The Jan Vishwas (Amendment of Provisions) Bill, 2025 |The LexSphere Library

SECTION Section 1

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•REPORT OF THE JOINT COMMITTEE ON

•THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•MARCH, 2023/PHALGUNA, 1944

•LOK SABHA

•REPORT OF THE JOINT COMMITTEE ON

•THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•SEVENTEENTH LOK SABHA

•LOK SABHA SECRETARIAT

•NEW DELHI

•MARCH, 2023/PHALGUNA, 1944 (SAKA)

•REPORT OF THE JOINT COMMITTEE ON

•THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•(SAKA)

•REPORT OF THE JOINT COMMITTEE ON

•THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•Presented to Lok Sabha on the

•Laid in Rajya Sabha on the 1

•MARCH, 2023/PHALGUNA 1944 (SAKA)

•LOK SABHA

•REPORT OF THE JOINT COMMITTEE ON

•THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•(SEVENTEENTH LOK SABHA)

•esented to Lok Sabha on the 20 March, 2023

•Laid in Rajya Sabha on the 17 March, 2023

•LOK SABHA SECRETARIAT

•NEW DELHI

•MARCH, 2023/PHALGUNA 1944 (SAKA)

•REPORT OF THE JOINT COMMITTEE ON

•THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•March, 2023

•MARCH, 2023/PHALGUNA 1944 (SAKA)

•INDEX

•PART CONTENT PAGE No.

•Composition of the Committee ii-iv

•Introduction v-vii

•REPORT

SECTION Section 10

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7.Smt. Poonamben Hematbhai Maadam

SECTION Section 100

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•section 4 of this Act, shall,

•on conviction before a

•Magistrate, be punished by

•fine not exceeding two

•thousand rupee s, or

•by simple imprisonment for

•a term not exceeding six

•months, or by both.

•Proposed for omission

•in the Bill, as

introduced.

•5 Insertion of

•new Section

•13 in

•substitution

•--- 13. Penalty for certain

contraventions.- The

•Press Registrar may

•impose a penalty-

•23

•of existing

SECTION Section 1000

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3.Before the Officials started their briefing, the Members of the Committee expressed

•their displeasure over the absence of Secretaries of all the three Departments who were

•scheduled to appear before the Committee. The Members of the Committee expressed their

•views that the final decision before the Committee need to be committed by the highest

•ranking officials of the Ministries namely, the Secretary of the concerned department. The

•409

•Chairperson, while informing that the Secretaries had sought leave of absence a day prior to

•the sitting, gave a direction to the Officials present of the concerned Ministries and DPIIT to

•convey the unhappiness of the Committee to them and ensure that they appear before the

•Committee in the future.

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4.The Officials of Department of Financial Services made a power point presentation

•regarding the following 5 Acts administered by them and the amendments proposed in the

•Bill for decriminalization.

i.The Deposit Insurance and Credit Guarantee Corporation Act, 1961,

ii.The Payment and Settlement Systems Act, 2007,

iii.The Factoring Regulation Act, 2011,

iv.The National Housing Bank Act, 1987 and,

v.The National Bank for Agriculture and Rural Development Act, 1981.

•In the DICGC Act, 1961, Section 47(2) is proposed to be amended to replace the

•existing provisions for imposition of fine with penalty. Similarly, the consequential insertions

•proposed to provide for the manner of levying and recovery of penalty.

SECTION Section 1002

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5.In t he Payment and Settlement System Act, 2007, Sections 26(3) and 26(6) are

•proposed to be amended for minor procedural failure by replacing provision of imposition of

•fine with penalty. It is also proposed to amend Section 30 as consequential amendment

•providing for the manner of levying penalty by RBI.

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6.The Officials then briefed about the Factoring Regulation Act, 2011 wherein

SECTION Section 1004

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•Section 21 is proposed to be amended by replacing the provision of imposition of fine with

•penalty by RBI. Also, consequential insertions are being proposed in Section 22 to provide

•for manner of levying and recovering of penalty by RBI.

SECTION Section 1005

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7.Under the National Housing Bank Act, 1987, sub -section (2), (2B), (3) and (4) of

SECTION Section 1006

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•Section 49 are proposed to be omitted from that sectio n by suitably inserting those in

SECTION Section 1007

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•Section 52, thereby, replacing the provision of imposition of fine with penalty by NHB and

RBI.Section 33(c) is also proposed to be inserted to debar or remove the Auditor in case of

•failure to comply with any direction given by NHB and RBI.

SECTION Section 1008

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8.The officials then explained the rationale behind amending Section 56(2) of the Act

•where under it is proposed to replace imposition of fine with imposition of penalty by

•410

NABARD.There are also consequential insertions proposed in Section 56 to provide for

•manner of levying and recovery of penalty by NABARD.

•(The Officials of DoFS withdrew and then the Representatives of the Department of

•Economic Affairs (DoEA) deposed before the Committee)

SECTION Section 1009

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9.The Officials of Department of Eco nomic Affairs briefed the Committee about the

•proposed omission of Section 27 in the Public Debt Act, 1944. One of the reasons provided

•was no instance of invocation of Section 27 of Public Debt Act, 1944 so far.

SECTION Section 101

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•Section 13

(i)not exceeding ten

•thousand rupees where

•the publisher prints or

•publishes any book or

•paper otherwise than in

•conformity with the

•provisions contained in

SECTION Section 1010

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10.Then the Committee were informed about the amendments proposed in Section 10

•of the High Denomination Banknotes (Demonetization) Act, 1978. This Act provide to

•eliminate possible use of the legal tender character of notes of Rs. 1000, Rs. 5000 and Rs.

•10000 denominations issued by RBI for financing transactions which are harmful to national

economy.The Committee sought to know whether this amendment is really needed or the

•entire Act can be repealed.

SECTION Section 1011

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11.The Committee were then briefed about the proposed amendments in Section 30(1)

•of the Government Securities Act, 2006 which propose to provide for replacing the existing

•imprisonment and/or fine with fine only.

•(The Officials of DoEA withdrew and then the Representatives of the Department of

•Revenue were called before the Committee)

SECTION Section 1012

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12.The Committee were then briefed by officials of Department of Revenue regarding

•the proposed amendments in the Prevention of Money Laundering Act, 2002. It was

•informed that these changes are consequential to decriminalization of certain offences in

•respective enactments and since these offences are being decriminalized, they may be

•deleted from the Schedule to the PMLA, 2002. The Committee made a general observation

•that based on the suggestions made by Members, the modifications suggested in the

•proposed amendments may be examined by the respective Departments and a statement

•be prepared about their acceptance or otherwise with reasons for consideration of the

•Committee during clause by clause consideration of the Bill.

•The Committee then adjourned.

•A verbatim record of the proceedings has been kept separately.

•******

•411

•JOINT COMMITTEE ON THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•MINUTES OF THE SIXTH SITTING OF THE COMMITTEE

•The Committee sat on Tuesday, the 7 th February, 2023 from 1500 hrs. to 1715 hrs in

•Committee Room No.1, Extension to Parliament House Annexe, New Delhi.

•PRESENT

•Shri P.P. Chaudhary – Chairperson

•MEMBERS

•LOK SABHA

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2.Dr. Sanjay Jaiswal

SECTION Section 1014

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3.Shri Sanjay Seth

SECTION Section 1015

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4.Smt. Poonam Pramod Mahajan

SECTION Section 1016

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5.Smt. Aparajita Sarangi

SECTION Section 1017

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6.Shri Rajendra Agrawal

SECTION Section 1018

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7.Shri Rattan Lal Kataria

SECTION Section 1019

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8.Adv. Dean Kuriakose

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•section 3;

•(ii) not exceeding ten

•thousand rupees whe re

•the keeper of the press

•fails to make and

•subscribe the declaration

•in conformity with the

•provisions contained in

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9.Dr. Venkata Satyavathi Beesetti

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10.Shri Girish Chandra

•RAJYA SABHA

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11.Shri Mahesh Jethmalani

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12.Shri Vivek K. Tankha

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13.Shri Narain Dass Gupta

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14.Shri Sujeet Kumar

•SECRETARIAT

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1.Shri Vinay Kumar Mohan - Joint Secretary

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2.Shri H. Ram Prakash - Director

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3.Shri Rahul Singh - Deputy Secretary

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4.Smt. Maya Menon - Under Secretary

•412

•WITNESSES

•Sl

•No

•Ministry/Department Representatives

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•section 4;

•(iii) not exceeding twenty

•thousand rupees where

•the publisher fails to

•furnish the annual

•statement as required

•under clause (a) of

SECTION Section 1030

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1.Ministry of Health and

•Family Welfare

•(Department of Health &

•Family Welfare)

iii.Shri Rajesh Bhushan – Secretary

iv.Shri G. Kamala Rao – CEO, FSSAI

v.Dr. V.G. Somani – DCGI

vi.Shri Sachin Mittal – Joint Secretary

vii.Shri Rajiv Wadhawan – Advisor

SECTION Section 1031

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2.Ministry of Railways i. Ms. Jaya Varma Sinha - Member (Operation &

•Business Development) & ex-officio Secretary

ii.Shri Jyoti Kumar Satija- DIG (Projects)

iii.Shri Ratnesh Kumar Jha - Executive Director

•(Public Grievances)

iv.Shri Vipul Singhal - Director (Passenger

•Marketing)

SECTION Section 1032

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3.Ministry of Road,

•Transport & Highways

i.Smt. Alka Upadhyaya – Secretary

ii.Shri Mahmood Ahmed – Additional Secretary

iii.Dr. Piyush Jain – Director, MVL

iv.Shri Shaaswat Jindal - Legal Consultant

SECTION Section 1033

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4.Ministry of Commerce &

•Industry (DPIIT)

i.Ms. Manmeet K. Nanda - Joint Secretary

ii.Ms. Supriya Devasthali - Director

SECTION Section 1034

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5.Ministry of Law &

•Justice

i.Shri K.R. Saji Kumar – Joint Secretary and

•Legislative Counsel, (Legislative Department)

ii.Dr. Amit Tyagi – Deputy Legal Advisor

•(Department of Legal Affairs)

SECTION Section 1035

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2.At the outset, the Chairperson welcomed Members and the Officials/Representatives

•of the Ministries to the Sitting convened to have briefing about the proposed amendments

•pertaining to the Acts enforced by their Departments in the Schedule of the Jan Vishw as

•(Amendment of Provisions) Bill, 2022.

SECTION Section 1036

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3.The Chairperson asked the Representatives of Department of Health and Family

•Welfare to brief about the reasons for the proposed amendments in the (i) The Drugs and

•413

•Cosmetics Act, 1940 (Sl No. 6 in the Schedule ), (ii) The Food Safety and Standards Act,

•2006 ( Sl No. 35 in the Schedule) and (iii) The Pharmacy Act, 1948 ( Sl No. 9 in the

•Schedule) . The Officials of the Ministry made a power -point presentation giving reasons

•behind the amendments in the Acts propo sed in the Bill. The Committee observed that in

•the Food Safety and Standards Act, 2006, the proposed amendments to Sections 59(i), 61

•and 63 provide for removal of imprisonment clause and increase of fine and suggested that

•since the said Sections deal w ith unsafe food, false information and carrying out a business

•without licence and can harm larger public, the provision for imprisonment may be retained;

•the term of ‘imprisonment’ may be reduced to three months in Sections 59 (i) and 63.

SECTION Section 1037

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4.Similarly, in the Pharmacy Act, 194 8, the proposed amendments in Section 26 A(3),

SECTION Section 1038

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•Section 41(1) and Section 42(2) provide for removal of imprisonment clauses and increase

•in fine and also compounding of the fine. The Committee noted that these Sections deal

•with wil lfully obstructing an Inspector in the exercise of powers under the Pharmacy Act,

•1948, penalty for false claim as registered and dispensing by unregistered persons, and

•therefore, these are all serious issues which can impact a larger public and suggested that

•the imprisonment clauses may be retained upto three months instead of six months so as to

•ensure effective deterrent in place.

•(The Officials of MoHFW withdrew and then the Representatives of the Ministry of

•Railways were called before the Committee)

SECTION Section 1039

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5.The Committee then were briefed by the Officials of the Ministry of Railways about

•the proposed amendment in Section 144(2) of the Railway Act, 1989 mentioned at S. No. 27

•in the Schedule to the Bill. The proposed amendment relates to begging in an y railway

•carriage or any part of the Railway for which at present the punishment is of imprisonment

•or fines. It is now being proposed to do away with this punishment provision. The Committee

•agreed with the reasoning provided by the Officials of Ministry of Railways but observed that

•there are penalties for offences like presence in platform without valid platform ticket,

•unauthorized travelling in train, indecent behavior due to inebriated state, etc. which attract

•imprisonment and court interventions an d cases drag for several years, which need to be

decriminalized.Therefore, the Committee observed that the Ministry should revisit other

•penal provisions in the Railways Act, 1989 and decriminalize as many provisions for

•offences of minor nature as has b een done by other Ministries, which have examined many

•414

•of the provisions and brought amendments to make and facilitate ease of living and ease of

•doing business.

•(The Officials of Ministry of Railways withdrew and then the Representatives of the

•Ministry of Road, Transport and Highway deposed before the Committee)

SECTION Section 104

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•section 19D within one

•year from the end of the

•financial year in respect

•of which the annual

•statement was required to

•be furnished;

•(iv) not exceeding twenty

•thousand rupees where a

•person who has ceased

•to be a printer or

•publisher of any

•newspaper fails or

•neglects to make a

•declaration in compliance

•with the provisions of

SECTION Section 1040

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6.The Committee were then briefed by the Officials of Ministry of Road, Transport and

•Highways on the proposed amendments in the Motor Vehicle Act, 1988 as mentioned at S.

No.26 in the Schedule to the Bill. The proposed amendments pertain to decriminalization of

•minor offences and relate to Section 192(a), Section 200(1) and Section 215. It was

•elaborated that Section 192 (a), relating to using vehicle without permit which attracts

•imprisonment of one year, has been proposed to be modified to imprisonment 'and/or' fine

•as it is treated to be an anomaly and not a major offence. The Section 200(1) refers to

•composition of certain offences and Section 177(a), 192B(3) and Section 201 have been

•included under this Section for compounding of offences. These Of fences are very minor in

•nature and hence will be dealt with administrative authority. The Third amendment relates

•to Section 215 which provides for constitution of District Road Safety Committee and where

•the State Governments have not constituted these Committees, then the Central

•Government shall constitute these Committees on prescribed terms and conditions and shall

•consist of a Chairperson and such other Members of the Central Government as considered

necessary.The Committee pointed out that the ame ndment proposed in the Bill has only

•one provision and the power point presentation of the Ministry provides for two provisions

•and suggested that the Ministry should do necessary action to rectify the anomaly.

SECTION Section 1041

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7.The Committee made a general observation that all the Ministries should examine the

•suggestions made by the Committee and come out with their considered responses during

•the clause by clause examination of the Bill.

SECTION Section 1042

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8.The Chairperson thanked the Members of the Committee and the Officials of t he

•Ministries for appearing before them and explaining the rationale behind in the amendments

•proposed in the Bill related to their Ministries.

•The Committee then adjourned.

•A verbatim record of the proceedings has been kept separately.

•******

•415

•JOINT COMMITTEE ON THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•MINUTES OF THE SEVENTH SITTING OF THE COMMITTEE

•The Committee sat on Thursday, the 9 th February, 2023 from 1500 hrs. to 1915 hrs.

•in Committee Room ‘D’, Parliament House Annexe, New Delhi.

•PRESENT

•Shri P.P. Chaudhary – Chairperson

•MEMBERS

•LOK SABHA

SECTION Section 1043

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2.Shri Uday Pratap Singh

SECTION Section 1044

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3.Shri Sanjay Seth

SECTION Section 1045

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4.Shri Khagen Murmu

SECTION Section 1046

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5.Smt. Poonam Pramod Mahajan

SECTION Section 1047

Untitled Section

6.Smt. Aparajita Sarangi

SECTION Section 1048

Untitled Section

7.Shri Rajendra Agrawal

SECTION Section 1049

Untitled Section

8.Adv. Dean Kuriakose

SECTION Section 105

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•section 8;

(v)not exceeding two

•thousand rupees for not

•delivering books or not

•supplying printer with

•maps referred to in

SECTION Section 1050

Untitled Section

9.Dr. Venkata Satyavathi Beesetti

•RAJYA SABHA

SECTION Section 1051

Untitled Section

10.Shri Ghanshyam Tiwari

SECTION Section 1052

Untitled Section

11.Shri Mahesh Jethmalani

SECTION Section 1053

Untitled Section

12.Shri Narain Dass Gupta

•SECRETARIAT

SECTION Section 1054

Untitled Section

1.Shri Vinay Kumar Mohan - Joint Secretary

SECTION Section 1055

Untitled Section

2.Shri H. Ram Prakash - Director

SECTION Section 1056

Untitled Section

3.Shri Rahul Singh - Deputy Secretary

SECTION Section 1057

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4.Smt. Maya Menon - Under Secretary

•416

•WITNESSES

•Sl No Ministry/Department Representatives

SECTION Section 1058

Untitled Section

1.Ministry of Information &

•Broadcasting

i.Sh. Apurva Chandra – Secretary

ii.Ms. Neerja Sekhar – Addl. Secretary

iii.Sh. Vikram Sahay – Joint Secretary

iv.Sh. Sanjiv Shankar – Joint Secretary

v.Sh. Prithul Kumar – Joint Secretary

SECTION Section 1059

Untitled Section

2.Ministry of Statistics and

•Programme Implementation

i.Dr. G.P. Samanta – Secretary (S&PI) &

•Chief Statistician of India

ii.Dr. Bivas Chaudhuri – Addl. Director

•General

iii.Sh. Ghan Shayam – Addl. Director

•General

iv.Sh. Tanweer Qamar Mohammad – Joint

•Secretary

v.Sh. Parveen Shukla – Dy. Director

•General

vi.Shri C.K. Jha – Dy. Director General

SECTION Section 106

Untitled Section

•section 9;

•24

•(vi) not exceeding two

•thousand rupees where

•any printer of a

•newspaper neglects to

•deliver copies of the

•newspaper in compliance

•with the provisions of

•sections 11A and 11B.”.

•6 Section 14 Punishment for making

•false statement - Any

•person who shall, in making

•any declaration or other

•statement under the

•authority of this Act, make

•a statement which is

•false, and which he either

•knows or believes to be

•false, or does not believe to

•be true, shall, on conviction

•before a Magistrate, be

•punished by fine not

•exceeding two thousand

•rupees, and imprisonment

•for a term not exceeding six

months.

•Proposed for omission

•in the Bill, as

introduced.

•7 Section 15A Penalty for failure to make

•a declaration under

SECTION Section 1060

Untitled Section

3.Ministry of Communications

•(Department of Posts)

i.Shri Vineet Pandey – Secretary

ii.Shri Jagannath Srinivasan – DDG (PO)

iii.Ms. Aparajita Mridha – ASP

SECTION Section 1061

Untitled Section

4.Ministry of Consumer Affairs,

•Food & Public Distribution

•(Department of Consumer

•Affairs)

i.Shri Rohit Kumar Singh – Secretary

ii.Ms. Nidhi Khare – Addl. Secretary

iii.Shri Anupam Mishra – Joint Secretary

SECTION Section 1062

Untitled Section

5.Ministry of Defence

•(Department of Defence)

i.Smt. Nivedita Shukla Verma – Spl.

•Secretary

ii.Shri Rakesh Mittal – Joint Secretary

iii.Smt. Sharmishta Maitra – Director

iv.Shri Ajay Kumar Sharma – DGDE

v.Smt. Sonam Yangdol – Addl. DG

•417

•(Cantts)

vi.Shri Daman Singh – DDG (Cantts)

SECTION Section 1063

Untitled Section

6.Ministry of Ports, Shipping &

•Waterways

i.Shri Sudhansh Pant – Secretary

ii.Shri Rajesh Kumar Sinha – Addl. Secy

•(PS&W)

iii.Shri Sanjay Bariar – ADG (DG Shipping)

iv.Shri Mandeep Singh Randhava –

•Director

SECTION Section 1064

Untitled Section

7.Ministry of Commerce &

•Industry (DPIIT)

i.Ms. Manmeet K. Nanda - Joint

•Secretary

ii.Ms. Supriya Devasthali - Director

SECTION Section 1065

Untitled Section

8.Ministry of Law & Justice

i.Shri K.R. Saji Kumar – Joint Secretary

•and Legislative Counsel, Legislative

•Department

ii.Dr. Amit Tyagi – Deputy Legal Advisor,

•Department of Legal Affairs

SECTION Section 1066

Untitled Section

2.At the outset, the Chairperson welcomed Members and the Officials/Representatives

•of the Ministries to the Sitting convened to have briefing about the proposed amendments

•pertaining to the Acts enforced by their Departments in the Schedule of the Jan Vishw as

•(Amendment of Provisions) Bill, 2022. A general comment was made by the Committee for

•all the Ministries to examine the suggestions made as per the deliberations of the

•Committee thereto to Amendments proposed under the respective Acts being administer ed

•by the respective Ministries/Departments and submit a statement of their responses during

•the clause by clause consideration of the Bill.

SECTION Section 1067

Untitled Section

3.The Chairperson asked the Representatives of Ministry of Information and

•Broadcasting to provide a briefing about the reasons for the proposed amendments in the (i)

•The Press and Registration of Books Act, 1867, (ii) The Cinematography Act, 1952 and (iii)

•the Cable Television Networks (Regulation) Act, 1995 mentioned at Sl. Nos. 01, 11 & 29 of

•the schedule to the Bill.

•418

SECTION Section 1068

Untitled Section

4.The Representatives of the Ministry explained the proposed changes in the Press

•and Registration of Books, Act, 1867 wherein Section 12, 13, 14, 15A, 16, 16A, 16B, 17 and

•19L are being amended and there are consequential changes in 8C(1), 8C(2) an d 19K.

•Then the Cinematography Act, 1952 was taken up and the proposed amendments in

SECTION Section 1069

Untitled Section

•Section 7(1)(a)(i), 7(1)(a)(ii), 7(1)(a)(iia), 7(1)(b), 7(1)(c) and provisions in Section 7(1)

•alongwith new provisions in sub -section (4) in Section 7, su b-section (2) of Section 8 and

SECTION Section 107

Untitled Section

•section 8.--If any person

•who has ceased to be a

•printer or publisher of any

•newspaper fails or neglects

•to make a declaration in

•compliance with section 8,

•he shall, on conviction

•before a Magistrate, be

•punishable by fine not

•exceeding two hundred

•rupees

•Proposed for omission

•in the Bill, as

introduced.

•8 Section 16 16. Penalty for not

•delivering books or not

•supplying printer with

maps.-- If any printer of any

•such book as is referred to in

SECTION Section 1070

Untitled Section

•Section 14. Then the Representatives of the Ministry explained the amendments proposed

•in Section 16(1), Section 16(2), Section 16(3), Section 17 and Section 18 and insertion of

•new provisions in Section 22(2) of the Cable T elevision Networks (Regulation) Act, 1995.

•Members asked certain clarifications on the amendments proposed by the Ministry and

•reasons for the same and Officials of the Ministries clarified.

SECTION Section 1071

Untitled Section

5.The Chairperson then asked the Representatives of Minist ry of Statistics &

•Programme Implementation to provide a briefing about the reasons for the proposed

•amendments in The Collection of Statistics Act, 2008, mentioned at Sl. No. 39 of the

•Schedule to the Bill. The Officials of the Ministry submitted that S ections 16, 17, 18, 19, 20,

•21 and 22 are proposed to be omitted. Section 15 (1) and Section 15(2) are being amended

•to increase the fine.

SECTION Section 1072

Untitled Section

6.The Chairperson then asked the Representatives of t he Department of Posts of the

•Ministry of Communication to provide a briefing about the reasons for the proposed

•amendments in The Indian Post Office Act, 1898 mentioned at Sl. No. 02 of the Schedule to

•the Bill. The Officials of the Ministry submitted th at Section 49 to 72 (23 Sections) are

•proposed to be omitted in the Bill due to being outdated and are not relevant any more and

•other extant rules, laws and provisions can be applied to serve the same purpose.

•(The Officials withdrew and then the next set of Representatives of the

•Ministries/Departments namely Department of Consumer Affairs, Department of

•Defence and Ministry of Shipping, Ports and Waterways were called before the

•Committee)

SECTION Section 1073

Untitled Section

7.The Chairperson then asked the Representatives of Departmen t of Consumer Affairs

•to provide a briefing about the reasons for the proposed amendments in the Legal Metrology

•Act, 2009, mentioned at Sl. No. 40 of the Schedule to the Bill. The Representatives of the

•Department submitted that Section 25 to 47 of LM Act , 2009 provides for various penalties

•419

•by way of levy of fine in case of first offence and either imprisonment or fine or both in case

•of second and subsequent offence. The amendment of eight Sections namely Section 25,

•27, 28, 29, 31, 34, 35 and 48 has be en proposed in the Bill to decriminalize certain minor

offences.

SECTION Section 1074

Untitled Section

8.The Chairperson then asked the Representatives of Department of Defence to

•provide a briefing about the reasons for the proposed amendments in the Cantonments Act,

•2006, mentioned at Sl. No. 37 of the Schedule to the Bill. The Representatives of the

•ministry informed that Section 156, 185, 285, 286, 287, 289, 300, 314, 331, 332 and

•Schedule IV are proposed for amendments. The Officials made a power point presentation

•explaining the e xisting and proposed amendments alongwith justification. Regarding

SECTION Section 1075

Untitled Section

•Section 156, 285, 286, 287(1), 289(5), 301, the Committee sought a more detailed response

•for the justification on the amendments. The Committee advised the Officials to examine

•the appli cability of other Acts in this Section and take a final decision when they appear

•before the Committee when it takes up Clause by Clause consideration of the Bill.

SECTION Section 1076

Untitled Section

9.The Chairperson then asked the Representatives of Ministry of Ports, Shipping &

•Waterways to provide a briefing about the reasons for the proposed amendments in the

•Merchant Shipping Act, 1958, mentioned at Sl. No. 14 of the Schedule to the Bill. The

•Representatives of the Ministry informed the Committee that under Section 436(2) of the

•Merchant Shipping Act, 1958, there is an entire table which provides for penalties and fines

•for offences committed under this Act. In the proposed amendments, the guiding principle is

•to decriminalize minor offences and reduce the punishment from imprisonme nt and/or fine

•or both to penalty. A new provision for compounding of contravention and imposition of

•penalty by executive authority is being proposed. Members sought clarifications and officials

•gave replies to the same.

SECTION Section 1077

Untitled Section

10.The Chairperson thanked the Members of the Committee and the Officials of the

•Ministries for appearing before them and explaining the rationale behind in the amendments

•proposed in the Bill related to their Ministries.

•The Committee then adjourned.

•A verbatim record of the proceedings has been kept separately.

•******

•420

•JOINT COMMITTEE ON THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•MINUTES OF THE EIGHTH SITTING OF THE COMMITTEE

•The eighth sitting of the Joint Committee was held on Thursday, the 16 th February,

•2023 from 1100 hrs. to 1430 hrs. in Committee Room No G074, Parliament Library Building,

•New Delhi.

•PRESENT

•Shri P. P. Chaudhary - Chairperson

•MEMBERS

•LOK SABHA

SECTION Section 1078

Untitled Section

2.Shri Girish Chandra

SECTION Section 1079

Untitled Section

3.Dr. Sanjay Jaiswal

SECTION Section 108

Untitled Section

•section 9 of this Act shall

•neglect to deliver copies of

•the same pursuant to that

•section, he shall for every

•such default forfeit to the

•Government such sum not

•exceeding fifty rupees as a

•Proposed for omission

•in the Bill, as

introduced.

•25

•Magistrate h aving jurisdiction

•in the place where the book

•was printed may, on the

•application of the officer to

•whom the copies should have

•been delivered or of any

•person authorised by that

•officer in this behalf,

•determine to be in the

•circumstances a reasonable

•penalty for the default, and, in

•addition to such sum, such

•further sum as the Magistrate

•may determine to be the

•value of the copies which the

•printer ought to have

delivered.

•If any publisher or other

•person employing any such

•printer shall neglect to

•supply him, in the manner

•prescribed in the second

•paragraph of section 9 of

•this Act, with the maps,

•prints or engravings which

•may be necessary to enable

•him to comply with the

•provisions of that section,

•such publisher or other

•person shall for every such

•default forfeit to the

•Government such sum not

•exceeding fifty rupees as

•such a Magistrate as

•aforesaid may, on such an

•application as aforesaid,

•determine to be in the

•circumstances a reasonable

•penalty for the default, and,

•in addition to such sum,

•such further sum as the

•Magistrate may determine to

•be the value of the maps,

•prints or engravings which

•such publisher or other

•person ought to have

supplied.]

•26

•9 Section 16A 16A. Penalty for failure to

•supply copies of

•newspapers gratis to

Government.-- If any printer

•of any newspaper published

•in India neglects to deliver

•copies of the same in

•compliance with section

•11A, he shall, on the

•complaint of the officer to

•whom copies should have

•been delivered or of any

•person authorised by that

•officer in this behalf, be

•punishable, on conviction by

•a Magistrate having

•jurisdiction in the place

•where the newspaper was

•printed, with fine which may

•extend to fifty rupees for

•every default.

•Proposed for omission

•in the Bill, as

introduced.

•10 Section 16B 16B. Penalty for failure to

•supply copies of

•newspapers to Press

Registrar.-- If any publisher

•of any newspaper published

•in India neglects to deliver

•copies of the same in

•compliance with section 11

•B, he shall, on the complaint

•of the Press Registrar, be

•punishable, on conviction by

•a Magistrate having

•jurisdiction in the place

•where the newspaper was

•printed, by fine which may

•extend to fifty rupees for

•every default.

•Proposed for omission

•in the Bil l, as

introduced.

•11 Section 17 Any sum forfeited to the

•Government under section

•16 may be recovered, under

•the warrant of the Magistrate

•determining the sum, or of

•his successor in office, in

•the manner authorised by

•the Code of Criminal

•Procedure (10 of 1882) for

•the time being in for ce, and

•within the period prescribed

•by the Indian Penal Code

•Proposed for omission

•in the Bill, as

introduced.

•27

•(45 of 1860), for the levy of

•a fine.

•12 Section 19K 19K. Penalty for

•contravention of section

•19D or section 19E,

etc.—If the publisher of

•any newspaper—

(a)refuses or neglects to

•comply with the provisions

•of section 19D or section

•19E; or

•* * * *

(c)publishes in the

•newspaper in pursuance

•of clause (b) of section

•19D any particulars

•relating to the newspaper

•which he has reason to

•believe to be false,

•he shall be punishable

•with fine which may

•extend to five hundred

rupees.

19K.Penalty for

•contravention of section

•19D or section 19E. — If

•the publisher of any

•newspaper –

(a)refuses or neglects to

•comply with th e provisions

•of clause (b) of section

•19D or section 19E; or

(b)publishes in the

•newspaper in pursuance

•of clause (b) of section

•19D any particulars

•relating to the newspaper

•which he has reason to

•believe to be false,

•he shall be punishable

•with penalty not

•exceeding ten

•thousand rupees.

•13 Section 19L Penalty for improper

•disclosure of information -

•If any person engaged in

•connection with the

•collection of information

•under this Act willfully

•discloses any information

•or the contents of any

•return given or furnished

•under this Act otherwise

•than in the execution of his

•duties under this Act or for

•the purposes of the

•prosecution of an offence

•under this Act or under the

•Indian Penal Code (45 of

•1860), he shall be

•punishable with

•imprisonment for a term

•which may extend to six

•months, or with fine which

•may extend to one thousand

•rupees, or with both.

•Proposed for omission

•in the Bill, as

introduced.

•28

2.11. Submissions of the Ministry:

2.11.1. The Ministry of Information and Broadcasting, in their background note,

•submitted that i t was felt that the provisions relating to imprisonment compromise on

•Press Freedom and hence there is a need to decriminalize the existing statute and to

•make it more consistent keeping in view the present day scenario. Hence, the

•proposed Amendments aim to decriminalize the existing statute. This is also in tune

•with the commitment of ensuring Press Freedom in the country. The existing

•sections namely section 12 to 17 and 19L provides for penalties, including

•imprisonment, or penalties by Magistrate on th e newspapers for contravention of various

•provisions of the Act.

2.11.2. The Ministry further informed that the Jan Vishwas Bill proposes to bring

•the provisions related to suspension and cancellation of certificate of registrations on

•various grounds by Press Registrar. At present, there are no powers to suspend and

•cancel the Certificate of Registration with Press Registrar. The bill also replaces the

•imprisonment with penalties which is more in line with the present times.

2.12. Discussion during the sitting of the Committee:

2.12.1. During the sitting of the Committee held on 9 th February, 2023, the representative

•of the Ministry of Information and Broadcasting gave briefing on the proposed amendments.

•He explained how the Ministry reviewed the Act and decided to propose amendments to

•decriminalize the provisions. He stated that:

•“After review, it was decided to propose certain amendment for decriminalization of

provisions.So, seven provisions under the Act, Sections 12 to 14, Sections 15A to 17

•and 19L are proposed to be omitted, which are all provisions having criminal

•implications to be introduced in lieu of that and instead of fine, financial penalties are

•being proposed, which can be imposed through the Central Government. Section 12

•of the Act is for imposition of penalty contrary to Rule 3. Rule 3 essentially is that

•when a paper is printed, certain type of details has to be mentioned in the paper and if

•those details are not printed, then a penalty can be imposed leading to imprisonment

•or a fine of up to two thousand rupees. So, this provision is proposed to be deleted.

•Similarly, Sections 13 and 14 are also proposed to be deleted. These also are

•provisions with regard to the printing press where a printing press is required to furnish

•a declaration before the District Magistrate. If it has not furnished that declaration and

•runs a printing press, a penalty/fine can be imposed by way of conviction before a

Magistrate.So, both Sections 12 and 13 are proposed to be deleted and instead of

•that a new Section 12 and Section 13 have been proposed in the Bill.”

2.12.2. In this regard the representative, Ministry of Information and Broadcasting

•informed the Committee about the proposed insertion of new Section 12 regarding the

•suspension or cancellation of certificate of registration by Press Registrar for certain

•instances mentioned therein. In this regard Committee sought to clarify, if the proposed

•entrustment of power to cancel certificate of registration to the Press Registrar would aff ord

•their opportunity of being heard. The Committee made sure that the freedom of Press is not

•compromised by the changes, the administrative Ministry is proposing to incorporate. The

•29

•Committee further queried about the availability of provision for appe al in the Act, the

•Ministry representative apprised that remedy lies in Section 8, which provides for opportunity

•for appeal against the order.

2.12.2A On being enquired by the Committee about the role of the District Magistrate, the

•representative from the Ministry explained as under:

•“Every newspaper has to file a declaration before the District Magistrate, from where it

•comes to the Press Registrar. If we are cancelling somebody’s registration or

•suspending, the DM should be aware of the fact that this order has been passed by the

•Press Registrar General.”

2.12.3. The Committee analyzed and noted as under:

•“For suspension and cancellation, they may defend it. So, full opportunity of hearing is

there.Even if the order is passed prejudice to the interest of any person, remedy of

•appeal is there.”

2.12.4. Further, the Committee observed that a person can also approach the court of law

•under Article 226 for violation of fundamental right. The Committee deliberated in detail on

•all the amendments p roposed in the Press and Registration of Books Act, 1867 in the Jan

•Vishwas (Amendment of Provisions) Bill, 2022.

2.13. Suggestions by the Committee:

2.13.1. After detailed discussions, the Committee agreed, in principle, to the amendments

•proposed to the Press and Registration of Books Act, 1867 , specified at serial no. 1 of the

•Schedule to the Bill and decided to consider the suggestions/modifications, if required,

•during clause-by-clause consideration. The Committee, however, suggested that in secti on

•19K, the words “liable for” should be substituted for the words “punishable with”.

•30

•The Indian Post Office Act, 1898

•[Serial No. 2 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.14. Administering Ministry: Ministry of Communications

•[Department of Posts]

2.15. Purpose of the Act: Indian Post Office Act, 1898 is the sole Act being

•administered by the Department of Posts. Indian Post Office Rules, 1933 serve as

•subordinate legislation. The Indian Post Office Act of 1837 was enacted t o bring about

•uniformity in postal operations. This Act was followed by a more comprehensive Indian Post

•Office Act of 1854 which laid the foundation of modern -day postal system in the country.

•The Indian Post Office Act of 1898 further strengthened the postal system in the country.

2.16. Amendments proposed to the Act: This Bill, as introduced, propose to omit

SECTION Section 1080

Untitled Section

4.Shri Rattan Lal Kataria

SECTION Section 1081

Untitled Section

5.Smt. Poonam Pramod Mahajan

SECTION Section 1082

Untitled Section

6.Shri Pinaki Misra

SECTION Section 1083

Untitled Section

7.Shri Khagen Murmu

•RAJYA SABHA

SECTION Section 1084

Untitled Section

8.Shri Ghanshyam Tiwari

SECTION Section 1085

Untitled Section

9.Shri Vivek K Tankha

SECTION Section 1086

Untitled Section

10.Shri Narain Dass Gupta

SECTION Section 1087

Untitled Section

11.Dr. Radha Mohan Das Agrawal

•SECRETARIAT

SECTION Section 1088

Untitled Section

1.Shri H Ram Prakash - Director

SECTION Section 1089

Untitled Section

2.Shri Rahul Singh - Deputy Secretary

SECTION Section 109

Untitled Section

•Chapter X of the Indian Post Office Act, 1898. Accordingly, the following existing Sections

•(Sections 49 to 56 and 58 to 72)(Section 57 already omitted by the Financial Act 1950) are

•proposed to be omitted:

Sl.

No.

