes information which is untrue to his knowledge, he
shall be punishable with fine which may extend to two thousand
rupees.
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Section 137
137. Duty of occupier to furnish true information regarding
owner's name and address.— If the occupier of any land or
building neglects or refuses, without reasonable cause, to comply
with a notice served under Section 110 or furnishes information
which is untrue to his knowledge he shall be punishable with fine
which may extend to two thousand rupees.
Sub-section (1)
of Section 141
(1) If any person, bringing or receiving within the prescribed
limits of the City a conveyance or package on which a toll or cess
on imports is or is believed to be leviable, refuses on the demand of
an officer authorized by the Commissioner in this behalf to permit
the officer to inspect, weigh or otherwise examine the contents of
the conveyance or package for the purpose of ascertaining whether
it contains any article, in respect of which a toll or cess on imports
is payable, or refuses to communicate to the officer any
information or to exhibit to him any bill, invoice or document of a
like nature which he may possess relating to the article, or with the
intention of defrauding the Corporation communicates false
information or exhibits any false, forged, or fraudulent bill, invoice
or document of a like nature, he shall be punished with a fine which
may extend to one thousand rupees.
Section 142
142. Punishment for evading payment of toll or cess.— If
animals or articles passing the limits of the Corporation are liable
to the payment of a toll or cess on imports, then every person who,
with intention to defraud the Corporation causes or abets the
introduction of, or himself introduces or attempts to introduce
within the said limits, any such animals or articles upon which
payment of the toll or cess on imports due on such introduction has
neither been made nor tendered, shall be punishable with fine
which may extend either to ten times the value of such toll or cess
on imports, or to five thousand rupees, whichever may be greater.
Sub-section (2)
of Section 169
(2) Whoever, without the permission of the Commissioner,
makes or keeps for a longer time than one week after the issue of
notice under this section, any drain, privy, latrine, urinal, absorption
pit, disposal work, cesspool or other receptacle for filth or refuse,
within fifteen metres of any spring, well, tank, reservoir, swimming
pool or other source from which water is or may be derived for
public use, shall be punishable with fine which may extend to two
thousand rupees, and, when a notice has been issued, with a further
fine, not exceeding five hundred rupees for each day during which
the offence is continued after the lapse of the period allowed for
removal.
Section 170
170. Discharging sewage.— Whoever, without the permission of
the Commissioner causes or knowingly or negligently allows the
contents of any sink, cesspool or any other offensive matter to flow,
drain or be put upon any street or public place, or into any
irrigation channel or any drain not set apart for the purpose, shall
be punished with fine which may extend to two thousand rupees.
Section 171
171. Making or altering drains without authority.— Whoever,
without the permission of the Commissioner, makes or causes to be
made, or alters or causes to be altered, any drain, leading into any
of the drains vested in the Corporation, shall be punished with fine
which may extend to two thousand rupees.
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Sub-section (2)
of Section 206
(2) Any person acting in contravention of the terms of sub-
section (1) shall be punished with a fine not exceeding five
thousand rupees.
Sub-section (2)
of Section 223
(2) If the owner of a cinematograph or other apparatus uses the
apparatus or allows it to be used, or if any person takes part in any
public dramatic performance, circus or pantomime, or if the
occupier of any premises allows those premises to be used, in
contravention of the provisos of this section, or of any condition of
a licence granted under this section, he shall be liable to a fine not
exceeding ten thousand rupees and in the case of a continuing
offence, to a further penalty of one thousand rupees for each day
during which the offence continues, and his licence shall be liable
to be revoked by the Commissioner.
Sub-section (4)
of Section 228
(4) Any person who slaughters for sale any animal at any place
within the City other than the one fixed by the Corporation under
this section shall be punishable with fine which may extend to two
thousand rupees.
Sub-section (4)
of Section 229
(4) Any person bound to act in accordance with sub-section (1)
of this section shall, if he fails so to act, be punished with fine
which may extend to one thousand rupees.
Section 243
243. Information to be given of existence of dangerous
disease.— Whoever— (a) being a medical practitioner or a person
openly and constantly practising the medical profession and in the
course of such practice becoming cognizant of the existence of any
infectious disease in any dwelling other than a public hospital, or,
in default of such medical practitioner or person practising the
medical profession, (b) being, the owner, or occupier of such
dwelling and becoming cognizant of the existence of any such
disease therein, or, in default of such owner or occupier, (c) being
the person in charge of, or in attendance on, any person suffering
from any such disease in such dwelling, and becoming cognizant of
the existence of the disease therein, fails forthwith to give
information, or knowingly gives false information to the Medical
Officer of Health or to any other officer to whom the Corporation
may require information to be given respecting the existence of
such disease, shall be punishable with fine which may extend to
five thousand rupees: Provided that a person not required to give
information in the first instance, but only in default of some other
person, shall not be punishable if he shows that he had reasonable
cause to suppose that the information had been, or would be, duly
given.
Sub-section (2)
of Section 264
(2) Any person failing to comply with the term of such notice
shall be punishable with a fine which may extend to ten thousand
rupees and if he fails to comply with the terms of such notice after
the first day of his failure so to do, with a further fine which may
extend to one thousand rupees for every such day after the first.
Sub-section (1)
of Section 269
(1) If any building is erected or re-erected in contravention of
any town-planning scheme mentioned under Section 255 or of any
building bye-laws made under Section 386, the Commissioner,
without prejudice to his right to take proceedings for a fine in
respect of the contravention, may by notice require the owner either
to pull down or remove the work or, if he so elects to effect such
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(2)
(3)
(4)
alterations therein as may be necessary to make it comply with the
said scheme or byelaws.
Sub-section (3)
of Section 296
(3) Whoever contravenes the provisions of sub-section (1) or
omits to comply with the terms of a notice under sub-section (2),
shall be punishable with fine which may extend to five hundred
rupees and in case of a continuing contravention or omission, with
a further fine which may extend to one hundred rupees for every
day after the first during which the contravention or omission
continues.
Section 298
298. Destroying direction-posts, lamp-posts, etc.— Whoever,
without being authorised by the Commissioner, defaces or disturbs
any municipal direction-post, lamppost or lamp or damages any
municipal light in any public place, shall be punishable with fine
which may extend to five hundred rupees.
Sub-section (1)
of Section 299
(1) Whoever, without the consent of the owner or occupier or
other person for the time being in charge affixes or causes to be
affixed any poster, bill, notice, placard or other paper or means of
advertisement against or upon any street, building, wall, tree,
board, fence or pole or writes upon, soils, defaces or marks any
such building, wall, tree, board, fence or pole with chalk or paint or
in any other way whatsoever, shall be punishable with fine which
may extend to one thousand rupees.
Section 305
305. Driving vehicles without proper lights.— Whoever drives
or propels any vehicle not properly supplied with lights in any
street during the period from half an hour after sunset to half an
hour before sunrise shall be punishable with fine which may extend
to five hundred rupees.
Sub-section (1)
of Section 306
(1) Whoever, in contravention of any general or special
prohibition issued by the Commissioner, and without the
permission of the Commissioner, beats a drum or tom tom, blows a
horn or trumpet or beats or sounds any other instrument or makes a
noise on any utensil, shall be punishable with fine which may
extend to one thousand rupees.
Section 307
307. Discharging fire-arms.— Whoever, unless authorized,
bound or justified discharges fire-arms or lets off fire-works, fire
balloons, or detonators, or engages in any game in such a manner
as to cause, or be likely to cause danger to persons passing by or
dwelling or working in the neighborhood, or risk of injury to
property, shall be punishable with fine which may extend to one
thousand rupees.
Section 308
308. Quarrying, blasting, cutting timber or building.— Whoever
quarries, blasts, cuts timber or carries on building operations in
such manner as to cause or to be likely to cause danger to persons
passing by or dwelling or working in the neighborhood, shall be
punishable with fine which may extend to one thousand rupees.
Section 309
309. Lopping of branches, etc. of tree or plant on a public
place.— Whoever, without the permission of the Commissioner,
lops or cuts the branches or twigs of any tree or plant standing on a
public place, or plucks the fruits, flowers or leaves of such tree or
plant, or causes any damage thereto, shall be punishable with fine
which may extend to one thousand rupees, or in the case of a
second or subsequent breach, to two thousand rupees.
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Section 318
318. Allowing dogs to be at large.— Whoever, being the owner
or person in charge of any dog, allows it to be at large in any street
without a muzzle— (a) if such dog is likely to annoy or intimidate
passers-by, or (b) if the Commissioner has by notice in the
prescribed manner during the prevalence of rabies directed that
dogs shall not be at large without muzzles, shall be punishable with
fine which may extend to five hundred rupees.
Section 319
319. Letting loose horse or other animals.— Whoever willfully
or negligently lets loose any horse or other animal so as to cause, or
negligently allows any horse or other animal to cause injury,
danger, alarm or annoyance to any person or damage to property,
shall be punishable with fine which may extend to five thousand
rupees.