•Sections Existing Provision

SECTION Section 1090

Untitled Section

3.Smt. Maya Menon - Under Secretary

•421

•WITNESSES

•Sl No Ministry/Department Representatives

SECTION Section 1091

Untitled Section

1.Ministry Of Commerce

•& Industry (Department

•For Promotion Of

•Industry & Internal

•Trade)

i.Shri Anurag Jain, Secretary

ii.Shri R. S. Thakur, Additional Secretary

iii.Ms. Shruti Singh, Joint Secretary

iv.Ms. Manmeet Nanda, Joint Secretary

v.Ms. Supriya Devasthali, Director

SECTION Section 1092

Untitled Section

2.Ministry Of Commerce &

•Industry

•(Deptt. Of Commerce)

i.Shri Rajesh Agrawal, Addl. Secretary

ii.Dr. K.N. Raghavan, Executive Director,

•Rubber Board

iii.Shri D. Sathiyan, Secretary, Spices Board

iv.Shri K.S. Pradeep, Secretary, MPEDA

v.Shri Saurav Pahari, Deputy Chairman, Tea

•Board

vi.Shri Neeraj Gaba, Director,

vii.Shri Praveen Kumar, Director

SECTION Section 1093

Untitled Section

3.Ministry of Consumer

•Affairs, Food and Public

•Distribution

•(Deptt. Of Consumer

•Affairs)

i.Ms. Nidhi Khare, Addl. Secretary

ii.Shri Anupam Mishra, Joint Secretary

iii.Shri N. Natarajan, Director

SECTION Section 1094

Untitled Section

4.Ministry Of Communications

•(Deptt. Of Posts)

i.Shri Vineet Pandey, Secretary

ii.Shri Jagannath Srinivasan, DDG(PO)

SECTION Section 1095

Untitled Section

5.Ministry Of Finance

•(Department Of Economic

•Affairs)

i.Shri Ajay Seth, Secretary

ii.Shri Ashish Vachhani,

Addl.Secretary(Budget)

iii.Shri Rajev Saksena, Joint

•Secretary(Investment)

iv.Ms. Aparna Bhatia, Advisor (BP&CT)

SECTION Section 1096

Untitled Section

6.Ministry Of Finance

•(Department Of Financial

•Services)

i.Shri Suchindra Misra,

•Additional Secretary

ii.Shri Pankaj Sharma, Joint Secretary

•422

iii.Ms. Sushma Kindo, Joint Director

iv.Shri Raghav Bhatt, Deputy Director

v.Shri Shubhranshu Shekhar, OSD

SECTION Section 1097

Untitled Section

7.Ministry Of Railways

i.Ms. Jaya Varma Sinha, Member

•(Operation & Business Development) & ex-

•Officio Secretary, Railway Board

ii.Shri Ratnesh Kumar Jha, Executive

•Director (Public Grievances), Railway

•Board

iii.Shri Vipul Singhal, Director (Passenger

•Marketing), Railway Board

SECTION Section 1098

Untitled Section

8.Ministry of Food & Public

•Distribution

i.Shri Sanjeev Chopra, Secretary

ii.Shri Ashok K.K. Meena, CMD

iii.Shri Subodh Kumar Singh, Addl. Secretary

iv.Shri Amit Kumar Singh, MD

SECTION Section 1099

Untitled Section

9.Ministry Of Health And

•Family Welfare (Department

•Of Health & Family Welfare)

i.Shri Rajesh Bhushan, Secretary

ii.Shri G. Kamala Vardhana Rao, CEO,

•FSSAI

iii.Dr. V.G. Somani, DCGI

iv.Shri Sachin MIttal, Joint Secretary

v.Shri Rajiv Wadhawan, Advisor

SECTION Section 11

Untitled Section

8.Smt. Poonam Pramod Mahajan

SECTION Section 110

Untitled Section

1.Section

•49

•Penalty for misconduct of person employed to carry or deliver

•mail bags or postal articles.-

•Whoever, being employed to carry or deliver any mail bag or any

•postal article in course of transmission by post, -

(a)is in a state of intoxication while so employed, or

(b)is guilty of carelessness or other misconduct, whereby the safety of

•any such mail bag or postal article as aforesaid is endangered, or

(c)loiters or makes delay in the conveyance or delivery of any such

•mail bag or postal article as aforesaid, or

(d)does not use due care and diligence safely to convey or deliver any

•such mail bag or postal article as aforesaid,

•shall be punishable with fine which may extend to fifty rupees.

•2 Section

•50

•Penalty for voluntary withdrawal from duty, without

•permission or notice, of person employed to carry or deliver mail

•bags or postal articles. -Whoever, being employed to carry or deliver

•any mail bag or any postal article in course of transmission by post,

•voluntarily withdraws from the duties of his office without permission or

•without having given one month's previous notice in writing, shall be

•punishable with imprisonment which may extend to one month, or with

•fine which may extend to fifty rupees, or with both.

•3 Section

•51

•Penalty for making false entry in register kept by person

•employed to carry or deliver any postal articles.-

•Whoever, being employed to carry or deliver any postal article in

•course of transmission by post and required while so employed to

•keep any register, makes, or causes or suffers to be made, any false

•entry in the register with intent to induce the belief t hat he has visited a

•31

•place, or delivered a postal article, which he has not visited or

•delivered, shall be punishable with imprisonment for a term which may

•extend to six months, or with fine which may extend to one hundred

•rupees, or with both.

•4 Section

•52

•Penalty for theft, dishonest misappropriation, secretion,

•destruction, or throwing away of postal articles.-

•Whoever, being an officer of the post office, commits theft in respect

•of or dishonestly misappropriates, or for any purpose whatsoever,

•secretes, destroys or throws away, any postal article in course of

•transmission by post or anything contained therein, shall be

•punishable with imprisonment for a term which may extend to seven

•years, and shall also be punishable with fine.

•5 Section

•53

•Penalty for opening, detaining or delaying postal articles.-

•Whoever, being an officer of the Post Office, contrary to this duty,

•opens, or causes or suffers to be opened, any postal article in course

•of transmission by post, or wilfully details or delays, or ca uses or

•suffers to be detained or delayed, any such postal article, shall be

•punishable with imprisonment for a term which may extend to two

•years, or with fine or both.

•Provided that nothing in this Section shall extend to the opening,

•detaining or delayi ng of any postal article under the authority of this

•Actor in obedience to the order in writing of the Central Government or

•the direction of a competent Court.

•6 Section

•54

•Penalty for fraud in connection with official marks and for receipt

•of excess postage.- Whoever, being an officer of the Post Office.-

(a)fraudulently puts any wrong official mark on a postal article, or

(b)fraudulently alters, removes or causes to disappear an official mark

•which is on a postal article, or

(c)being entrusted with the delivery of any postal article, knowingly

•demands or receives any sum of money in respect of the postage

•thereof which is not chargeable under this Act, shall be punishable

•with imprisonment for a term which may extend to two years, and shall

•also be punishable with fine.

•7 Section

•55

•Penalty for fraudulently preparing, altering, secreting or

•destroying Post Office documents. -Whoever, being an officer of the

•Post Office entrusted with the preparing or keeping of any document,

•fraudulently prepares the document incorrectly, or alters or secretes or

•destroys the document, shall be punishable with imprisonment for a

•term which may extend to two years, and shall also be punishable with

fine.

•8 Section

•56

•Penalty for fraudulently sending unpaid postal articles.-

•Whoever, being an officer of the post office, sends by post, or puts into

•any mail bag, any postal article upon which postage has not been paid

•or charged in the manner prescribed by this Act, intending thereby to

•defraud the government of the p ostage on such postal article shall be

•punishable with imprisonment for a term which may extend to two

•years and shall also be punishable with fine.

•9 Section

•58

•Penalty for contravention of Section 4.- (1) Whoever-

(a)conveys otherwise than by post, a letter within the exclusive

•32

•privilege conferred on the Central Government by Section 4 or

(b)performs any service incidental to conveying, otherwise than by

•post, any letter within the exclusive privilege aforesaid, or

(c)sends, or tenders or delivers in o rder to be sent, otherwise than by

•post, a letter within the exclusive privilege aforesaid, or

(d)makes a collection of letters excepted from the exclusive privilege

•aforesaid for the purpose of sending them otherwise than by post,

•shall be punishable with fine which may extend to fifty rupees for every

•such letter.

(2)Whoever, having already been convicted of an offence under this

•section, is again convicted thereunder, shall, on every such

•subsequent conviction, be punishable with fine which may exte nd to

•five hundred rupees.

•10 Section

•59

•Penalty for contravention of Section 5 .- (1) Whoever, in

•contravention of the provision of section 5, carries, receives, tenders or

•delivers letters, or collects letters, shall be punishable with fine which

•may extend to fifty rupees for every such letter.

(2)Whoever, having already been convicted of an offence under this

•section, is again convicted thereunder, shall, on every such

•subsequent conviction, be punishable with fine which may extend to

•five hundred rupees.

•11 Section

•60

•Penalty for breach of rules under Section 16.-

•Whoever, being appointed to sell postage stamps,-

(a)takes from any purchaser for any postage stamp or quantity of

•postage stamps a price higher than that fixed by any rule made under

SECTION Section 1100

Untitled Section

10.Ministry of Law & Justice

i.Ms. Sunita Anand, Joint Secretary & Legal

•Advisor (Department Of Legal Affairs)

ii.Shri. K. R. Saji Kumar, Joint Secretary and

•Legislative Counsel, (Legislative

•Department)

iii.Shri Vinay Kumar Mishra, Deputy

•Legislative Counsel, (Legislative

•Department)

SECTION Section 1101

Untitled Section

2.At the outset, the Chairperson welcomed the Members and the

•Officials/Representatives of the Ministries to the eighth sitting of the Joint Committee

•423

•convened for Clause by Clause consideration of the Jan Vishwas (Amendment of

•Provisions) Bill, 2022.

SECTION Section 1102

Untitled Section

3.Thereafter, the Chairperson invited the Representatives of the Department for

•Promotion of Industry and Internal Trade to brief the Committee on the revisions made as

•per the deliberations held during the sittings of the Committee in the amendments proposed

•to the Acts mentioned at Sl No 03, 13, 31, 10, 18 and 30 in the Schedule to the Bill. The

•representatives of the Ministry submitted that all the suggestions made by the Committee

•have been accepted by their Department and accordingly incorporated except f or the

•suggestion made regarding applicability of the amendments to the cases pending before the

•courts with retrospective effect.

•(The Officials of DPIIT then withdrew and then the Representatives of the Department

•of Posts were called before the Committee)

SECTION Section 1103

Untitled Section

4.The officials of the Department of Posts of the Ministry of Communications submitted

•that in order to decriminalise, sections 49 to 72 of the Indian Post Office Act, 1898 are

•proposed to be omitted under the Bill and the Committee have acce pted the same. No

•further amendments have been proposed to the proposed amendments under the Bill.

•(The Officials of Department of Posts (DoP) withdrew and then the Representatives of

•the Department of Economic Affairs were invited before the Committee)

SECTION Section 1104

Untitled Section

5.Thereafter, the representatives of the Department of Economic Affairs informed the

•Committee that as per the suggestions of the Committee, the amendment to Section 3 (1)

•of the Government Securities Act 2006, has been accepted to modify the fine with p enalties

•and accordingly make consequential changes. For the High Denomination Banknotes

•(Demonetization) Act, 1944, the Ministry officials said they had accepted the suggestions of

•the Committee and that the Act may be repealed. The Committee asked the re presentative

•of Ministry of Law & Justice to provide a draft for the same for consideration and adoption of

•the Bill.

•(The Officials of DEA withdrew and then the Representatives of the Department of

•Commerce deposed before the Committee)

•424

SECTION Section 1105

Untitled Section

6.The representatives of the Department of Commerce then presented their statement

•on the revisions made as per the suggestions made by the Committee. The officials

•submitted that mechanism for adjudication & appeal has been included wherever

•fines/imprisonment has been replaced with penalties. The Officials informed that the Ministry

•has accepted all the suggestions of the Committee and has made necessary changes in the

•Act and showed them in their powerpoint presentation. The Committee observed that

•separate sections for adjudication and appellate mechanism may be made while considering

•the amendments proposed under the Marine Products Export Development Authority Act,

SECTION Section 1106

Untitled Section

1972.The Committee raised queries over the revision being made to amendments and the

•officials accordi ngly clarified. The officials of Ministry of Law and Justice were asked to

•provide the revised draft as per the Committee deliberations for consideration and adoption

•of the Bill. Clause by Clause amendments proposed by Member Adv. Dean Kuriakose in

•relation to Section 11, sub section (3); Section 13, sub section (3) and Section 26, sub

•section (1) of the Rubber Act, 1947 and Section 38 to 42 of the Tea Act, 1953 were

•considered by the Committee and not accepted.

•(The Officials withdrew and then the Representatives of the Ministry of Railways

•were called before the Committee)

SECTION Section 1107

Untitled Section

7.The representatives of the Ministry of Railways were called upon to explain their

•position on the suggestions made by the Committee. The officials informed the Committee

•that they are modifying provisions in relation to begging inside Railway carriage or premises

•and will review other provisions of the Act. The Committee observed that there is more

•scope for decriminalising the provisions in the Railway Act and asked the Ministry t o explore

•and identify other provisions wherever decriminalization can be carried out.

•(The Officials of Railways withdrew and then the Representatives of Department of

•Consumer Affairs were called before the Committee)

SECTION Section 1108

Untitled Section

8.The officials of the Department of Consumer Affairs submitted to the Committee that

•in relation to Section 25 of the Legal Metrology Act, 2009, the amount of fine for the first

•offence, second offence, and for the third and subsequent offence, has been revised as per

•the suggestions of t he Committee to Rupees one lakh, two lakh and upto five lakh

•425

respectively.Rest of the suggestions of the Committee were also accepted by the Ministry

•and revisions were made accordingly and shown in the powerpoint presentation.

•(The Officials of DoCA withdrew and then the Representatives of the Department of

•Health & Family Welfare appeared before the Committee)

SECTION Section 1109

Untitled Section

9.Thereafter, the Chairperson invited the representatives of the Ministry of Health &

•Family Welfare to brief the Committee regarding the views of the Ministry on suggestions of

•the Committee for the Acts mentioned at Sl No 6, 9 and 35 of the Schedule to the Bill. The

•Officials of the Ministry stated that the suggestions of the Committee regarding Section 29

•and 30 (2) under the Drugs and Cosmeti cs Act, 1940; Section 59 (i), 61 and 63 under the

•Food Safety and Standards Act, 2006; and Section 26 A, 41 and 42 under the Pharmacy

•Act, 1948 have been accepted and necessary changes made in the provisions were shown

•to the Committee in their presentation. Clause by clause amendments proposed by Member

Adv.Dean Kuriakose for Section 30, sub section (2) and Section 32 B sub section (1) were

•discussed by the Committee and not accepted.

•(The Officials of MoHFW withdrew and then the Representatives of the Department of

•Financial Services were called before the Committee)

SECTION Section 111

Untitled Section

•section 16, sub -Section (3), clause (a), shall be punishable with

•imprisonment for a term which may extend to six months, or with fine

•which may extend to two hundred rupees, or with both; or

(b)commits a breach of any other rule under Section 16, shall be

•punishable with fine which may extend to two hundred rupees.

•12 Section

•61

•Penalty for contravention of section 19, 19A or 20. – (1) whoever,

•in contravention of the provisions of section 19 or section 19A or

SECTION Section 1110

Untitled Section

10.The representatives of the Department of Financial Services were called upon to

•explain the their position on the suggestions made by the Committee in the proposed

•amendments in the Bill relating to the Ministry. The officials informed that in the 4 Acts being

•administered by the respective department, they have accepted all the suggestions of the

•Committee and revision in accordance have been made and submitted to the Committee.

•The Committee observed lack of clarity over the issuance of notice in the context of Section

•47 (4) of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 and sought

•clarification with the Legislative Department of the Ministry of Law & Justice. The Committee

•also asked the ministry officials to revisit the connotation of principal civil court as mentioned

•in sub-section (3) of Section 56 of the National Bank for Agriculture and Rural Development

•Act, 1981, so as to bring harmony in interpretation and designation.

•(The Officials of DoFS withdrew and then the Department of Food and Public

•Distribution were called before the Committee)

•426

SECTION Section 1111

Untitled Section

11.The officials of the Department of Food and Public Distribution submitted that

•amendments proposed as per the sugge stions of the Committee to the Amendments

•proposed to the Acts under the Bill mentioned in Sl No 06, 09 and 35 of the Schedule were

•accepted by the Committee.

SECTION Section 1112

Untitled Section

12.The Chairperson directed that the amendments agreed to by the Committee may be

•incorporated in the Bill alongwith consequential amendments, wherever necessary. The

•Chairperson then thanked the Members of the Committee and the Officials of the Ministries

•for appearing before them.

•The Committee then adjourned.

•A verbatim record of the proceedings has been kept separately.

•******

•427

•JOINT COMMITTEE ON THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•MINUTES OF THE NINTH SITTING OF THE COMMITTEE

•The Committee sat on Friday, the 17 th February, 2023 from 1100 hrs. to 1345 hrs. in

•Main Committee Room, Parliament House Annexe, New Delhi.

•PRESENT

•Shri P.P. Chaudhary – Chairperson

•MEMBERS

•LOK SABHA

SECTION Section 1113

Untitled Section

2.Shri Uday Pratap Singh

SECTION Section 1114

Untitled Section

3.Shri Khagen Murmu

SECTION Section 1115

Untitled Section

4.Smt. Poonam Pramod Mahajan

SECTION Section 1116

Untitled Section

5.Shri Rajendra Agrawal

SECTION Section 1117

Untitled Section

6.Shri Rattan Lal Kataria

SECTION Section 1118

Untitled Section

7.Dr. Venkata Satyavathi Beesetti

•RAJYA SABHA

SECTION Section 1119

Untitled Section

8.Shri Ghanshyam Tiwari

SECTION Section 112

Untitled Section

•section 20, sends or tenders or makes over in ord er to be sent by post

•any postal article or anything, shall be punishable with imprisonment

•for a term which may extend to one year, or with fine, or with both.

(2)The detention in the Post Office of any postal article on the ground

•of its having been sent in contravention of the provisions of section 19

•[or section 19A] or section 20, shall not exempt the sender from any

•proceedings which might have been taken if the postal article had

•been delivered in due course of post.

•13 Section

•62

•Penalty for defiling or injuring post office letter boxes. – Whoever

•places in or against any letter box provided by the post office for the

•reception of postal articles any fire, match or light, any explosive,

•dangerous, filthy, noxious or deleterious substance, or any fluid or

•commits a nuisance in or against any such letter box, or does anything

•likely to injure any such letter box or its appurtenance or contents,

•shall be punishable with imprisonment for a term which may extend to

•one year or with fine or with both.

•14 Section

•63

•Penalty for affixing without authority thing to, or painting, tarring

•or disfiguring post office or post office letter -boxes.- Whoever,

•33

•without due authority, affixes any placard, advertisement, notice, list,

•document, board or other thing i n or on, or paints, tars or in any way

•disfigures any post office or any letter -box provided by the Post Office

•for the reception of postal articles, shall be punishable with fine which

•may extend to fifty rupees.

•15 Section

•64

•Penalty for making false de claration.- Whoever, being required by

•this Act to make a declaration in respect of any postal article to be sent

•by post or the contents or value thereof, makes in his declaration any

•statement which he knows , or has reason to believe, to be false, or

•does not believe to be true, shall be punishable with fine which may

•extend to two hundred rupees, and, if the false declaration is made for

•the purpose of defrauding the Government, with fine which may extend

•to five hundred rupees.

•16 Section

•65

•Penalty for master of ship failing to comply with the provisions of

SECTION Section 1120

Untitled Section

9.Shri Mahesh Jethmalani

SECTION Section 1121

Untitled Section

10.Dr. Radha Mohan Das Agarwal

SECTION Section 1122

Untitled Section

11.Shri Vivek K. Tankha

SECTION Section 1123

Untitled Section

12.Dr. Kanimozhi NVN Somu

SECTION Section 1124

Untitled Section

13.Shri Narain Dass Gupta

•SECRETARIAT

SECTION Section 1125

Untitled Section

1.Shri Vinay Kumar Mohan - Joint Secretary

SECTION Section 1126

Untitled Section

2.Shri H. Ram Prakash - Director

SECTION Section 1127

Untitled Section

3.Shri Rahul Singh - Deputy Secretary

SECTION Section 1128

Untitled Section

4.Smt. Maya Menon - Under Secretary

•428

•WITNESSES

•Sl No Ministry/Department Representatives

SECTION Section 1129

Untitled Section

1.Ministry of Information &

•Broadcasting

i.Sh. Apurva Chandra –

•Secretary

ii.Ms. Neerja Sekhar – Addl.

•Secretary

iii.Sh. Vikram Sahay – Joint

•Secretary

iv.Sh. Sanjiv Shankar – Joint

•Secretary

SECTION Section 113

Untitled Section

•section 40 or 41. - Whoever, being the master of a ship,-

(a)fails to comply with the provisions of section 40, or

(b)without reasonable excuse, the burden of proving which shall lie on

•him, fails to deliver any postal article or mail bag or to comply with the

•directions of the officer -in-charge of the post office at a port of arrival,

•as required by section 41,

•shall be punishable with fine which may extend to one thousand

rupees.

•17 Section

•66

•Penalty for detention of letters on board vessel arriving in port. -

(1)Whoever, being either the master of ship arriving at any port in

•India or any one on board, knowingly has in his baggage or in his

•possession or custody, after the postal articles on b oard or any of

•them have been sent to the post office at the port of arrival, any postal

SECTION Section 1130

Untitled Section

2.Ministry of Defence

•(Department of Defence)

i.Smt. Nivedita Shukla Verma –

Spl.Secretary

ii.Shri Rakesh Mittal – Joint

•Secretary

iii.Smt. Sharmishta Maitra – Director

iv.Shri Ajay Kumar Sharma – DGDE

v.Smt. Sonam Yangdol – Addl. DG

•(Cantts)

vi.Maj. Gen. R.S. Rawal – ADG

•(LWE)

SECTION Section 1131

Untitled Section

3.Ministry of Ports, Shipping &

•Waterways

i.Shri Sudhansh Pant – Secretary

ii.Shri Rajesh Kumar Sinha – Addl.

•Secy (PS&W)

iii.Shri Mandeep Singh Randhava –

•Director

•429

SECTION Section 1132

Untitled Section

4.Ministry of Statistics and

•Programme Implementation

i.Dr. G.P. Samanta – Secretary

•(S&PI) & Chief Statistician of

•India

ii.Sh. Ghan Shayam – Addl. Director

•General

iii.Sh. Parveen Shukla – Dy. Director

•General

SECTION Section 1133

Untitled Section

5.Ministry of Environment,

•Forest and Climate Change

i.Ms. Leena Nandan – Secretary

ii.Shri Chandra Prakash Goyal –

•DGF & SS

iii.Shri Bivash Ranjan – ADGF

iv.Shri Naresh Pal Gangwar – Addl.

•Secretary

v.Shri R. Raghu Prasad – IG of

•Forests

SECTION Section 1134

Untitled Section

6.Ministry of Electronics &

•Information Technology

i.Shri Alkesh Kumar Sharma –

•Secretary

ii.Shri Amit Agrawal – Addl.

•Secretary

iii.Ms. Vidushi Chaturvedi – DDG

iv.Shri Atul Kumar Chaudhary – DDG

v.Shri Rakesh Maheshwari –

•Scientist ‘G’ & GC

SECTION Section 1135

Untitled Section

7.Ministry of Housing and

•Urban Affairs

•Shri Jaideep – JS & OSD

SECTION Section 1136

Untitled Section

8.Ministry of Finance

•(Department of Revenue)

•Shri Sanjay Malhotra - Secretary

SECTION Section 1137

Untitled Section

9.Ministry of Agriculture &

•Farmers Welfare

•(Department of Agriculture &

•Farmers Welfare)

i.Shri Manoj Ahuja - Secretary

ii.Dr. Vijaya Lakshmi Nadendla -

•Joint Secretary

•430

SECTION Section 1138

Untitled Section

10.Ministry of Road Transport

•& Highways

i.Shri Mahmood Ahmed – Addl.

•Secretary

ii.Dr. Piyush Jain - Director

iii.Shri Shaashwat Jindal – Legal

•Consultant

SECTION Section 1139

Untitled Section

11.Ministry of Commerce &

•Industry (DPIIT)

i.Ms. Manmeet K. Nanda - Joint

•Secretary

ii.Ms. Supriya Devasthali - Director

SECTION Section 114

Untitled Section

•article within the exclusive privilege conferred on the Central

•Government by section 4, shall be punishable with fine which may

•extend to fifty rupees for every such postal article as aforesaid.

(2)Whoever, being such master or other person as aforesaid, detains

•any such postal articles as aforesaid after demand made for it by an

•officer of the Post Office,

•shall be punishable with fine which may extend to one hundre d rupees

•for every such postal article.

•18 Section

•67

•Penalty for detaining mails or opening mail bag. - Whoever, except

•under the authority of this Act or of any other Act for the time being in

•force or in obedience to the order in writing of the Central Government

•or the direction of a competent Court, detains the mail or any postal

SECTION Section 1140

Untitled Section

12.Ministry of Law & Justice

i.Ms. Sunita Anand – Joint

•Secretary and Legal Advisor,

•Department of Legal Affairs

ii.Shri K.R. Saji Kumar – Joint

•Secretary and Legislative Counsel,

•(Legislative Department)

SECTION Section 1141

Untitled Section

2.At the outset, the Chairperson welcomed Members and the Officials/Representatives

•of the Ministries to the Sitting convened to have Clause by Clause reading of the Jan

•Vishwas (Amendment of Provisions) Bill, 2022.

SECTION Section 1142

Untitled Section

3.The Chairperson asked the Representat ives of the Ministry of Agriculture and

•Farmers Welfare to provide their views on the suggestions made by the Committee and

•informed about its acceptance or otherwise. The Representatives of the Ministry informed

•that the suggestions given by the Committee with respect to Section 5, 5(D) and 5(E) have

•been accepted and changes have been made in the provisions. The Committee accepted

•the Ministry’s view and advised the Legislative Department to make appropriate changes in

•the revised Bill.

•(The Officials of Department of Agriculture and Farmers Welfare withdrew and then

•the representatives of Department of Revenue(DoR) were called before the

•Committee)

SECTION Section 1143

Untitled Section

4.Then, the Representatives of Department of Revenue submitted their view point

•regarding the amendments proposed in the Bill to the Committee. The Secretary,

•431

•Department of Revenue stated that all the amendments that have been proposed in the Bill

•relating to the Money Laundering Act are of consequential changes due to many of the

•provisions in some of the Ac ts becoming decriminalized. The proceeds of any crime is the

•starting point for the Money Laundering Act to come into force. Therefore, the Ministry has

•brought those amendments in the Bill to be consonance with the other amendments in other

•Acts brought by different Ministries. The Committee acknowledged the view point of the

•Ministry regarding the Bill.

•(The Officials of DoR withdrew and the officials of Ministry of Ports, Shipping and

•Waterways (MoPSW) were called before the Committee)

SECTION Section 1144

Untitled Section

5.Then, the Secretary of Ministry of Ports, Shipping and Waterways was called to

•explain the decision of the Ministry towards the suggestions made by the Committee during

•the briefing held regarding the amendments proposed by the Bill in the Merchant Shipping

•Act, 195 8. The Representatives submitted that the amendments to 108E(a) and 108E(b)

•under Section 344G are not being pursued as proposed in the Bill and instead the

•provisions shall be retained in the Act as per the suggestion of the Committee. The rest of

•the amendments proposed have already been explained and the Committee had accepted

•the same.

•(The Officials of MoPSW withdrew and the representatives of Ministry of Housing and

•Urban Affairs (MoHUA) deposed before the Committee)

SECTION Section 1145

Untitled Section

6.The Committee then, called upon the Representatives of the Ministry of Housing and

•Urban Affairs to give the views of the Ministry to the suggestions made by the Committee on

•the amendments proposed in the Metro Railways (Operation and Maintenance) Act, 2 002.

•The Representatives submitted that the suggestions made in Section 59(2), 63, 65 and the

•consequential changes in the Act have been accepted and the necessary changes have

•been made in the provisions. The Committee sought certain clarifications on Section 63 and

•the Representatives clarified the same.

•(The Officials of MoHUA withdrew and then the officials Ministry of Statistics and

•Programme Implementation were invited before the Committee)

SECTION Section 1146

Untitled Section

7.Then, the Committee invited the Representatives of Mini stry of Statistics and

•Programme Implementation to submit their response to the suggestions made by the

•432

•Committee to the amendments proposed in the Collection of Statistics Act, 2008. The

•Officials of the Ministry submitted that the Committee gave suggestions in Section 15(1) and

•15(2). The word ‘punishable’ was to be substituted with ‘liable’ and ‘fine’ with ‘penalty’. The

•amount of penalty may also be enhanced. Similarly, in suggestion to Section 15(2), the

•Committee suggested to replace the word ‘conv iction’ with ‘imposition’ and ‘punishable’ with

•‘liable’. The Officials informed that the Ministry has accepted all the suggestions and has

•made necessary changes in the Act submitted to the Committee.

•(The Officials of MoSPI withdrew and the representatives of Ministry of Information

•and Broadcasting (MoIB) were called before the Committee)

SECTION Section 1147

Untitled Section

8.The Committee, then called upon the Representatives of Ministry of Information and

•Broadcasting to explain their position on the suggestions made by the Committee in the

•proposed amendments in the Bill. The Representatives of the Ministry informed that in the

•Cable Television Networks (Regulation) Act, 1995, they have accepted all the suggestions

•made by the Committee to Section 16, 16(2) and 22(2)(db) and accord ingly, the provisions

•of the Bill after revision were shared with the Committee. The Representatives of the

•Ministry informed that the Committee had suggested certain changes to Section 15 of the

•Cinematograph Act, , 1952 to which the Ministry has no obje ction and accordingly the

•revised provisions were shared with the Committee.

•Then the Representatives explained the acceptance of the suggestions of the

•Committee made in the Press and Registration of Books Act, 1867 in Section 19(K) and

•where the words ‘ punishable with’ be substituted with ‘liable for’ in the Bill and the revised

•formulation was shown to the Committee. Further, clause by clause amendments in relation

•to Section 8 C of the Press and Registration of Books Act, 1867 as proposed by Member

Adv.Dean Kuriakose was considered by the Committee and not accepted.

•(The Officials of MoIB withdrew and the representatives of Ministry of Defence

•were called before the Committee)

SECTION Section 1148

Untitled Section

9.The Representatives of the Ministry of Defence were invited to explain t heir view

•point about the suggestions of the Committee on various amendments to the Cantonments

•Act, 2006. The Officials informed that the suggestions made by the Committee with respect

•to Section 156, 285, 286, 287, 289(5) and 332(1) have been examined i n consultation with

•Army HQ and it is proposed to retain the existing provisions and the amendments in the Bill

•433

•may not be followed up. The consequential changes to Schedule IV will also get partially

•modified due to the changed view of the Ministry. The Committee sought certain

•clarifications from the Officials of the Ministry and the same were provided.

•(The Officials of Ministry of Defence withdrew and then the Ministry of Electronics

•and Information Technology were invited before the Committee)

SECTION Section 1149

Untitled Section

10.Then, the Committee called upon the Representatives of the Ministry of Electronics

•and Information Technology to explain the Ministry’s standpoint on the amendments in the

•IT Act, 2000 and Aadhaar Act, 2016. The Officials of the Ministry stated that the

•suggestions of the Committee regarding Section 2(1), 45, 46 and 72A have been accepted

•and necessary changes made in the provisions were shown to the Committee. However,

•the suggestion of the Committee regarding Section 72 to retain the imprisonment and fin e

•provision was not accepted by the Ministry wherein they justified that the proposed

•amendments will be effective deterrent and are in alignment with the draft Digital Personal

•Data Protection Bill being proposed by the Ministry. The Committee took the M inistry’s view

•point into consideration. Then, the Representatives also suggested that the suggestion

•made by the Committee to decriminalize the provisions for imprisonment in the amendments

•proposed in the Aadhaar Act, 2016 are accepted and they will be s uitably incorporated in

•the Digital Personal Data Protection Bill.

•(The Officials of Meity withdrew and the representatives of Ministry of Environment,

•Forests and Climate Change deposed before the Committee)

SECTION Section 115

Untitled Section

•article in course of tr ansmission by post, or on any pretence opens a

•mail bag in course of transmission by post, shall be punishable with

•fine which may extend to two hundred rupees :

•Provided that nothing in this section shall prevent the detention of an

•officer of the post of fice carrying the mails or any postal article in

•course of transmission by post, on a charge of having committed an

•offence declared to be cognizable by the Code of Criminal Procedure,

•1898 (5 of 1898), or any other law for the time being in force.

•19 Section

•68

•Penalty for retaining postal articles wrongly delivered or mail

bags.– Whoever fraudulently retains or wilfully secretes or makes

•away with, or keeps or detains, or when required by an officer of the

•34

•post office, neglects or refuses to deliver up, any postal article in

•course of transmission by post which ought to have been delivered to

•any other person, or a mail bag containing a postal article, shall be

•punishable with imprisonment for a term which may extend to two

•years, and shall also be punishable with fine.

•20 Section

•69

•Penalty for unlawfully diverting letters. - Whoever, not being an

•officer of the Post Office, wilfully and maliciously, with intent to injure

•any person, either opens or causes to be opened any letter which

•ought to have b een delivered, or does any act whereby the due

•delivery of a letter to any person is prevented or impeded, shall be

•punishable with imprisonment for a term which may extend to six

•months, or with fine which may extend to five hundred rupees, or with

•both :

•Provided that nothing in this Section shall apply to a person who does

•any act to which the section applies, if he is a parent, or in the position

•of a parent or guardian, of the addressee, and the addressee is a

•minor or a ward.

•21 Section

•70

•Penalty for abetting or attempting to commit, offences under Act.

•– Whoever, abets the commission of any offence punishable under

•this Act or attempts to commit any offence so punishable, shall be

•punishable with the punishment provided for that offence.

•22 Section

•71

•Property in cases of offences to be laid in the Post Office. - In

•every prosecution for an offence in respect of a mail bag or of any

•postal article sent by post, it shall be sufficient, for the purpose of the

•charge, to describe the mail bag or postal article as being the property

•of the Post Office, and it shall not be necessary to prove that the mail

•bag or postal article was of any value

•23 Section

•72

•Authority for prosecutions under certain sections of Act. - No

•Court shall take cognizance of an offence punishable under any of the

•provisions of sections 51, 53, 54, clauses (a) and (b), 55, 56, 58, 59,

•61, 64, 65, 66 and 67 of this Act, unless upon complaint made by order

•of, or under authority from, the Direct or General or a Post Master

General.

2.17. Submissions by the Ministry:

2.17.1. The Ministry of Communications in their Background note informed that the

•Department of Posts proposes the repeal of twenty-three Sections of the Indian Post Office

•Act, 1898 for decriminalization of minor violations under the Act and thereby entirely

•decriminalizing the Act. All these 23 provisions are covered under Chapter X 'Penalties and

•Procedures' of the Indian Post Office Act, 1898.

2.17.2. It further informed tha t the Review of the Indian Post Office Act, 1898, for

•decriminalization of minor violations under the Act, was carried out by an internal Committee

•in the Department in the month of July, 2022. The Sections of the Act, containing criminal

•liability in thei r overall context of criminal jurisprudence in India and with reference to all

•relevant considerations, especially with reference to other Acts / Rules available for similar

•offences in the country.

•35

2.17.3. As regards the reasons for proposed amendments, the Ministry in its note

•submitted following details:

(i)Criminal provisions of IPO Act, 1898 applicable to workforce of the

•Department which can be repealed in view of other extant Rules, laws and

•provisions that can be applied to serve the same purpos e. (Sections

•49,50,51,52,53,54,55 ,56 & 60 fall in this category).

•(ii) Criminal provisions of IPO Act, 1898 that have become outdated and are not

•relevant anymore.(Sections 58,59, 65 & 66 fall in this category).

•(iii) Criminal provisions of IPO Act, 1898 with comparable provisions in

•enforcement Laws like Indian Penal Code, 1860, Narcotics Drugs and Psychotropic

•substances act, 1985, Transportation of dangerous Goods Act, 1992, Customs Act,

•1962, Protection of Children from Sexual Offences Act, 2012, Indecent

•Representation of Women (Prohibition) Act, 1986, Public Property (Prevention of

•Damage) Act, 1985 etc. (Sections 61,62,63,64,67,68,69 fall in this category).

•(iv) Some non - criminal provisions which will become non -relevant since they

•are linked to the above sections recommended for repeal (Sections 70,71 & 72 fall

•in this category).

2.17.4. In view of the above, it is proposed to repeal all sections of the Indian Post Office

•Act, 1898.

2.18. Discussion in the sitting of the Committee:

2.18.1. During the sitting of the Committee held on 9 th February, 2023, the

•representatives from the Department of Posts briefed the Committee on the proposed

•omissions of Chapter X in the Bill. It was elaborated by the Department that the entire

SECTION Section 1150

Untitled Section

11.The Committee then invited the Repre sentatives of the Ministry of Environment,

•Forests and Climate Change to give their explanation regarding the suggestions of the

Committee.The Officials of the Ministry stated that the suggestions of the Committee

•regarding the Air Act, 1981 with respect to Section 21 and 39 A have been accepted.

•Similarly, with respect to Environment Protection Act, 1986, the suggestions towards

SECTION Section 1151

Untitled Section

•Section 15 have been accepted by the Ministry. Further, the suggestions of the Committee

•about the amendments to Indian Forest Act, 1927 with respect to Section 26 and 33 have

•been accepted. Finally, in the Public Liability Insurance Act, 1991, the suggestion of the

•Committee to Section 15 has been accepted. The revised formulation after the acceptance

•of the views of the Committee were shown to the Committee in its presentation.

•434

•(The Officials of MoEFCC withdrew and then the Ministry of Road Transport &

•Highway were called before the Committee)

SECTION Section 1152

Untitled Section

12.The Committee then called upon the Representative of the Ministry of Road

•Transport & Highways to given their view point on the suggestions made by the Committee

•to the amendments proposed to the Motor Vehicles Act, 1988 in the Bill. The

•Representatives of the Ministry stated that the suggestions of the Committee to Section 200

•and 215 of the Motor Vehicles Act, 1988 have been accepted by the Ministry and suitable

•revision in the language in the Bill were shown to the Committee in the power point

presentation.

SECTION Section 1153

Untitled Section

13.The Committee then considered Clauses 1 to 4, Enacting Formula a nd Long Title of

•the Bill. The Committee agreed that in the Long Title, the words "minor offences" be

•replaced with the words "certain offences" and also the year "2022" and year of Republic in

•Enacting Formula be amended due to change in the year of Repub lic and Calendar year.

•The Chairperson directed the Officials of the Legislative Department of the Ministry of Law

•and Justice to suitably incorporate all the amendments that have been adopted in the

SECTION Section 1154

Untitled Section

•Clause by Clause reading of the Bill and provide the Dra ft revised Bill to the Secretariat by

•23 February, 2023.

•The Committee then adjourned.

•A verbatim record of the proceedings has been kept separately.

•******

•435

•JOINT COMMITTEE ON THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•MINUTES OF THE TENTH SITTING OF THE COMMITTEE

•The Committee sat on Monday, the 13 th March, 2023 from 1500 hrs. to 1530 hrs. in

•Main Committee Room, Parliament House Annexe, New Delhi.

•PRESENT

•Shri P.P. Chaudhary – Chairperson

•MEMBERS

•LOK SABHA

SECTION Section 1155

Untitled Section

2.Dr. Sanjay Jaiswal

SECTION Section 1156

Untitled Section

3.Shri Uday Pratap Singh

SECTION Section 1157

Untitled Section

4.Shri Sanjay Seth

SECTION Section 1158

Untitled Section

5.Shri Khagen Murmu

SECTION Section 1159

Untitled Section

6.Shri Rajendra Agrawal

SECTION Section 116

Untitled Section

•Chapter X of t he Indian Post Office Act, 1898 has been touched for omission primarily

•because either the provisions have become redundant or obsolete or the same are covered

•under other provisions and enactments like the Indian Penal Code, 1860, the Central Civil

•Services (Classification, Control and Appeal) Rules, 1965 and various other

•enactments/rules.

2.19. Suggestions by the Committee:

2.19.1. After the briefing by the Department and discussions on the proposed

•omissions, the Committee agreed, in principle, with the amendments proposed to the Indian

•Post office Act, 1898, specified at Serial No. 2 of the Schedule to the Bill and decided to

•consider the suggestions/modifications, if required, during Clause-by-Clause consideration.

•36

•The Boilers Act, 1923

•[Serial No. 3 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.20. Administering Ministry: Ministry of Commerce and Industry

•[Department for Promotion of Industry and Internal

•Trade]

2.21. Purpose of the Act: To consolidate and amend the law relating to steam -

boilers.

2.22. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision, as amended in the Bill

•introduced in Lok Sabha

SECTION Section 1160

Untitled Section

7.Shri Rattan Lal Kataria

SECTION Section 1161

Untitled Section

8.Shri Girish Chandra

•RAJYA SABHA

SECTION Section 1162

Untitled Section

9.Shri Ghanshyam Tiwari

SECTION Section 1163

Untitled Section

10.Shri Mahesh Jethmalani

SECTION Section 1164

Untitled Section

11.Shri Vivek K. Tankha

SECTION Section 1165

Untitled Section

12.Shri Sukhendu Sekhar Ray

SECTION Section 1166

Untitled Section

13.Dr. Kanimozhi NVN Somu

SECTION Section 1167

Untitled Section

14.Shri Narain Dass Gupta

SECTION Section 1168

Untitled Section

15.Shri Sujeet Kumar

•SECRETARIAT

SECTION Section 1169

Untitled Section

1.Shri Vinay Kumar Mohan - Joint Secretary

SECTION Section 117

Untitled Section

1.Section

•22

•22- Minor Penalties

•Any owner of a boiler who refuses

•or without reasonable excuse

•neglects —

(i)to surrender a provisional order

•as required by section 9, or

•(ii) to produce a certificate or

•provisional order when duly called

•upon to do so under section 15, or

•(iii) to make over to the new owner

•of a boiler a certificate or

•provisional order as required by

SECTION Section 1170

Untitled Section

2.Shri H. Ram Prakash - Director

SECTION Section 1171

Untitled Section

3.Shri Rahul Singh - Deputy Secretary

SECTION Section 1172

Untitled Section

4.Smt. Maya Menon - Under Secretary

•436

•WITNESSES

•Sl No Ministry/Department Representatives

SECTION Section 1173

Untitled Section

1.Ministry of Commerce & Industry

•(DPIIT)

i.Ms. Manmeet K. Nanda - Joint Secretary

ii.Ms. Supriya Devasthali - Director

SECTION Section 1174

Untitled Section

2.Ministry of Law & Justice

i.Shri K.R. Saji Kumar – Joint Secretary and

•Legislative Counsel, Legislative Department

SECTION Section 1175

Untitled Section

2.At the outset, Hon'ble Chairperson extended a warm welcome to all the Members to

•the tenth sitting of the Committee convened for the consideration and adoption of the Draft

•Report of the Committee. The Committee considered the Draft Report in its entiret y and

•adopted the same. The Chairman also informed that if any Member wants to submit a

•Dissent note, the same may be submitted by 05.00 pm on March 14, 2023 and the same will

•be examined according to procedure and will be decided on merits.

SECTION Section 1176

Untitled Section

3.The Committee also authorized the Chairperson to present the Report in the House

•and finalize an alternate Member from Lok Sabha to present the Report in the Lok Sabha.

•The Committee also finalized the names of the Member from Rajya Sabha to lay the Report

•on the table of Rajya Sabha and the alternate Member to lay the Report. It was also decided

•that the proceedings of the sittings of the Committee may be placed in the Parliament

•Library after the Report has been presented to Parliament, for reference of the Members of

Parliament.

SECTION Section 1177

Untitled Section

4.The Committee also appreciated the officials of the Secretariat, Department for

•Promotion of Industry and Internal Trade and Legislative Department of Ministry of Law and

Justice.

•The Committee then adjourned.

•******

SECTION Section 118

Untitled Section

•section 16,

•shall be punished with fine which

•may extend to five thousand

•rupees

•22- Minor Penalties

•Any owner of a boiler who refuses

•or without reasonable excuse

•neglects —

(i)to surrender a provisional order

•as required by section 9, or

•(ii) to produce a certificate or

•provisional order when duly called

•upon to do so under section 15, or

•(iii) to make over to the new owner

•of a boiler a certificate or provisional

•order as required by section 16, or

SECTION Section 119

Untitled Section

2.Insertion

•in

SECTION Section 12

Untitled Section

9.Smt. Aparajita Sarangi

SECTION Section 120

Untitled Section

•Section

•22

•Nil (iv) to report an accident to a

•boiler or boiler component when

•so required under section 18,

•shall be punished with fine which

•may extend to five thousand rupees

SECTION Section 121

Untitled Section

3.Section

•23

•23- Penalties for illegal use of

•boiler

•Any owner of a boiler who, in any

•case in which a certificate or

•provisional order is required for

•the use of the boiler under this

•Act, uses the boiler either without

•any such certificate or order

SECTION Section 122

Untitled Section

•Section 23 - Penalties for illegal

•use of boiler

•Any owner of a boiler who─

(a)in any case in which a

•certificate or provisional order

•is required for the use of the

•boiler under this Act, uses the

•boiler either without any such

•37

•being in force or at a higher

•pressure than that allowed

•thereby shall be punishable with

•fine which may extend to one

•lakh rupees, and in the case of a

•continuing offence, with an

•additional fine which may extend

•to one thousand rupees for each

•day after the first day in regard to

•which he is convicted of having

•persisted in the offence.

•certificate or order being in

•force or at a higher pressure

•than that allowed thereby,

(b)uses or permits to be used a

•boiler which has been

•transferred from one State to

•another without such

•transfer having been

•reported as required under

SECTION Section 123

Untitled Section

•clause (b) of section 6,

(c)fails to cause the register

•number allotted to the boiler

•under this Act to be

•permanently marked on the

•boiler as required by sub -

•section (6) of section 7,

•shall be liable for fine which

•may extend to one lakh

•rupees, and in the case of a

•continuing offence, with an

•additional fine which may

•extend to one thousand

•rupees for every day during

•which such offence continues.

SECTION Section 124

Untitled Section

3.Section

•24

•24-Other penalties

•Any person who—

(a)uses or permits to be used

•a boiler of which he is the owner

•and which has been transferred

•from one State to another without

•such transfer having been

•reported as required by section

•6, or

(b)being the owner of a boiler

•fails to cause the register number

•allotted to the boiler under this

•Act to be marked on the boiler as

•required by sub -section (6) of

SECTION Section 125

Untitled Section

•section 7, or

(d)fails to report an accident to

•a boiler or steam -pipe when so

•required by section 18, or

•Proposed for omission in the Bill,

•as introduced.

2.23. Submission by the Ministry:

2.23.1. The Department for Promotion of Industry and Internal Trade has proposed to

•amend Sections 22, 23 and 24 of the Boilers Act, 1923. The Department, in their

•38

•background note, has stated that the subject “Boiler” falls in the concurrent list given in the

•seventh schedule to the Constitution of India and administration of the Boilers Act, 1923

•which is a Central Act is being carried out by the Inspectorate of Boilers of the States in their

•respective territories. The Act provides for safety of life and property f rom the danger of

•boiler explosions. There are more than 41000 boilers in the country. The aforesaid

•Amendments have been proposed to benefit boiler users in large and small scale sector in

•Power Plants, Chemical Plants, Steel Plants, Sugar Mills etc.

2.24. Discussion in the sitting of the Committee:

2.24.1. During their sitting held on 31 st January, 2023, the Committee held in depth

•discussions on the amendments proposed by the Department. The Committee observed

•that where there is a provision for imprisonment, then the fine may also be retained for the

•court adjudicating the imprisonment wi ll also look into the fine and that process goes

•concurrently; but where the punishment for imprisonment is being removed, there should not

•be any fine, there must be a penalty. A person need not approach to court of law for a small

•fine of five thousand rupees. The intent of the Committee is crystal clear that the Committee

•do not want to burden the courts. The Committee has to examine the litigation potential.

•The Committee also opined that quasi -judicial authority might be created that would be

•competent to impose and recover penalty.

2.24.2. The representative from the Department submitted that they would be required

•to held consultation once again with the States and ponder over this.

2.25. Suggestions by the Committee:

2.25.1. After detailed deliberations and clarifications on the amendments proposed, the

•Committee decided to consider inter alia the following suggestions/modifications to the

•amendments proposed to the Boilers Act, 1923 specified at Serial No. 3 of the Schedule to

•the Bill during clause-by-clause consideration:

(i)The fine related provision should be replaced with penalty provision.

•(ii) In case of Penalties, where the penalty amount is high, Adjudication and Appellate

•mechanism may be proposed and where the penalty amount is less, adjudication

•mechanism is not required.

•(iii) Whether the amendments to the Acts can have a retrospective effect.

•39

•The Indian Forest Act, 1927

•[Serial. No. 4 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.26. Administering Ministry: Ministry of Environment, Forests and Climate Change

2.27. Purpose of the Act: The Indian Forest Act, 1927 has been enacted to

•consolidate the law relating to forests, the transit of forest -produce and the duty leviable

•on timber and other forest-produce. It provides legal framework of forest administration

•and management for all States/UTs. Various States from time to time have carried out

•amendments in the relevant sections while implementing the provisions of the Act.

2.28. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provisions as amended in the Bill

•introduced in Lok Sabha

•1 Section

•26

(1)Any person who-

(d)trespasses or pastures cattle,

•or permits cattle to trespass; or

(e)causes any damage by

•negligence in felling any tree or

•cutting or dragging any timber,

•shall be punishable with

•imprisonment for a term which

•may extend to six months, or with

•fine which may extend to five

•hundred rupees, or with both, in

•addition to such compensation for

•damage done to the forest as the

•convicting Court may direct to be

paid.

SECTION Section 126

Untitled Section

•Clauses (d) and (e) have been

•proposed for omission in the Bill, as

introduced.

•2 Insertion

•of new

•sub-

•section

•(1A) after

•sub-

•section

(1)in

SECTION Section 127

Untitled Section

•Section

•26

•Nil (1A) Any person who, in a reserved

•forest-

(a)trespasses or pastures cattle, or

•permits cattle to trespass;

(b)causes any damage by

•negligence in felling any tree or

•cutting or dragging any timber,

•shall be liable to pay fine which may

•extend to five hundred rupees, in

•addition to such compensation for

•damage done to the forest as the

•40

•Court may direct to be paid.

•3 Section

•33

SECTION Section 128

Untitled Section

33.Penalties for acts in

•contravention of notification

•under section 30 or of rules

•under section 32. -- (1) Any

•person who commits any of the

•following offences, namely:–

•x xxxx

(e)leaves burning any fire

•kindled by him in the vicinity of

•any tree reserved under section

•30, whether standing fallen or

•felled, or closed portion of any

•protected forest;

(f)fells any tree or drags any

•timber so as to damage any tree

•reserved as aforesaid; or

(g)permits cattle to damage any

•such tree,

•shall be punishable with

•imprisonment for a term which

•may extend to six months, or with

•fine which may extend to five

•hundred rupees, or with both.

SECTION Section 129

Untitled Section

•Clauses (e), (f) and (g) have been

•proposed for omission in the Bill, as

introduced.

•4 Insertion

•of new

•sub-

•section

•(1A) after

•sub-

•section

(1)in

SECTION Section 13

Untitled Section

10.Shri Arvind Dharmapuri

SECTION Section 130

Untitled Section

•Section

•33

•Nil (1A) Any person who commits any

•of the following offences, namely:-

(a)leaves burning any fire kindled

•by him in the vicinity of any tree

•reserved under section 30, whether

•standing, fallen or felled, or closed

•portion of any protected forest;

(b)fells any tree or drags any timber

•so as to damage any tree reserved

•as aforesaid;

(c)permits cattle to damage any

•such tree,

•shall be liable to pay fine which may

•extend to five hundred rupees.

•41

2.29. Submissions by the Ministry:

2.29.1. Expounding on the need for the proposed amendment, the Ministry have in

•their background note submitted as under:

•“The Indian Forest Act, 1927 prescribes penalties for certain acts which are

•prohibited in forests. In case of non -compliance or contravention of the provisions of

•the IFA, 1927, or of the rules or directions issued under the said Act, the violator/

•offender shall be punished with imprisonment and fines. At times, there are difficulties

•in differentiating between a major and minor offence and because of that

•punishments are often not distinct. Hence, it is required to incorporate differentiated

•penal provisions in the Act by amending IFA, 1927. Concerns have been raised with

•regard to the imprisonment provision for minor violations which are simple

•infringements not leadi ng to any injury to human or significant damage to forest.

•Further, the imprisonment provision, may cause harassment to citizens, especially to

•forest dwelling communities and forest dependent people living in and around forest,

•for simple non-compliance.

2.29.2. As regards the rationale behind the proposed amendment, the Ministry have

•stated:

•“The Indian Forest Act,1927 provides for the penalty of imprisonment for some

•minor offences/violations. Imprisonment provision for such minor

•violations/noncompliance to leading to significant injury to human or damage to

•forest do not merit such penalty.

• The imprisonment provision for some minor offence is not justifiable as

•the criminal provisions may cause harassment to citizens, especially forest

•dwelling communities and forest dependent people.

•Considering the above, it is proposed that imprisonment for minor lapses

•shall be removed in certain cases. Hence, the amendments in IFA, 1927 seeks

•to curtail harassment of people for simple viola tions such as trespasses of

•cattle, causing damage by negligence in felling any tree or cutting or dragging

•any timber. The present bill for amendment of the Indian Forest Act, 1927 shall

•eliminate the fear of imprisonment especially for forest dependent p eople for

•minor lapses.

2.29.3. Giving the benefits of carrying out the proposed amendments, the Ministry have

•inter-alia submitted that the amendments shall:

(a)Send out a clear message to the law -abiding people, about the Government’s

•commitments to remove harassment.

(b)Create an atmosphere of trust based governance.

(c)Eliminate the fear of imprisonment on minor lapses among the tribal and forest

•dwelling communities.

(d)Reduce litigation for prosecution under minor offences.

•42

2.30. Discussion in the sitting of the Committee:

2.30.1. During the sitting held on 17 th January, 2023, the Committee sought to know

•why the Ministry seeks to bring about amendment in Section 26 (d) of the Act. The

•representative of the Ministry inter -alia informed that in the reserve forest, the grazing

•rights of the cattle grazers have been settled elsewhere by the forest settlement officer

•and the penalty imposed would act as mental deterrent to prevent cattle trespass.

2.30.2. On being asked how grazing by cattle would harm the reserve forests, the

•Ministry replied as under:

•“जो न ेच ुरल रीजन रेट्स हैं, जो छोटे-छोटे पौधे ननकलते हैं, वे कुच ल जाते हैं। आप देखेंगे कक

•ककसी भी फॉरेस्ट्ट ववलेज के पास वाले जंगल पूरे ज डग्रडेड होते हैं, जैसे ही अंदर जाते हैं, वे

•ठीक रहते हैं। इसका कारण यही है कक जइननशयल स्ट्टेज में कैटल प्रेशर इतना ज्यादा रहता

•है कक सारे पौधे दि जाते हैं।

•दूसरा, वहााँ की लमट्टी कॉम्पैक्ट हो जाती है। लमट्टी कॉम्पैक्ट हो जाएगी तो वहााँ जज मन ेशन

•नहीं हो पाता है। कैटल के आने से काफी प्रभाव पड़ता है। यही कारण है कक पैरीफेरी में

•हमारा फॉरेस्ट्ट िहुत खराि होता है।”

2.30.3. The Committee also sought to know why the penalty amount has been kept

•the same for both Section 26 (d) as well as Section 26 (e). The Ministry informed that

•13 of the states in the country have their own Forest Act and most of the states have

•their own penal provisions. The Committee were also informed that once consent of

•Government of India has been taken by the States to bring about their own provisions

•by way of amendment, the same shall have an overriding over the Central provisions.

2.30.4. On being asked whether any adjudication authority is available under the Act

•which can adjudicate on the penalty being imposed under Section 26 and Section 33 the

•Ministry replied in affirmative.

2.31. Suggestions by the Committee:

2.31.1. After detailed discussions and clarifications on the amendments proposed, the

•Committee decided to consider, inter alia, the following modifications to the amendments

•proposed to the Indian Forest Act, 1927, specified at Serial No. 4 of the Schedule to the Bill,

•during Clause-by-Clause consideration.

SECTION Section 131

Untitled Section

•Section 26: i) The word “fine” may be replaced by “penalty”.

•(ii) Penalty of up to Rs. 500 may be kept for violation of section 26 (1) (d) of

•the Act.

•(iii) Section 26 (1)(d) and (e) of original Act, are to be made compoundable

•and an adjudicating officer be authorized to charge the penalty or

•determine the compensation for damage.

•43

•(iv) Increase penalty from Rs 500 to Rs. 5000 for violation of section 26 (1)

(e)of the Act.

SECTION Section 132

Untitled Section

•Section 33: (i) The word “fine” may be replaced by “penalty”.

•(ii) Increase penalty of Rs 500 to Rs 5000 for violations of section 33(e)

•and (f) of the Act.

•(iii) Section 33 (1) (e) and (f) of original Act, be made compoundable and

•authorize an adjudicating officer to charge the penalty or determine the

•compensation for damage.

•(iv) Omission of Section 33 (1) (g).

•44

•The Agricultural Produce (Grading & Marking) Act, 1937

•[Serial No. 5 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.32. Administering Ministry: Ministry of Agriculture & Farmers’ Welfare

•[Department of Agriculture & Farmers Welfare]

2.33. Purpose of the Act: The Agricultural Produce (Grading and Marking) Act, 1937

•and the rules made there under broadly mandates the Central Government to:

(i)notify the standards, popularly called Agmark standards, containing two to

•three quality grades for grading and marking of agricultural and other produce;

•and

•(ii) provide the procedure to undertake certification of agricultural and other

•produce under the brand Agmark.

2.34. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provisions as amended in the

•Bill introduced in Lok Sabha

•1 Insertion of

SECTION Section 133

Untitled Section

•clause (ga) in

SECTION Section 134

Untitled Section

•Section 3(2)

•Nil (ga) holding inquiry to impose

•penalty under sub -section (1) of

SECTION Section 135

Untitled Section

•section 5C;

•2 Insertion of

SECTION Section 136

Untitled Section

•clause (gb) in

SECTION Section 137

Untitled Section

•Section 3(2)

•Nil (gb) preferring appeal under sub-

•section (1) of section 5D.

•3 Section 4

SECTION Section 138

Untitled Section

4.Penalty for un -authorised

•marking with grade

•designation mark. –

•Whoever marks any scheduled

SECTION Section 139

Untitled Section

•article with a grade designation

•mark, not being authorised to

•do so by rule made under

SECTION Section 14

Untitled Section

11.Shri Rajendra Agrawal

SECTION Section 140

Untitled Section

•Section 3, shall be punishable

•with imprisonment for a term

•not exceeding six months and

•fine not exceeding five

•thousand rupees.

SECTION Section 141

Untitled Section

4.Penalty for un -authorised

•marking with grade

•designation mark. –

•Whoever marks any scheduled

SECTION Section 142

Untitled Section

•article with a grade designation

•mark, not being authorised to do

•so by the rule made under

SECTION Section 143

Untitled Section

•section 3, shall be punishable

•with penalty of five lakh

rupees.

•4 Section 5

SECTION Section 144

Untitled Section

5.Penalty for counterfeiting

•grade designation mark. --

•Whoever counterfeits any

•grade designation mark or has

•in his possession any die,

•plate or other instrument for

•the purpose of counterfeiting a

•grade designation mark, shall

•be punishable w ith

•imprisonment for a term not

SECTION Section 145

Untitled Section

5.Penalty for counterfeiting

•grade designation mark.--

•Whoever counterfeits any grade

•designation mark, or has in his

•possession any die, plate or

•other ins trument for the purpose

•of counterfeiting a grade

•designation mark, shall be

•punishable with penalty of eight

•lakh rupees.

•45

•exceeding three years and fine

•not exceeding five thousand

rupees.

•5 Section 5A 5A. Penalty for selling

•misgraded articles.--

•Whoever sells any scheduled

SECTION Section 146

Untitled Section

•article which is misgraded shall

•be punishable with

•imprisonment for a term not

•exceeding six months and fine

•not exceeding five thousand

rupees.

5A.Penalty for selling

•misgraded articles.--

•Whoever sells any scheduled

SECTION Section 147

Untitled Section

•article which is misgraded shall

•be punishable with penalty of

•three lakh rupees."

•6 Section 5B (4) 5B. Power to prescribe

•compulsory grade

•designations in respect of

•certain articles.—

(4)Whoever contravenes the

•provisions of this section shall

•be punishable with

•imprisonment for a term not

•exceeding six months and fine

•not exceeding five thousand

rupees.

5B.Power to prescribe

•compulsory grade

•designations in respect of

•certain articles.--

(4)Whoever contravenes the

•provisions of this section shall be

•punishable with penalty of five

•lakh rupees.

•7 Section 5C 5C. Institution of

prosecution.—No court shall

•take cognizance of an offence

•punishable under this Act

•except upon a complaint in

•writing made by—

(a)the Central Government or

•the State Government or any

•officer authorised by it in

•writing; or

(b)the person aggrieved; or

(c)a recognised consumer

•association, whether the

•person aggrieved is a member

•of that association or not.

Explanation.—For the

•purposes of this section,

•“recognised consumer

•association” means a voluntary

•consumer association

•registered und er the

•Companies Act, 1956 (1 of

•1956) or any other law for the

•time being in force.

5C.Adjudicating officer. -- (1)

•The Central Government may,

•for the purposes of determining

•the penalties under sections 4, 5,

•5A and 5B, appoint an officer not

•below the rank of Deputy

•Secretary to the Government of

•India or an officer not below the

•rank of Deputy Secretary to the

•State Government, to be

•adjudicating officer to hold an

•inquiry in the manner, as may be

•prescribed and to impose

•penalty:

•Provided that the Ce ntral

•Government may appoint as

•many adjudicating officers as

•may be required.

(2)The adjudicating officer may

•summon and enforce the

•attendance of any person

•acquainted with the facts and

•circumstances of the case to give

•evidence or to produce any

•document, which in the opinion of

•the adjudicating officer, may be

•46

•useful for, or relevant to, the

•subject-matter of the inquiry and

•if, on such inquiry, he is satisfied

•that the person concerned has

•failed to comply with the

•provisions of sections 4, 5, 5A,

•5B, he may impose penalty:

•Provided that no such penalty

•shall be imposed without giving

•the person concerned an

•opportunity of being heard in the

matter.

•8 Insertion of

•new Section 5D

•Nil 5D. Appeal. - (1) Any person

•aggrieved by the order, passed

•by the adjudicating officer under

SECTION Section 148

Untitled Section

•section 5C may prefer an appeal

•to the Agricultural Marketing

•Adviser, Government of India

•within thirty days from the date

•on which the copy of the order

•made by the adjudica ting officer

•is received by the aggrieved

•person in such manner as may

•be prescribed.

(2)The Agricultural Marketing

•Adviser may, after giving the

•parties to the appeal an

•opportunity of being heard, pass

•such order as he may thinks fit,

•confirming, modif ying or setting

•aside the order appealed against.

(3)The Agricultural Marketing

•Adviser referred to in sub -section

(1)shall dispose of the appeal

•within sixty days from the date of

•filing the appeal.

•9 Insertion of

•new Section 5E

•Nil 5E. Recovery.--

•Notwithstanding anything

•contained in this Act, if penalty

•imposed by adjudicating officer

•under section 5C or the

•Agricultural Marketing Adviser

•under section 5D, as the case

•may be, is not deposited, the

•amount shall be recovered as an

•arrears of land revenue.

•47

2.35. Submissions by the Ministry:

2.35.1. In their background note submitted to the Committee, the Department of

•Agriculture and Farmers Welfare (Ministry of Agriculture and Farmers’ Welfare) submitted:

•The Agricultural Produce (Grading and Marking) Act, 1937 is implemented by

•Directorate of Marketing & Inspection (DMI), an attached office of DA&FW with its

•Headquarters at Faridabad and Regional and Sub - Offices spread across the

country.

•Agmark certi fication is a voluntary scheme except for food products like Blended

•Edible Vegetable Oil, Fat Spread, which are mandated by Food Safety and

•Standards (Prohibition and Restriction on Sale) Regulations, 2011.

2.35.2. Elaborating on the need for the propos ed amendments, t he Ministry in their

•background note submitted as under:

•“In sync with national policy to reform and decriminalize the policies and laws

•to promote ease of doing business and ease of life, Dept. of Agriculture and Farmers

•Welfare (DA&FW) has identified the Agriculture Produce (Grading & Marking) Act,

•1937 to dec riminalize by completely removing the imprisonment clauses and

•substituting the same by monetary penalties. The imprisonment clauses existed in

•four sections, namely 4, 5, 5A and 5B of the Act.

•Department undertook consultation with the stakeholders like Agmark packers

•/ manufacturers, graders / quality analysts and State Government officials to arrive at

•the conclusion for need of decriminalizing the aforesaid law. Thus, considering the

•discussions in the administrative Ministry /Department, suggestions of NITI Aayog

•and Department of Promotion of Industry and Internal Trade (DPIIT) and further

•stakeholder consultation with respect to amendment provisions, the proposal to

•decriminalize the imprisonment penal provisions was decided. Furthermore, to arrive

•at the reasonable monetary amount for penalty it was benchmarked with the similar

•provisions of Food Safety and Standards (FSS) Act, 2006.

•The proposed decriminalization amendments in the af oresaid Act would

•facilitate in development of supportive ecosystem for food and agribusiness. Further,

•the proposed amendment would also make the Act more implementable.

•The beneficiary of the proposed amendment provisions of aforesaid Act under

•umbrella Bill of “the Jan Vishwas (Amendment of Provisions) Bill, 2022” would largely

•be manufacturers/packers/Food business operators, who grade and mark the raw or

•processed commodity in the packaged form under AGMARK. In addition, consumers

•who consume agm ark product are also the beneficiary. Apart from above, ease of

•doing business would encourage manufacturers and packers to grade and mark

•more quantities of agricultural produce, creating thereby demand in the market and

•indirectly benefitting the farming community in terms of better price realization.”

•48

2.36. Discussion in the sitting of the Committee:

2.36.1. During the sitting held on 16 thJanuary, 2023, concerns were raised by the

•members of the Committee that the raise of penalty would lead to cor ruption, extortion and

•harassment of micro food enterprises. In this regard, the representative of the Department

•submitted as under:

•“सर , इसके ललए ककतनी पेनाल्टी लगायी जाए , 8 लाख हो सकती है, 5 लाख हो सकती है, 1

•लाख भी हो सकती है या 15 लाख भी हो सकती है, कैसे वह पेनाल्टी ननधाषररत करें , इसके

•ललए हम लोगों ने एक स्ट्टेक होल्डर कंस्ट्लटेशन ककया था। जहां पर ये सारे जजतने भी

•मैन ुफैक्च रसष हैं, पैकसष हैं, उन सभी के साथ मीदटंग हुई थी। स्ट्टेकहोल्डर कंसल्टेशन हुआ था।

•नीनत आयोग के साथ और कॉमसष के साथ मीदटंग्स हुई थीं। इसके िाद हमने एफ एस एस ए

•आई के साथ िेंचमाकष भी ककया।उनके साथ िेंचमाकष करके यह पेनॉल्टी अराइव ककया गया

•है।”

2.36.2. Asked about the justification for removal of penal provisions in Section 5 of the

•Act relating to Penalty for counterfeiting grade design mark, Secretary, Ministry of

•Agriculture informed as under:

•“Sir, this has been taken back voluntarily. जो रेडसष और मैन्यूफैक्च रसष इसको ले रहे हैं,

•वह भी चाहते हैं कक उनके प्रोडक्ट की गुणवत्ता माकेट में स्ट्थावपत हो वह उसके ललए लेते हैं।

•अभी तक जजतने लोगों ने भी ललए हैं, लसफष 3 हजार 770 लोगों ने ललया है। िहुत ज्यादा स्ट्केल

•में लोगों ने नहीं ललया है। इसमें हर महीने हमारी मोननटररंग होती है, अभी तक इतने िड़े

•केस नहीं आए हैं, We can take resort to IPC also. इसमें चचदटंग और काउन्टररकफदटंग इसमें

•आ जाते हैं। अगर हमें लगेगा कक कोई जघन्य अपराध हो रहा है तो हम अपनी अथराइजेशन

•भी ववड्रा कर सकते हैं।”

2.37. Suggestions by the Committee:

2.37.1. After detailed discussions and clarifications on the amendments proposed to be

•made in the Act, the Committee decided to consider, inter alia, the following modifications to

•the amendments proposed to the Agricultural Produce (Grading and Marking) Act, 193 7,

•specified at Serial No. 5 of the Schedule to the Bill, during Clause-by-Clause consideration:

SECTION Section 149

Untitled Section

•Section 5: Enhancement of penalty of eight lakh rupees to fifteen lakh rupees.

SECTION Section 15

Untitled Section

12.Shri Rattan Lal Kataria

SECTION Section 150

Untitled Section

•Section 5D: Deletion of the word “modifying” in sub-section (2) of section 5D.

SECTION Section 151

Untitled Section

•Section 5E: Substitution of the words “amount shall be recovered in the same manner

•as an arrear of land revenue” for the words “amount shall be recovered as

•arrears of land revenue” so as to bring clarity in the expression.

•49

•The Drugs and Cosmetics Act, 1940

•[Serial No. 6 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.38. Administering Ministry: Ministry of Health and Family Welfare

•[Department of Health and Family Welfare)]

2.39. Purpose of the Act: The Drugs and Cosmetics Act, 1940 is an Act to regulate the

•import, manufacture, distribution and sale of drugs and cosmetics in India. The Act prescribes

•penalties for the contraventions of various provisions prescribed in the Act.

2.40. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision as amended in the

•Bill introduced in Lok Sabha

•1 Section

•30(2)

•Whoever, having been

•convicted of an offence under

SECTION Section 152

Untitled Section

•section 29 is again convicted

•of an offence under the same

•section shall be punishable

•with imprisonment which may

•extend to two years, or with

•fine which shall not be less

•than ten thousand rupees or

•with both.

•Whoever, having been convicted

•of an offence under section 29 is

•again convicted of an offence

•under the same section, shall be

•punishable with fine which shall

•not be less than five lakh

rupees.

•2 Section 32B

(1)

•Notwithstanding anything

•contained in the Code of

•Criminal Procedure, 1973, (2

•of 1974) any offence

•punishable under clause (b)

•of sub -section (1) of section

•13, section 28 and section

•28A o f this Act (whether

•committed by a company or

•any officer thereof), not being

•an offence punishable with

•imprisonment only, or with

•imprisonment and also with

•fine, may, either before or

•after the institution of any

•prosecution, be compounded

•by the Central Government or

•by any State Government or

•any officer authorised in this

•behalf by the Central

•Government or a State

•Government, on payment for

•Notwithstanding anythi ng

•contained in the Code of Criminal

•Procedure, 1973, (2 of 1974) any

•offence punishable under clause

(b)of sub -section (1) of section

•13, clause (d) of section 27 and

SECTION Section 153

Untitled Section

•clause (ii) of section 27A,

SECTION Section 154

Untitled Section

•section 28 and section 28A of

•this Act (whether committed b y a

•company or any officer thereof),

•not being an offence punishable

•with imprisonment only, or with

•imprisonment and also with fine,

•may, either before or after the

•institution of any prosecution, be

•compounded by the Central

•Government or by any State

•Government or any officer

•authorised in this behalf by the

•Central Government or a State

•Government, on payment for

•credit to that Government of such

•50

2.41. Submissions by the Ministry:

2.41.1. The Ministry of Health and family Welfare in their background note has submitted

•the following information regarding the proposed amendments in the Act:-

•“Section 30(2) of the said Act relates to the fine to be imposed for the

•second/subsequent use of a Gover nment analyst report for the purpose of

advertising.which has inherent risk of misuse of forcing/ influencing prescriptions or

•self medication, etc. or to get the undue advantage by repeating the same offence.

•However, it is felt that the imprisonment pro vision can be removed and penalty of a

•proper fine would be appropriate to address this offence. Hence this provision is

•proposed to be decriminalized

SECTION Section 155

Untitled Section

•Section 29 deals with the fine to be imposed in case of the first time use of such a

•report for advertising. The imprisonment clause in Section 30(2) is being proposed to

•be removed and the fine increased from ten thousand rupees to upto five lakh

rupees.

SECTION Section 156

Untitled Section

•Section 32B (1) deals with compounding of offences under the Drugs and Cosmetics

Act.It is proposed to include section 27(d) and section 27A(ii) of the said Act under

•the ambit of compounding by inserting them in Section 32B(1).

SECTION Section 157

Untitled Section

•Section 27(d) deals with the manufacture, sale etc of drugs in contraventions of the

•provisions of this Act (other than spurious, adulterated or without a valid license).

SECTION Section 158

Untitled Section

•Section 27A (ii) deals with the manufacture, sale etc of cosmetics in contraventions

•of the provisions of this Act (other than spurious or adulterated cosmetics).

•Both the section are related to quality failure. It is felt that the enhanced penalty and

•prescribing compounding mechanism in rules would be appropriate to address this

offence.Hence thi s provision is proposed to be made compoundable and

•decriminalized to that extent accordingly.”

•credit to that Government of

•such sum as that

•Government may, by rules

•made in this behalf, specify:

•Provided that such sum shall

•not, in any case, exceed the

•maximum amount of the fine

•which may be imposed under

•this Act for the offence so

•compounded:

•Provided further that in cases

•of subsequent offences, the

•same shall not be

compoundable.

•sum as that Government may, by

•rules made in this behalf, specify:

•Provided that such sum shall not,

•in any case, exceed the

•maximum amount of the fine

•which may be imposed under this

•Act for the offence so

•compounded:

•Provided further that in cases of

•subsequent offences, the same

•shall not be compoundable.

•51

2.42. Discussion in the sitting of the Committee:

2.42.1. In this regard, the Secretary, Department of Health and Family Welfare, during

•the sitting of the Committee on 7.2.2023, deposed before the Committee as under:

•“…………The amendments are proposed in Sections 32, 27(d), 27A(ii) Section 32

•deals with penalty for subsequent offences. The proposal is that there was an

•imprisonment provision, which could extend to two years, which has been removed.

•There was also a pro vision for fine. In the original Act, the fine was up to Rs.10,000

•or with both, that is imprisonment as well as Rs. 10,000 fine. The fine has now been

•increased to not less than Rs. 5 lakh. So, from Rs. 10,000 it has become not less

•than Rs. 5 lakh, and up to two years imprisonment clause has been removed.

SECTION Section 159

Untitled Section

•Section 27(d) deals with penalty for manufacture, sale, etc. of certain drugs

•other than drugs, which are spurious or adulterated. Here also, there was a provision

•of imprisonment for a term, which shal l not be less than one year but may extend to

•two years. Similarly, in Section 27A (ii) provision there is penalty for manufacture,

•sale, etc. of cosmetics. It is a similar as Section 27(d), which focuses on drugs and

SECTION Section 16

Untitled Section

13.Shri Gaurav Gogoi

SECTION Section 160

Untitled Section

•Section 27A(ii), which focuses on cosm etics. Here, it was imprisonment up to one

year.So, in both Sections 27(d) as well as 27A(ii) the provision of imprisonment has

•been removed and compounding of offences has been included.”

2.42.2. The Committee wanted to know whether Section 32B provides for compounding

•of offences. The Secretary, D/o Health & Family Welfare, stated that Section 32(B) being an

•omnibus section refers to section 13, 28 and 28(A) of this Act. And to this two more

•sections 27 (d) and 27(A) (ii) have been added.

2.42.3. The Committee in this connection wished to know about the rationale for

•including these two sections in Section 32B and making them compoundable, the

•representatives of the Ministry replied that hypothetically, nothing should be compounded as

•all offences under this act are, offences against society.

2.42.4. While deliberating upon the amendments in section 30 (2), the Committee

•desired to be apprised about the rational for increasing the penalty for subsequent offence

•to Rs. 5 lakh from Rs. 5000 for first off ence under Section 29. The Committee suggested

•that to reduce this difference the amount of five thousand under section 29 may also be

•enhanced to rupees one lakh and fine maybe converted into penalty to ensure

•administrative adjudication. The Committee also suggested Ministry to change heading of

SECTION Section 161

Untitled Section

•Section 29 and use the word ‘punishment’ in it.

2.42.5. The Committee asked Ministry to use word `punishment’ in place of ‘penalty’ in

•respect of sections 13, 27, 27A, 28, 28A, 28B, 29, 30 and 33(i) and 33J and also elsewhere,

•where the change is required in the Act, after checking its consequential effect.

2.43. Suggestions by the Committee:

2.43.1. After detailed discussions and clarifications on the amendments proposed to be

•made in the Act, the Committee decided to consider, inter alia, the following modifications to

•52

•the amendments proposed to the Drugs and Cosmetics Act, 1940, specified at Serial No. 6

•of the Schedule to the Bill, during Clause-by-Clause consideration:

SECTION Section 162

Untitled Section

•Section 29 : Fine to be increased from Rs. 5000 to Rs. 1 lakh

SECTION Section 163

Untitled Section

•Section 13(3) 27, 27A, 28, 28A, 28B, 29, 30 and 33 (1): Word `penalty’ to be

•substituted by `punishment’.

•Substitution of the word may be carried out in other sections after checking its

•consequential effect.

•53

•The Public Debt Act, 1944

•[Serial No. 7 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.44. Administering Ministry: Ministry of Finance

•[Department of Economic Affairs]

2.45. Purpose of the Act: To consolidate and amend the law relating to Government

•securities and to the management by the Reserve Bank of India of the public debt of the

Government.The Public Debt Act, 1944 applies to Government securities, created and

•issued by the Central Government or a State Government. As per the Act , a “Government

•security” means – (A) a security, created and issued, by the Government for raising a public

•loan, and having one of the following forms, namely, (i) Stock, (ii) a promissory note payable

•to bearer and (iii) a form prescribed in this behalf ; (B) any other security created and issued

•by the Government in such form and for such of the purposes of this Act as may be

prescribed.