Section 376
376. Power to demand punishment or dismissal.— Notwithstanding
anything contained in this Act, if in the opinion of the State
Government any officer or servant of the Corporation is negligent
in the discharge of his duties, the Corporation shall, on the
requirement of the State Government, suspend, fine or otherwise
punish him, and if in the opinion of the State Government he is
unfit for his employment, the Corporation shall dismiss him.
Section 387
387. Penalties for breach of bye-laws.— (1) In making a bye-
law under Section 386, the Corporation may provide that a breach
or any abatement of a breach of it shall be punishable. (a) with fine
which may extend to ten thousand rupees and in the case of a
continuing breach, with fine which may extend to one thousand
rupees for each day during which the breach continues after
conviction for the first breach, or (b) with fine which may extend to
one thousand rupees for every day during which the breach
continues after receipt of written notice from the Commissioner to
discontinue the breach.
(2) In lieu of or in addition to such fine, the Magistrate may
require the offender to remedy the mischief so far as is in his
power.
Sub-section (4)
of Section 391
(4) in making rules under clauses (d) and (i), and clauses (t) and
(u) of sub-section (2), the State Government may direct that a
breach of any provision thereof shall be punishable with fine which
may extend to five hundred rupees.
Sub-section (1)
of Section 392
(1) Whoever:
(a) contravenes any of the provisions of this Act or of the
rules made thereunder mentioned in the first column of the
following table, or (b) fails to comply with any direction
lawfully given to him or any requisition lawfully made upon him
under any of the said provisions or rules, shall be punishable
with a fine which may extend to the amount mentioned in the
third column of the said table.
Section 395
395. Penalty for obstruction.— Any person who willfully
obstructs any Corporation authority, or any Corporation officer or
servant, or any person authorized by any Corporation authority in
the exercise of powers conferred by this Act or any rules or
byelaws made thereunder shall be punished with fine which may
extend to one thousand rupees.
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Section 398
398. Penalty for disobedience of order of Corporation
authorities.— Whoever disobeys any lawful direction or
prohibition given by an authority of the Corporation by a public
notice or any written notice lawfully issued by it under the
provision this act, or fails to comply with the condition subject to
which any permission was given to him by an authority of the
Corporation under the said provision, shall, if the disobedience or
omission is not an offence punishable under any other section, be
punishable with fine which may extend to one thousand rupees, and
in case of continuing breach, with a further fine which may extend
to one thousand rupees for every day after the first during which
the breach continues:
Provided that when the notice fixes a time within which a certain
act is to be done and no time is specified in this Act, it shall rest
with the magistrate trying an offence under this section to
determine whether the time so fixed was reasonable for purpose of
compliance with the notice.
7.
The Goa
Panchayat Raj
Act, 1994 (Goa
Act No. 14 of
1994)
Sub-section (2)
of Section 27
(2) Any person who contravenes the provision of sub-section (1)
shall, on conviction, be punished with fine which may extend to
rupees five hundred.
Sub-section (2)
of Section 32
(2) An offence under sub-section (1) shall be cognizable.
Sub-section (2)
of Section 36
(2) Any person who contravenes the provision of sub-section (1)
shall, on conviction, be punished with fine which may extend to
two hundred and fifty rupees.
Sub-section (1)
of Section 38
(1) Any person who at a public meeting held in connection with
an election under this Act, acts or incites others to act, in a
disorderly manner for the purpose of preventing the transaction of
the business for which the meeting was called shall, on conviction
be punished with fine which may extend to five hundred rupees.
Section 40
40. Penalty for illegal hiring or procuring of conveyance at
election.— If any person is guilty of any such corrupt practice as is
specified in clause (vi) of Section 23 at or in connection with an
election, he shall, on conviction, be punished with fine which may
extend to five hundred rupees.