2.45.1. In 2006, the Government enacted the Government Securities Act, 2006 to

•consolidate and amend the law relating to Government securities and its management by

•the Reserve Bank of India and for matters connected therewith or incidental thereto. Section

•1(2) of the Government Securities Act, 2006 states that it applies to the Government

•securities created and issued, whether before or after the commencement of this Act, by the

•Central Government or a State Government. Further, 31(1) of the Government Securities

•Act, 2006 provides that the Public Debt Act, 1944 shall cease to apply to the Government

•securities to whic h Government Securities Act, 2006 is applicable and to all matters for

•which provisions have been made by this Act.

2.46. Amendments proposed to the Act

Sl.

No.

•Section Existing Provision Provision, as amended in the

•Bill introduced in Lok Sabha

SECTION Section 164

Untitled Section

1.Section 27

Penalty.—(1) If any person, for the

•purpose of obtaining for himself or for

•any other person any title to a

•Government security, makes to any

•authority under this Act in any

•application made under this Act or in

•the course of any inquiry undert aken in

•pursuance of this Act any statement

•which is false and which he either

•knows to be false or does not believe

•to be true, he shall be punishable with

•imprisonment for a term which may

•extend to six months, or with fine or

•with both.

(2)No Court sh all take cognizance of

•any offence under sub -section (1)

•except on the complaint of the Bank.

•Proposed for omission in the

•Bill, as introduced.

•54

2.47. Submission by the Ministry:

•The Department of Economic Affairs has proposed to omit sub -section (1) of Section

•27 of the Public Debt Act, 1944 and in consequence thereto sub -section (2) of Section 27 of

•the Act. In their background note, the Department has given the following rationale for

•omitting the said Section:

(i)The existing Public Debt Act, 1944 doe sn't explicitly mention the quantum of fine in

•the Act. Besides, the Public Debt Act, 1944 coexists with the Government

•Securities Act, 2006, for the Government Securities Act, 2006 was not adopted by

•the erstwhile state of Jammu and Kashmir.

•(ii) Currently, the proposed amendment will not affect any stakeholder as the Public

•Debt Act, 1944 co -exists with the Government Securities Act, 2006 just for the

•erstwhile state of Jammu and Kashmir. However, post -enactment of the Jammu

•and Kashmir Reorganisation Act, 2019, the State of Jammu & Kashmir was

•reorganised into two separate Union Territories and, thus, the process of repealing

•the Public Debt Act, 1944 is underway thereby making Government Securities Act,

•2006 applicable to all states and UTs.

•(iii) As confirmed by the Reserve Bank of India, there has not been any instance of

•invocation of Section 27 of Public Debt Act, 1944.

2.48. Discussion in the sitting of the Committee:

•During the sitting held on 6 thFebruary, 2023, the Committee discussed the proposal

•of the Department of Economic Affairs with the representatives of the Department. The

•Department briefed the Committee on the proposed amendment regarding omission of

SECTION Section 165

Untitled Section

•Section 27 of the Public Debt Act, 1944.

2.49. Suggestions by the Committee:

2.49.1. After the briefing by the Ministry on the proposed omission of Section 27 of the

•Act, the Committee agreed, in principle, with the amendment proposed to the Public Debt

•Act, 1944, specified at Sr. No. 7 of the Schedule to the Bill and decided to consider t he

•suggestions, if required, during clause-by-clause consideration of the Bill.

•55

•The Rubber Act, 1947

•[Serial No. 8 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.50. Administering Ministry: Ministry of Commerce & Industry

•[Department of Commerce]

2.51. Purpose of the Act: The Rubber Act 1947 provides for the development [under

•the control of the Union] of the rubber industry. The Act provides for the constitution of a

•Board for the overall promotion and development of the rubber sector under government’s

•guidance and control. The Rubber Act also provided that the government must maintain

•control over rubber production for any unexpected exigencies.

2.52. Amendments proposed in the Act:

Sl.

No.

•Section Existing Provision Provisions as amended in

•the Bill introduced in Lok

•Sabha

•1 Section

•11(3)

•If any person contravenes any

•order made under sub -section

(1), he shall, without prejudice

•to any confiscation or penalty

•to which he may be

•liable under the provisions of

•the Sea Customs Act, 1878, as

•applied by sub -section (2), be

•punishable with imprisonment

•for a term which may extend to

•one year or with fine or with

both.

•If any person contravenes

•any order made under sub -

•section (1), (of Section 11) he

•shall, without prejudice t o any

•confiscation or penalty to

•which he may be liable under

•the provisions of the Sea

•Customs Act, 1878, as applied

•by sub -section (2), be

•punishable with penalty

•which may extend to one

•lakh rupees or cancellation

•of licence issued under

SECTION Section 166

Untitled Section

•Section 14, or with both.

•2 Section

•13(3)

•If any person buys or sells, or

•agrees to buy or sell, rubber at

•a price which is more than the

•maximum price, or less than the

•minimum price, fixed under

•sub- section (1) in that behalf,

•he shall be punishable with

•imprisonment for a term which

•may extend to one year, or with

•fine, or with both.

•Proposed for omission in the

•Bill, as introduced.

•3 Section

•26(1)

•If any person--

(a)contravenes any provision

•of this Act, other than section

•11 or section 13, or any rule

•made under this Act, or

•If any person--

(a)contravenes any provision

•of this Act, other than section

•11 or section 13, or any rule

•made under this Act, or

•56

(b)in any report or return to

•be furnished under this Act,

•makes any statement which is

•false and which he knows to

•be false or does not believe to

•be true, or

(c)obstructs any officer of

•the Board in the discharge of

•any duty imposed on or

•entrusted to him by or

•under this Act, or

(d)having the control or

•custody of any account book

•or other record, fails to

•produce such book or

•record when required by any

•authorized officer to do so, he

•shall be pu nishable with

•imprisonment for a term which

•may extend to one year, or

•with fine which may extend to

•five thousand rupees, or with

both.

(b)in any report or return to

•be furnished under this Act,

•makes any statement which

•is false and which he knows

•to be false or does not

•believe to be true, or

(c)obstructs any officer of

•the Board in the discharge

•of any duty i mposed on or

•entrusted to him by or

•under this Act, or

(d)having the control or

•custody of any account book

•or other record, fails to

•produce such book or

•record when required by any

•authorized officer to do so, he

•shall be liable to pay penalty

•which may extend to fifty

•thousand rupees.

2.53. Submissions by the Ministry:

2.53.1. Elaborating on the need for the proposed amendments, t he Ministry in their

•background note have submitted as under:

•“The Rubber Act 1947 provides for the constitution of a Board for the overall

•promotion and development of the rubber sector under government’s guidance and

control.The Rubber Act also provided that the government must maintain control

•over rubber producti on for any unexpected exigencies. Rubber Act, 1947 had

•provisions prescribing criminal penalties for offenses under the Act. Section 11, 13

•and 26 stipulates criminal penalty for contravention of provisions under various

•Sections of the Act.

•i) Sub section (3) of Section 11 stipulates the criminal penalty for contravening

•any order issued by the Central Government on prohibiting, restricting or

•otherwise controlling the import or export of rubber.

•ii) Sub section (3) of Section 13 stipulates the criminal penalty for

•contravention of Section 13 (1) relating to control of price – maximum or

•minimum of rubber and

•iii) Section 26 stipulates criminal penalty for contravention of any provision of

•Rubber Ac t other than Section 11 or Section 13 or for making a false

•statement or for obstructing any Officer of the Board in the discharge of his

•duties or for failure to produce books and records.

•57

•The criminal provisions were enacted during a period when restriction and

•regulation were the key words. Currently, there is a felt need to decriminalize the

•contravention of provisions under the Rubber Act, with a view to facilitate ease of

•doing business and to enable trade and commerce in rubber in a liberalized

environment.

•Accordingly, amendments have been proposed, vide Sl. No 8 of the Jan

•Vishwas (Amendment of Provisions) Bill, 2022, to provisions under Section 11,13 and

•26 of Rubber Act, 1947. T he jail term and fine provided under Section 11(3) is

•proposed to be substituted with penalty which may extend one lakh rupees or

•cancellation of licence issued under Section 14 or both. The jail term and fine in

SECTION Section 167

Untitled Section

•Section 26(1)(d) is proposed to be substitu ted with penalty which may extend to fifty

•thousand rupees. Also, Section 13 of the Rubber Act, which prescribed punishment

•of imprisonment for contravention of Section 13(1) of the Act (relating to power to fix

•maximum and minimum prices for sale of rubbe r), has been proposed for deletion,

•aiming at de-regulation and trade facilitation.

•The stakeholders benefitted by the amendments are rubber dealers,

•processors and manufacturers. Decimalization of the provisions in the existing Act

•will facilitate eas e of doing business and provide fair & equitable benefits to all

•stakeholders, thereby ensuring that Rubber Board acts as a facilitator rather than

•regulator of the sector and promotes faster growth and development of rubber

•industry in a liberalized envir onment. An approximate number of rubber dealers,

•processors and manufacturers who will be benefitted are 8,200, 110 and 4,500,

respectively.”

2.54. Suggestions by the Committee:

2.54.1. After briefing by the representatives of the Ministry and clarifications on the

•amendments proposed to be made in the Act, the Committee decided to consider, inter alia,

•the following modification to the amendments proposed to the Rubber Act, 1947, specifi ed

•at Serial No. 8 of the Schedule to the Bill, during Clause-by-Clause consideration:

SECTION Section 168

Untitled Section

•Section 26: An adjudication mechanism with appellate provisions may be provided

•for penalties in the proposed provisions.

•58

•The Pharmacy Act, 1948

•[Serial No. 9 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.55. Administering Ministry: Ministry of Health and Family Welfare

•[Department of Health and Family Welfare)]

2.56. Purpose of the Act: The Pharmacy Act, 1948 was enacted to regulate the

•profession of pharmacy. Whereas it is expedient to make better provision for the regulation of

•the profession and practice of pharmacy and for that purpose to constitute Pharmacy Councils.

2.56.1. Pharmacy Council of India regulates pharmacy education by prescribing the

•minimum qualification for registration as a pharmacist to practice the pharmacy profession.

2.57. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision as amended in the Bill

•introduced in Lok Sabha

•1 Section

•26A (3)

•Any person willfully obstructing

•an Inspector in the exercise of

•the powers conferred on him by

•or under this Act or any rules

•made thereunder shall be

•punishable with imprisonment

•for a term which may extend to

•six months, or with fine not

•exceeding one thousand

•rupees, or with both.

•Any person wilfully obstructing an

•Inspector in the exercise of the powers

•conferred on him by or under this Act

•or any rules made thereunder shall be

•punishable on first conviction with

•fine which may extend to one lakh

•rupees and on subsequent

•conviction with fine not exceeding

•two lakh rupees.

•2 Section

•41 (1)

•If any person whose name is not

•for the time being entered into

•the register of the State falsely

•pretends that it is so entered or

•uses in connection with his

•name or title any words or

•letters reasonably calculated to

•suggest that his name is so

•entered, he shall be punishable

•on first conviction with

•fine which may extend to five

•hundred rupees an d on any

•subsequent conviction with

•imprisonment extending to six

•months or with fine not

•exceeding one thousand rupees

•or with both:

•Provided that it shall be a

•If any person whose name is not for

•the time being entered in the register

•of the State claims that it is so entered

•or uses in connection with his name or

•title any words or letters reasonably

•calculated to suggest that his name is

•so entered, he shall be punishable on

•first conviction with fine which may

•extend to fifty thousand rupees and on

•any subsequent conviction with fine

•not exceeding one lakh rupees:

•Provided that it shall not be an

•offence if the name of the person is

•entered in the register of another State

•and that at the time of the claim, an

•application for registration in the State

•had been made.

•59

•defense to show that the name

•of the accused is entered in the

•register of another State and

•that at the time of the alleged

•offence under this section an

•application for registration in the

•State had been made.

•3 Section

•42 (2)

•Whoever contravenes the

•provisions of sub -section (1)

•shall be punishable with

•imprisonment for a term which

•may extend to six months, or

•with fine not exceeding one

•thousand rupees or with both.

(2)Whoever contravenes the

•provisions of sub -section (1) be

•punishable with fine which may

•extend to one lakh rupees and on

•subsequent conviction with fine not

•exceeding two lakh rupees.

2.58. Submissions by the Ministry:

2.58.1. As per the information provided in their background note by the Ministry of

•Health and Family Welfare, following provisions are proposed to be amended :-

•“Section 26(3) of the said Act deals with the punishment for willfully obstructing an

•Inspector in the exercise of the powers conferred on him/her under this Act.

•Amendment has been proposed to reduce quantum of imprisonment and to enhance

•the fine.

SECTION Section 169

Untitled Section

•Section 41(1) of the said Act deals with the penalty for falsely claiming to be

registered.Amendment has been proposed to reduce quantum of imprisonment and

•to enhance the fine.

SECTION Section 17

Untitled Section

14.Adv. Dean Kuriakose

SECTION Section 170

Untitled Section

•Section 42(2) of the said Act deals with the penalty for dispensing of medical

•products by unregistered persons. Amendment has been proposed to reduce

•quantum of imprisonment and to enhance the fine.”

2.59. Discussion in the sitting of the Committee:

2.59.1. The representative, the Department of Health and Family Welfare, during the

•briefing on the proposed amendments on 7 th February, 2023, informed the Committee that

•the Pharmacy Act, 1948 being an old Act needs considerable changes. However , in this

•Bill changes have been proposed in section 26 (A) (3) and 41(1). Section 26A, deals with

•the inspection by inspectors and willfully obstructing the inspector, while he performs his

duty.The imprisonment in this section has been removed to decr iminalise it. The

•Committee suggested Ministry to convert `fine’ into `penalty’ as imprisonment has also

•been done away with.

2.59.2. The Ministry representatives informed the Committee that there would be need

•to incorporate administrative adjudicating mechanism in the Act for realising and recovering

•penalty, which is presently not there and committed to incorporate mechanism and

•provision for authority in the Act.

•60

2.59.3. As regards section 41, which pertains to a person falsely claiming his name to

•be entered in Register of the State, maintaining records of licenced pharmacists, the

•Ministry informed that imprisonment has been removed from this section.

2.59.4. The Committee suggested Ministry to replace the word `Offence’ in Section 41(1)

•and instead ‘violation’ or ‘failure’ may be used. The Committee further suggested Ministry

•to not to completely decriminalise section 41(1) and to only reduce punishment to three

•months period and increase the amount of fine.

2.59.5. On being asked, if the word ‘punishable’ could be removed in section 42(2) as

•41(1) has been partially decriminalised, the representatives, Ministry of Health apprised that

•in 42(2) imprisonment should not be removed as it is a serious offence. The Committee

•accordingly, suggested t o minimise the punishment from 6 months to 3 months and

•enhanced fine from one thousand rupees to two lakh rupees.

2.60. Suggestions by the Committee:

2.60.1. After detailed discussions, the Committee decided to consider, inter alia , the

•following suggestions to the amendments proposed to the Pharmacy Act, 1948, specified at

•Serial No. 9 of the Schedule to the Bill, if required, during Clause-by-Clause consideration:

SECTION Section 171

Untitled Section

•Section 41: (i) Imprisonment to be reduced from six to three months.

•(ii) Fine to be enhanced from Rs. One lakh to two lakh rupees.

•(iii) Word `Offence” to be substituted by `Violation’.

SECTION Section 172

Untitled Section

•Section 42(2): Imprisonment to be reduced from 6 months to 3 months and amount of

•fine to be increased from one thousand to two lakh rupees.

SECTION Section 173

Untitled Section

•Section 42(3): Consequential amendments.

•61

•The Industries (Development and Regulation) Act, 1951

•[Serial No. 10 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.61. Administering Ministry: Ministry of Commerce and Industry

•[Department for Promotion of Industry and Internal

•Trade]

2.62. Purpose of the Act: The Act provides the conceptual and legal framework for

•industrial development and regulation in India. The Act was framed to bring under Central

•control the development and regulation of a number of important industries the activities of

•which affect the economic factors which affect the country as a whole. This act was created

•initially with the purpose of regulating industries such so that there was greater focus on

•mass employment generation through sectors of large transformational consequence. The

•act continued to be amended on a small -scale over the years, in an effort to deal with the

•immediate economic issues. The Industry policy of 1991 was the most notable amendment

•in the act's history, where industrial licensing rules were struck down, opening t he door for

•stronger participation from the private sector as well as foreign investment, thus allowing

•India to start its journey of establishing its place in the world as an economic giant. It has

•undergone multiple amendments since its inception whilst still serving as a reference

•material for multiple definitions and provisions such as the constitution of the Central

•Advisory Council and Development Council.

2.63. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision, as ame nded by

•the Bill introduced in Lok

•Sabha

SECTION Section 174

Untitled Section

1.Section

•24(1)

(1)If any person contravenes or

•attempts to contravene or abets the

•contravention of—

(i)the provisions of sub -section (1)

•[or sub-section (4)] of section 10 or

•of sub -section (1) of section 11 or

•of section 11A or of sub -section (1)

•of section 13 [or of [sub -sections

(2), (2A), (2D), (2F) and (2G) of

SECTION Section 175

Untitled Section

•section 29B]], or

•(ii) any direction issued under

SECTION Section 176

Untitled Section

•section 16 or sub -section (3) of

SECTION Section 177

Untitled Section

•section 18B, or

•(iii) any order made under section

•18G, or

•(iv) any rule the contravention of

•which is made punishable under

•this section,

•he shall be punishable with

(1)If any person contravenes

•or attempts to contravene or

•abets the contravention of—

(i)the provisions of sub -section

(1)[or sub -section (4)] of

SECTION Section 178

Untitled Section

•section 10 or of sub -section (1)

•of section 11 or of section 11A

•or of sub -section (1) of section

•13 [or of [sub-sections (2), (2A),

•(2D), (2F) and (2G) of section

•29B]], or

•(ii) any direction issued under

SECTION Section 179

Untitled Section

•section 16 or sub -section (3) of

SECTION Section 18

Untitled Section

15.Shri A. Raja

SECTION Section 180

Untitled Section

•section 18B, or

•(iii) any order made under

SECTION Section 181

Untitled Section

•section 18G, or

•(iv) any rule the contra vention

•of which is made punishable

•under this section,

•62

•imprisonment which may extend to

•six months, or with fine which may

•extend to five thousand rupees, or

•with both, and, in the case of a

•continuing contravention, with an

•additional fine which may extend to

•five hundred rupees for every day

•during which such contravention

•continues after convictio n for the

•first such contravention.

•he shall be punishable with

•fine which may extend to

•twenty-five lakh rupees.

SECTION Section 182

Untitled Section

2.Section 24A Penalty for false statements. —If

•any person,—

(a)when required by this Act or by

•any order under this Act to make

•any statement or furnish any

•information, makes any statement

•or furnishes any information which

•is false in any material particular

•and which he knows or has

•reasonable cause to believe to be

•false or does not believe to be true;

•or

(b)makes any such statement as

•aforesaid in any book, account,

•record, declaration, return or other

•document which he is required by

•any order made under this Act to

•maintain or furnish;

•he shall be punisha ble with

•imprisonment which may extend to

•three months, or with fine which

•may extend to two thousand

•rupees, or with both.]

•Proposed for omission in the

•Bill, as introduced.

2.64. Submission by the Ministry:

2.64.1. The Department for Promotion of Industry and Internal Trade has proposed to

•amend Section 24 and omit Section 24A of the Industrial (Development and Regulation) Act,

SECTION Section 183

Untitled Section

1951.In their background note, the Department has stated that as per Press Note 3 of 2019

•dated 11 th September, 2019, on ly following four Industries are covered under compulsory

•licensing:

i.Cigars and Cigarettes of tobacco and manufactured tobacco substitutes.

ii.Electronic aerospace and defence equipment.

iii.Industrial Explosives.

iv.Hazardous Chemicals.

•63

2.65. Discussion in the sitting of the Committee:

2.65.1. During the sitting of the Committee held on 31 st January, 2023, the

•representatives of the Department gave their presentation on the proposed amendments

•before the Committee. They submitted the justification that the amendment proposed in

SECTION Section 184

Untitled Section

•Section 24 of the Act would lead to improvement in Ease of Doing Business by simplification

•of process, reduction in compliance burden and that too without compromising the safety

•and national security considerations. As regards omitting Section 24A of the Act, they

•submitted that omission of this obsolete penal provi sion for minor offences is being

•proposed for further facilitation of Ease of Doing Business and Ease of Living for all citizens.

•The perception of punishment by potential investors and business leads to insecurity and

•hampers investment decisions. The ab ove proposal to amend the law having punitive

•consequences to replacing with fine would retain the purpose of imposing sanctions having

•a deterrent effect on the offender.

2.65.2. The Committee discussed the proposed amendments in detail with the

•representatives of the Department. The Committee was of the opinion that to decriminalize

•the provision, it would be apt to replace ‘fine’ with ‘penalty’. The Committee also felt that

•there is a need to have adjudication and appellate mechanism to impose and recover

penalties.

2.66. Suggestions by the Committee:

2.66.1. After detailed deliberations, the Committee decided to consider inter alia the

•following suggestions/modifications t o the amendments proposed to the Industries

•(Development and Regulation) Act, 1951, specified at serial no. 10 of the Schedule to the

•Bill, during clause by clause consideration:

(i)The currently prescribed fine may be replaced with penalty.

•(ii) In case of Pe nalties, where the penalty amount is high, Adjudication and Appellate

•mechanism may be proposed and where the penalty amount is less, adjudication

•mechanism is not required.

•(iii) Whether the amendments to the Acts can have a retrospective effect.

•64

•The Cinematograph Act, 1952

•[Serial No. 11 of the Jan Vishwas (Amendment of Provisions) Bill, 2022)]

2.67. Administering Ministry: Ministry of Information and Broadcasting

2.68. Purpose of the Act: The Indian Cinematograph Act of 1952 is a law that

•governs the certification of cinematograph films for display and the regulation of

•cinematograph exhibits. The Central Board of Film Certification (CBFC) setup under the

•Cinematograph Act, 1952 performs the statutory function of certifying films for public

•exhibition under the provisions of the Cinematograph Act, 1952. The Cinematograph Act,

•1952 is read along with the Cinematograph (Certification) Rules, 1983 and the Central

•Government guidelines of 1991 are the statutes from where the CBFC derives its au thority.

•The Enforcement of Compliance to the Provisions of Cinematograph Act, 1952 is entrusted

•to State Govt.

2.69. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision as amended in the Bill

•introduced in Lok Sabha

SECTION Section 185

Untitled Section

1.Section 7(1)

•Penalties for contraventions

•of this Part.—

(1)If any person—

(a)exhibits or permits to be

•exhibited in any place—

(i)any film other than a film

•which has been certified by the

•Board as suitable for

•unrestricted public exhibition or

•for public exhibition restricted

•to adults or to members of any

•profession or any class of

•persons] and which, when

•exhibited, displays t he

•prescribed mark of the Board

•and has not been altered or

•tampered with in any way

•since such mark was affixed

•thereto,

•(ii) any film, which has been

•certified by the Board as

•suitable for public exhibition

•restricted to adults, to any

•person who is not an adult,

SECTION Section 186

Untitled Section

7.Penalties for contraventions

•of this Part.-

(1)If any person--

(a)without lawful authority (the

•burden of proving which shall be

•on such person), alters or

•tampers in any way any film

•after it has been certified, he

•shall be punishable with

•imprisonment for a term which

•may extend to three years or

•with a fine which shal l not be

•less than ten lakh rupees, or

•with both.

(b)exhibits or permits to be

•exhibited in any place, any film:

(i)which has not been certified

•by the Board;

•(ii) which, when exhibited does

•not display the prescribed mark

•of the Board;

•(iii) which, when exhibited

•displays a mark of the Board

•which has since been altered, or

•tampered with after the mark

•65

•(iia) any film which has been

•certified by the Board as

•suitable for public exhibition

•restricted to any profession or

•class of persons, to a person

•who is not a member of such

•profession or who is not a

•member of such class, or'];

(b)wit hout lawful authority

•(the burden of proving which

•shall be on him), alters or

•tampers with in any way any

•film after it has been certified,

•or

(c)fails to comply with the

•provision contained in Section

•6-A or with any order made by

•the Central Govern ment or by

•the Board in the exercise of

•any of the powers or functions

•conferred on it by this Act or

•the rules made thereunder, he

•shall be punishable with

•imprisonment for a term which

•may extend to three years, or

•with fine which may extend to

•one lakh rupees, or with both,

•and in the case of a continuing

•offence with a further fine

•which may extend to twenty

•thousand rupees for each day

•during which the offence

•continues:

•Provided that a person who

•exhibits or permits to be

•exhibited in any place a vi deo

•film in contravention of the

•provisions of sub -clause (i) of

SECTION Section 187

Untitled Section

•clause (a) shall be punishable

•with imprisonment for a term

•which shall not be less than

•three months, but which may

•extend to three years and with

•fine which shall not be less

•than twenty th ousand rupees,

•but which may extend to one

•lakh rupees, and in the case of

•has been affixed,

•he shall be punishable with

•imprisonment for a term which

•may extend to three years or

•with fine which may extend to

•ten lakh rupees, or with both

•and with a further fine which

•may extend to one lakh rupees

•for each day during which the

•offence continues;

(c)exhibits or permits to be

•exhibited in any place, a video

•film in contravention of the

•provisions of clause (a) or

SECTION Section 188

Untitled Section

•clause (b ), he shall be

•punishable with imprisonment

•for a term which may extend to

•three years or with fine which

•may extend to ten lakh rupees,

•or with both, and with a further

•fine which may extend to one

•lakh rupees for each day during

•which the offence continues;

(d)exhibits or permits to be

•exhibited any film, which has

•been certified by the Board as

•“A” within the meaning of this

•Act, to any minor, such person

•shall be liable to a penalty not

•exceeding ten thousand rupees

•per person for every such

•exhibition, levied by the

•authorised officer in the manner

•as may be prescribed;

(e)exhibits or permits to be

•exhibited any film, which has

•been certified by the Board as

•“S'' within the meaning of this

•Act, to a person who is not a

•member of such profession or

•class shall be liable to a penalty

•not exceeding ten thousand

•rupees per person for every

•such exhibition, levied by such

•authorised officer in such

•manner as may be prescribed;

•66

•a continuing offence with a

•further fine which may extend

•to twenty thousand rupees for

•each day during which the

•offence continues:

•Provided further that a court

•may, for adequa te and special

•reasons to be mentioned in the

•judgment, impose a sentence

•of imprisonment for a term of

•less than three months, or a

•fine of less than twenty

•thousand rupees:

•Provided further that

•notwithstanding anything

•contained in Section 29 of the

•Code of Criminal Procedure,

•1973 (2 of 1974), it shall be

•lawful for any Metropolitan

•Magistrate, or any Judicial

•Magistrate of the first class

•specially empowered by the

•State Government in this

•behalf, to pass a sentence of

•fine exceeding five thousand

•rupees on any person

•convicted of any offence

•punishable under this Part:

•Provided also no distributor or

•exhibitor or owner or employee

•of a cinema house shall be

•liable to punishment for

•contravention of any condition

•of endorsement of caution on a

•film as “UA” under this Part.

(f)fails to comply with the

•provision contained in Section

•6A or with any order made by

•the Central Government or by

•the Board in the exercise of any

•of the powers or functions

•conferred on it by this Act or the

•rules made thereunder, he shall

•be liable to a penalty not

•exceeding five lakh rupees,

•levied by the authorised officer

•and in such manner as may be

•prescribed:

•Provided that notwithstanding

•anything contained in Section 29 of

•the Code of Criminal Procedure,

•1973 (2 of 1974), it shall be lawful

•for any Metropolitan Magistrate, or

•any Judicial Magistrate of the First

•Class specially empowered by the

•State Government in this behalf, to

•pass a sentence of fine exceeding

•five thousand rupees on any

•person convicted of an y offence

•punishable under this Part under

SECTION Section 189

Untitled Section

•clauses (a) to (c):

•Provided further that no distributor

•or exhibitor or owner or employee

•of a cinema house shall be liable to

•punishment for contravention of

•any condition of endorsement of

•caution on that has been certified

•as “UA” under this Part.

SECTION Section 19

Untitled Section

16.Prof. Sougata Ray

SECTION Section 190

Untitled Section

2.Insertion of

•new sub -

•section (4)

•in Section 7

•Nil (4) Any person aggrieved by any

•penalty imposed under clauses (d)

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

•an appeal in such manner and to

•such appellate authority as may be

prescribed.

SECTION Section 191

Untitled Section

3.Insertion of

•new

SECTION Section 192

Untitled Section

•clauses

•after clause

(c)in

SECTION Section 193

Untitled Section

•Section 8

•(ca) the authorised officer and the

•manner of levy of penalty by him in

•terms of clauses (d) to (f) of sub -

•section (1) of section 7;

•(cb) the manner of preferring

•67

•appeal and appellate authority

•under sub-section (4) of section 7;

SECTION Section 194

Untitled Section

3.Section 14 Penalties for contravention

•of this Part.

•If the owner or person in

•charge of a cinematograph

•uses the same or allows it to

•be used, or if the owner or

•occupier of any place permits

•that place to be used in

•contravention of the provisions

•of this Part or of the rules

•made thereunder, or of the

•conditions and restrictions

•upon or subject to which any

•licence has been granted

•under this Part, he shall be

•punishable with fine which may

•extend to one thousand rupees

•and, in the case of a continuing

•offence, with a further fine

•which may extend to one

•hundred rupees for each day

•during which the offence

continues.

•Penalties for contravention of

•this Part.

•If the owner or person in c harge of

•a cinematograph uses the same or

•allows it to be used, or if the owner

•or occupier of any place permits

•that place to be used in

•contravention of the provisions of

•this Part or of the rules made

•thereunder, or of the conditions

•and restrictions up on or subject to

•which any licence has been

•granted under this Part, he shall be

•punishable with fine which may

•extend to one lakh rupees and, in

•the case of a continuing offence,

•with a further fine which may

•extend to ten thousand rupees

•for each day dur ing which the

•offence continues.

2.70. Submissions of the Ministry:

2.70.1. In their written submission to the Committee, the Ministry of I&B informed that the

•violation of the provisions of the Cinematograph Act and Rules may take place in various

forms.The penalties for contraventions of provisions of the Cinematograph Act, 1952 are

•prescribed under sections 7(1) and 14 of the Act. The Ministry of I&B has

•proposed Amendments in sections 7(1) and 14 of the Cinematograph Act, 1952 for

•decriminalization & rationalization of the penalty provisions and to make the Act consistent

•with the Government’s Ease of Doing Business policy. New clauses in section 8 are also

•proposed to be inserted to make rules for the purpose of carrying into effect the proposed

provisions.

2.70.2. The Ministry in their background note, further, stated the Sections 7(1) and 14 of

•Act, 1952 provides for Penalties their decriminalization has been formulated wherein:

•“a. In order to adhere to the Government of India’s mandate of decriminalization,

•the punishment of imprisonment has been removed and only penalties would be

•levied in cases of a) exhibition of 'A' film to non -adults; b) exhibition of 'S' film to a

•member not of such profession or class; and c) breach of section 6A re garding

•information and documents to be given to distributors and exhibitors with respect to

•certified films. However, the quantum of penalty has been increased to act as an

•effective deterrent and to make it commensurate with the times.

•68

•It has been proposed that the penalties in the above cases shall be imposed by an

•authorized officer after giving reasonable opportunity of being heard. Any person

•aggrieved by any penalty imposed, may prefer an appeal in such manner and to

•such appellate authority as may be prescribed.

b.The punishment of imprisonment has been retained keeping in mind the gravity of

•the offence in the cases of a) tampering with a film after it has been certified; and

•b) exhibition of a film or a video film in a form other than the one in which it was

•certified, i.e. with interpolations. The quantum of fine has been increased to act as

•an effective deterrent and to make it commensurate with the times.”

2.71. Discussion in the sitting of the Committee:

2.71.1. During their sitting on 9th February, 2023, the Committee was briefed by the

•representatives of Ministry of Information and Broadcasting that under section 14 amount of

•fine to be imposed on the owner or any person in charge of a cinematograph, in case of

•contravention of that pa rt of the Act has been increased from one thousand to one lakh

•rupees and in the case of a continuing offence from rupees hundred to ten thousand rupees

•each day. The Committee suggested Ministry that in case of penalties the words “penalty”

•“contravention” and “liable” may be used instead of “fine” or “punishable” to decriminalise

•the section to facilitate administrative adjudication of the contravention of the Act.

2.71.2. In view of the above, the Committee asked Ministry to bring in consequential

•changes in Section 15 as well, which provides for “Power to revoke licence” of a license

•holder, who has been convicted of an offence under section 7 or 14, as there would be no

•conviction under section 14 which has now been decriminalised. The representative,

•Ministry of Information and Broadcasting responded affirmatively, that section 7 in itself is

•providing for two categories of offences where 3 offences are of minor category i.e. 7(1) a, b

•& c.

2.71.3. The Committee asked Ministry to bring changes accor dingly, as on the basis of

•contravention, it may be penalty or it may be imprisonment, if both the things are covered

•under sections 7 and 14, then word convicted may be avoided and instead contravention

•may be used. The Ministry representatives assured the Committee to examine the matter in

•light of suggestions of the Committee to incorporate requisite changes.

2.71.4. The Ministry representatives informed the Committee that in section 7(1) (a) to (c)

•licence can be revoked in first instance; though the same is not mandatory, but power could

•be exercised. Therefore, the Ministry proposed to divide section 15 into 15(1) and 15(2) to

•include different sets of penalties under section 15 for minor offences under sub section (a)

•to(c) of Section 7(1) and diff erent penalties under subsection (d) to (f) of section 7 (1) of

SECTION Section 195

Untitled Section

•section 14.

2.71.5. The Committee, in this regard asked Ministry to carry out consequential changes

•in Section 15 as well, which had not been brought for amendments to remove the ambiguity.

•The Section provides for “Power to revoke licence” and remove the ambiguity, which does

•not differentiate in the imposition of penalty in case of minor offences and repeated offence.

•The Committee asked to include objective consideration in the section stat ing in clear

•69

•manner the extent of power to revoke licence, which could be exercised in case of first and

•repeated offence.

2.72. Suggestions by the Committee:

2.72.1. After detailed discussions, the Committee agreed, in principle, with the

•amendments proposed to the Cinematograph Act of 1952 , specified at Serial No. 11 of the

•Schedule to the Bill, and decided to consider the following suggestions, if required, during

SECTION Section 196

Untitled Section

•Clause-by-Clause consideration:

SECTION Section 197

Untitled Section

•Section 14 – The terms “penalty” “contravention” and “liable” may be substituted for

•“fine” or “Punishable”.

SECTION Section 198

Untitled Section

•Section 15 – Different set of penalties for major offences in sub sections (a) to (c) of

SECTION Section 199

Untitled Section

•Section 7(1) and for minor offences under sub sections (d) to (f) of

SECTION Section 2

Untitled Section

•Chapter I Objectives, Necessity and Scope of the Jan Vishwas

•(Amendment of Provisions) Bill, 2022

•1-11

SECTION Section 20

Untitled Section

17.Dr. Venkata Satyavathi Beesetti

SECTION Section 200

Untitled Section

•Section 7 (1) OR Section 14.

•70

•The Tea Act, 1953

•[Serial No. 12 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.73. Administering Ministry: Ministry of Commerce & Industry

•[Department of Commerce]

2.74. Purpose of the Act: The Tea Act, 1953 provides for the control by the Union of

•the Tea industry, including the control, in pursuance of the International Agreement now in

•force, of the cultivation of tea in, and of the export of tea from, India and for that purpose to

•establish a Tea Board and levy a duty of excise on tea produced in India.

2.75. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provisions as amended in the

•Bill introduced in Lok Sabha

•1 Section 38 38. Penalty for obstructing an

•officer or member of the

•Board in the discharge of his

•duties and for failure to

•produce books and records .-

•Any person who-

(a)Obstructs a member

•authorised by the Chairman in

•writing or an officer of the Board

•or a person authorised in this

•behalf by the Central Government

•or by the Board in the exercise

•of any power conferred or in the

•discharge of any duty imposed

•on him by or under this Act, or

(b)Having the control or

•custody of any account book or

•other record, fails to produce

•such book or record when

•required to do so by or under this

Act.shall be punishable with

•imprisonment which may extend

•to one year or with fine which

•may extend to one thousand

•rupees, or with both.

•Proposed to be omitted in the

•Bill, as introduced.

•2 Section 39 39. Penalty for illicit

cultivation.--Whoever knowing ly

•plants tea or causes tea to

•be planted on any land in

•contravention of section 12 shall

•be punishable with fine which

•Already Suspended in the Tea

•Act 1953 – 29 of 1953 through

•notification no S.O. 3415(E)

•dated 23.08.2021.

•Proposed to be omitted in the

•71

•may extend to one thousand

•rupees for the first offence, and

•with fine which may extend to

•five thousand rupees for any

•subsequent offence.

•Bill, as introduced.

•3 Section 40 40. Removal of tea planted

•without permission. --Where any

•person has been convicted of any

•offence under section 39, the

•convicting court may direct that

•the tea in respect of which the

•offence was committed shall be

•removed from the land within a

•specified time, and in the event

•of the order not being duly

•complied with, may cause, the

•tea to be removed an may

•recover the cost from the person

•convicted as if it were an arrears

•of land revenue due on the tea

•estate on which the offence was

•committed

•Already Suspended in the Tea

•Act 1953 – 29 of 1953

•through notification no S.O.

•3415(E) dated 23.08.2021.

•Proposed to be omitted in the

•Bill, as introduced.

•4 Section 41 Penalty for contravention of

•order relating to control of

•price and distribution.--(1) If any

•person contravenes any order

•made under sub-section (1) or

•sub-section (3) of section 30, he

•shall be punishable

•with imprisonment for a term

•which may extend to six months

•or with fine which may extend to

•five thousand rupees or with both;

•and the property in respect

•of which the order ha s been

•contravened or such part thereof

•as to the court may seem fit,

•shall be forfeited to the Central

Government.

(2)Any person who attempts to

•contravene or abets the

•contravention of any order under

•sub-section (1) or sub -section (3)

•of section 30 shall be deemed

•to have contravened that order.

•Proposed to be omitted in the

•Bill, as introduced.

•5 Section 42 42. Other penalties. --Whoever

•contravenes or attempts

•to contravenes or abets the

•contravention of the provisions of

•Proposed to be omitted in the

•Bill, as introduced.