Section 88
88. Penalty for using water for certain purposes.— Whoever,—
(a) bathes in or defiles, the water in any place set apart for
drinking purposes by the Panchayat, or, in the case of private
property, by the owner thereof; or (b) deposits any offensive or
deleterious matter in the dry bed of any place set apart as aforesaid
for drinking purposes; or (c) washes clothing in any place set apart
as aforesaid for drinking or bathing; or (d) washes any animal or
any cooking utensils or wood, skins, or other foul or offensive
substances, or deposits, any offensive or deleterious matter in any
place set apart as aforesaid for drinking purposes or for bathing or
for washing clothes; or (e) allows the water from a sink, sewer,
drain, engine or boiler, or any other offensive matter belonging to
him or flowing from any building or land belonging to or occupied
by him, to pass into any place set apart as aforesaid for drinking
into any place set apart as aforesaid for drinking purposes or for
bathing or for washing clothes; or (f) uses water from any source in
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contravention of the provisions of Section 87; shall on conviction,
be punished with fine which may extend to fifty rupees and if the
offence be a continuing one, with further fine which may extend to
ten rupees for every day during which the said offence is continued
after the date of first conviction.
Sub-section (3)
of Section 90
(3) Any person who buries or otherwise disposes of any corpse
in any such place after the date specified in the said notification for
closure thereof or buries any corpse in any unoccupied Government
land not set apart for the burial of the dead under the provisions of
any law for the time being in force or by established usage, shall,
on conviction, be punished with fine which may extend to one
hundred rupees.
Sub-section (3)
of Section 93
(3) Whoever washes such clothing or bedding or other articles at
any place other than those set apart for such purposes under sub-
section (1), shall, on conviction, be punished with fine which may
extend to fifty rupees.
Section 110
110. Using offensive substance, etc.— Whoever, except with the
written permission of a Panchayat and except in the manner, if any,
enjoined in such permission, stores or uses night soil or other
substances emitting an offensive smell other than cattle manure
shall, on conviction, be punished with fine which may extend to
one hundred rupees.
Sub-section (2)
of Section 111
(2) If any person shall, after such direction, use or permit to be
used, any such furnace not so constructed, supplemented or altered
or shall so negligently use or permit to be used any such furnace
that the smoke arising therefrom shall not be effectually consumed
or burnt as far as may be practicable, every person so offending
being the owner or occupier of the said works or buildings or being
an agent or other person employed by such owner or occupier for
managing the same, shall on conviction, be punished with fine
which may extend to one hundred rupees and upon any subsequent
conviction, with fine which may extend to five hundred rupees:
Provided that nothing in this section shall be held to apply to
locomotive engines used for the purpose of traffic upon any railway
or any other engines, for the repair of roads.
Section 112
112. Prohibition of nuisance.— Whoever, within a panchayat
area,—
(a) in any public street or public place,—
(i) eases himself; or
(ii) loiters or begs importunately for alms; or
(iii) expose or exhibits, with the object of exciting charity,
any deformity or disease or any offensive sore or wound; or
(iv) carries meat exposed to public view; or
(v) without proper authority defaces or writes upon or
otherwise marks any building monument, post, wall, fence,
tree or other thing; or
(vi) without proper authority affixes upon any building,
monument, post, wall, fence, tree or other thing any bill,
notice or other document; or
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(vii) without proper authority removes, destroys, defaces or
otherwise obliterates any notice or other document put up or
exhibited under this Act or the rules or bye-laws made
thereunder; or
(b) at any time or place at which the same has been prohibited
by the Panchayat by public or special notice, beats any drum or
tom-tom or blows a horn or trumpet or beats any utensil or
sounds any brass or other instrument or plays any music; or
(c) without proper authority disturbs the public peace or order
by singing, screaming or shouting or by using any apparatus for
amplifying or reproducing the human voice, such as megaphone
or a loudspeaker; or
(d) lets loose any animal so as to cause, or negligently allows
any animal to cause injury, danger, alarm or annoyance to any
person; or
(e) uses or permits to be used as a latrine any place not
intended for that purpose; shall, on conviction, be punished with
fine which may extend to one hundred rupees.
Sub-section (1)
of Section 112-B
(1) Whoever, within the limits of a village, allows any cattle
which are his property or in his charge to stray in any street or to
trespass upon any private or public property shall, on conviction, be
punished,—
(i) for the first offence, with a fine which may extend to
rupees two hundred;
(ii) for a second or subsequent offence, with a fine which may
extend to five hundred rupees.
Sub-section (2)
of Section 112-C
(2) Whoever forcibly opposes the seizure of cattle liable to be
seized under the Act and whoever rescues the same after the
seizure, either from a pound or from any person taking or about to
take them to a pound, shall, on conviction, be punished with
imprisonment for a term not exceeding six months, or with a fine of
Rs. 1,000/-, or with both.
Sub-section (4)
of Section 187
(4) Any person who wilfully neglects or refuses to comply with
any requisition lawfully made under sub-section (3), shall on
conviction, be punished with fine which may extend to one
hundred rupees: Provided that no proceedings under this sub-
section shall be instituted without the sanction of the Chief
Executive Officer.
Section 209
209. Penalty for contravention of any order regarding
requisition.— If any person contravenes any order made under
section 203 or section 205 he shall, on conviction, be punished with
imprisonment for a term which may extend to one year or with fine
or with both.
Section 211
211. Penalty for acting as a member, Sarpanch or Deputy
Sarpanch of Village Panchayat and Adhyaksha or Upadhyaksha of
Zilla Panchayat when disqualified.— (1) Whoever acts as a
member of Panchayat or Zilla Panchayat when he knows that under
this Act or the rules made thereunder, he is not entitled to or has
ceased to be entitled to hold office as such, shall, on conviction, be
punished with fine of one hundred rupees for every day on which
he sits or votes as member.
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(2) Whoever acts as the Sarpanch or Deputy Sarpanch of
Panchayat or Adhyaksha or Upadhyaksha of Zilla Panchayat or
exercises any of his functions when he knows that under this Act or
the rules made thereunder, he is not entitled to or has ceased to be
entitled to hold office as such, or to exercise such functions shall,
on conviction, be punished with fine of two hundred rupees for
every day on which he acts or functions as such.
(3) Any person who has been the Sarpanch or Deputy Sarpanch
of a Panchayat, or Adhyaksha or Upadhyaksha of Zilla Panchayat
fails to hand over any document or any moneys or other properties
vested in, or belonging to, the Panchayat or the Zilla Panchayat, as
the case may be, which are in or have come into his possession or
control, to his successor in office or other prescribed authority,—
(a) in every case as soon as his term of office as Sarpanch or
Deputy Sarpanch of Panchayat and Adhyaksha or Upadhyaksha of
Zilla Panchayat expires; and (b) in the case of a person who was
Deputy Sarpanch on demand by the Sarpanch of the Panchayat and
Upadhyaksha of the Zilla Panchayat; shall, on conviction, be
punished with a fine which may extend to one hundred rupees.
Section 212
212. Penalty for interested member voting.— Whosoever votes
as member of a Panchayat or Zilla Panchayat in contravention of
the provisions of sub-section (4) of Section 55 or clause (g) of sub-
section (2) of Section 136, shall on conviction, be punished with
fine which may extend to five hundred rupees.
Section 213
213. Penalty for acquisition by officer or servant of interest in
contract.— If any member, officer or servant of a Panchayat or
Zilla Panchayat knowingly acquires for himself directly or
indirectly, by himself or by a partner, employer or servant, any
share or interest in any contract or employment with, by or on
behalf of a Panchayat or Zilla Panchayat he shall, on conviction, be
punished with fine which may extend to five hundred rupees:
Provided that no person shall, by reason of being a shareholder, in
or member of, any company, be held to be interested in any
contract entered into between such company and the Panchayat or
Zilla Panchayat unless he is a Director of such company: Provided
further that nothing in this section shall apply to any person who,
with the sanction of the Director enters into a contract with a
Panchayat or Zilla Panchayat.
Section 214
214. Wrongful obstruction of certain officers.— Any person who
prevents the Chief Executive Officer or the Secretary or any person
to whom such officer has lawfully delegated his powers from
entering on or into any place, building or land, from exercising his
lawful power of entering thereon or, therein shall, on conviction, be
punished with simple imprisonment for a term which may extend to
one month or with fine which may extend to five hundred rupees or
with both.
Section 215
215. Prohibition against obstruction of Sarpanch or Deputy
Sarpanch, etc.— Any person obstructing a Sarpanch, Deputy
Sarpanch, Secretary or member of a Panchayat, Adhyaksha,
Upadhyaksha, Chief Executive Officer or member of a Zilla
Panchayat or any person employed by the Panchayat or Zilla
Panchayat or any person with whom a contract has been entered
into by or on behalf of a Panchayat or Zilla Panchayat in the
discharge of his duty of anything which he is empowered or required
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to do by virtue, or in consequence of this Act or any rules, bye-
laws, regulation or order made thereunder, shall, on conviction, be
punished with fine which may extend to five hundred rupees.
Section 216
216. Prohibition against removal or obliteration of notice.— Any
person, who without authority in the behalf, removes, destroys,
defaces or otherwise obliterates any notice exhibited or any sign or
mark erected by or under the orders of, a Panchayat, or Zilla
Panchayat or its executive authority, shall, on conviction, be
punished with fine which may extend to one hundred rupees.