•72

•this act or of any rules made

•thereunder other than the

•provisions, punishment for

•the contravention whereof has

•been provided for in section 36,

•37, 38, 39, and 41 shall be

•punishable with imprisonment

•which may extend to six months,

•or with fine which may exten d to

•five thousand rupees, or tight both

•and in the case of a continuing

•contravention with an additional

•fine which may extend to five

•hundred rupees for every day

•during which such contravention

•continues after conviction for the

•first such contravention

2.76. Submissions by the Ministry:

•Elaborating on the need for the proposed amendments, t he Ministry in their

•background note submitted as under:

•“The Tea Act, 1953 was enacted on 28 th May, 1953 and the Tea Board is a body

•established under Section 4 of the Act. It has been proposed to omit section 38,

•section, 39, section 40, section 41 and section 42 of the Tea Act, 1953 which

•prescribe for punishment for various offences. It is to state that section 39 and section

•40 has already been suspended vide Gazette notification no S.O. 3415(E) dated

23.8.2021.Section 38, 39, 40, 41 and 42 which prescribe imprisonment as a mode of

•punishment for minor offences were relevant at the time of enact ment of the Act.

•However, after elapse of 70 years, these penal provisions have lost their relevance.

•These sections were relevant where there was restriction on tea cultivation, export

•and quota system for tea export was prevalent. Currently, such penal provisions have

•lost their relevance and may go against the policy of ease of doing business.

•Accordingly, it has been proposed, vide Sl. No 12 of the Jan Vishwas (Amendment of

•Provisions) Bill, 2022, to omit Section 38, 39, 40, 41 and 42 of the Tea Act, 1953.

•The stakeholders benefitted by the amendments are tea planters, manufacturers, tea

•brokers, tea auctioneer, tea importers, tea warehouse owners, tea traders, and tea

buyers.The number of stakeholders who are going to be benefitted from Jan

•Vishwas (Amendment of Provisions) Bill, 2022 are as follows:

•Category of Tea stakeholders Number

•Small growers 2,29,526

•Big growers 1567

•Exporters 1970

•Importers 317

•Buyers 9524

•73

•Warehouse owners 381

•Tea Waste License holders 3645

•Brokers 20

•Bought Leaf factories 788

•Auctioneers 8

•Decriminalization of the provisions in the existing Act will facilitate ease of doing

•business and provide fair & equitable benefits to all stakeholders, thereby ensuring

•that Tea Board acts as a facilitator and promotes faster growth and development of

•tea sector, besides promoting export of tea in a liberalized environment. "

2.77. Suggestions by the Committee:

2.77.1. After the briefing by the Ministry and clarifications on the amendments p roposed

•to be made in the Tea Act, 1953, specified at serial no. 12 of the Schedule to the Bill, the

•Committee decided to consider, inter alia, the following modifications during Clause -by-

SECTION Section 201

Untitled Section

•Clause consideration:

SECTION Section 202

Untitled Section

•Section 41 : The penal provision be extended to contravention of orders also.

SECTION Section 203

Untitled Section

•Section 42 : (i) Penalties be aligned with omnibus provisions of other Boards

•(ii) For penalties in the proposed provisions an adjudication

•mechanism with appellate provisions may be provided.

•74

•The Copyright Act, 1957

•[Serial No. 13 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.78. Administering Ministry: Ministry of Commerce and Industry

•[Department for Promotion of Industry and Internal

•Trade]

2.79. Purpose of the Act: An Act to amend and consol idate the law relating to

copyright.

2.80. Amendments proposed to the Act:

Sl.

No.

•Section Existing Provision Provision, as amended in the

•Bill introduced in Lok Sabha

SECTION Section 204

Untitled Section

1.Section 68 Section 68: Penalty for making

•false statements for the purpose of

•deceiving or influencing any

•authority or officer. — Any person

•who,—

(a)with a view to deceiving any

•authority or officer in the execution

•of the provisions of this Act, or

(b)with a view to procuring or

•influencing the doing or omission of

•anything in relation to this Act or any

•matter thereunder,

•makes a false statement or

•representation knowing the same to

•be false, shall be punishable with

•imprisonment which may extend to

•one year, or with fine, or with both.

•Proposed for omission in the

•Bill, as introduced.

2.81. Submission by the Ministry:

2.81.1. The Department for Promotion of Industry and Internal Trade has proposed to

•omit Section 68 of the Copyright Act, 1957 which punishes the offence of making false

•statement or representation to deceive or influence the authority.

2.82. Discussion in the sitting of the Committee:

2.82.1. The Committee, in their sitting held on 31 stJanuary, 2023 gone through the

•presentation made by the Department and observed that that this provision is already

•covered under Section 177 of the Indian Panel Code Act, 1860, which read as under:

•75

SECTION Section 205

Untitled Section

177.Furnishing false information. Whoever, being legally bound to furnish

•information on any subject to any public servant, as such, furnishes, as true,

•information on the subject which he knows or has reason to believe to be false shall

•be punished with simple imprisonment for a term which may extend to six months, or

•with fine which may extend to one thousand rupees, or with both; or, if the information

•which he is legally bound to give respects the commission of an offence, or is

•required for the purpose of preventing the commission of an offence, or in order to

•the apprehension of an offender, with imprisonment of either description for a term

•which may extend to two years, or with fine, or with both.

2.83. Suggestions by the Committee:

•After briefing by the Department, the Committee agreed, in principle, with the

•proposal to omit Section 68of the Copyright Act, 1957, specified at serial no.13 of the

•Schedule to the Bill, and decided to consider the proposal during clause -by-clause

•consideration of the Bill.

•76

•The Merchant Shipping Act, 1958

•[Serial No. 14 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.84. Administering Ministry: Ministry of Ports Shipping and waterways

2.85. Purpose of the Act: The Merchant Shipping Act, 1958, (MS Act) aims to foster

•the development and ensure the efficient maintenance of an Indian mercantile marine in a

•manner best suited to serve national interests. For this purpose, the act provides for the

•registration, certification, safety and secur ity of Indian ships, training, certification, labour

•conditions and welfare of seafarers and matters concerning prevention of pollution from

ships.

2.86. Amendments proposed to the Act:

Sl.

No.

•Section

No.

•436(2)

•Existing Provision Provision as

•amended by the

•Bill introduced in

•Lok Sabha

Sl.No. Offences Section of

•this Act to

•which

•offence has

•reference

•Penalties Offence Penalty

•1 16 If any person

•in the case of

•any declaration

•made in the

•presence of

•or produced

•to a registrar

•under Part V

•or in any

•document or

•other evidence

•produced to

•such registrar -

(a)Wilfully

•makes or assists

•in making or

•procures to be

•made, any false

•statement

•concerning the

•title to or

•ownership of

•or the interest

•existing in any

•General Imprison-ment

•which may

•extend to six

•months, or

•fine which

•may extend to

•one thousand

•rupees, or

•both

•- Penalty

•which

•may

•extend

•to two

•lakh

rupees.

•”

•77

•ship or any

•share in a ship;

•or (b) utters,

•produces or

•makes use of

•any declaration

•or document

•containing any

•such false

•statement

•knowing the

•same to be false.

•1 29 If any owner,

•master or agent

•wilfully disobeys

•any order under

SECTION Section 206

Untitled Section

•section 115.

SECTION Section 207

Untitled Section

115.Power

•to prohibit

•engagement

•of persons

•as

seamen.―

•The Central

•Government

•or any officer

•authorised by

•it in this

•behalf, if

•satisfied that

•in the national

•interest or in

•the interests

•of seamen

•generally it is

•necessary so

•to do, may,

•by order in

•writing,

•prohibit the

•owner,

•master or

•agent of any

•ship ot her

•than an

•Indian ship

•specified in

•the order

•from

•engaging in

•India or in

•any specified

•part of India,

•any person to

•serve as a

•Imprison-ment

•which may

•extend to

•three months,

•or fine which

•may extend to

•one thousand

•rupees, or

both.

•- Penalty

•which

•may

•extend

•to

•Two

•lakh

rupees.

•78

•seaman on

•such ship.

SECTION Section 208

Untitled Section

1.35 If any person―

(a)forges or

•fraudulently

•alters any

•certificate of

•discharge or a

•certificate as to

•the work of a

•seaman or a

•continuous

•discharge

•certificate or a

•copy of any such

•certificate; or (b)

•fraudulently uses

•any certificate of

•discharge or a

•certificate as to

•the work of a

•seaman or a

•continuous

•discharge

•certificate or a

•copy of any such

•certificate which

•is forged or

•altered or does

•not belong to

him.

•General Imprison-ment

•which may

•extend to six

•months, or

•fine which

•may extend to

•five hundred

•rupees, or

both.

•- Penalty

•which

•may

•extend

•to two

•lakh

rupees.

•”

SECTION Section 209

Untitled Section

2.43 If any person

•commits a

•breach of any

•term of any

•award which is

•binding on him

•under sub -

•section (5) of

SECTION Section 21

Untitled Section

18.Shri Gajanan Chandrakant Kirtikar

SECTION Section 210

Untitled Section

•section 150

•General Imprison-ment

•which may

•extend to one

•month, or fine

•which may

•extend to one

•thousand

•rupees, or

both.

•- Penalty

•which

•may

•extend

•to two

•lakh

rupees.

•”.

SECTION Section 211

Untitled Section

3.44 If a seaman or

•an owner

•contravenes

SECTION Section 212

Untitled Section

•section 151.

SECTION Section 213

Untitled Section

151.

•Conditions

•of service,

etc., to

•remain

•unchanged

•during

•pendency of

•Imprison-ment

•which may

•extend to six

•months, or

•fine which

•may extend to

•one thousand

•rupees, o r

•- Penalty

•which

•may

•extend

•to fifty

•thousan

•d

rupees.

•79

•proceedings

•before

•tribunal―

•During the

•pendency of

•proceedings

•under

•section150 —

(a)no

•seamen or

•class of

•seamen or

•union of

•seamen shall

•go or remain

•on strike or

•otherwise act

•in a manner

•prejudicial to

•the normal

•operation of

•the ships in

•which the

•seamen are

•employed or

•are likely to

•be employed;

•and

(b)no owner

•of a ship

•shall— (i)

•alter to the

•prejudice of

•the seamen

•concerned in

•the dispute,

•the conditions

•of service

•applicable to

•them

•immediately

•before the

•commencem

•ent of such

•proceedings;

•or (ii)

•discharge or

•punish any

•seaman in

both.

•80

•respect of

•any matter

•connected

•with the

dispute.

SECTION Section 214

Untitled Section

4.57(a) If a seaman or

•apprentice ― (a)

•deserts his ship;

SECTION Section 215

Untitled Section

191.

•Desertion

•and absence

•without

leave.―(1)

•No seaman

•lawfully

•engaged and

•no

•apprentice—

(a)shall

•desert his

•ship;

•He shall be

•liable to forfeit

•all or any part

•of the property

•he leaves on

•board and of

•the wages he

•has then

•earned and

•also if the

•desertion

•takes place at

•any place not

•in India, to

•forfeit all or

•any part of the

•wages which

•he may earn

•in any other

•ship in which

•he may be

•employed until

•his next return

•to India, and

•to satisfy any

•excess of

•wages paid by

•the master or

•owner of the

•ship from

•which he

•deserts to any

•substitute

•engaged in his

•place at a

•higher rate of

•wages than

•the rate

•stipulated to

•be paid to him,

•and also to

•imprison-ment

•which may

•extend to

•three months;

•- “He

•shall be

•liable to

•forfeit

•all or

•any

•part of

•the

•propert

•y

•he

•leaves

•on

•board

•and of

•the

•wages

•he has

•then

•earned

•and

•also if

•the

•desertio

•n

•takes

•place at

•any

•place

•not in

•India, to

•forfeit

•all or

•any

•part of

•the

•wages

•which

•he may

•earn in

•another

•ship in

•which

•he may

•be

•81

•employ

•ed

•until his

•next

•return

•to India,

•and to

•satisfy

•any

•excess

•of

•wages

•paid

•by the

•master

•or

•owner

•of the

•ship

•from

•which

•he

•deserts

•to any

•substitu

•te

•engage

•d in

•his

•place at

•a

•higher

•rate of

•wages

•than

•the rate

•stipulat

•ed to

•be paid

•to

•him;”

SECTION Section 216

Untitled Section

5.57(b) (b) contravenes

SECTION Section 217

Untitled Section

•clause (b) of sub -

•section (l) of

SECTION Section 218

Untitled Section

•section 191.

SECTION Section 219

Untitled Section

191.

•Desertion

•and absence

•without

leave.(1) No

•seaman

•lawfully

•engaged and

•he shall, if the

•contravene-

•tion does not

•amount to

•desertion, be

•liable to forfeit

•out of his

•wages a sum

•- he

•shall, if

•the

•contrav

•en-tion

•does

•not

•amount

•82

•no

•apprentice—

•…

(b)shall

•neglect or

•refuse,

•without

•reasonable

•cause, to join

•the ship or to

•proceed to

•sea in his ship

•or be absent

•without leave

•at any time

•within twenty -

•four hours of

•the ship's

•sailing from a

•port either at

•the

•commenceme

•nt or during

•the progress

•of a voyage,

•or be absent

•at any time

•without leave

•and without

•sufficient

•reason from

•his ship or

•from his duty.

•not exceeding

•two day s pay

•and in addition

•for every

•twenty-four

•hours of

•absence either

•a sum not

•exceeding six

•days‟ pay or

•any expenses

•properly

•incurred in

•hiring a

•substitute and

•also to

•imprisonment

•which may

•extend to two

•months

•to

•desertio

•n, be

•liable to

•forfeit

•out of

•his

•wages

•a

•sum not

•exceedi

•ng

•two

•days

•pay and

•in

•addition

•for

•every

•twenty

•four

•hours

•of

•absenc

•e either

•a sum

•not

•exceedi

•ng six

•days’

•pay or

•any

•expens

•es

•properl

•y

•incurre

•d in

•hiring a

•substitu

te.

SECTION Section 22

Untitled Section

19.Shri Rajiv Ranjan Alias Lalan Singh

SECTION Section 220

Untitled Section

6.59(iv) If a seaman or

•apprentice is guilty

•of the offence

•specified in― (iv)

SECTION Section 221

Untitled Section

•clauses (d) and (e)

•of section 194.

SECTION Section 222

Untitled Section

194.General

•offences

•against

discipline.―

•A seaman

•lawfully

•engaged or an

•apprentice

•Imprison-ment

•which may

•extend to

•three month s,

•or fine which

•may extend to

•five hundred

•rupees, or

•If a

•seaman

•or

•apprentic

•e is guilty

•of the

•offence

•specified

•-

•83

•shall be guilty

•of an offence

•against

•discipline if he

•commits any

•of the

•following acts,

•namely: (e) if

•he combines

•with any of the

•crew to

•disobey lawful

•commands or

•to neglect

•duty or to

•impede the

•navigation of

•the ship or

•retard the

•progress of

•the voyage;

•both; in― (iv)

SECTION Section 223

Untitled Section

•clauses

(d)of

SECTION Section 226

Untitled Section

9.- - - - Sr. No.

•59 (iv a)

SECTION Section 227

Untitled Section

•clause

(e)of

SECTION Section 228

Untitled Section

•section

•194

•Impriso

•n-ment

•which

•may

•extend

•to one

•month,

•and

•also for

•every

•twenty-

•four

•hour of

•such

•dis-

•obedien

•ce

•or

•neglect

•or

•forfeitur

•e out of

•his

•wages

•of a

•sum not

•exceedi

•ng six

•84

•days’

•pay or

•any

•expens

•es,

•which

•may

•have

•been

•properl

•y

•incurre

•d in

•hiring a

•substitu

te.

SECTION Section 229

Untitled Section

10.60 If any master fails

•to comply with

SECTION Section 23

Untitled Section

20.Shri Pinaki Misra

SECTION Section 230

Untitled Section

•section 197.

SECTION Section 231

Untitled Section

197.Report

•of desertions

•and absence

•without

eave.―

•Whenever any

•seaman

•engaged

•outside India

•on an Indian

•ship deserts

•or otherwise

•absents

•himself in

•India without

•leave, the

•master of the

•ship shall,

•within for ty-

•eight hours of

•discovering

•such

•desertion or

•absence,

•report the

•same to the

•shipping

•master or to

•such other

•officer as the

•Central

•Government

•specifies in

•Imprison-ment

•which may

•extend to one

•month, or fine

•which may

•extend to one

•hundred

•rupees, or

both.

•- Penalty

•which

•may

•extend

•to one

•lakh

rupees.

•”

•85

•this behalf,

•unless in the

•meantime, the

•deserter or

•absentee

returns.

SECTION Section 232

Untitled Section

11.65 If any person goes

•to sea in a ship

•contrary to sub -

•section (1) of

SECTION Section 233

Untitled Section

•section 205.

SECTION Section 234

Untitled Section

205.

•Stowaways

•and seamen

•carried under

compulsion.―

(1)No person

•shall secrete

•himself and

•go to sea in a

•ship without

•the consent of

•either the

•owner, agent

•or master or

•of a mate, or

•of the person

•in charge of

•the ship or of

•any other

•person

•entitled to give

•that consent.

•Imprison-ment

•which may

•extend to one

•month, or fine

•which may

•extend to two

•hundred

•rupees, or

both.

•- Penalty

•which

•may

•extend

•to two

•lakh

•rupees

SECTION Section 235

Untitled Section

12.66(a) (a) If any person

•wilfully disobeys

•the prohibition

•obtained in clause

(a)of section 206;

SECTION Section 236

Untitled Section

206.

•Procedure

•where

•seaman not

•shipped in

•India is

•imprisoned

•on complaint

•of master or

owner.―If

•any seaman

•engaged

•outside India

•is imprisoned

•on complaint

•made by or on

•behalf of the

•master or

•owner of the

•ship or for any

•offence for

•Imprison-ment

•which may

•extend to

•three months,

•or fine which

•may extend to

•one thousand

•rupees; or

both.

•- Penalty

•which

•may

•extend

•to two

•lakh

•rupees

•86

•which he has

•been

•sentenced to

•imprisonment

•for a term not

•exceeding

•one month,

•then—(a)while

•such

•imprisonment

•lasts, no

•person shall,

•without the

•previous

•sanction in

•writing of the

•Central

•Government

•or of such

•officer as it

•may specify in

•this behalf,

•engage in

•India any

•person to

•serve as a

•substitute for

•such seaman

•on board the

•ship; and

SECTION Section 237

Untitled Section

13.68 If a master

•contravenes sub -

•section (1) of

SECTION Section 238

Untitled Section

•section 210.

SECTION Section 239

Untitled Section

210.Leaving

•behind in

•India of

•seaman or

•apprentice

•engaged

abroad.― (1)

•The master of

•a ship shall

•not discharge

•at any place in

•India, a

•seaman or

•apprentice

•engaged

•outside India

•unless he

•previously

•obtains the

•Imprison-ment

•which may

•extend to

•three months,

•or fine which

•may extend to

•one thousand

•rupees, or

both.

•- Penalty

•which

•may

•extend

•to fifty

•thousan

•d

rupees.

•87

•sanction in

•writing of such

•officer as the

•Central

•Government

•appoints in

•this behalf;

•but such

•sanction shall

•not be refused

•when the

•seaman or

•apprentice is

•discharged on

•the

•termination of

•his service.

SECTION Section 24

Untitled Section

21.Shri Girish Chandra

•RAJYA SABHA

SECTION Section 240

Untitled Section

14.72 If any person

•wilfully destroys or

•mutilates or

•renders illegible

•any entry in any

•official log book or

•wilfully makes

•or procures to

•be made or

•assists in making

•a false or

•fraudulent

•entry in or

•omission from an

•official log book.

•General Imprison-ment

•which may

•extend to one

•year

•Penalty

•which

•may

•extend

•to two

•lakh

rupees.

•”

SECTION Section 241

Untitled Section

15.84 If the master,

•owner or agent of

•a special trade

•passenger or

•pilgrim ship, after

•having obtained

•any of the

•certificates

•mentioned in

•Part VIII,

•fraudulently does

•or suffers to be

•done anything

•where by the

•certificate

•becomes

•inapplicable

•General Imprison-ment

•for a term

•which may

•extend to six

•months, or

•fine which

•may extend to

•two thousand

•rupees, or

•both

•- Penalty

•which

•may

•extend

•to one

•lakh

•rupees

•for the

•first

•offence

•and five

•lakh

•for

•every

•repeat

offence.

•”

•88

•to the altered

•state of the

•ship, or special

•trade passengers

•or pilgrims or

•other matters

•to which the

•certificate relates.

SECTION Section 242

Untitled Section

16.108B If an Indian

•nuclear ship, fails

•to comply with

•subsection (1) of

SECTION Section 243

Untitled Section

•section 344D.

•344D-Safety

•assessment

•and

•operating

manual.―(1)

•Every Indian

•nuclear ship

•shall have on

•board a safety

•assessment

•and an

•operating

•manual in

•such form and

•containing

•such

•particulars

•and approved

•by such

•authority as

•may be

prescribed.

(2)The safety

•assessment

•and the

•operating

•manual shall

•be prepared,

•maintained

•and kept up -

•to-date in

•such manner

•as may be

prescribed.

•The master or

•owner or

•agent shall be,

•liable to

•imprison-ment

•which may

•extend to six

•months or fine

•which may

•extend to ten

•thousand

•rupees or

both.

•- The

•master

•or

•owner

•or

•agent

•shall be

•liable to

•Penalty

•which

•may

•extend

•to five

•lakh

•rupees

•and the

•ship

•may

•also be

•detaine

d.

SECTION Section 244

Untitled Section

17.108E (a) If the master of

•a nuclear ship fails

•to give the notice

•required by sub -

•section (1) or sub -

344G.Notice

•of accidents

•to nuclear

ships.―(1)

•Where an

•Imprison-ment

•which may

•extend to one

•year or fine

•which may

•- Penalty

•which

•may

•extend

•to five

•89

•section (2) or

•subsection (5) of

SECTION Section 245

Untitled Section

•section 344G;

•Indian nuclear

•ship meets

•with an

•accident and

•such accident

•is likely to

•lead to

•environmental

•hazards, the

•master of the

•ship shall

•forthwith give

•notice of the

•accident―(a)t

•o such officer

•or authority as

•may be

•specified in

•this beha lf by

•the Central

•Government;

•and (b) if the

•ship is in or

•intends to

•enter the

•territorial

•water of a

•foreign State,

•also to the

•appropriate

•Government

•authority of

•the State.

(2)Where a

•nuclear ship

•other than an

•Indian ship

•meets with an

•accident of

•the nature

•specified in

•sub-section

(1)while she

•is in the

•territorial

•waters of, or

•at a port in,

•India, the

•master of the

•extend to ten

•thousand

•rupees or

both.

•lakh

•rupees

•and the

•ship

•may

•also be

•detaine

d.

•90

•ship shall

•forthwith give

•notice of the

•accident to

•the officer or

•authority

•specified

•under clause

(a)of sub -

•section(1).

(5)Where a

•nuclear ship

•other than an

•Indian ship

•meets with an

•accident of

•the nature

•specified in

•sub-section

(1)at any port

•or place

•outside India

•and intends to

•enter the

•territorial

•waters of

•India in a

•damaged

•condition, the

•master of

•such ship

•shall give

•notice of the

•nature of the

•accident and

•the condition

•of the ship in

•such form as

•may be

•prescribed to

•the officer or

•authority

•specified

•under clause

(a)of sub -

•section (1)

•and shall

•comply with

•such

•91

•directions as

•that officer or

•authority may

give.

(b)if the master of

•a nuclear ship fails

•to comply with any

•directions issued

•under sub -section

(3)or subsection

(5)of section

344G.

344G.Notice

•of accidents

•to nuclear

ships.― (3)

•On receipt of

•a notice under

•sub-section

(1)or sub -

•section (2),

•the officer or

•authority

•specified

•under clause

(a)of sub -

•section (1)

•shall i ssue

•such

•directions as

•he thinks

•necessary

•and expedient

•in the

•circumstances

•of the case

•and

•investigate

•into the

•causes of the

•accident in

•such manner

•as may be

prescribed.

(5)Where a

•nuclear ship

•other than an

•Indian ship

•meets with an

•accident of

•the nature

•specified in

•sub-section

(1)at any port

•or place

•outside India

•Imprison-ment

•which may

•extend to one

•year or fine

•which may

•extend to ten

•thousand

•rupees or

both.

•- Penalty

•which

•may

•extend

•to five

•lakh

•rupees

•and the

•ship

•may

•also be

•detaine

d.”

•92

•and intends to

•enter the

•territorial

•waters of

•India in a

•damaged

•condition, the

•master of

•such ship

•shall give

•notice of the

•nature of the

•accident and

•the condition

•of the ship in

•such form as

•may be

•prescribed to

•the officer or

•authority

•specified

•under clause

(a)of sub -

•section (1)

•and shall

•comply with

•such

•directions as

•that officer or

•authority may

give.

SECTION Section 246

Untitled Section

18.109 If a master or

•person in charge

•of a ship fails,

•without reasonable

•cause to comply

•with section 348.

SECTION Section 247

Untitled Section

348.Duty of

•master of

•ship to assist

•in case of

collision.―In

•every case of

•collision

•between two

•ships it shall

•be the duty of

•the master or

•person in

•charge of

•each ship, if

•and so far as

•he can do so

•without

•danger to his

•Imprison-ment

•which may

•extend to

•three months

•or fine which

•may extend to

•three

•thousand

•rupees, or

both.

•- Penalty

•which

•may

•extend

•to five

•lakh

rupees.

•93

•own ship,

•crew and

•passengers, if

•any―(a) to

•render to the

•other ship, her

•master, crew

•and

•passengers, if

•any, such

•assistance as

•may be

•practicable

•and may be

•necessary to

•save them

•from any

•danger

•caused by the

•collision and

•to stay by the

•other ship

•until he has

•ascertained

•that she has

•no need of

•further

•assistance,

•and(b)to give

•to the masters

•or persons in -

•charge of the

•other ships

•the name of

•his own ship

•and of the port

•to which she

•belongs and

•also the

•names of the

•ports from

•which she

•comes and to

•which she is

•bound

SECTION Section 248

Untitled Section

19.115D

•(ii)

•(ii) If any person

•wilfully destroys or

•mutilates or

•renders illegible or

356F.Record

books.―(1)

•Every Indian

•oil tanker or

•The offender

•shall be liable

•to penalty of

•imprisonment

•the

•offende

•r shall

•be

•94

•prevents the

•making of any

•entry in the oil

•record book or

•makes or causes

•to be made a false

•entry in such book

•in contravention of

•any rule made

•under section

356F.

•other Indian

•ship which

•carries a

•substance

•subject to

•control by the

•Convention

•shall maintain,

•as may be

•required,

•record books

•in the

•prescribed

•forms, on

•board the oil

•tanker or

•other ship.

(2)The

•manner in

•which record

•books shall be

•maintained,

•the nature of

•entries to be

•made therein,

•the custody

•and disposal

•thereof, and

•all other

•matters

•relating

•thereto shall

•be such as

•may be

•prescribed

•having regard

•to the

•provisions of

•the

Convention.

•which may

•extend to six

•months or

•fine” which

•may extend to

•ten thousand

•rupees or

both.

•liable to

•Penalty

•which

•may

•extend

•to fifty

•thousan

•d

rupees.

SECTION Section 249

Untitled Section

20.133 If any person

•contravenes

•any of the

•provisions of

SECTION Section 25

Untitled Section

22.Shri Ghanshyam Tiwari

SECTION Section 250

Untitled Section

•section 428

SECTION Section 251

Untitled Section

428.

•Fraudulent

•use of

•certificate of

•registry or

•certificate of

•inspection,

etc.

prohibited.(1)

•No person

•Imprison-ment

•which may

•extend to

•three months,

•or fine which

•may extend to

•two hundred

•rupees, or

•both

•-

•Penalty

•which

•may

•extend

•to one

•lakh

•rupees

•and the

•vessel

•may

•95

•shall use or

•attempt to use

•the certificate

•of

•registry or the

•certificate of

•inspection

•granted in

•respect of a

•sailing vessel

•for

•any purpose

•other than the

•lawful

•navigation of

•the vessel. (2)

•No person

•shall use or

•attempt to use

•for the

•navigation of

•a

•sailing vessel

•a

•certificate of

•registry or a

•certificate of

•inspection not

•granted in

•respect of that

vessel.

(3)No person

•who has in his

•possession or

•under his

•control

•the certificate

•of

•registry or the

•certificate of

•inspection of a

•sailing vessel

•shall refuse or

•omit without

•reasonable

•cause to

•deliver such

•certificate on

•demand to the

•owner of the

•also be

•detaine

d.”

•96

vessel.

SECTION Section 252

Untitled Section

21.135 If the owner or

•tindal fails to

•comply with sub -

•section (1) of

SECTION Section 253

Untitled Section

•section 430.

430.Inquiry

•into jettisoning

•of cargo.―(1)

•If any owner

•or tindal of a

•sailing vessel

•in the course

•of her voyage,

•has jettisoned

•or claims to

•have

•jettisoned the

•whole or any

•part of the

•cargo of the

•vessel on

•account of

•abnormal

•weather

•conditions or

•for any other

•reason, he

•shall

•immediately

•after arrival of

•the vessel at

•any port in

•India give

•notice of such

•jettisoning to

•the proper

•officer at such

•port; and such

•notice shall

•contain full

•particulars of

•the cargo

•jettisoned and

•the

•circumstances

•under which

•such

•jettisoning

•took place.

•Imprison-ment

•which may

•extend to

•three months,

•or fin e which

•may extend to

•two hundred

•rupees, or

both.

•Penalty

•which

•may

•extend

•to fifty

•thousan

•d

rupees.

•”

SECTION Section 254

Untitled Section

22.137 If the owner fails to

•comply with sub -

•section (1) of

SECTION Section 255

Untitled Section

•section 434-A

434A.

•Insurance of

•members of

•crew of a

•Imprison-ment

•which may

•extend to six

•months or fine

•Penalty

•which

•may

•extend

•97

•sailing

vessel.―(1)

•Subject to the

•other

•provisions of

•this section

•and the

•scheme

•framed under

•sub-section

(3), the owner

•of every

•sailing vessel

•shall take and

•keep in force,

•in accordance

•with the

•provisions of

•the said

•scheme, a

•policy of

•insurance

•whereby all

•the members

•of the crew of

•such vessel

•are insured

•against death

•or personal

•injury caused

•by accident in

•the course of

•employment

•as such

•members

•which may

•extend to five

•thousand

•rupees, or

both.

•to on e

•lakh

•rupees

•and the

•vessel

•may

•also be

•detaine

d.”

SECTION Section 256

Untitled Section

23.137J If any person

•contravenes

•the provisions

•of section 435S

435S.

•Fraudulent

•use of

•certificate of

•registry or

•certificate of

•inspection,

etc.,

prohibited.-

(1)No person

•shall use or

•attempt to use

•the certificate

•of

•registry or the

•The offender

•shall be liable

•to imprison -

•ment which

•may extend to

•three months

•or fine which

•may extend to

•two hundred

•rupees, or

•both

•Penalty

•which

•may

•extend

•to one

•lakh

•rupees

•and

•the

•vessel

•may

•also be

•detaine

•d

•98

•certificate of

•inspection

•granted in

•respect of an

•Indian fishing

•boat for any

•purpose

•other than the

•lawful

•operation of

•that fishing

boat.

(2)No person

•shall use or

•attempt to use

•for the

•operation of

•an Indian

•fishing boat, a

•certificate of

•registry or a

•certificate of

•inspection not

•granted in

•respect of that

•fishing boat.

(3)No person

•who has in his

•possession or

•under his

•control

•the certificate

•of

•registry or the

•certificate of

•inspection of

•an

•Indian fishing

•boat shall

•refuse or omit

•without

•reasonable

•cause to

•deliver

•such

•certificate on

•demand to the

•owner of the

•fishing boat.

•99

SECTION Section 257

Untitled Section

24.436

(3)

(3)The penalty

•prescribed for the

•contravention of

•any provision of this

•Act shall be

•imposed by the

•Principal Officer of

•the Mercantile

•Marine Department:

•Provided that no

•penalty under this

•Section shall be

•imposed unless the

•Parties have been

•given a reasonable

•opportunity of being

heard.

SECTION Section 258

Untitled Section

25.436

(4)

(4)Any person

•aggrieved by an

•order of the

•Principal Officer

•under sub -section

(3), may, within a

•period of thirty days

•from the date of

•receipt of such

•order, prefer an

•appeal before the

•Director-General in

•such form and

•manner as the

•Central

•Government may

prescribe.

SECTION Section 259

Untitled Section

26.436

(5)

(5)The Director -

•General may, after

•giving the parties

•an opportunity of

•being heard, within

•a period of thirty

•days from the date

•of receipt of the

•appeal under sub -

•section (4), pass

•appropriate order.

SECTION Section 26

Untitled Section

23.Shri G.V.L. Narasimha Rao

SECTION Section 260

Untitled Section

27.436

(6)

(6)Any

•contravention of the

•provisions of this

•Act for which

•100

•penalty has been

•prescribed may be

•compounded for

•the first

•contravention by

•the Principal Officer

•or such other

•Officer as may be

•notified by the

•Central

•Government in this

•behalf:

•Provided tha t

•where any such

•contravention has

•been compounded,

•the sum shall not,

•in any case, exceed

•the maximum

•amount of the

•penalty which may

•be imposed for

•such contravention.

SECTION Section 261

Untitled Section

28.Inserti

•on

•436A

•After section 436,

•the following

•section shall be

•inserted, namely:-

•“436A. Power to

•make rules.―The

•Central

•Government may,

•subject to the

•condition of

•previous

•publication, make

•rules prescribing

•form and manner of

•appeal against the

•order of Principal

•Officer of the

•Mercantile Marine

•Department under

•sub-section (4) of

SECTION Section 262

Untitled Section

•section 436.”

2.87. Submissions by the Ministry:

2.87.1. The representative, Ministry of Ports, Shipping and Waterways during the

sittingdated09.02.2023 briefed the Committee about the method followed by the Ministry in

•reviewing the provisions for decriminalization as stated below:

•101

•“Under this exercise of decriminalizing of minor offences, we have done an

•extensive review and stakeholders’ consultation. The DG (Shipping) who is regulator

•of the shipping has done these provisions. Firstly, they placed it on website for 30

•days and thereafter it was followed by stakeholder consultation whereby several

•associations of ship owners, operators, charter ship managers, seafarer unions,

•maritime education, training, recognized organizations, law universities and maritime

•lawyers and other bodies were consulted.…”

2.87.2. The administrative Ministry in their background note informed that under Jan

•Vishwas Bill, the Ministry has identified 23 entries at penalty Table given under sub -section

(2)of Section 436 (i.e. serial Nos. 16, 29, 35, 43, 44, 57a, 57b, 59(iv), 60, 65, 66a, 68, 72,

•84,108B, 108E (a), 108E(b), 109, 115D(ii), 133,135, 137 and 137J) for decriminalisation and

rationalisation.

2.88. Discussion in the sitting of the Committee:

2.88.1. While deliberating upon the proposed amendments in Section 108 of the

•Merchant Shipping Act, 1958, the Committee sought to understand the rationale behind

•decriminalizing Section 108 which deals with a serious offence where if the master of a

•nuclear ship fails to comply with any directions issued under sub -section (3) or sub -section

(5)of section 344G , the Secretary, Ministry of Ports, Shipping and Waterways responded

•that as the act has not been done with criminal intent, the same has been decriminalized.

2.88.2. The Committee raised concern at small amount of Rs. 5 Lakh penalty to be paid

•by any defaulting accidental nuclear ship as failure in this regard could have devastating

•impact on the environment and humankind. The committee enquired if the amount c ould be

•doubled to Rs. 10 Lakh, to have a greater deterrence, the Secretary, Ministry of Ports,

•Shipping and Waterways responded as under:-

•“सर , वैसे ही एक्सीडेंट हो गया और वह डैमेज्ड है, तो we feel five lakh rupees as fine is

okay.कफर भी आप कहें कक इसको िढ़ाना है तो।”

2.88.3. The Committee found the justifications of the Ministry not cogent enough and

•accordingly suggested to either retain the original Section or consider increase in the

•penalty to rupees ten lakhs.

2.89. Suggestions by the Committee:

2.89.1. After detailed discussions the Committee agreed in principle, with the

•amendments proposed to the Merchant Shipping Act, 1898, specified at Serial No.14of the

•Schedule to the Bill. However, in view of serious consequences which may arise in case of

•failure under section 108E(a) and (b) the Committee decided to consider, inter alia, the

•following modifications during Clause-by-Clause consideration:

SECTION Section 263

Untitled Section

•Section 108E(a): Either retain the provision or increase penalty to ten lakh rupees

SECTION Section 264

Untitled Section

•Section 108E(b): Either retain the provision or increase penalty to ten lakh rupees

•102

•The Deposit Insurance and Credit Guarantee Corporation Act, 1961

•[Serial No. 15 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.90. Administering Ministry: Ministry of Finance

•[Department of Financial Services]

2.91. Purpose of the Act: The Deposit Insurance and Credit Guarantee Corporation

•Act, 1961 provides for the establishment of a Corporation for the purpose of insurance of all

•bank deposits and guaranteeing of credit facilities and for other matters connected therewith

•or incidental thereto. The Deposit Insurance and Credit Guarantee Corporation General

•Regulations, 1961 have been framed by the Reserve Bank of India in exercise of the powers

•conferred by sub -section (3) of Section 50 of the said Act. The Corporation maintains the

•following Funds:

(i)Deposit Insurance Fund

•(ii) Credit Guarantee Fund

•(iii) General Fund.

2.91.1. The first two funds are funded respectively by the insurance premia and

•guarantee fees received and are utilised for settlement of the respective claims. The

•General Fund is utilised for meeting the establishment and administrative expenses of the

Corporation.The surplus balances in all the three Funds are invested in Central

•Government securities which is the only investment permissible under the Deposit

•Insurance and Credit Guarantee Corporation Act, 1961 and the income derived out of such

•investments is credited to the respective Funds. Inter -Fund transfer is permissible and if

•there is a shortfall in one of the Funds, it is made good by transfer from either of the other

•two Funds.

2.92. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision, as amended in the Bill

•introduced in Lok Sabha

SECTION Section 265

Untitled Section

1.Section 47:

•Penalties

(2)If any person fails to produce

•any book, account or other

•document, or to furnish any

•statement or information which

•under the provisions of this Act,

•it is his duty to produce or

•furnish, he shall be punishable

•with a fine which may extend t o

•two thousand rupees in respect

•of each offence and in the case

•of a continuing failure, with an

•additional fine which may extend

•to one hundred rupees for every

•day during which the failure

•continues after conviction for the

•first such failure.

(2)If a ny person fails to produce

•any book, account or other

•document, or to furnish any

•statement or information which

•under the provisions of this Act, it is

•his duty to produce or furnish, he

•shall be liable to a penalty which

•may extend to one lakh fifty

•thousand rupees in respect of

•each offence and in the case of a

•continuing failure, with an additional

•penalty which may extend to seven

•thousand five hundred rupees for

•every day during which the failure

•continues after the first such failure.

•103

•Insertion of

•new sub -

•sections

(3), (4) and

(5)to

SECTION Section 266

Untitled Section

•Section 47

•Nil

(3)For the purpose of adjudging the

•penalty under sub -section (2), the

•Corporation shall serve notice on

•the person requiring it to show

•cause why the amount specified in

•the notice should not be impo sed

•and a reasonable opportunity of

•being heard shall also be given to

•such person.

(4)Any penalty imposed by the

•Corporation under this section shall

•be payable within a period of

•fourteen days from the date on

•which notice issued by the

•Corporation demanding payment of

•the sum is served on the person

•and in the event of failure of the

•person to pay the sum within such

•period, may be levied on a direction

•made by the principal civil court

•having jurisdiction in the area where

•the person is situated:

•Provided that no direction shall be

•made except on an application

•made to the court by the

•Corporation or any officer

•authorised by Corporation in this

behalf.

(5)The court which makes a

•direction under sub-section (4) shall

•issue a certificate specifying the

•sum payable by the person and

•every such certificate shall be

•enforceable in the same manner as

•if it were a decree made by the

•court in a civil suit.

2.93. Submission by the Ministry:

2.93.1. The Department of Financial Services have proposed to amend sub-section (2) of

SECTION Section 267

Untitled Section

•Section 47 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961. The

•proposal is to replace the existing provisions for imposition of a fine with a provision for

•imposition of a penalty by Deposit Insurance and Credit Guarantee Corporation. In their

•background note, the Department has submitted that the offence under Section 47(2)

•relates to a failure of relatively routine nature. Further, the Department has pro posed

•consequential insertions in Section 47 to provide for the manner of levying of penalty and

•recovery of penalty by the Deposit Insurance and Credit Guarantee Corporation.

•104

2.94. Discussion in the sitting of the Committee:

2.94.1. During the sitting held on 6 th February, 2023, concerns were raised by the

•Members of the Committee whether proposal to replace the existing fine of two thousand

•rupees with a penalty of one lakh fifty thousand rupees for a routine failure to bring

•documents is not exorbitant. In this regard, the representative of the Department submitted

•that for a defaulting bank, the penalty is not exorbitant as the interest of the depositors is

paramount.Further, it is the maximum amount of penalty that has been laid down and f or

•the minimum penalty any amount can be fixed depending on the case and circumstances.

2.94.2. Further, the Department briefed that new sub -sections (3), (4) and (5) have been

•proposed to be incorporated in Section 47 which lay down the procedure for l evying of the

•penalty and subsequently for recovery of penalty through a court in case the penalty is not

paid.

2.94.3. As regards the provisions proposed to be incorporated under sub -section (5)

•regarding issue of a certificate specifying the sum payab le to be issued by the court, the

•Committee enquired about having a provision for Aadhaar proof rather than the court or

•approaching the District Magistrate with the certificate and get the money. In this regard,

•the representative from the Legislative De partment submitted that if the task is assigned to

•the District Magistrate, then in the other Acts administered by the Department of Financial

•Services like the National Housing Bank Act, 1987, similar amendments would be required

•to be made to make the la ws uniform, otherwise it would be appropriate to leave the matter

•to the principal civil court. The Sub -Divisional Magistrate would be otherwise overloaded

•with these kinds of things, but at the same time, if the matter goes to the civil court, the court

•will consider all civil aspects and procedures for issuing the decree and that would be better

•for better legal determination.

2.95. Suggestions by the Committee:

2.95.1. After detailed deliberations and necessary clarifications on the amendments

•proposed to be made in the Deposit Insurance and Credit Guarantee Corporation Act, 1961,

•specified at serial no. 15 of the Scheduled to the Bill, the Committee observed inter alia the

•following to be considered during clause-by-clause consideration of the Bill:

(i)The word ‘direction’ in reference to principal civil court may also include ‘order’ of

•such court.

•(ii) Before imposing a penalty, a reasonable opportunity should be given to the person of

•being heard. From the date of issuing notice of show cause the person must have

•sufficient time of being heard and adduce reasons for lack of failure.

•(iii) The provisions contained in the two additional sub -sections being proposed for

•insertion in the National Bank for Agriculture and Rural Development Act, 1981

•(relating to complaints not being filed against a person where any penalty has already

•been imposed, and relating to penalty provisions not being applicable in case of willful

•suppression/omission or willful misrepresentation of information by a person), may

•also be replicated here in the Deposit Insurance and Credit Guarantee Corporation

•105

•Act, 1961 for the sake of consistency and also since the said additional provisions are

required.

2.95.2. The Committee also opined that the proposed amendments in the Bill in respect

•of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 required better

•drafting and the Ministry of Law and Justice may reconsider the same in consultation with

•the Department of Financial Services.

•106

•The Warehousing Corporation Act, 1962

•[Serial No. 16 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.96. Administering Ministry: Ministry of Consumer Affairs, Food and Public

•Distribution

•[Department of Food and Public Distribution]

2.97. Purpose of the Act: An Act to provide for the incorporation and regulation of

•corporations for the purpose of warehousing of agricultural produce and certain other

•commodities and for matters connected therewith.

2.98. Amendments proposed to the Act:

Sl.

No.

•Section Existing Provision Provisions as

•amended by the

•Bill introduced in

•Lok Sabha

SECTION Section 268

Untitled Section

1.Section 38 (1) Whoever, without the consent in writing of a

•Warehousing Corporation, uses the name of

•that Corporation in any prospectus or

•advertisement, shall be punishable with

•imprisonment which may extend to six months,

•or with fine which may extend to one thousand

•rupees, or with both.

(2)No Court shall take cognizance of any

•offense under sub-section (1) otherwise than on

•a complaint in writing by an officer authorized in

•this behalf by the Warehousing Corporation

concerned.

•Proposed for

•omission in the Bill,

•as introduced

2.99. Submission of the Administering Ministry

2.99.1. Explaining the rationale behind the proposed amendments, the Department of

•Food and Public Distribution have stated:

•• The object of the proposal is to delete Section 38 of the Warehousing Corporations

•Act, 1962 as it provides for criminal punishment.

•• This includes imprisonment for six mo nths for relatively minor violation of using the

•name of any of the Corporations without their written consent in any prospectus or

advertisement.

•• The said Section 38 has never been invoked by CWC till date.

•• Many other CPSEs do not have any such provisions.

•• Moreover, the general laws of the country contain elaborate safeguards to effectively

•deal with such irregularities.

•107

•• Accordingly, the proposal for deletion of the said sections was recommended by CWC.

2.100. Suggestions by the Committee:

2.100.1. After the briefing, the Committee agreed, in principle, with the omission of Section

•38 of the Warehousing Corporation Act, 1962, specified at Sl. No.16 of the Schedule to the

•Bill, and decided to consider any further modifications, if required, du ring clause-by-clause

consideration.

•108

•The Food Corporations Act, 1964

•[Serial No. 17 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.101. Administering Ministry: Ministry of Consumer Affairs, Food and Public

•Distribution

•[Department of Food and Public Distribution]

2.102. Purpose of the Act: An Act to provide for the establishment of Food

•Corporations for the purpose of trading in foodgrains and other foodstuffs and for matters

•connected therewith and incidental thereto.

2.103. Amendments proposed to the Act:

Sl.

No.

•Section No. Existing Provision Provisions as

•amended by the

•Bill introduced in

•Lok Sabha

SECTION Section 269

Untitled Section

1.Section 41 (1) Whoever, without the consent in writing of a

•Food Corporation, uses its name in any

•prospectus of advertisement, shall be

•punishable with imprisonment for a term

•which may extended to six months, or with

•fine which may extend to one thousand

•rupees or with both.

(2)No court shall take cognizance of any

•offence under sub -section (1) except on a

•compliant in writing by an officer authorized

•in this behalf by the Food Corporation

concerned.

•Proposed for

•omission in the Bill,

•as introduced.

2.104. Submission of the administering Ministry

2.104.1. Explaining the rationale behind the proposed amendments, the Department of

•Food and Public Distribution have stated:

•• The object of the proposal is to delete Section 41 of the Food Corporations Act, 1964

•as it provides for criminal punishment.

•• This includes imprisonment for six months for relatively minor violation of using the

•name of any of the Corporations without their written consent in any prospectus or

advertisement.

•• The said Section 41 has never been invoked by FCI till date.

•• Many other CPSEs do not have any such provisions.

•• Moreover, the general laws of the country co ntain elaborate safeguards to effectively

•deal with such irregularities.

•109

•• Accordingly, the proposal for deletion of the said sections was recommended by FCI.

2.105. Suggestions by the Committee:

2.105.1. After detailed discussion, the Committee agreed, in principle, with the omission

•of Section 41 of the Food Corporations Act, 1964, specified at Sl. No.17 of the Schedule to

•the Bill, and decided to consider any further modifications, if required, during clause -by-

SECTION Section 27

Untitled Section

24.Shri Mahesh Jethmalani

•iii

SECTION Section 270

Untitled Section

•clause consideration.

•110

•The Patents Act, 1970

•[Serial. No. 18 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.106. Administering Ministry: Ministry of Commerce and Industry

•[Department for Promotion of Industry and Internal

•Trade]

2.107. Purpose of the Act: To amend and consolidate the law relating to patents.

2.108. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision, as amended in the

•Bill introduced in Lok Sabha

SECTION Section 271

Untitled Section

1.Section 120:

•Unauthorised

•claim of

•patent rights

•If any person falsely represents

•that any article sold by him is

•patented in India or is the

•subject of an application for a

•patent in India, he shall be

•punishable with fine which may

•extend to one lakh rupees.

•If any person falsely represents

•that any article sold by him is

•patented in India or is the subject

•of an application for a patent in

•India, he shall pay, by way of

•penalty which may extend to

•ten lakh rupees, and in case of

•the continuing claim, a further

•penalty of one thousand

•rupees for every day after the

•first dur ing which such claim

continues.

SECTION Section 272

Untitled Section

2.Section 121:

•Wrongful use

•of words

•"patent

•office"

•If any person uses on his place

•of business or any document

•issued by him or otherwise the

•words "patent office" or any

•other words which would

•reasonably lead to the belief that

•his place of business is, or is

•officially connected with, the

•patent office, he shall be

•punishable with imprisonment

•for a term which may extend to

•six months, or with fine, or with

both.

•Proposed for omission in the Bill,

•as introduced.

SECTION Section 273

Untitled Section

3.Section 122:

•Refusal or

•failure to

•supply

•information

(1)If any person refuses or fails

•to furnish:--

(a)to the Central Government

•any information which he is

•required to furnish under sub -

•section (5) of section 100;

(b)to the Controller any

•information or statement which

•he is required to furnish by or

•under section 146,he shall be

•punishable with fine which may

(1)If an y person refuses or fails

•to furnish:--

(a)to the Central Government

•any information which he is

•required to furnish under sub -

•section (5) of section 100;

(b)to the Controller any

•information or statement which he

•is required to furnish by or under

SECTION Section 274

Untitled Section

•section 146, he shall pay, by

•way of penalty which may

•111

•extend to 1[ten lakh rupees].

(2)If any person, being required

•to furnish any such information

•as is referred to in sub -

•section (1), furnishes information

•or statement which is false, and

•which he either knows or has

•reason to believe to be false or

•does not believe to be true, he

•shall be punishable with

•imprisonment which may extend

•to six months, or with fine, or

•with both.

•extend to one lakh rupees, and

•in case of the continuing

•refusal, a further penalty of one

•thousand rupees for every day

•after the first during which

•such refusal continues.

(2)If any person, being required

•to furnish any such information as

•is referred to in sub -section (1),

•furnishes information or

•statement which is false, and

•which he either knows or h as

•reason to believe to be false or

•does not believe to be true, he

•shall be punishable with

•penalty which shall not be less

•than twenty five lakh rupees.

SECTION Section 275

Untitled Section

4.Section 123:

•Practice by

•non-

•registered

•patent

•agents

•If any person contravenes the

•provisions o f section 129, he

•shall be punishable with fine

•which may extend to one lakh

•rupees in the case of a first

•offence and five lakh rupees in

•the case of a second or

•subsequent offence.

•If any person contravenes the

•provisions of section 129, he

•shall pay, by way of penalty,

•which may extend to five lakh

•rupees, and in case of the

•continuing default, a further

•penalty of one thousand

•rupees for every day after the

•first during which such default

continues.

SECTION Section 276

Untitled Section

5.Insertion of

•new Section

•after Section

•124

•Nil Section 124 A: Adjudication of

•penalties

(1)The Controller may, by an

•order, impose penalty on a

•person stating therein

•any contravention or default

•under the provisions of this Act, in

•the manner as may be

prescribed.

(2)The Controller shall, before

•imposing any penalty, give a

•reasonable opportunity of being

•heard to the person who is in

default.

(3)Where the person fails to

•comply with the order made

•under sub -section (1), within a

•period of ninety days from the

•112

•date of the receipt of the order,

•the person shall be punishable

•with imprisonment for a term

•which may extend to one year, or

•with fine which shall not be less

•than twenty-five thousand rupees,

•but which may extend to five lakh

•rupees, or with both.”

•6 Insertion of

SECTION Section 277

Untitled Section

•clause (xiiia)

•after clause

•(xiii) in

SECTION Section 278

Untitled Section

•section 159

(2)

•Nil (xiii a) the manner of imposing

•penalty under sub -section (1) of

SECTION Section 279

Untitled Section

•section 124A;

2.109. Submission by the Ministry:

2.109.1. The Department for Promotion of Industry and Internal Trade, Ministry of

•Commerce and Industry has proposed to amend Sections 120, 122, 123, omission of

SECTION Section 28

Untitled Section

25.Dr. Radha Mohan Das Agarwal

SECTION Section 280

Untitled Section

•Section 121 and insertion of Sections 124A and 159(2) in the Patents Act, 1970.

2.110. Discussion in the sitting of the Committee:

2.110.1. During the sitting of the Committee held on 31 st January, 2023, the

•representative of the Department submitted that the complete process has been digitized

•and five-fold increase in the grant of patents have been se en since 2014. All filing has been

•done online now and India ranks seventh in patent filing. Then, the Committee sought

•certain clarifications as regards the quantum of penalties proposed in the amended Sections

•120 and 122. The Committee raised their c oncern for putting on such hefty penalties on the

•micro, small and medium scale enterprises in cases of failure to supply information under

SECTION Section 281

Untitled Section

•Section 122. The representatives from the Department submitted that generally they look at

•bigger companies like ph arma companies which are involved in inventions. They justified

•the amount of penalty as a deterrence stating that it is a monopoly right. One gets patent

•right for a product against the entire society for reaping the benefits of the same for 20 year

period.If a company furnishes false information regarding patent work, then due to its false

•claim, the product like covid vaccine or cancer medicine that can be produced by any other

•public spirited company gets delayed. The representatives submitted that the higher penalty

•was proposed after consulting the stakeholders. The Committee disagreed to the

•submission that only big companies have patents. Further, the Committee raised concern

•that the expression “not be less than 25 lakh rupees” in the proposed amendment to Section

•122 gives unfettered power to the authority and, therefore, there must be an upper limit for

•the penalty proposed in the amendment. The Department agreed to re -draft the

•amendments accordingly. The Committee also directed the Depar tment to look into the

•provisions of the Indian Penal Code, 1960 if the offence of furnishing false information is

•also covered under the Code.

2.110.2. The Committee also deliberated on various other issues like wrongful gains

•due to false information, compulsory licence in case of non-working of patent, compensation

•113

•for the loss caused, etc. As regards the quantum of fine proposed in Section 124A, the

•Committee observed that the defaulter will have to pay the fine along with penalty then the

•penalty amount gets recovered automatically.

2.110.3. Further, the Department briefed that sub -sections (3), (4) and (5) have been

•proposed to be incorporated under Section 47(2) which lay down the procedure for levying

•of the penalty and subsequently for recov ery of penalty through a court in case the penalty

•is not paid.

2.110.4. During the deliberations, the Committee made a general observation that the

•power of adjudication is not available in some Acts. The said power of adjudication needs to

•be provided in all such Acts where fine has been converted into penalty. The competent

•authority who will impose the penalty is required to be prescribed in all such Acts.

2.111. Suggestions by the Committee:

2.111.1. After the meticulous deliberations and necessary clarifications on the

•amendments proposed to be made in the Patents Act, 1970, specified at serial no. 18 of the

•Scheduled to the Bill, the Committee decided to consider inter alia the following

•modifications during clause-by-clause consideration:

(i)Section 122(2): There must be an upper limit for the amount of penalty proposed

•in the amendment.

•(ii) Section 124A: There is a need to have appellate mechanism against decision

•taken by Controller.

•114

•The Marine Products Export Development Authority Act, 1972

•[Serial No. 19 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.112. Administering Ministry: Ministry of Commerce & Industry

•[Department of Commerce]

2.113. Purpose of the Act: The Act provides for the establishment of an Authority for

•the development of the marine products industry under the control of the Union and for

•matters connected therewith. The Marine Products Export Development Authority (MPEDA)

•was set up b y the act of Parliament in the year 1972. MPEDA is given the mandate to

•develop, regulate and promote the marine products industry with special reference to

•exports from the country. The Act empowers MPEDA to develop and regulate offshore/deep

•sea fishing, undertake measures for conservation and management of fish resources.

2.114. Amendments proposed in the Act:

Sl.

No.

•Section Existing Provision Provisions as amended in the

•Bill introduced in Lok Sabha

SECTION Section 282

Untitled Section

1.Section 20

(3)

•If any person contravenes any

•order made under sub -section

(1), he shall, without prejudice to

•any confiscation or penalty to

•which he may be liable under

•the provisions of the Customs

•Act, 1962, as applied by sub -

•section (2), be punishable with

•imprisonment for a term which

•may extend to one year, or with

•fine, or with both.

•If any person contravenes any

•order made under sub -section

(1), he shall, without prejudice to

•any confiscation or penalty to

•which he may be liable under the

•provisions of the Customs Act,

•1962, as applied by sub -section

(2), be liable to pay penalty not

•less than ten thousand rupees

•or not exceeding twice the

•value of goods, whichever is

•higher, in respect of which

•such order has been made.

SECTION Section 283

Untitled Section

2.Section 23 Any person who being required

•by or under this Act to furnish any

•return fails to furnish such returns

•or furnishes a return containing

•any particulars which is false and

•which he knows to be false or

•does not believe to be true shall

•be punishable with fine which

•may extend to five hundred

rupees.

•Any person who being required by

•or under this Act fails to furnish

•such returns or furnishes a return

•containing any particulars which is

•false and which he knows to be

•false or does not believe to be

•true shall be liable to pay

•penalty which may extend to

•ten thousand rupees.

SECTION Section 284

Untitled Section

3.Section 24

•Any person who—

(a)obstructs any member

•authorised by the Chairman in

SECTION Section 285

Untitled Section

24.Penalties for obstructing a

•member or officer of Authori ty in

•the discharge of his duties and for

•115

•writing or any officer or other

•employee of the Authority

•authorised by it in this behalf or

•any person authorised in this

•behalf by the Central Government

•or by the Authority, in the

•exercise of any power conferred,

•or in the discharge of any duty

•imposed, on him by or under this

•Act; or

(b)having control over or custody

•of any account book or other

•record, fails to produce such book

•or record w hen required to do so

•by or under this Act, shall be

•punishable with imprisonment for

•a term which may extend to six

•months, or with fine which may

•extend to one thousand rupees,

•or with both.

•failure to produce books and

records.— Any person who-

(a)obstructs any member

•authorised by the Chairman in

•writing or any officer or other

•employee of the Authority

•authorised by it in this behalf or

•any person authorised in this

•behalf by the Central Government

•or by the Authority, in the exercise

•of any power conferred, or in the

•discharge of any duty imposed, on

•him by or under this Act, shall be

•punishable with imprisonment for

•a term which may extend to six

•months, or with fine which may

•extend to one thousand rupees, or

•with both.

(b)having control over or custody

•of any account book or other

•record, fails to produce such book

•or record when required to do so

•by or under this Act, shall be liable

•to pay p enalty which may extend

•to ten thousand rupees.

SECTION Section 286

Untitled Section

4.Section 25 Whoever contravenes or

•attempts to contravene or abets

•the contravention of the

•provisions of this Act or of any

•rules made there under other

•than the provisions, punishment

•for the contraventi on whereof

•has been provided for in

•Sections 20,23 and 24, shall be

•punishable with imprisonment

•for a term which may extend to

•six months, or with fine which

•may extend to one thousand

•rupees or with both and in the

•case of continuing such

•contravention w ith an additional

•fine which may extend to fifty

•rupees for every day during

•which such contravention

•continues after conviction for the

•first such contravention.

SECTION Section 287

Untitled Section

25.Other penalties. - Whoever

•contravenes or attempts to

•contravene or abets the

•contravention of the provisions of

•this Act or of any rules made

•thereunder other than the

•provisions, punishment for the

•contravention whereof has been

•provided for in sections 20, 23

•and 24, shall be liable to pay a

•penalty not less than ten thousand

•rupees, or not exceeding an

•amount equivalent to the value of

•goods, whichever is higher, in

•respect of which such order has

•been made, and in case of a

•continuing contravention as

•aforesaid, a penalty of not less

•than fifty thousand rupees, or not

•exceeding an amount eq uivalent

•to twice the value of goods,

•whichever is higher, in respect of

•which such order has been made.

•116

2.115. Submissions by the Ministry:

2.115.1. Elaborating on the need for the proposed amendments, t he Ministry in their

•background note submitted as under:

•“MPEDA Act had provisions prescribing imprisonment and fine for offenses under the

Act.Sections 20(3), 23, 24, and 25 stipulates criminal penalty for contravention of

•provisions under various Sections of the Act.

•i) Sub section (3) of Section 20 stipulates the imprisonment or fine if any

•person contravenes any order made by Central Government prohibiting,

•restricting or otherwise controlling the import or export of marine products.

•ii) Section 23 stipulates the fine if a person furnishes false return or fails to

•furnish such return.

•iii) Section 24 (a) provides for imprisonment or fine if a person obstructs any

•authorised member in the exercise of any power conferred, or in the

•discharge of any duty imposed, on him by or under the Act. Section 24(b)

•provides for imprisonment or fine if a person fails to produce account book

•or other record when required to do so by or under the Act.

•iv) Section 25 stipulates imprisonment or fine for con travention or attempt to

•contravene or abetment to the contravention of the provisions of the Act or

•of any rules made under this Act.

•The penalties under these provisions have not been actually implemented by

•MPEDA in recent past. Accordingly, these m inor offences with negligible impact on

•national security have been proposed to be decriminalized i.e. replace the

•imprisonment and fine provisions with civil penalty.

•Amendments have been proposed, vide Sl. No 19 of the Jan Vishwas

•(Amendment of Provisions) Bill, 2022 in Sections 20(3), 23, 24 and 25 . Amendments

•propose to replace imprisonment and fine with penalty. Fine is generally related with

•criminal action and for which sanction by court is required while penalty is a civil

liability.Imprisonment and fine has been done away with except under section 24 (a).

SECTION Section 288

Untitled Section

•Section 24(a) provides imprisonment for obstruction in the discharge of any duty. For

•obstruction of Government Officials, action can be taken under IPC but MPEDA

•officials are not treated as government officials. Therefore, it is important to retain the

•provision of imprisonment and fine under MPEDA Section 24(a) to enable MPEDA to

•overcome obstructions in implementing the schemes and programmes.

•The proposed amendment will reduce the reg ulatory compliances burden on

•marine exporters. Further, it would also promote ease of doing business in the

•fisheries sector and prevent fear of undue harassment among stakeholders (Seafood

•Exporters, processors, Fishermen etc.)”

2.116. Discussion in the sitting of the Committee:

2.116.1. In their presentation during the sitting held on 31 st January, 2023, giving

•justification for the need for the proposed amendments, the Department submitted that the

•amendment seek to promote quality marine products exp orted from the country in

•compliance with national and international standards. It was also submitted that imposing of

•117

•financial liability by means of penalty on the erring entities will act as a deterrent for various

•non – compliances. On being asked as to why the Department seeks to retain imprisonment

•in Section 24 (a) providing for penalties for obstructing a member or officer of Authority in

•the discharge of his duties, the Department submitted as under:

•“We are proposing to retain this clause because what has happened in the MPEDA Act

•is, the officials of MPEDA are not considered to be public servants. That clause by

•formulation of the Act has not been there. There is a specific clause which entails that

•the officials of that organization or board wil l be treated as public servants. Here, they

•are not treated as public servants. So, the IPC is not invoked. That is why we propose

•to retain this clause.”

2.117. Suggestions by the Committee:

2.117.1. After detailed discussions and clarifications on the amendments proposed to

•be made in the Marine Products Export Development Authority Act, 1972, specified at serial

no.19 of the Schedule to the Bill, the Committee decided to consider, inter alia, the following

•modifications during clause-by-clause consideration:

SECTION Section 289

Untitled Section

•Section 25: An adjudication mechanism with appellate provisions may be

•provided for penalties in the proposed provisions.

•118

•The High Denomination Bank Notes (Demonetisation) Act, 1978

•[Serial No. 20 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.118. Administering Ministry: Ministry of Finance

•[Department of Economic Affairs]

2.119. Purpose of the Act: To provide in the public interest for the demonetisation of

•certain high denomination bank notes and for matters connected therewith or incidental

thereto.

2.120. Amendments proposed to the Act:

Sl.

No.

•Section Existing Provision Provision, as amended by

•the Bill introduced in Lok

•Sabha

SECTION Section 29

Untitled Section

26.Shri Vivek K. Tankha

SECTION Section 290

Untitled Section

1.Section 10 Penalties.—(1) If any bank fails

•to prepare and present within

•the time and in the manner

•provided by section 5 any return

•referred to in that section, or

•presents any return under that

•section which is false in any

•material particular, the manager

•or other person in c harge of the

•bank shall, unless he proves

•that the failure took place, or the

•false return was presented,

•without his knowledge or that he

•exercised all due diligence to

•prevent the same, be

•punishable with imprisonment

•for a term which may extend to

•three years, or with fine, or with

both.

(2)Whoever knowingly makes in

•any declaration under section

•any statement which is false or

•only partially true or which he

•does not believe to be true or

•contravenes any provision of

•this Act or the rules made

•thereunder shall be punishable

•with imprisonment for a term

•which may extend to three years

•or with fine or with both.

Penalties.—(1) If any bank

•fails to prepare and present

•within the time and in the

•manner provided by section

•5 any return referred to in

•that section, or presents any

•return under that section

•which is false in any material

•particular, the manage r or

•other person in charge of the

•bank shall, unless he proves

•that the failure took place, or

•the false return was

•presented, without his

•knowledge or that he

•exercised all due diligence to

•prevent the same, be

•punishable with fine.

(2)Whoever knowing ly

•makes in any declaration

•under section any statement

•which is false or only

•partially true or which he

•does not believe to be true

•or contravenes any provision

•of this Act or the rules made

•thereunder shall be

•punishable with fine.

•119

(3)An officer of a scheduled

•bank who makes payment out of

•the amount, being the exchange

•value of a high denomination

•bank note credited und er sub -

•section ( 4) of section 7 to an

•account maintained with such

•bank shall unless such account

•is an account which has been

•opened after proper

•introduction, be punishable with

•imprisonment for a term which

•may extend to three years, or

•with fine, or with both.

(3)An officer of a scheduled

•bank who makes payment

•out of the amount, being the

•exchange value of a high

•denomination bank note

•credited under sub -section

(4)of section 7 to an account

•maintained with such bank

•shall unless such account is

•an account which has been

•opened after proper

•introduction, be punishable

•with fine.

2.121. Submission by the Ministry:

2.121.1. The Department of Economic Affairs has proposed amendment of the Section

•10 of the High Denomination Banknotes (Demonetisation) Act, 1978 in the Jan Vishwas

•(Amendment of Provisions) Bill, 2022. In their background note, the Department has stated

•the prop osed amendments are concerned with the Coin and Currency Division of the

•Department of Economic Affairs.

2.121.2. Section 5 of the Act provides that every bank and Government treasury shall

•prepare and send to the Reserve Bank in the manner provided in this section a return

•showing separately under each denominational value the total value of high denomination

•bank notes of that value held by it at the close of business on the 16 th day of January, 1978

•and distinctive numbers of high denomination bank no tes of that value. If any bank

•contravenes the provisions of section 5, it shall be punishable as per section 10(1).

2.121.3. Further, Section 7 of the Act provides that any person other than a bank and

•Government Treasury shall exchange of high denomi nation bank notes held by them by

•19th January, 1978 on certain conditions. Any false declaration made by any person under

•this section is punishable as per Section 10(2) and any failure of the bank to credit the

•amount to a properly introduced account o f the owner or the declarant is punishable as per

SECTION Section 291

Untitled Section

•section 10(3).

2.121.4. The proposed amendments in all the three sub -sections of Section 10 of the

•Act are deleting the provision “with imprisonment for a term which may extend to three year

•or with find or with both” and substituting it with “punishable with fine”. Section 10 of the Act

•also carries imprisonment as penalty. The penalty provisions of Section 10 of the Act are in

•respect of contravention of provisions under section 5 and section 7 of the A ct ibid. The

•time period within which contravention of the section 5 and section 7 of the Act was

•punishable has elapsed way back by 19 th and 23 rd January 1978. There may not be any

•impact on the provisions of the Act if punishment of imprisonment is rem oved as it doesn't

•seem obligatory and it has become obsolete. However, the penalty provision related to fine

•have been proposed to be retained since section 5 and section 7 of the Act, 1978 are part of

•substantive provisions of the Act and contravention of which are an offence.

•120

2.122. Discussion in the sitting of the Committee:

2.122.1. The Committee in their sitting held on 6 th February, 2023, discussed the

•proposed amendments in detail with the representatives of the Department of Economic

•Affairs and the Legislative Department and sought clarifications on varied issues involved.

•The Legislative Department put forward that the High Denomination Bank Notes

•(Demonetisation) Act, 1978 has outlived its utility and so they had suggested the Ministry of

•Finance to repeal the whole Act. The representative from the Department of Economic

•Affairs informed the Committee that they had checked up with the Reserve Bank of India

•and the likelihood is negligible because they have no pending complaints with them rela ting

•to this Section. The Department of Economic Affairs further submitted the following before

•the Committee:

•“We flagged what was suggested by Ministry of Law with Reserve Bank of India

•asking whether it can be repealed in entire ty or whether there are any other

precedents.We are in consultation and we will revert immediately. They (RBI) are

•examining it.”

2.123. Suggestions by the Committee:

2.123.1. After in-depth discussion and clarifications on the amendments proposed to be

•made in the High Denomination Banknotes (Demonetisation) Act, 1978, the Committee

•agreed, in principle, with the amendments proposed to the Act, as specified at serial no. 20

•of the Schedule to the Bill; however simultaneously, the Committee also recommended that

•the Act may be sent in the category of ‘repeal’. The Committee asked the Department of

•Economic Affairs to inform in the ‘Second Reading of the Bill’ whether a satisfact ory reply is

•received by them by that time. In case a satisfactory reply is received, the Act would be

•sent for ‘repeal’ and if the reply does not come then the Committee would amend the

•provisions as proposed and even then the Committee would recommend f or thorough

•examination of the Act for repeal. The Committee accordingly decided to consider the

•suggestions during clause-by-clause consideration of the Bill.

•121

•The Air (Prevention and Control of Pollution) Act, 1981

•[Serial No. 21 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.124. Administering Ministry: Ministry of Environment, Forests and Climate Change

2.125. Purpose of the Act: The object of the Air (Prevention and Control of Pollution)

•Act, 1981 is to provide for the prevention, control and abatement of air pollution, mandating

•the Central Pollution Control Board and State Pollution Control Boards to implement the

•provisions of the Act, and confer functioning powers to them.

2.126. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provisions as amended in the

•Bill introduced in Lok Sabha

SECTION Section 292

Untitled Section

1.Section

•21(1)

SECTION Section 293

Untitled Section

21.Restrictions on use of

•certain industrial plants. —(1)

•Subject to the provisions of

•this section,

•no person shall, without the

•previous consent of the State

•Board, establish or operate

•any industrial plant in an air

•pollution control area:

•Provided that a person

•operating any industrial plant

•in any air pollution control

•area immediately before the

•commencement of section 9

•of the Air (Prevention and

•Control of Pollution)

•Amendment Act, 1987, for

•which no consent was

•necessary prior to such

•commencement, may

•continue to do so for a period

•of three months from such

•commencement or, if he has

•made an app lication for such

•consent within the said period

•of three months, till the

•disposal of such application.

(1)No person shall establish or

•operate any industrial plant in

•an air pollution control area

•unless the previous consent of

•the State Board has been

•obtained in pursuance of an

•application made by such

•person in accordance with the

•provisions of this section:

•Provided that the Central

•Government may in

•consultation with the Central

•Pollution Control Board, by

•notification in the Official

•Gazette, exempt certain

•categories of industrial plants

•from application of the

•provisions of this sub-section.

SECTION Section 294

Untitled Section

2.Insertion

•of New

SECTION Section 295

Untitled Section

•Section

•21A after

SECTION Section 296

Untitled Section

•Section

•21

•NIL

21A.Power to issue

Guidelines.- (1)

•Notwithstanding anything

•contained in section 21, the

•Central Government in

•consultation with the Central

•122

•Board may, by notification in the

•Official Gazette , issue

•guidelines on the matters

•relating to the grant, refusal or

•cancellation of consent by any

•State Board to establish or

•operate any industrial plant in

•an air pollution control area,

•including the mechanism for

•time bound disposal of the

•application made under section

•21 or validity period of such

consent.

(2)Every State Board, in

•discharge of its functions for the

•purposes of grant, refusal or

•cancellation of consent under

SECTION Section 297

Untitled Section

•section 21 shall act in

•accordance with the guidelines

•issued under sub-section (1).

SECTION Section 298

Untitled Section

3.Section

•37

•Failure to comply with the

•provisions of section 21 or

SECTION Section 299

Untitled Section

•section 22 or with the

•directions issued under

SECTION Section 3

Untitled Section

•Chapter II Examination of the Bill by the Joint Committee 12-251

SECTION Section 30

Untitled Section

27.Shri Sukhendu Sekhar Ray

SECTION Section 300

Untitled Section

•section 31A.

(1)whoever fails to comply

•with the provisions of section

•21 or section 22 or directions

•issued under section 31A.

SECTION Section 301

Untitled Section

•Section 21 – Restrictions to

•use of certain industrial

plants.

SECTION Section 302

Untitled Section

•Section 22 - Persons carrying

•on industry, etc., not to allow

•emission of air pollutants in

•excess of the standard laid

•down by State Board.

SECTION Section 303

Untitled Section

•Section 31 A - Power to give

directions.

•Punishable with imprisonment

•for a term which shall not be

•less than one year and six

•months but which may extend

•to six years and with fine, and

•in case the failure continues,

•with an additional fine which

•may extend to five thousand

•rupees for every day.

SECTION Section 304

Untitled Section

37.Failu re to comply with

•provisions of section 22 or

•directions issued under section

31A.- (1) Whoever contravenes

•or does not comply with the

•provisions of sections 22 or

•directions issued under section

•31A, shall, in respect of each

•such contravention or non -

•compliance, be liable to pay

•penalty which shall not be less

•than ten thousand rupees, but

•which may extend to fifteen lakh

rupees.

(2)If the failure referred to in (2) Where any person

•123

•sub-section (1) continues

•beyond a period of one year

•after the date of conviction.

•Punishable with imprisonment

•for a term which shall not be

•less than two years but which

•may extend to seven years

•and with fine.

•continues contravention or

•non-compliance under sub -

•section (1), he shall be liable

•to pay an additional penalty

•often thousand rupees every

•day during which such

•contravention continues.

SECTION Section 307

Untitled Section

•Section 38 - Penalties for

•certain acts. — Whoever—

(a)destroys, pulls down,

•removes, injures or defaces

•any pillar, post or stake fixed

•in the ground or any notice or

•other matter put up, inscribed

•or placed, by or under the

•authority of the Board, or

(b)obstructs any person

•acting under the orders or

•directions of the Board from

•exercising his powers and

•performing his functions

•under this Act, or

(c)damages any works or

•property belonging to the

•Board, or

(d)fails to furnish to the

•Board or any officer or other

•employee of the Board any

•information required by the

•Board or such officer or other

•employee for the purpose of

•this Act, or

(e)fails to intimate the

•occurrence of the emission of

•air pollutants into the

•atmosphere in excess of the

•standards laid down by the

•State Board or the

•apprehension of such

•occurrence, to the State

•Board and other prescribed

•authorities or agencies as

•required under sub -section

(1)of section 23, or

(f)in giving any information

•which he is required to give

•under this Act, makes a

•statement which is false in

•any material particular, or

SECTION Section 308

Untitled Section

38.Penalties for certain act. –

(1)Whoever-

(a)destroys, pulls down,

•removes, injures or def aces

•any pillar, post or stake fixed in

•the ground or any notice or

•other matter put up, inscribed

•or placed, by or under the

•authority of the Board;

(b)obstructs any person acting

•under the orders or directions

•of the Board from exercising his

•powers an d performing his

•functions under this Act;

(c)damages any works or

•property belonging to the

•Board;

(d)fails to furnish to the Board

•or any officer or other

•employee of the Board any

•information required by the

•Board or such officer or other

•employee f or the purpose of

•this Act;

(e)fails to intimate the

•occurrence of the emission of

•air pollutants into the

•atmosphere in excess of the

•standards laid down by the

•State Board or the

•apprehension of such

•occurrence, to the State Board

•and other prescribed authorities

•or agencies as required under

•sub-section (1) of section 23;

(f)fails in giving any information

•which he is required to give

•under this Act, makes a

•statement which is false in any

•material particular, shall be

•liable to pay penalty which shall

•not be less than ten thousand

•124

(g)for the purpose of

•obtaining any consent under

SECTION Section 309

Untitled Section

•section 21, makes a

•statement which is false in

•any material part icular, shall

•be punishable with

•imprisonment for a term

•which may extend to three

•months or with fine which

•may extend to 2 [ten

•thousand rupees] or with

both.

•rupees, but which may extend

•to fifteen lakh rupees.