Section 217
217. Penalty for not furnishing information or giving false
information.— Any person who is required by this Act or by any
notice or by other proceedings issued thereunder to furnish any
information, fails to furnish any information or knowingly
furnishes false information, shall, on conviction, be punished with
fine which may extend to one hundred rupees.
Sub-section (2)
of Section 218
(2) Any person who contravenes the provisions of sub-section
(1) shall, on conviction, be punished with fine which may extend to
five hundred rupees, and if he is an officer or employee of the
Panchayat or Zilla Panchayat, shall also be liable for dismissal
from service.
Section 223
223. Punishment for disobedience or orders and notices not
punishable under any other section.— Whoever disobeys or fails to
comply with any lawful direction given by way of written notice
issued by or on behalf of a Panchayat, or Zilla Panchayat under any
power conferred by this Act or fails to comply with the conditions
subject to which any permission was given to him by the
Panchayat, or Zilla Panchayat concerned under any power so
conferred, shall, on conviction, if the disobedience or failure is not
an offence punishable under any other section, be punished with
fine which may extend to one hundred rupees and with further fine
which may extend to five rupees for every day during which the
said disobedience or failure continues after the date of first
conviction: Provided that when the notice fixes a time within which
a certain act is to be done, and no time is specified in this Act, the
Magistrate shall determine whether the time so fixed was
reasonable.
Sub-section (1)
of Section 228
(1) Whoever,— (a) rents, alters, adds to or reconstructs a
building without the written permission required by Section 66 or
in contravention of any of the conditions imposed by it; (b) uses
any place without a licence required by Sections 68, 69, 70 and 71
or in contravention of any of the conditions or during the
suspension of the licence; or (c) contravenes any other provision of
this Act, shall on conviction, be punished with fine which may
extend to five hundred rupees, and in the case of a continuing
offence with a fine which may extend to five rupees for every day
after the first conviction during which the offence continues.
Sub-section (2)
of Section 236
(2) Whoever contravenes the provisions of sub-section (1), shall
be punished with imprisonment for a term which may extend to
three months or with fine which may extend to rupees five
thousand or with both and in the case of continuing contravention,
with a further fine which may extend to rupees five hundred for
each day during which the contravention continues.
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8.
The Goa
Labour Welfare
Fund Act, 1986
(Act 4 of 1987)
Sub-section (2)
of Section 3
(2) There shall also be credited to the Fund—
(a) unpaid accumulations paid to the Board under sub-section
(2) of Section 12;
(b) deductions made under the proviso to sub-section (2) of
Section 9 of the Payment of Wages Act, 1936 (Central Act 4 of
1936);
(c) contribution made by employers and the Government;
(d) any interest by way of penalty paid under Section 13;
(e) any voluntary donations;
(f) any fund transferred under sub-section (5) of Section 16;
(g) any sum borrowed under Section 17;
(h) grants or advances made by the Government; and
(i) all fines imposed and realised from employers by courts
for violations of Labour Laws less the deduction made by Court
towards administrative expenses.
Sub-section (1)
of Section 13
(1) If an employer does not pay to the Board any amount of
unpaid accumulation or fines realised from the employees, within
the time specified by or under this Act, the Secretary may serve or
cause to be served a notice on such employer to pay the amount
within the period specified therein which shall not be less than
thirty days from the date of service of such notice.
Sub-section (2)
of Section 16
(2) Without prejudice to the generality of the provisions of sub-
section (1), the money in the Fund may be utilised by the Board to
defray expenditure on the following, namely:—
(a) community and special education centres, including
reading rooms and Libraries;
(b) vocational trainings;
(c) games and sports;
(d) excursions and tours;
(e) community necessities;
(f) entertainment and other forms of recreation;
(g) convalescent homes for tuberculosis patients;
(h) holiday homes in health resorts;
(i) home industries and subsidiary occupations for women and
unemployed;
(j) part-time employment for housewives of employees;
(k) pre-schools, nurseries and creches for employees;
(l) nutritious food to children of employees;
(m) employment opportunities to the disabled employees;
(n) cost of administering this Act including the salaries and all
allowances of the staff appointed for the purposes of this Act;
and
(o) such other objects as would, in the opinion of the Board,
improve the standard of living and ameliorate the social
conditions of labour;
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(p) accident and occupational diseases:
(q) any scheme approved by the Government for the benefit
of retrenched workmen and other workmen affected by layoff or
closure of industrial establishments.