(2)Where any person

•continues contravention or non -

•compliance under sub -section

(1), he shall be liable to pay an

•additional penalty of ten

•thousand rupees every day

•during which such

•contravention continues.

SECTION Section 31

Untitled Section

28.Dr. Kanimozhi NVN Somu

SECTION Section 310

Untitled Section

5.Insertion

•of New

SECTION Section 311

Untitled Section

•Section

•38A after

SECTION Section 312

Untitled Section

•Section

•38

•Nil

38A.Penalty for

•contravention by Government

•Department

(1)Where contravention of any

•provision of this Act has been

•committed by any Department

•of the Central Government or

•the State Government, the

•Head of the Department shall

•be liable to pay the penalty

•equal to one month of his basic

•salary:

•Provided that such Head

•of the Department shall not be

•liable for such contravention, if

•he proves th at the

•contravention was committed

•without his knowledge or

•instructions or that he exercised

•all due diligence to prevent

•such contravention.

(2)Where any contravention

•under sub -section (1) is

•attributable to any neglect on

•the part of, any officer, ot her

•than the Head of the

•Department, the officer shall be

•liable to pay the penalty equal

•to one month of his basic

salary.

•Provided that he shall not be

•liable for the contravention, if he

•proves that he exercised all due

•diligence to avoid such

contravention.

SECTION Section 313

Untitled Section

6.Section

•39

SECTION Section 314

Untitled Section

39.Penalty for contravention

•of certain provisions of the

SECTION Section 315

Untitled Section

39.Penalty for contravention of

•certain provisions of this Act -- If

•125

Act.—Whoever contravenes

•any of the provisions of this

•Act or any order or direction

•issued thereunder, for which

•no penalty has been

•elsewhere provided in this

•Act, shall be punishable with

•imprisonment for a term

•which may extend to three

•months or with fine which

•may extend to ten thousand

•rupees or with both, and in

•the case of continuing

•contravention, with an

•additional fine which may

•extend to five thousand

•rupees fo r every day during

•which such contravention

•continues after conviction for

•the first such contravention.

•any person contravenes any of

•the provisions of this Act or any

•order or directio n issued

•thereunder, for which no

•penalty has been provided for in

•this Act, shall be liable to pay

•the penalty which shall not be

•less than ten thousand rupees,

•but which may extend to fifteen

•lakh rupees, and where such

•contravention continues, he

•shall be liable to pay an

•additional penalty which may

•extend to ten thousand rupees

•every day during which such

•contravention continues.

SECTION Section 316

Untitled Section

7.Insertion

•of New

SECTION Section 317

Untitled Section

•Section

•39A

•Nil 39A. Adjudicating officer. - (1)

•The Central Government, for

•the purposes of determining the

•penalties under sections 37, 38

•and 39, may appoint an officer

•not below the rank of Joint

•Secretary to the Government of

•India or a Secretary to the State

•Government to be the

•adjudicating officer, to hold an

•inquiry and to impose the

•penalty in the manner, as may

•be prescribed:

•Provided that the Central

•Government may appoint as

•many adjudicating officers as

•may be required.

(2)The adjudicating officer may

•summon and enforce the

•attendance of any person

•acquainted with the facts and

•circumstances of the case to

•give evidence or to produce any

•document, which in the opinion

•of the adjudicating officer, may

•be useful for or rel evant to the

•subject-matter of the inquiry

•and if, on such inquiry, he is

•satisfied that the person

•126

•concerned has contravened the

•provisions of this Act, he may

•determine such penalty as he

•thinks fit in accordance with the

•provisions of sections 37, 38 or

•39 as the case may be:

•Provided that no such penalty

•shall be imposed without giving

•the person concerned an

•opportunity of being heard in

•the matter.

(3)The amount of penalty

•imposed under the provisions of

SECTION Section 318

Untitled Section

•section 37, 38 and 39, shall be

•in addition to the liability to pay

•relief or compensation under

SECTION Section 319

Untitled Section

•section 15 read with section 17

•of the National Green Tribunal

•Act, 2010. (19 of 2010).

SECTION Section 32

Untitled Section

29.Shri Narain Dass Gupta

SECTION Section 320

Untitled Section

8.Insertion

•of New

SECTION Section 321

Untitled Section

•Section

•39B

•Nil 39B. Appeal. - (1) Any person

•aggrieved by the order passed

•by the adjudicating officer under

•sections 37, 38 or 39, may

•prefer an appeal to the National

•Green Tribunal established

•under section 3 of the National

•Green Tribunal Act, 2010 (19 of

•2010)

(2)Every appeal under sub -

•section (1) shall be filed within

•sixty days from the date on

•which the copy of the order

•made by the adjudicating officer

•is received by the aggrieved

person.

(3)The National Green Tribunal

•may, after giving the parties to

•the appeal an opportunity of

•being heard, pass such order

•as it thinks fi t, confirming,

•modifying or setting aside the

•order appealed against.

(4)Where an appeal is

•preferred against any order of

•the adjudicating officer under

•127

•sub-section (1), it shall not be

•entertained by the Tribunal

•unless the person has

•deposited with th e Tribunal ten

•per cent of the amount of the

•penalty imposed by the

•adjudicating officer.

SECTION Section 322

Untitled Section

9.Insertion

•of New

SECTION Section 323

Untitled Section

•Section

•39C

•Nil 39C. Penalty amount to be

•credited to Environmental

•Protection Fund. - Where an

•adjudicating officer imposes

•penalty or additional penalty, as

•the case may be, under

•sections 37, 38 or 39, the

•amount of such penalty shall be

•credited to the Environmental

•Protection Fund established

•under section 16 of the

•Environment (Protection) Act

SECTION Section 324

Untitled Section

1986.(29 of 1986).

SECTION Section 325

Untitled Section

10.Insertion

•of New

SECTION Section 326

Untitled Section

•Section

•39D

•Nil 39D. Offences for failure to

•comply with provisions of

SECTION Section 327

Untitled Section

•section 21 and for failure to pay

penalty.- (1) Whoever fails to

•comply with the provisions of

SECTION Section 328

Untitled Section

•section 21, shall, in respect of

•each such failure, be

•punishable with imprisonment

•for a term which shall not be

•less than one year and six

•months but which may extend

•to six years and with fine, and in

•case the failure continues, with

•an additional fine which may

•extend to fifty thousand rupees

•for every day during which such

•failure continues after the

•conviction for the first such

failure.

(2)If the failure referred to in

•sub-section (1) continues

•beyond a period of one year

•after the date of conviction, the

•offender shall be punishable

•with imprisonment for a term

•which shall not be less than two

•years but which may extend to

•seven years and with fine.

•128

(3)Where any person fails to

•pay the penalty or the additional

•penalty, as the case may be,

•imposed under the provisions of

•this Act within ninety days of

•such imposition, he shall be

•punishable with imprisonment

•for a term which may extend to

•three years, or with fine which

•may extend to twice the amount

•of the penalty or additional

•penalty so imposed or with

both.

(4)Where any offence under

•sub-section (1) or sub-section

(2)or sub-section (3) has been

•committed by a company, every

•person who, at the time the

•offence was committed, was

•directly in charge of, and was

•responsible to, the company for

•the conduct of the business of

•the company, as well as the

•company, shall be deemed to

•be guilty of such offence and he

•shall be liable to be proceeded

•against and punished

•accordingly:

•Provided that nothing

•contained in this sub -section

•shall render any such person

•liable to any punishment

•provided in sub -section (1)

•sub-section (2) or sub -section

(3)if he proves that the

•offence was committed without

•his knowledge or that he

•exercised all due d iligence to

•prevent the commission of

•such offence.

(5)Notwithstanding anything

•contained in sub -section (4),

•where an offence has been

•committed by a company and

•it is proved that the offence

•has been committed with the

•consent or connivance of, or is

•attributable to any neglect on

•129

•the part of, any director,

•manager, secretary or other

•officer of the company, such

•director, manager, secretary or

•other officer shall also deemed

•to be guilty of that offence and

•shall be liable to be proceeded

•against and punished

accordingly.

Explanation.-For the

•purposes of this section, -

(a)"company" includes body

•corporate, firm, trust, society

•and any other association of

•individuals;

(b)"director", includes director

•of the company, partner of the

•firm, members of the society or

•trust or member of any

•association of individuals, as

•the case may be.

SECTION Section 329

Untitled Section

11.Section

•40

40.Offences by companies.—

(1)Where an offence under

•this Act has been committed

•by a company, every person

•who, at the time the offence

•was committed, was directly

•in charge of, and was

•responsible to the company

•for the conduct of the

•business of the company, as

•well as the company, shall be

•deemed to be guilty of the

•offence and shall be liable to

•be proceeded against and

•punished accordingly:

•Provided that nothing

•contained in this sub -section

•shall render any such person

•liable to any punishment

•provided in this Act, if he

•proves that the offence was

•committed without his

•knowledge or that he

•exercised all due diligence to

•prevent the commi ssion of

•such offence.

•Proposed for omission in the

•Bill, as introduced.

•130

(2)Notwithstanding anything

•contained in sub -section (1),

•where an offence under this

•Act has been committed by a

•company and it is proved that

•the offence has been

•committed with the consent or

•connivance of, or is

•attributable to any neglect on

•the part of, any director,

•manager, secretary or other

•officer of the company, such

•director, manager, secretary

•or other officer shall also be

•deemed to be guilty of that

•offence and shall be liable to

•be proceeded against and

•punished accordingly.

Explanation.—For the

•purpose of this section,—

(a)“company” means any

•body corporate, and includes

•a firm or other association of

•individuals;

•and

(b)“director”, in relation to a

•firm, means a partner in the

•firm

SECTION Section 33

Untitled Section

30.Shri Sujeet Kumar

SECTION Section 330

Untitled Section

12.Section

•41

SECTION Section 331

Untitled Section

41.Offences by Government

Departments.—(1) Where an

•offence under this Act has

•been committed by any

•Department of Government,

•the Head of the Department

•shall be deemed to be guilty

•of the offence and shall be

•liable to be proceeded against

•and punished accordingly:

•Provided that nothing

•contained in this section shall

•render such Head of the

•Department liable to any

•punishment if he proves that

•the offence was committed

•without his know ledge or that

•he exercised all due diligence

•to prevent the commission of

•such offence.

(2)Notwithstanding anything

•Proposed for omission in the

•Bill, as introduced.

•131

•contained in sub -section (1),

•where an offence under this

•Act has been committed by a

•Department of Government

•and it is proved that the

•offence has been committed

•with the consent or

•connivance of, or is

•attributable to any neglect on

•the part of, any officer, other

•than the Head of the

•Department, such officer shall

•also be deemed to be guilty of

•that offence and shall be

•liable to be proceeded against

•and punished accordingly.

SECTION Section 332

Untitled Section

14.Insertions

•of clause

•(aa)after

SECTION Section 333

Untitled Section

•clause (a)

•u/S. 43 (1)

•Nil (aa) adjudicating officer or any

•officer authorised by him in this

•behalf;

SECTION Section 334

Untitled Section

15.Insertion

•of clause

(h)after

SECTION Section 335

Untitled Section

•clause (g)

•u/S. 53 (1)

•Nil (h) the manner of holding

•inquiry and imposing penalties

•by the adjudicating officer under

•sub-section (1) of section 39A;

2.126.1. As per the existing legal framework of the Act, at present, in case of any non -

•compliance or contravention of the provisions of the Air (Prevention and Control of Pollution)

•Act, 1981, or of the rules or directions issued under the Act, such as that of non -compliance

•of the provisions of the Section 21 and 22 of the Act or directions issu ed thereunder, the

•violator will be punishable with imprisonment for a term which shall not be less than six

•months but which may extend to six years and with fine. In case the failure continues, with

•an additional fine which may extend to five thousand ru pees for every day during such

•failure continues after the conviction of the first such failure. Further, if the violation

•continues beyond a period year, the offender shall be punishable with imprisonment for a

•term which shall not be less than two years but which may extend to seven years and with

fine.

2.127. Submissions by the Ministry:

2.127.1. In their background note, giving the rationale behind the proposed

•amendment, the Ministry have stated that:

(i)Imprisonment provision for minor violations not leading to any injury to human

•or damage to environment is not justifiable.

•132

•(ii) Imprisonment provision for many provisions in the first instance itself is also

•not justifiable. Criminal provisions many a times cause harassment to

•businesses and citizens for simple non-compliance.

•(iii) As per the available records/information, total 1737 Criminal Cases have been

•registered for violation of Environmental norms under EPA, 1986; Water Act,

•1974 and Air Act, 1981 o ver last three years i.e 2019 -2021. Out of which only

•total 39 people were actually convicted under the above said Acts.

•(iv) Courts were being needlessly burdened due to invoking of Section 15 of EPA,

•1986 on minor and procedural defaults.

2.127.2. Elaborating further, the Ministry have submitted that considering the above

•and experience gained in the implementation of the AIR ACT, 1981 over a period of 40

•years, it was observed that the criminal provisions contained in the existing Act neither act

•as a deterrent nor helps towards the cause of environment protection. Therefore, imposition

•of heavier penalties coupled with provisions of IPC, 1860 will act as a deterrent for habitual

violators.It is proposed that imprisonment for minor lapses shall be r eplaced with heavier

penalties.The amount of penalties to be imposed was fixed on the basis of the nature of

offence.As an outcome, the proposed amendment with heavier penalties shall at one hand

•act as a deterrent for violators and at other hand shall e ncourage a culture of self-regulation

•for serious players.

2.127.3. The Ministry have further informed that Inter-Ministerial Consultation (IMC) and

•Public Consultation (PC) was carried out through Public Notice published on website of

•MoEF&CC and in 61 newspapers PAN -INDIA. It was further informed that a total of 41

•comments/ suggestions were received from PC, 6 comments from IMC and 7 comments

•from States/UTs which were duly examined and incorporated, as deemed fit, in the

•proposed Bill.

2.127.4. Giving the salient features of the proposed amendments in Act, the Ministry

•have submitted that:

i.Penal provision mentioned under the Air (Prevention and Control of Pollution)

•Act, 1981 is proposed to be partially decriminalized by substituting it with penalty

•and additional penalty.

ii.Contravention or non -compliance of the provisions of the Air ( Prevention and

•Control of Pollution) Act, 1981 would be dealt with through imposing penalty

•through an Adjudicating Officer. However, violations under Section 21 of the Act,

•related to prior consent to establish / operate would attract criminal liability. The

•violations pertaining Section 22, 31A, 37, 38 and 39 are proposed to be dealt with

•through imposition of financial penalties replacing prosecution in the court of law.

iii.Appointment of an Adjudicating Officer is proposed for the purpose of determining

•the penalties under the Air (Prevention and Control of Pollution) Act, 1981.

•However, if the penalty and additional penalty, as the case may be, is not paid by

•the violator, criminal provision shall be applicable.

iv.Contravention of the provision s of the Air (Prevention and Control of Pollution)

•Act, 1981 by companies shall be covered under Section 39D and by Government

•Departments under section 38A respectively.

•133

v.The amount of penalty imposed by the Adjudicating Officer while adjudicating th e

•damage to environment shall be remitted to the Environmental Protection Fund

•created under the Environment (Protection) Act, 1986.

vi.However, if the penalty and additional penalty, as the case may be, is not paid by

•the violator, criminal provision shall be applicable.

vii.Any person aggrieved by the Order of the Adjudicating Officer may prefer an

•appeal before the Hon’ble National Green Tribunal as prescribed under section

39B.

viii.The Central Government through the proposed Amendment will be authorised to

•issue notification of exempting certain categories of Industries such as Green

•Industries / Non -Polluting Industries mandated to obtain prior Environmental

•Clearance under EIA Notification, from the requirement of obtaining prior consent

•before establishing / operating such industrial unit under section 21 of the Air

•(Prevention and Control of Pollution) Act, 1981.

ix.The Central Government has been authorised to prescribe guidelines on the

•matters related to the grant, refusal or cancellation of consent by any State Board

•to establish or operate any industrial plant in an air pollution control area,

•including the mechanism for time -bound disposal of the application made under

•the Air (Prevention and Control of Pollution) Act, 1981.

2.127.5. The Ministry in their background note have submitted that following

•benefits shall ensue through the proposed amendments:

(i)Proposed amendment will encourage self -regulation and create an

•atmosphere of trust based governance.

•(ii) By way of the instant proposed amendment bill, the concept of Adjudicating

•officer for dealing with defaulters has been proposed to be introduced. In doing

•so, the proposed bill will ease out the stress on the criminal justice system.

•(iii) Increased pe nalty amount will act as deterrent for law -abiding entrepreneurs

•which would ensure better compliance of laws while also promote better

•corporate management practices in their operations.

•(iv) Eliminates the fear of imprisonment on minor lapses. This reform will also send

•out a clear message to the law -abiding entrepreneurs and corporations at

•large, about the Government’s commitments to promote ease of doing

•business and ease of living in India.

(v)Efforts would boost foreign investments in India.

•134

2.128. Suggestions by the Committee:

2.128.1. After the briefing by the Ministry and clarifications on the amendments

•proposed to be made in the Air (Prevention and Control of Pollution) Act, 1981, specified at

•serial no. 21 of the Schedule to the Bill, the Committee decided to consider, inter alia, the

•following modifications during Clause-by-Clause consideration:

SECTION Section 336

Untitled Section

•Section 21 A: The opening portion of Section 21A be changed to be read as

•“Notwithstanding anything contained under this Act” instead o f

•Notwithstanding anything contained in this Act”.

SECTION Section 337

Untitled Section

•Section 39 A Sub-section (2) of section 39A, “in accordance with” shall be changed to

•“under the provisions of”.

•135

•The National Bank for Agriculture and Rural Development Act, 1981

•[Serial No. 22 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.129. Administering Ministry: Ministry of Finance

•[Department of Financial Services]

2.130. Purpose of the Act: To establish a development bank to be known as the

•National Bank for Agriculture and Rural Development for providing and regulating credit and

•other facilities for the promotion and development of agriculture small -scale industries,

•cottage and village industries, handicrafts and other rural crafts and other allied economic

•activities in rural areas with a view to promoting integrated rural development and securing

•prosperity of rural areas, and for matters connected therewith or incidental thereto.

2.131. Amendments proposed to the Act:

Sl.

No.

•Section

No.

•Existing Provision Provision, as amended in the

•Bill introduced in Lok Sabha

SECTION Section 338

Untitled Section

1.Section

•56 (2)

(2)If any person fails to produce

•any book, account or other

•document, or to furnish any

•statement or information which,

•under the provisions of this Act, it

•is his duty to produce or furnish,

•he shall be punishable with a fine

•which may extend to two

•thousand rupees in respect of

•each offence and in the case of a

•continuing failure, with an

•additional fine which may extend

•to one hundred rupees for every

•day during which the failure

•continues after conviction for the

•first such failure.

(2)If any person fails to produce

•any book, account or other

•document, or to furnish any

•statement or information which,

•under the provisions of this Act, it

•is his duty to produce or furnish,

•he shall be liable to pay a

•penalty which may extend to one

•lakh fifty thousand rupees in

•respect of each failure and in the

•case of a continuing failure, an

•additional penalty which may

•extend to seven thousand five

•hundred rupees for every day

•during which the failure continues

•after the first such failure.

SECTION Section 339

Untitled Section

2.Insertion

•of new

•sub-

•sections

•56(3) to

•56(7)

•Nil (3) For the purpose of adjudging

•penalty under sub -section (2), the

•National Bank shall serve notice

•on the person requiring it to show

•cause why the amount specified in

•the notice should not be imposed

•as a penalty and a reasonable

•opportunity of being heard shall

•also be given to such person.

(4)Any penalty imposed by the

•National Bank under this section

•shall be payable within a period of

•136

•fourteen days from the date on

•which notice issued by the

•National Bank demanding

•payment of the sum is served on

•the person and, in the event of

•failure of the person to pay the

•sum within such period, may be

•levied on a direction made by the

•principal civil court having

•jurisdiction in the area where the

•person is situated:

•Provided that no such direction

•shall be made to the court by the

•National Bank or by any officer

•authorized by the National Bank in

•this behalf.

(5)The co urt which makes a

•direction under sub -section (4)

•shall issue a certificate specifying

•the sum payable by the person

•and every such certificate shall be

•enforceable in the same manner

•as if it were a decree made by the

•court in a civil suit.

(6)No compla int shall be filed

•against any person in any court of

•law in respect of any

•contravention or default in respect

•of which any penalty has been

•imposed by the National Bank

•under sub-section (2).

(7)Where any complaint has been

•filed against any person in any

•court in respect of the

•contravention or default of the

•nature referred to in sub -section

(1)then, no proceedings for the

•imposition of any penalty on the

•person shall be taken under sub -

•section (2).

2.132. Submission by the Ministry:

2.132.1. The Department of Financial Services has proposed to amend sub -section (2)

•of Section 56 of the National Bank for Agriculture and Rural Development Act, 1981. The

•137

•proposal is to replace the existing provisions for imposition of a fine with a prov ision for

•imposition of a penalty to be levied by NABARD. In their background note, the Department

•has submitted that the offence under Section 56(2) relates to a failure to furnish document

•or information etc. Further, the Department has proposed conseq uential insertions in

SECTION Section 34

Untitled Section

31.Shri Masthan Rao Beeda

•iv

•SECRETARIAT

SECTION Section 340

Untitled Section

•Section 56 to provide for the manner of levying of penalty and recovery of penalty by the

NABARD.

2.133. Discussion in the sitting of the Committee:

2.133.1. During the sitting held on 6 th February, 2023, the representatives of the

•Department of Financial Services briefed the Committee on the proposed amendments.

•After their presentation, the Committee sought certain clarifications on varied terms used in

•the sub -sections proposed to be amended as well as inserted in the Nationa l Bank for

•Agriculture and Rural Development Act, 1981.

2.134. Suggestions by the Committee:

2.134.1. After the briefing and clarifications on the amendments proposed to be made

•in the National Bank for Agriculture and Rural Development Act, 1981, the Committee

•appreciated that the proposed amendment would reduce burden on the court because once

•the penalty has been paid under the proposed provisions, the matter rests there at least in

•respect of that failure. The Committee suggested that the Departme nt should look into the

•Deposit Insurance and Credit Guarantee Corporation Act, 1961 to provide for the similar

•provisions as made under the proposed sub -sections (6) and (7) in Section 56 of the

•National Bank for Agriculture and Rural Development Act, 1981.

2.134.2. After discussion, the Committee agreed, in principle, with the amendments

•proposed to the National Bank for Agriculture and Rural Development Act, 1981, specified at

•serial no. 22 of the Schedule to the Bill and decided to consider any furth er modifications, if

•required, during clause-by-clause consideration.

•138

•The Spices Board Act, 1986

•[Serial No. 23 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.135. Administering Ministry: Ministry of Commerce & Industry

•[Department of Commerce]

2.136. Purpose of the Act: The Act provide for the constitution of a Board for the

•development of export of spices and for

•the control of cardamom industry including the control of cultivation of cardamom and

•matters connected therewith

2.137. Amendments proposed in the Act:

Sl.

No.

•Section Existing Provisions Provisions as amended by the Bill

•introduced in Lok Sabha

•1 Section 27 27. Any person who –

(a)obstructs any member

•authorised by the Chairman in

•writing or any officer or other

•employee of the Board

•authorised by it in this behalf or

•any person authorised in this

•behalf by the Central

•Government of by the Board, in

•the exercise of any pow er

•conferred, or in the discharge or

•any duty imposed, on him by or

•under this Act; or

(b)having control over or

•custody of any account book or

•other record; fails to produce

•such book or record when

•required to do so by or under

•this Act.

•Shall be punishable with

•imprisonment which may extend

•to six months , or with fine

•which may extend to one

•thousand rupees, or with both.

SECTION Section 341

Untitled Section

27.Any person who –

(a)obstructs any member authorised

•by the Chairman in writing or any

•officer or other employee of the

•Board authorised by it in this

•behalf or any person authorised in

•this behalf by the Central

•Government of by the Board, in the

•exercise of any power conferred, or

•in the discharge or any duty

•imposed, on him by or under this Act;

•or

(b)having control over or custody of

•any account book or other record;

•fails to produce such book or record

•when required to do so by or under

•this Act.

•Shall be punishable with penalty

•which may extend to fifty

•thousand rupees and for

•subsequent offence penalty which

•may extend to one lakh rupees.

•2 Section 28 28(1) If any person contravenes

•any order made under section

•16, he shall be punishable with

•imprisonment for a term which

•may extend to six months, or with

•fine which may extend to one

•thousand rupees, or with both;

•Proposed for omission in the Bill, as

introduced.

•139

•and the property in respect of

•which the order has been

•contravened or such part thereof

•as the Court may deem fit, shall

•be forfeited to the Central

Government.

(2)Any person who attempt to

•contravene, abets the

•contravention of any order

•under section 16 shall be

•deemed to have contr avened

•that order.

•3 Section 29 29. If any person contravenes

•the provisions of section 11 or

•any order made under section

•17 he shall, without prejudice to

•any confiscation or penalty to

•which he may be liable under

•the provisions of the Customs

•Act, 1962, be punishable with

•imprisonment for a term which

•may extend to one year, or with

•fine which may extend to one

•thousand rupees, or with both.

SECTION Section 342

Untitled Section

29.If any person contravenes the

•provisions of sec tion 11 or any order

•made under section 17 he shall,

•without prejudice to any confiscation

•or penalty to which he may be liable

•under the provisions of the Customs

•Act, 1962, be punishable with penalty

•which may extend to fifty thousand

•rupees: provide d the penalty for

•subsequent offences by the same

•person may extend to one lakh

rupees.

•4 Section 30 30. Whoever contravenes

•or attempts to contravene or

•abets the contravention of the

•provisions of this Act or of any

•rules or regulations made there

•under other than the

•provisions, punishment for the

•contravention whereof has been

•provided for in section 26, 27,

•28 and 29, shall be

•punishable with

•imprisonment which may

•extent to six months , or with

•fine which may extend to one

•thousand rupees , or with both,

•and in the case of a continuing

•contravention with an additional

•fine which may extend to fifty

•rupees for every day during

•which such contravention

•continues after conviction for

•the first such contravention.

SECTION Section 343

Untitled Section

30.Whoever contravenes

•or attempts to contravene or abets

•the contravention of the provisions of

•this Act or of any rules or

•regulations made there under other

•than the provisions, punishment for

•the contravention whereof has been

•provided for in section 26, 27, 28

•and 29 , shall be punishable with

•penalty which may extend to fifty

•thousand rupees: provided the

•penalty for subsequent offences

•by the same person may extend to

•one lakh rupees.

•140

2.138. Submissions by the Ministry:

2.138.1. Elaborating on the need for the proposed amendments, t he Ministry in their

•background note submitted as under:

•“Spices Board Act, which is more than 35 years old, had provisions prescribing

•criminal penalties for offenses under the Act. Section 27, 28, 29 & 30 stipulates

•criminal penalty for contravention of provisions under various Sections of the Act.

•The criminal provisions were enacted during a period when restriction and regulation

•were the key words. Currently, there is a felt need to decriminalize the contravention

•of provisio ns under the Spices Board Act, with a view to facilitate ease of doing

•business and to enable trade and commerce in spices in a liberalized environment.

•Accordingly, amendments have been proposed, vide Sl. No 23 of the Jan Vishwas

•(Amendment of Provisions) Bill, 2022, to provisions under Section 27, 28, 29 & 30 of

•Spices Board Act, 1986. The ‘punishment with imprisonment’ provided under

•Sections 27, 29 & 30 has been proposed for substitution with civil penalty which may

•extend to fifty thousand rupees an d further to one lakh rupees, in the case of

•repeated offenses by the same person. Also, Section 28 of the Spices Board Act,

•which prescribed punishment of imprisonment for contravention of Section 16 of the

•Act (relating to Control of Price and Distribution of Cardamom) has been proposed for

•deletion, aiming at de-regulation and trade facilitation.

•The stakeholders benefitted by the amendments are spice exporters and growers,

•dealers & auctioneers of cardamom. As a step to facilitate ease of doing busin ess,

•only civil penalty is proposed for contraventions such as export of spices without a

•certificate, failure to produce books and records and any other contravention in the

•Spices Board Act 1986. An approximate number of spice exporters and dealers,

•auctioneers and growers of cardamom who will be benefitted are 7000, 730 and 1,10,

•000, respectively.

•Decriminalization of the provisions in the existing Act will facilitate ease of doing

•business and provide fair & equitable benefits to all stakeholders, t hereby ensuring

•that Spices Board acts as a facilitator rather than regulator of the sector and

•promotes faster growth and development of Spice sector, besides promoting export

•of spices in a liberalized environment. "

2.139. Suggestions by the Committee:

2.139.1. After the briefing by the representatives of the Ministry and clarifications on the

•amendments proposed to be made in the Spices Board Act, 1986, specified at serial no. 23

•of the Schedule to the Bill, the Committee decided to consider, inter a lia, the following

•modifications during Clause-by-Clause consideration.

SECTION Section 344

Untitled Section

•Section 26: Provisions in the act where only fine is currently prescribed, the

•same may also be converted to penalty.

SECTION Section 345

Untitled Section

•Section 30: For penalties in the proposed provisions an adjudication

•mechanism with appellate provisions may be provided .

•141

•The Environment (Protection) Act, 1986

•[Serial No. 24 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.140. Administering Ministry: Ministry of Environment, Forests and Climate

•Change

2.141. Purpose of the Act: The Environmental (Protection) Act, 1986 establishes the

•framework for studying, planning, and implementing long -term requirements of

•environmental safety and laying down a system of speedy and adequate response to

•situations threatening the environment. I t is an umbrella legislation designed to provide a

•framework for the coordination of Central and State authorities.

2.142. Amendments proposed to the Act:

S.

No.

•Sections Existing Provision Provisions as amended in

•the Bill introduced in Lok

•Sabha

•1 Insertion of

SECTION Section 346

Untitled Section

•clause (ca) after

SECTION Section 347

Untitled Section

•clause (c) in

SECTION Section 348

Untitled Section

•Section 2

•Nil (ca) “Fund” means the

•Environmental (Protection)

•Fund established under

SECTION Section 349

Untitled Section

•section 16;

•2 Section 10.--

•Powers of

•Entry and

•Inspection

(2)(2) Every person carrying on

•any industry, operation or

•process of handling any

•hazardous substance shall be

•bound to render all assistance

•to the person empowered by

•the Central Government under

•subsection (1) for carrying out

•the functions under that sub -

•section and if he fails to do so

•without any reasonable cause

•or excuse, he shall be guilty of

•an offence under this Act.

(3)

(4)(3) If any person willfully delays

•or obstructs any persons

•empowered by the Central

•Government under sub -section

(1)in the perfor mance of his

•functions, he shall be guilty of

•an offence under this Act.

(5)

(6)(4) The provisions of the Code

•of Criminal Procedure, 1973,

(2)Every person carrying on

•any industry, operation or

•process of handling any

•hazardous substance shall

•render assistance, as may be

•required, to the person

•empowered by the Central

•Government under sub -

•section (1) for carrying out the

•functions under that sub -

•section and if he fails to do so

•without any reasonable

•cause, he shall be liable to

•pay the penalty provided

•under section 14B.

(3)If any person willfully

•delays or obstructs any

•persons empowered by the

•Central Government under

•sub-section (1) in the

•performance of his functions

•under sub -sections (1) and

(2), he shall be liable to pay

•the penalty provided under

•142

•or, in relation to the State of

•Jammu and Kashmir, or an

•area in which that Code is not

•in force, the provisions of any

•corresponding law in force in

•that State or area shall, so far

•as may be, apply to any search

•or seizures under this section

•as they apply to any search or

•seizure made under the

•authority of a warrant issued

•under section 94 of the said

•Code or as the cas e may be,

•under the corresponding

•provision of the said law.

SECTION Section 35

Untitled Section

1.Shri Vinay Kumar Mohan - Joint Secretary

SECTION Section 350

Untitled Section

•section 14B.

(4)The provisions of the

•Code of Criminal Procedure,

•1973 (2 of 1974), shall, so far

•as may be, apply to any

•search or seizures under this

•section as they apply to any

•search or seizure made under

•the authority of a warrant

•issued under section 94 of

•that Code.

SECTION Section 351

Untitled Section

2.Insertion of new

SECTION Section 352

Untitled Section

•section

•14A after

SECTION Section 353

Untitled Section

•Section 14

•Nil 14A. Penalty for

•contravention of section 7 or

SECTION Section 354

Untitled Section

•section 8. - (1) If any person,

•contravenes provisions of

SECTION Section 355

Untitled Section

•section 7 or section 8 or

•orders or directions issued

•thereunder, he shall be liable

•to pay the penalty in respect

•of each such contravention or

•non-compliance, which shall

•not be less than one lakh

•rupees but which may extend

•to fifteen lakh rupees:

(2)Where any person

•continues contravention on

•non-compliance under sub -

•section (1), he shall be liable

•to pay an additional penalty

•of fifty thousand rupee s

•every day during which such

•contravention continues.

SECTION Section 356

Untitled Section

3.Insertion of

SECTION Section 357

Untitled Section

•section

•14B after

SECTION Section 358

Untitled Section

•Section 14A

•Nil 14B. Penalty for

•contravention of sections 9,

•10 and 11. -- (1) If any person

•contravenes or does not

•comply with section 9, section

•10 or section 11 or orders or

•directions issued under those

•sections, he shall be liable to

•pay the penalty in respect of

•each such contravention or

•non-compliance which shall

•not be less than ten thousand

•rupees and may extend to

•five lakh rupees:

•143

(2)Where any person

•continues contravention on

•non-compliance under sub -

•section (1), he shall be liable

•to pay an additional penalty

•of ten thousand rupees per

•day during which such

•contravention continues.”

SECTION Section 359

Untitled Section

4.Section 15

•Penalty for

•Contravention of

•the provisions of

•the A ct and the

•Rules, Orders

•and Directions

(1)Whoever fails to comply with or

•contravenes any of the

•provisions of this Act, or the

•rules made or orders or

•directions issued thereunder,

•shall, in respect of each such

•failure or contravention, be

•punishable with imprisonment

•for a term which may extend to

•five years with fine which may

•extend to one lakh rupees, or

•with both, and in case the

•failure or contravention

•continues, with additional fine

•which may extend to five

•thousand rupees for every day

•during which such failure or

•contravention continues after

•the conviction for the first such

•failure or contravention.

(2)If the failure or contravention

•referred to in sub -section (1)

•continues beyond a period of

•one year after the date of

•conviction, the offender shall be

•punishable with imprisonment

•for a term which may extend to

•seven years.

(1)Where any person

•contravenes or does not

•comply with any of the

•provisions of this Act, or the

•rules made or orders or

•directions issued thereunder,

•for which no penalty is

•provided, he shall be liable

•to pay the penalty in respect

•of each such contravention

•or non -compliance which

•shall not be less than five

•thousand rupees but which

•may extend to fifteen lakh

rupees.

(2)Where any person continues

•contravention or non -

•compliance under sub -

•section (1), he shall be liable

•to pay an additional penalty

•of ten thousand rupees for

•every day during which such

•contravention continues.

SECTION Section 36

Untitled Section

2.Shri H. Ram Prakash - Director

SECTION Section 360

Untitled Section

5.Insertion of

SECTION Section 361

Untitled Section

•section 15A

•Penalty for

•contravention

•by companies

•Nil 15A. Penalty for

•contravention by companies.

•– (1) Where any company

•contravenes any of the

•provisions of this Act, such

•company shall be liable to

•pay the penalty for each such

•contravention which shall not

•be less than one lakh rupees

•and may extend to fifteen lakh

rupees.

•144

(2)Where any company

•continues contravention on

•non-compliance under sub -

•section (1), the company

•shall be liable to pay an

•additional penalty of one

•lakh rupees every day during

•which such contravention

continues.

SECTION Section 362

Untitled Section

6.Insertion of

SECTION Section 363

Untitled Section

•section 15B

•Penalty for

•contravention

•by Government

Department.

•Nil 15B. Penalty for

•contravention by Government

Department.–

(1)Where contravention of

•any provision of this Act has

•been committed by any

•Department of the Central

•Government or the State

•Government, the Head of the

•Department shall be liable to

•pay the penalty equal to one

•month of his basic salary:

•Provided he shall not be

•liable for such contravention,

•if he proves that the

•contravention was committed

•without his knowledge or

•instructions or that he

•exercised all due diligence to

•prevent such contravention.

(2)Where any contravention

•under sub -section (1) is

•attributable to any neglect on

•the part of, any officer, other

•than the Head of the

•Department, such officer shall

•be liabl e to pay the penalty

•equal to one month of his

•basic salary:

•Provided that he shall not

•be liable for the

•contravention, if he proves

•that he exercised all due

•diligence to avoid such

contravention.

SECTION Section 364

Untitled Section

7.Insertion of

SECTION Section 365

Untitled Section

•section 15C

•Adjudicating

•Nil 15C. Adjudicating Officer. –

(1)The Central Government,

•for the purposes of

•determining the penalties

•145

•Officer

•under this Act, may appoint

•an officer not below the rank

•of Joint Secretary to the

•Government of India or a

•Secretary to the State

•Government to be the

•adjudicating officer, to hold an

•inquiry and to impose the

•penalty in the manner, as

•may be prescribed:

•Provided that the Central

•Government may appoint as

•many adjudicating officers as

•may be required.

(2)The adjudicating officer

•may-

(a)call upon any person

•alleged to have contravened

•or not complied with the

•provisions of this Act and the

•rules made thereunder or

•having the knowledge of the

•facts and circumstances of

•the case;

(b)require such person to

•produce any record, register

•or other document in his

•possession or any other

•document, which in the

•opinion of the adjudicating

•officer may be relevant to the

•subject-matter.

(3)The adjudicating officer

•shall, after giving the person a

•reasonable opportunity of

•being heard in the matter, and

•if, on such inquiry, he is

•satisfied that the person

•concerned has contravened

•or has not complied with the

•provisions of the Act or the

•rules made thereunder, he

•may impose such penalty as

•he thinks fit in accordance

•with the provisions of sections

•14A, 14B, 15, 15A or 15B, as

•the case may be.

(4)The adjudicating officer,

•146

•while adjudicating the

•quantum of penalty under

•sub-section (3), shall have

•due regard to the following,

•namely: -

(a)the population and the

•area impacted or affected due

•to such contravention or non -

•compliance;

(b)the frequency and

•duration of such

•contravention or non -

•compliance;

(c)the vulnerability of the

•class of persons likely to be

•adversely affected by such

•contravention or non -

•compliance;

(d)the damage caused or

•likely to be caused to any

•person, as a result of such

•contravention or non -

•compliance, if any;

(e)the undue gain derived out

•of such contravention or non -

•compliance; and

(f)any such other factor, as

•may be prescribed.