Provided that the Fund shall not be utilised in financing any
measure which the employer is required under any law for the time
being in force to carry out:
Provided further that the fines shall be ex-pended by the Board
under this Act notwithstanding anything contained in the Payment
of Wages Act, 1936 (Central Act 4 of 1936) or any other law or
agreement for the time being in force.
Section 26
26. Penalty for non-compliance with direction.— Any person
who wilfully fails to produce any document required by the Board
or to furnish any information 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 hundred 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 one thousand rupees, or with both:
Provided that in the absence of special and adequate reasons to
the contrary to be mentioned in the judgment of the court, in any
case where the offender is sentenced to fine only, the amount of
fine shall not be less than hundred rupees.
Section 27
27. Penalty for obstructing inspection or for failure to produce
documents, etc.— Any person who wilfully obstructs an Inspector
in the exercise of his powers or discharge of his duties under this
Act or fails to produce for inspection on demand by an Inspector
any registers, record or other documents maintained in pursuance
of the provisions of this Act or the rules made thereunder or to
supply to him on demand true copies of any such document, 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 hundred 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 one 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 hundred rupees.
Section 29
29. General provision for punishment for offences.— Any
employer who contravenes any provision of this Act or of any rule
or order made thereunder shall, if no other penalty is provided
separately under this Act, be punishable with imprisonment which
may extend to six months or with a fine which may extend to one
thousand rupees or with both.
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Section 29A
29A. Compounding of Offences.— (1) Any offence punishable
under this Act, not being an offence punishable with imprisonment
only, or with imprisonment and also with fine, may, on an
application of the accused person, either before or after the
institution of any prosecution, be compounded by such Officer, as
the Government may, by notification in the Official Gazette,
specify, for a sum equivalent to seventy-five percent of the
maximum fine provided for such offence, in such manner as
prescribed.
(2) Nothing contained in sub-section (1) shall apply to an
offence committed by a person for the second time or thereafter
within a period of five years from the date,—
(a) of commission of a similar offence which was earlier
compounded; (b) of commission of a similar offence for which
such person was earlier convicted.
(3) Every officer referred to in sub-section (1) shall exercise the
powers to compound an offence, subject to the direction, control
and supervision of the Government.
(4) Every application for the compounding of an offence shall be
made in such form and in such manner as may be prescribed.
(5) Where any offence is compounded before the institution of
any prosecution, no prosecution shall be instituted in relation to
such offence, against the offender in relation to whom the offence
is so compounded.
(6) Where the composition of any offence is made after the
institution of any prosecution, such composition shall be brought
by the officer referred to in sub-section (1) in writing to the notice
of the court in which the prosecution is pending and on such notice
of the composition of the offence being given, the person against
whom the offence is so compounded shall be discharged.
(7) Any person who fails to comply with an order made by the
officer referred to in sub-section (1), shall be liable to pay a sum
equivalent to twenty percent of the maximum fine provided for the
offence, in addition to such fine.
(8) No offence punishable under the provisions of this Act shall
be compounded except under and in accordance with the provisions
of this section
Sub-section (3)
of Section 37
(3) Any rule made under this section may provide that a
contravention thereof shall be punishable with a fine which may
extend to five hundred rupees.
Section 41
41. Realisation of fines and remittance thereof.— All fines
recovered from the wages of an employee under the respective
conditions of services in an establishment shall be recorded in a
register, as may be prescribed, to be kept by the persons responsible
for payment of wages to such employee and all such recoveries
shall be credited to the Labour Welfare Fund constituted under
section 3 in the manner prescribed.
9.
The Goa,
Daman and Diu
Public Health
Act, 1985 (Act
No. 25 of 1985)
Sub-section (4)
of Section 53
(4) Whoever—
(a) obstructs the removal of any person to any hospital or
other place under sub-section (1), or
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(1)
(2)
(3)
(4)
(b) leaves or takes away any person from any such hospital or
place in contravention of sub-section (3), shall be punished with
imprisonment which may extend to three months or with fine or
with both.
Section 97
97. Penalty for breach of rules.— (1) In making a rule under
section 75, the Government may provide that a breach of such rule
shall be punishable with imprisonment which may extend to three
months or with fine or with both.
(2) In making a rule under any other provision contained in this
Act, the Government may provide that a breach of such rule shall
be punishable— (i) with fine which may extend to one hundred
rupees and in case of a continuing breach, with fine which may
extend to thirty rupees for every day during which the breach
continues after conviction for the first breach; or (ii) with fine
which may extend to twenty rupees for every day during which the
breach continues after receipt of notice from the local authority or
the Health Officer to discontinue such breach.
Section 102
102. Penalty for preventing entry of local authority or Health
Officer.— Every person who prevents the local authority or the
Health Officer or any person to whom the local authority or the
Health Officer has lawfully delegated his powers of entering on or
into any land or building from exercising his lawful power of
entering thereon or therein to, shall be punished with simple
imprisonment for a term which may extend to one month or with
fine which may extend to five hundred rupees, or with both.
10.
The Goa Non-
Biodegradable
Garbage
(Control) Act,
1996 (Goa Act
No. 5 of 1997)
Section 5A
5A. Penalty for contravening provision of Section 5.— (1)
Whoever contravenes any of the provisions of Section 5 of this Act
shall be punishable with,—
(a) a fine of Rs. 200/- (Rupees two hundred only) for the first
offence, Rs. 500/- (Rupees five hundred only) for the second
offence, and Rs. 5000/- (Rupees five thousand only) for every
subsequent offence, when the offence is in relation to a
residential house;
(b) a fine of Rs. 25,000/- (Rupees twenty-five thousand only)
for the first offence, Rs. 50,000/- (Rupees fifty thousand only)
for the second offence, and Rs. 1,00,000/- (Rupees one lakh
only) for every subsequent offence, when the offence is in
relation to a commercial establishment.
Section 5B
5B. Penalty for contravening provisions of Section 3A.—
(1) whoever contravenes provisions of sub-section (1) of Section
3A shall be punishable with a fine of Rs. 50,000/- (Rupees fifty
thousand only) for the first offence, Rs. 1,00,000/- (Rupees one
lakh only) for the second offence and Rs. 3,00,000/- (Rupees three
lakhs only) for every subsequent offence.
(2) Whoever contravenes provisions of sub-section (2) of
Section 3A shall be punishable with,—
(i) a fine of Rs. 2,500/- (Rupees two thousand five hundred
only) for the first offence, Rs. 3,500/- (Rupees three thousand
five hundred only) for the second offence and Rs. 5,000/-
(Rupees five thousand only), for every subsequent offence, when
the offence is in relation to an individual;
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(1)
(2)
(3)
(4)
(ii) a fine of Rs. 10,000/- (Rupees ten thousand only) for the
first offence, Rs. 20,000/- (Rupees twenty thousand only) for the
second offence and Rs. 50,000/- (Rupees fifty thousand only),
for every subsequent offence, when offence is in relation to
commercial establishment;
(3) Whoever contravenes provisions of sub-section (3) of
Section 3A shall be punishable with a fine of Rs. 5,000/- (Rupees
five thousand only) in case of simple burning, Rs. 25,000/- (Rupees
twenty-five thousand only) in case of bulk burning, for the first
offence and for subsequent offences Rs. 10,000/- (Rupees ten
thousand only) for simple burning and Rs. 50,000/- (Rupees fifty
thousand only) for bulk burning.”.
Section 8
8. Penalties.— (1) Save as provided in Section 5A of this Act,
whoever is guilty of any act ]or intentional omission in
contravention of any of the provisions of this Act, or of any rules,
notification or order made, issued or given under this Act, shall be
punishable with imprisonment for a term which may extend to one
month or with fine which may extend to rupees five thousand, or
with both.
(2) Whoever having been convicted of an offence under this Act
is again convicted of any offence under this Act shall be punishable
with double the penalty provided for the latter offence.
(3) Whoever in any manner aids abets or is accessory to the
commission of an offence under this Act shall on conviction be
punished with imprisonment prescribed for the offence.
11.
The Goa (Right
of Citizens to
Time-Bound
Delivery of
Public Services)
Act, 2013 (Goa
Act 19 of 2013)
Section 12
12. Penalty for not providing public service.— Where the
Appellate Authority is of the opinion that the designated officer has
failed to provide the public service to the eligible person or has
caused delay in providing the public service or has provided the
public service which is deficient in any manner, it may impose a
fine on such designated officer— (i) of rupees fifty for each day or
rupees two thousand five hundred, whichever is less, in case of
failure to provide public service; (ii) of rupees fifty for each day of
such delay or rupees two thousand five hundred, whichever is less,
in case of delay in providing public service; and (iii) of rupees five
hundred, in case of deficiency in public service provided: Provided
that before imposing such fine, the designated officer shall be given
a reasonable opportunity of being heard.
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