(5)The amount of penalty

•imposed under the provisions

•of section 14A, 14B, 15, 15A

•or 15B, as the case may be,

•shall be in addition to the

•liability to pay relief or

•compensation under section

•15 read with section 17 of the

•National Green Tribunal Act,

•2010 (19 of 2010)”.

SECTION Section 366

Untitled Section

8.Insertion of

SECTION Section 367

Untitled Section

•section 15D

Appeal.

•Nil 15D. Appeal. – (1) Any

•person aggrieved by the

•order, passed by the

•adjudicating officer under this

•Act may prefer an appeal to

•the National Green Tribunal

•established under section 3 of

•the National Green Tribunal

•Act, 2010 (19 of 2010).

(2)Every appeal under sub -

•147

•section (1) shall be filed within

•sixty days from the date on

•which the copy of the order

•made by the adjudicating

•officer is received by the

•aggrieved person.

(3)The National Green

•Tribunal may, after giving the

•parties to the appeal an

•opportunity of being heard,

•pass such order as it thinks

•fit, confirming, modifying or

•setting aside the order

•appealed against.

(4)Where an appeal is

•preferred against any order of

•the adjudicating officer under

•sub-section (1), such appeal

•shall not be entertained by

•the Tribunal unless such

•person has deposited with the

•Tribunal ten per cent. Of the

•amount of the penalty

•imposed by the adjudicating

officer.

SECTION Section 368

Untitled Section

9.Insertion of

SECTION Section 369

Untitled Section

•section 15E

•Penalty

•amount to be

•credited to

•Environmental

•(Protection)

Fund.

•Nil 15E. Penalty amount to be

•credited to Environmental

•Protection Fund. – Where

•any penalty or additional

•penalty, as the case may be,

•is imposed under section s

•14A, 14B, 15, 15A or 15B,

•the amount of such penalty

•shall be credited to the

•Environmental Protection

•Fund established under

SECTION Section 37

Untitled Section

3.Shri Rahul Singh - Deputy Secretary

SECTION Section 370

Untitled Section

•section 16.

SECTION Section 371

Untitled Section

10.Insertion of

SECTION Section 372

Untitled Section

•section 15F

•Offence for

•failure to pay

•penalty or

•additional

penalty.

•Nil 15F. Offence for failure to pay

•penalty or additional penalty.

•– (1) Where any person fails

•to pay the penalty or

•additional penalty, as the

•case may be, under

•sections 14A, 14B, 15, 15A

•or 15B within ninety days of

•such imposition, he shall be

•liable fo r imprisonment which

•148

•may extend to three years or

•with fine which may extend to

•twice the amount of the

•penalty or with both.

(2)Where any offence under

•sub-section (1) has been

•committed by a company,

•every person who, at the time

•the offence was committ ed,

•was directly in charge of, and

•was responsible to, the

•company for the conduct of

•the business of the company,

•as well as the company, shall

•be deemed to be guilty of

•such offence and he shall be

•liable to be proceeded against

•and punished accordingly:

•Provided that nothing

•contained in this sub -section

•shall render any such person

•liable to any punishment

•provided in sub -section (1), if

•he proves that the offence

•was committed without his

•knowledge or that he

•exercised all due diligence to

•prevent the commission of

•such offence.

(3)Notwithstanding anything

•contained in sub -section (2),

•where an offence has been

•committed by a company and

•it is proved that the offence

•has been committed with the

•consent or connivance of, or

•is attributable to any neglect

•on the part of, any director,

•manager, secretary or other

•officer of the company, such

•director, manager, secretary

•or other officer shall also

•deemed to be guilty of that

•offence and shall be liable to

•be proceeded against and

•punished accordingly.

Explanation.– For the

•purposes of this section, -

(a)“company” includes body

•149

•corporate, firm, trust, society

•and any other association of

•individuals;

(b)“director”, includes director

•of the company, partner of the

•firm, members of the society

•or tru st or member of any

•association of individuals, as

•the case may be.’.

SECTION Section 373

Untitled Section

13.Section 16 Offences by companies. —(1)

•Where any offence under this

•Act has been committed by a

•company, every person who, at

•the time the offence was

•committed, was directly in

•charge of, and was responsible

•to, the company for the conduct

•of the business of the company,

•as well as the company, shall be

•deemed to be guilty of the

•offence and shall be liable to be

•proceeded against and punished

•accordingly: Provided that

•nothing c ontained in this sub -

•section shall render any such

•person liable to any punishment

•provided in this Act, if he proves

•that the offence was committed

•without his knowledge or that he

•exercised all due diligence to

•prevent the commission of such

offence.

•Proposed for omission in the

•Bill, as introduced.

SECTION Section 374

Untitled Section

15.Insertion of

•“CHAPTER IIIA

•FUND,

•ACCOUNTS

•AND AUDIT”

•after Chapter III

•Nil “CHAPTER IIIA

•FUND, ACCOUNTS AND

•AUDIT

16.Environmental Protection

Fund.– (1) The Central

•Government may, by

•notification in the Official

•Gazette, establish a fund to

•be known as the

•Environmental Protection

Fund.

(2)There shall be credited to

•the Fund-

(a)the amount of penalty

•imposed under the Air

•(Prevention and Control of

•150

•Pollution) Act, 1981(14 of

•1981) and under this Act;

(b)the interest or other

•income received out of

•investments made from the

•Fund; and

(c)any other amount from

•such sources, as may be

prescribed.

(3)The Fund shall be applied

•for –

(a)the promotion of

•awareness, education and

•research for the protection of

•environment;

(b)the expenses for

•achieving the objects and for

•purposes of the Air

•(Prevention and Control of

•Pollution) Act 1981(14 of

•1981) and this Act;

(c)such other purposes,

•as may be prescribed.

(4)The Central Gov ernment

•shall notify the administrator

•for the administration of the

•Fund and other matters

•connected therewith and

•incidental thereto in such

•manner, as may be

prescribed.

(5)The Central Government

•shall allocate seventy - five

•percent of the amount of

•penalties to the State

•Governments or Union

•territory administration s,

•which has been credited to

•the Fund.

16A.Accounts and audit of

•the Fund. – (1) The Central

•Government shall maintain

•separate accounts and other

•relevant records in relation to

•the Env ironmental Protection

•Fund and prepare an annual

•151

•statement of accounts in such

•form, as may be prescribed,

•in consultation with the

•Comptroller and Auditor -

•General of India.

(2)The accounts of the Fund

•shall be audited by the

•Comptroller and Auditor –

•General of India at such

•intervals as may be specified

•by him and such audited

•accounts together with the

•audit report thereon shall be

•forwarded annually to the

•Central Government.

16B.Annual Report. - The

•Central Government shall

•prepare its annual report in

•relation to Environmental

•Protection Fund giving a full

•account of its activities

•define under this Act in such

•form, as may be prescribed,

•for each financial year during

•the previous financial year

•and forward a copy thereof,

•within four months from t he

•last date of the previous

•financial year, to the Central

•Government which shall

•cause the annual report and

•the audit report given by the

•Comptroller and Auditor -

•General of India to be laid

•before each House of

Parliament.”.

SECTION Section 375

Untitled Section

14.Section 17 Offences by Government

Departments.—(1) Where an

•offence under this Act has been

•committed by any Department of

•Government, the Head of the

•Department shall be deemed to

•be guilty of the offence and shall

•be liable to be proceeded

•against and punished

•accordingly: Provided that

•nothing contained in this section

•shall render such Head of the

•Proposed for omission in the

•Bill, as introduced.

•152

•Department liable to any

•punishment if he proves that the

•offence was committed without

•his knowledge or that he

•exercised all due diligence to

•prevent the commission of such

offence.

•16 Insertion of new

SECTION Section 376

Untitled Section

•clause (aa) after

SECTION Section 377

Untitled Section

•clause (a) in

SECTION Section 378

Untitled Section

•Section 19

•Nil (aa) adjudicating officer or

•any officer authorised by him

•in this behalf;

•17 Section 24 Effect of other laws. —(1)

•Subject to the provisions of sub -

•section (2), the provisions of this

•Act and the rules or orders made

•therein shall have effect

•notwithstanding anything

•inconsistent therewith contained

•in any enactment other than this

Act.(2) Where any act or

•omission co nstitutes an offence

•punishable under this Act and

•also under any other Act then

•the offender found guilty of such

•offence shall be liable to be

•punished under the other Act

•and not under this Act.

SECTION Section 379

Untitled Section

24.Effect of other laws. –

•The provisions of this Act

•and the rules or orders made

•thereunder shall have effect

•notwithstanding anything

•inconsistent therewith

•contained in any other law for

•the time being in force.

SECTION Section 38

Untitled Section

4.Ms. Maya Menon - Under Secretary

SECTION Section 380

Untitled Section

3.Insertion of

SECTION Section 382

Untitled Section

•Section

•25(2) after

SECTION Section 383

Untitled Section

•clause (g)

•Power to make

•Rules

•Nil (ga) the manner of holding

•inquiry and imposing penalty

•by the adjudicating officer

•under sub -section (1) and

•other factors for determining

•quantum of penalty under

SECTION Section 384

Untitled Section

•clause (f) of sub -section (4),

•of section 15C;

•(gb) the other amount under

SECTION Section 385

Untitled Section

•clause (c) of sub -section (2)

•of section 16;

•(gc) the other purposes

•under clause (c) of sub -

•section (3) of section 16;

•(gd) the manner of

•administration of Fund under

•sub-section (4) of section 16;

•(ge) form for maintenance of

•accounts of the Fund and for

•153

•preparation of annua l

•statement of accounts under

•sub-section (1) of section

•16A;

•(gf) form for preparing

•Annual Report

•of the Fund under section

•16B;

2.143. Submission by the Ministry:

2.143.1. In their background note, the Ministry have submitted that at present in case of

•any non-compliance or contravention of the provisions of the Environmental (Protection) Act,

•1986, or of the rules or directions issued under the said Act is being governed un der Section

•15 of the Act, the violator will be punishable with imprisonment up to five years or with a fine

•up to Rs. 1, 00,000, or with both. In case of continuation of such violation, an additional fine

•of up to Rs. 5,000 for every day during which such failure or contravention continues after

•the conviction for the first such failure or contravention will be levied. Further, if the violation

•continues beyond a period of one year after the date of conviction, the offender shall be

•punishable with imprisonment for a term which may extend to seven years.

2.143.2. Explaining the rationale behind the proposed amendments, the Ministry have

•submitted that:

(a)Imprisonment provision for minor violations not leading to any injury to human

•or damage to environment is not justifiable.

(b)Imprisonment provision for many provisions in the first instance itself is also

•not justifiable.

(c)Criminal provisions many a times cause harassment to businesses and

•citizens for simple non-compliance.

(d)As per the available records/information, total 1737 Criminal Cases have been

•registered for violation of Environmental norms under EPA, 1986; Water Act,

•1974 and Air Act, 1981 over last three years i.e 2019 -2021. Out of which only

•total 39 people were actually convicted under the above said Acts.

(e)Courts were being needlessly burdened due to invoking of Section 15 of EPA,

•1986 on minor and procedural defaults.

2.143.3. The Ministry have further submitted as under:

•“Considering the above and experience gained in the implementation of the EPA,

•1986 over a period of 36 years, it was observed that the criminal provisions contained

•in the existing Act neither act as a deterrent nor helps towards the cause of

•environment protection. Therefore, imposition of heavier penalties coupled with

•provisions of IPC, 1860 will act as a deterrent for habitual violators. It is proposed that

•imprisonment for minor lapses shall be replaced with heavier penalties. The amount

•of penalties to be imposed was fixed on the basis of the nature of offence. As an

•outcome, the proposed amendment with heavier penalties shall at one hand act as a

•deterrent for violators and at other hand shall encourage a culture of self -regulation

•for serious players.”

•154

2.143.4. The Ministry have also informe d the Committee thatInter -Ministerial

•Consultation (IMC) and Public Consultation (PC) was carried out through Public Notice

•published on website of MoEF & CC and in 61 newspapers PAN -INDIA. A total of 73

•comments/ suggestions were received from PC and 9 co mments from IMC which were duly

•examined and incorporated, as deemed fit, in the proposed bill.

2.143.5. Enumerating the salient features of the proposed amendments under the Act,

•the Ministry in their background note have submitted as under:

i.Penal provision mentioned under EPA, 1986 is proposed to be completely

•decriminalized by substituting it with penalty and additional penalty.

ii.The amount of penalty has been specified on the basis of the type and nature of

•the contravention of the provisions of EPA.

iii.Penalty for non -compliance of Section 7 & Section 8 dealing with discharging/

•emitting in excess and handling of hazardous substances respectively shall be

•covered under Section 14A with higher amount of penalty than contravention to

•other or provisions.

iv.Penalty for contravention of Section 9,10 & Section 11 dealing with furnishing of

•information, powers for entry and inspection and powers to take sample

•respectively shall be covered under Section 14B with lesser amount of penalty as

•compared to penalty for the contravention of Section 7&8.

V.In case of contravention of the rules or directions issued under the EPA for which

•no penalty has been provided the same shall be covered under Section 15.

vi.Contravention of the provisions of the EPA by Compani es shall be covered under

SECTION Section 386

Untitled Section

•Section 15A and by Govt departments under 15B respectively. Section 16&17

omitted.

vii.Appointment of Adjudicating Officer is proposed for the purpose of determining

•the penalties under EPA, 1986. However, if the penalty and ad ditional penalty, as

•the case may be, is not paid by the violator, criminal provision shall be applicable.

viii.Provision for creation and management of fund namely Environment (Protection)

•Fund is also proposed for collection as well as proper utilizat ion of fund collected

•from penalty.

ix.Any person aggrieved by the Order of the Adjudicating Officer may prefer an

•appeal before the Hon’ble National Green Tribunal as prescribed under section

15D.

2.143.6. Apprising the Committee regarding the benefi ts of the proposed reform, the

•Ministry have submitted that amendment of the Environmental (Protection) Act, 1986 shall

•achieve the following:

i.Proposed amendment will encourage self-regulation and create an

•atmosphere of trust based governance.

ii.By way of the instant proposed amendment bill, the concept of Adjudicating

•officer for dealing with defaulters has been proposed to be introduced. In doing

•so, the proposed bill will ease out the stress on the criminal justice system.

iii.Increased penalty amount will act as deterrent for law-abiding entrepreneurs

•which would ensure better compliance of laws while also promote better

•corporate management practices in their operations.

•155

iv.Eliminates the fear of imprisonment on minor lapses. This reform will also send

•out a clear message to the law-abiding entrepreneurs and corporations at

•large, about the Government’s commitments to promote ease of doing

•business and ease of living in India.

v.Efforts would boost foreign investments in India.

2.144. Discussion in the sitting of the Committee:

2.144.1. During the sitting held on 17 th January, 2023, the Committee sought

•clarifications on the reasons for insertion of adjudicating officer to Section 19 of the Act

•relating to Cognizance of offence. In this regard the Ministry clarified that when the person

•who has been imposed with the pe nalty and he refuses to pay penalty, then it becomes a

•criminal offence for which prosecution has to be filed by somebody.

2.144.2. In this regard, representative from the Legislative Department (Ministry of Law

•& Justice) further clarified as under:

•“No court shall take cognizance of an offence unless a complaint is filed by

somebody.So, we are only enabling the Adjudicating Officer or any other officer.”

2.145. Suggestions by the Committee:

2.145.1. After discussion and clarifications on the amendments proposed to be made in

•the Environmental (Protection) Act, 1986 , specified at serial no. 24 in the Schedule to the

•Bill, the Committee decided to consider, inter alia, the following modifications during Clause-

•by-Clause consideration.

SECTION Section 387

Untitled Section

•Section 15 : Penalty amount may be increased from five thousand to ten

thousand.

•156

•The National Housing Bank Act, 1987

•[Serial No. 25 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.146. Administering Ministry: Ministry of Finance

•[Department of Financial Services]

2.147. Purpose of the Act: To establish a bank to be known as the National

•Housing bank to operate as a principal agency to promote housing finance institutions both

•at local and regional levels and to provide financial and other sup port to such institutions

•and for matters connected therewith or incidental thereto.

2.148. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision, as amended by the

•Bill introduced in Lok Sabha

SECTION Section 388

Untitled Section

1.Insertion of

•new Section

•33C

•Nil 33C. Power to take action against

auditors.– Where any auditor

•fails to comply with any direction

•given or order made by the

•National Housing Bank or the

•Reserve Bank under section 33,

•the Reserve Bank may, if

•satisfied, remove or debar the

•auditor from exercising the duties

•as auditor of any of the Reserve

•Bank regulated entities for a

•maximum period of three years,

•at a time.”

SECTION Section 389

Untitled Section

2.Section 49(2) If any person fails to produce

•any book, account or other

•document, or to furnish any

•statement or information which,

•under the provisions of this Act,

•it is his duty to produce or

•furnish, he shall be punishable

•with fine which may extend to

•two thousand rupees in respect

•of each offence and in the case

•of a continuing failure, with an

•additional fine which may extend

•to one hundred rupees for every

•day during which the failure

•continues after conviction for the

•first such failure.

•Proposed for omission in the Bill,

•as introduced.

SECTION Section 39

Untitled Section

5.Shri Dinesh Kumar - Executive Officer

SECTION Section 390

Untitled Section

3.Section

•49(2B)

•If any auditor fails to comply with

•any direction given or order

•made by the National Housing

•Proposed for omission in the Bill,

•as introduced.

•157

•Bank or the Reserve Bank

•under section 33, he shall be

•punishable with fine which may

•extend to five thousand rupees.

SECTION Section 391

Untitled Section

4.Section

•49(3)(aa)

•If any person other than an

•auditor–

•(aa) fails to comply with any

•direction given or order made by

•the National Housing Bank or

•the Reserve Bank under any of

•the provisions of Chapter V; or

•Proposed for omission in the Bil l,

•as introduced.

SECTION Section 392

Untitled Section

5.Section 49(4) If any other provision of this Act

•is contravened or if any default

•is made in complying with any

•other requirement of this Act, or

•of any order, regulation or

•direction made or given or

•condition imposed thereunder,

•any person guilty of such

•contravention or default shall be

•punishable with fine which may

•extend to two thousand rupees

•and where a contravention or

•default is a continuing one, with

•further fine which may extend to

•one hundred rupees for every

•day, after th e first, during which

•the contravention or default

continues.

•Proposed for omission in the Bill,

•as introduced.

SECTION Section 393

Untitled Section

6.Section 52A

•(Marginal

•Heading)

•Power of National Housing Bank

•and Reserve Bank to impose

fine.-

•Power of National Housing Bank

•and Reserve Bank to impose

penalty.-

SECTION Section 394

Untitled Section

7.Section

•52A(1)

(1)Notwithstanding anything

•contained in section 49, if the

•contravention or default of the

•nature referred to in the said

•section is committed by a

•housing finance institution which

•is a company, the National

•Housing Bank or the Reserve

•Bank, as the case may be, may

•impose on such company—

(a)a penalty not exceeding five

•thousand rupees; or

(b)where the contravention or

(1)Notwithstanding anything

•contained in section 49, if the

•contravention or default of the

•nature referred to in the said

•section is committed by a housing

•finance institution which is a

•company, the National Housing

•Bank or the Reserve Bank, as the

•case may be, may impose on

•such company—

(a)a penalty not exceeding

•twenty-five thousand rupees; or

(b)where the contravention or

•158

•default is under sub-section (2A)

•or clause (a) or clause (aa) of

•sub-section (3) of t hat section, a

•penalty not exceeding five lakh

•rupees or twice the amount

•involved in such contravention

•or default, where the amount is

•quantifiable, whichever is more;

•and where such contravention

•or default is a continuing one,

•further penalty which may

•extend to twenty -five thousand

•rupees for every day, after the

•first, during which the

•contravention or default

continues.

•default is under sub -section (2A)

•or clause (a) of sub -section (3) of

•that section, a penalty not

•exceeding ten lakh rupees or

•twice the amount involved in such

•contravention or default, where

•the amount is quantifiable,

•whichever is more; and where

•such contravention or default is a

•continuing one, further penalty

•which may extend to one lakh

•rupees for every day, after the

•first, during which the

•contravention or default

continues.

SECTION Section 395

Untitled Section

8.Insertion of

•new sub -

•sections

•Nil (1A) If any person or housing

•finance institution which is a

•company fails to produce any

•book, account or other document,

•or to furnish any statement or

•information, which, under the

•provisions of this Act, is the duty

•of such person or housing

•finance institution to produce or

•furnish, the National Housing

•Bank or the Reserve Bank, as the

•case may be, may impose on

•such person or housing finance

•institution, a penalty not

•exceeding one lakh fifty thousand

•rupees in respect of each

•contravention or default and

•where such contravention or

•default is a continuing one, further

•penalty which may extend to

•seven thousand five hundred

•rupees for every day, after the

•first, during which the

•contravention or default

continues.

•(1B) If any auditor fails to comply

•with any direction given or or der

•made by the National Housing

•Bank or the Reserve Bank under

SECTION Section 396

Untitled Section

•section 33, the National Housing

•Bank or the Reserve Bank, as the

•case may be, may impose on

•such person a penalty not

•159

•exceeding ten lakh rupees.

•(1C) If any person (other than an

•auditor) or housing finance

•institution which is a company

•fails to comply with any direction

•given or order made by the

•National Housing Bank or the

•Reserve Bank under any of the

•provisions of Chapter V, the

•National Housing Bank or the

•Reserve Bank, as the case may

•be, may impose on such person

•or housing finance institution, a

•penalty not exceeding ten lakh

•rupees or twice the amount

•involved in such contravention or

•default, where the amount is

•quantifiable, whichever is more;

•and where such contravention or

•default is a continuing one, further

•penalty which may extend to one

•lakh rupees for every day, after

•the first, during which the

•contravention or default

continues.

•(1D) If any other provision of this

•Act is contravened or if any

•default is made in complying with

•any other requirement of this Act,

•or of any order, regulation or

•direction made or given or

•condition imposed thereunder,

•the National Housing Bank or the

•Reserve Bank, as the case may

•be, may impose on any person or

•housing finance institution whi ch

•is a company, guilty of such

•contravention or default, a penalty

•not exceeding one lakh rupees in

•respect of each contravention or

•default and where such

•contravention or default is a

•continuing one, further penalty

•which may extend to ten

•thousand rupe es for every day,

•after the first, during which the

•contravention or default

continues.”;

•160

SECTION Section 397

Untitled Section

9.Section

•52A(2)

(2)For the purpose of imposing

•penalty under sub -section (1),

•the National Housing Bank or

•the Reserve Bank, as the case

•may be, shall serve a not ice on

•the housing finance institution

•which is a company requiring it

•to show cause why the amount

•specified in the notice should

•not be imposed as a penalty and

•a reasonable opportunity of

•being heard shall also be given

•to such housing finance

institution.

(2)For the purpose of imposing

•penalty under this section , the

•National Housing Bank or the

•Reserve Bank, as the case may

•be, shall serve a notice on the

•person or housing finance

•institution which is a company

•requiring to show cause why the

•amount specified in the notice

•should not be imposed as a

•penalty and a reasonable

•opportunity of being heard shall

•also be given to such person or

•housing finance institution.

SECTION Section 398

Untitled Section

10.Section

•52A(3)

(3)Any penalty imposed by the

•National Housing Bank or the

•Reserve Bank, as the case may

•be, under this section shall be

•payable within a period of thirty

•days from the date on which

•notice issued by the National

•Housing Bank or the Reserve

•Bank, as the c ase may be,

•demanding payment of the sum

•is served on the housing finance

•institution which is a company

•and, in the event of failure of

•such housing finance institution

•to pay the sum within such

•period, may be levied on a

•direction made by the principal

•civil court having jurisdiction in

•the area where the registered

•office or the head office of such

•housing finance institution is

•situated:

•Provided that no such direction

•shall be made, except on an

•application made by an officer of

•the National Housing Bank or

•the Reserve Bank, as the case

•may be, authorised in this

•behalf, to the principal civil

court.

(3)Any penalty imposed by the

•National Housing Bank or the

•Reserve Bank, as the case may

•be, under this section shall be

•payable within a period of thi rty

•days from the date on which

•notice issued by the National

•Housing Bank or the Reserve

•Bank, as the case may be,

•demanding payment of the sum is

•served on the person or

•housing finance institution

•which is a company and, in the

•event of failure of such person or

•housing finance institution to

•pay the sum within such period,

•may be levied on a direction

•made by the principal civil court

•having jurisdiction in the area

•where such person ordinarily

•resides or, as the case may be,

•the registered office or the head

•office of such housing finance

•institution is situated:

•Provided that no such direction

•shall be made, except on an

•application made by an officer of

•the National Housing Bank or the

•Reserve Bank, as the case may

•be, authorised in this behalf, to

•the principal civil court.

•161

•11 Section

•52A(4)

(4)The court which makes a

•direction under sub -section (3),

•shall issue a certificate

•specifying the sum payable by

•the housing finance institution

•which is a company and every

•such certificate shall be

•enforceable in the same manner

•as if it were a decre e made by

•the court in a civil suit.

(4)The court which makes a

•direction under sub -section (3),

•shall issue a certificate specifying

•the sum payable by the person

•or the housing finance institution

•which is a company, as the case

•may be, and every such

•certificate shall be enforceable in

•the same manner as if it were a

•decree made by the court in a

•civil suit.

2.149. Submission by the Ministry:

2.149.1. The Department of Financial Services has proposed to amend Section 49 and

SECTION Section 399

Untitled Section

•Section 52A of the National Housing Bank Act, 1987 and insertion of Section 33C in the Act.

•In their background note, the Department of Financial Services has stated that sub -sections

(2), (2B), (3) and (4) of Section 49 of the Act currently provide for imposition of a fine and

SECTION Section 4

Untitled Section

•Chapter III Clause by Clause consideration of the Jan Vishwas

•(Amendment of Provisions) Bill, 2022

•252-362

•APPENDICES

I.Motion in Lok Sabha for reference of the Bill to the

•Joint Committee

•363-364

II.Motion in Rajya Sabha for reference of the Bill to the

•Joint Committee

•365

III.Details of the sittings of the Joint Committee on the

•Jan Vishwas (Amendment of Provisions) Bill, 2022

•366-370

IV.List of Official witnesses who tendered oral evidence

•before the Committee

•371-375

V.Notes and Minutes of Dissent 376-391

VI.Minutes of the sittings 392-436

•ANNEXURE

•BILL AS REPORTED BY THE JOINT COMMITTEE 1-57

•ii

•COMPOSITION OF THE JOINT COMMITTEE ON

•THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•SHRI P.P. CHAUDHARY – HON'BLE CHAIRPERSON

•LOK SABHA

SECTION Section 40

Untitled Section

6.Ms. Vandana - Executive Officer

•v

•INTRODUCTION

•I, the Chairperson of the the Joint Committee on the Jan Vishwas

•(Amendment of Provisions) Bill, 2022 to which 'The Jan Vishwas (Amendment

•of Provisions) Bill, 2022' was referred, having been authorized to submit the

•Report on their behalf, present this Report with the Bill, as reported by the Joint

•Committee annexed thereto.

SECTION Section 400

Untitled Section

•Section 52A provides for the power of the National Housing Bank and the Reserve Bank of

•India to impose a penalty. The proposal is to amend the said sub -sections of Section 49 by

•omitting them from Section 49 and suitably inserting them in Section 52A, thereby replacing

•the provision of imposition of fine with provision for imposition of penalty by the National

•Housing Bank and the Reserve Bank of India. Thes e offences under Section 49 pertain to

•certain procedural lapses related to failure to produce any book, accounts or other

•document, failure to furnish any information etc. and, therefore, these can be brought under

•the purview of Section 52A of the Act. Section 33C is also proposed to be inserted in the

•Act on the lines of similar provisions available in the Reserve Bank of India Act, 1934 as

•consequential amendments in view of decriminalizing the offence of failure by auditors to

•comply with directions b y their debarment or removal. Besides bringing the aforesaid

•provisions made under Section 49, consequential amendments have also been incorporated

•in Section 52A of the Act to enable the National Housing Bank or the Reserve Bank of India,

•as the case may be, to impose penalty for such violations.

2.150. Discussion in the sitting of the Committee:

2.150.1. The Committee held thorough discussions on the proposed amendments

•during their sitting held on 6 th February, 2023. On a query raised by the Commi ttee whether

•the expression “under the provisions of this Act” in Section 49(2) of the Act include any

•direction or orders issued under any rules and regulations. The representative from the

•Department clarified that the aforesaid expression is only in re spect of the National Housing

•Bank Act, 1987. The Committee was also of the view that the Companies Act, 2013 should

•be checked up if any such provision is present therein. The Committee then proceeded to

•observe that the penalty comes only from the main provisions of the statute and not from the

•rules made thereunder.

2.150.2. As regards the newly incorporated Section 33C, the Committee raised their

•concern whether removal or debarring of an auditor of any of the Reserve Bank regulated

•entities on his failure to comply with any direction or order of the National Housing Bank or

•162

•the Reserve Bank of India only on the satisfaction of the Reserve Bank is a sufficient

•safeguard to impose penalty and a stigma on the auditors. The Committee felt that such a

•provision will not stand the judicial scrutiny when a reasonable opportunity of hearing is not

•being afforded. Accordingly, the words “if satisfied” in the proposed Section should be

•suitably replaced for the auditors should be given a reasonable opportun ity of being heard

•by the Regulator in order to be able to present their case rather than simply being debarred

•on mere satisfaction of the Regulator.

2.151. Suggestions by the Committee:

2.151.1. After comprehensive deliberations and clarifications o n the amendments

•proposed to be made in the National Housing Bank Act, 1987,specified at serial no. 25 of

•the Schedule to the Bill, the Committee concurred with most of the amendments proposed

•and decided to consider inter alia the following modifications during clause -by-clause

•consideration:

(i)Section 33C: The expression “if satisfied” under the section shall be replaced

•suitably with the expression “reasonable opportunity of being

heard.”

•163

•The Motor Vehicles Act, 1988

•[Serial No. 26 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.152. Administering Ministry: Ministry of Road Transport and Highways

2.153. Purpose of the Act: The Motor Vehicles Act, 1988 (MV Act, 1988) governs

•practically all elements of road transport vehicles. It covers all areas covered by the Act’s

•provisions, such as traffic laws, vehicle insurance, motor vehicle registration, controlling

•permits, and penalties.

2.154. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision as amended in the

•Bill introduced in Lok Sabha

SECTION Section 401

Untitled Section

1.Section

•192A

192A.Using vehicle without

permit.—

(1)Whoever drives a motor

•vehicle or causes or allows a

•motor vehicle to be used in

•contravention of the provisions of

•sub-section (1) of section 66 or in

•contravention of any condition of a

•permit relating to the route on

•which or the area in which or th e

•purpose for which the vehicle may

•be used, shall be punishable for

•the first offence with imprisonment

•for a term which may extend to six

•months and a fine of ten thousand

•rupees and for any subsequent

•offence with imprisonment which

•may extend to one ye ar but shall

•not be less than six months or

•with fine of ten thousand rupees

•or with both:

192A.Using vehicle without

permit.—

(1)Whoever drives a motor

•vehicle or causes or allows a

•motor vehicle to be used in

•contravention of the provisions of

•sub-section (1) of section 66 or in

•contravention of any condition of

•a permit relating to the route on

•which or the area in which or the

•purpose for which the vehicle

•may be used, shall be punishable

•for the first offence with

•imprisonment for a term which

•may extend to six months or a

•fine of ten thousand rupees, or

•with both and for any

•subsequent offence with

•imprisonment which may extend

•to one year but shall not be less

•than six months or with fine of

•ten thousand rupees or with both:

•Provided that the court may for

•reasons to be recorded, impose a

•lesser punishment.

•Proposed for omission in the Bill,

•as introduced.

SECTION Section 402

Untitled Section

2.Section

•200

SECTION Section 403

Untitled Section

200.Composition of certain

offences.-- (1) Any offence

•whether committed before or after

•the commencement of this Act

•punishable under section 177,

SECTION Section 404

Untitled Section

•section 178, section 179, section

•180, section 181, section 182,

SECTION Section 405

Untitled Section

200.Compounding of

offences.- (1) Any offence

•whether committed before or

•after the commencement of this

•Act, punishable under section

•177, section 177A, section 178,

SECTION Section 406

Untitled Section

•section 179, section 180, section

•164

•sub-section (1) or sub -section (3)

•or sub-section (4) of section 182A,

SECTION Section 407

Untitled Section

•section 182B, subsection (1) or

•sub-section (2) of section 183,

SECTION Section 408

Untitled Section

•section 184 only to the extent of

•use of handheld communication

•devices, section 186, section 189,

•subsection (2) of section 190,

SECTION Section 409

Untitled Section

•section 192, section 192A, sectio n

•194, section 194A, section 194B,

SECTION Section 41

Untitled Section

2.The Jan Vishwas (Amendment of Provisions) Bill, 2022 was introduced in

•Lok Sabha on 22 December 2022 . The Motion for reference of the Bill to a

•Joint Committee of both the Houses of Parliament was moved in Lok Sabha on

•22 December 2022 by Shri Piyush Goyal, Minister of Commerce and Industry,

•Consumer Affairs, Food and Public Distribution and Textiles (Vide Appendix-I)

•and concurred by the Rajya Sabha on 23 December 2022 (Vide Appendix-II).

3.As per the motion moved in the House, t he Report of the Joint

•Committee on the Jan Vishwas (Amendment of Provisions) Bill, 2022 is to be

•presented to Lok Sabha by the last day of the first week of the second part of

•the Budget Session, 2023 of Parliament.

4.Keeping in view the importance of the Bill, its w ide ranging implications

•including 183 amendments across 42 Acts administered by 19 Ministries, with

•limited time available to examine the subject in detail, the Committee had

•briefing by the representatives of the respective Departments/Ministries, which

•were administering these Acts, on various amendments proposed to 42 Acts

•mentioned in the Schedule to the Bill.

5.The Committee held nine sittings in all. In the first sitting, a general briefing

•giving overall view of objective and rationale behind br inging this legislation

•was made by the representatives of DPIIT. In the subsequent six sittings, the

•vi

•concerned Ministries/Departments were called for briefing on various

•amendments proposed to the enactments specified in the Bill. They heard the

•views of concerned Ministries/Department. The Committee held two sittings for

SECTION Section 410

Untitled Section

•section 194C, section 194D,

SECTION Section 411

Untitled Section

•section 194E, section 194F,

SECTION Section 412

Untitled Section

•section 196, section 198, may

•either before or after the institution

•of the prosecution, be

•compounded by such officers or

•authorities and for such amount

•as the Sta te Government may, by

•notification in the Official Gazette,

•specify in this behalf:

•181, section 182, sub -section (1)

•or sub -section (3) or sub -section

(4)of section 182A, section

•182B, subsection (1) or sub -

•section (2) of section 183,

SECTION Section 413

Untitled Section

•section 184 to the extent of use

•of handheld communication

•devices, se ction 186, section

•189, subsection (2) of section

•190, section 192, section 192A,

•sub-section (3) of section 192B,

SECTION Section 414

Untitled Section

•section 194, section 194A,

SECTION Section 415

Untitled Section

•section 194B, section 194C,

SECTION Section 416

Untitled Section

•section 194D, section 194E,

SECTION Section 417

Untitled Section

•section 194F, section 196,

SECTION Section 418

Untitled Section

•section 198 and section 201,

•may, either before or after the

•institution of the prosecution, be

•compounded by such officers or

•authorities and for such amount

•as the State Government may,

•by notification in the Official

•Gazette, specify in this behalf.

SECTION Section 419

Untitled Section

3.Insertion

•of new

•proviso

•in

SECTION Section 42

Untitled Section

•Clause by Clause consideration of the Bill . Details of the sittings of the Joint

•Committee are at Appendix- III.

SECTION Section 420

Untitled Section

•Section

•215(3)

•Nil Provided that the Central

•Government may, by notification

•in Official Gazette, constitute

•District Road Safety Committee

•for such district in such State,

•where the State Government has

•not constituted the Committee

•consisting of a Chairm an and

•such other members as it

•considers necessary and on such

•terms and conditions as it may

determine.

2.155. Submissions by the Ministry:

2.155.1. As regards the guiding criteria followed while reviewing the Act, the

•background note of the Ministry of Road, Transport and Highways stated that the various

•provisions of the MV Act, 1988, containing imprisonment were also reviewed in consultation

•with States/UTs. It was found that provisions are required to be retained for being unique t o

•the MV Act and for being essential to create a deterrent against various offences and to also

•ensure road safety. As an alternative, some provisions are being made compoundable

•through amendment of Section 200 of MV Act.

2.155.2. The Ministry of Road T ransport and Highways have identified following

•provisions for insertion in Section 200, for making them compoundable:

•165

i.Section 177A- Penalty for contravention of regulations under section 118.

ii.Sub-section (3) of Section 192B- Offences relating to registration.

iii.Section 201- Penalty for causing obstruction to free flow of traffic.

2.155.3. It further mentioned that the Section 192A of the MV Act, 1988 was identified

•as an anomaly. Section 192A (1) prescribes fine of Rs. 10,000 ‘and’ imprisonment up to 6

•months, for first offence, and fine of 10,000 ‘and/or’ imprisonment of 6 months to 1 year, for

•subsequent offence. Therefore, the said provision is being amended to replace “and” with

•“and/or” for the penalty prescribed for the first offence. This amendmen t further rectifies the

•issue that Section 192A (1) of the MV Act although mentioned as a compoundable offence,

•could not be compounded due to the said anomaly. Section 215 of the MV Act, 1988

•provides for Road Safety Councils and Committees. The sub -clause 3 of the said provision

•is being amended to empower the Central Government to establish Road Safety

•Committees only in the event the concerned State Government fails to.

2.156. Discussion in the sitting of the Committee:

2.156.1. During the deliberati ons, the Secretary, Ministry of Road Transport and

•Highways informed the Committee about the constitution of State and District level Road

•Safety Committees. The Ministry informed that a concurrent Power is being given to the

•Central Government under Sect ion 215 (3) to constitute road safety Councils and

•Committees by adding a Provision.

2.156.2. The Committee in this regard pointed out differences in the language of the

•Section in the Bill presented in the House and the Statement of Amendments being

•produced before the Committee. The Secretary, Ministry of Road Transport and Highways

•stated that essence is similar though the wordings may differ and committed to correct the

inconsistency.

2.157. Suggestions of the Committee:

2.157.1. After detailed disc ussions and clarifications on the amendments proposed to

•be made in the Motor Vehicles Act, 1988, specified at serial no. 26 of the Schedule to the

•Bill, the Committee decided to consider, inter alia, the following modifications during Clause-

•by-Clause consideration:

(i)The existing marginal heading of Section 200 should be retained.

•(ii) Under Section 215, the new proviso proposed to be inserted should read like as

•under:

•“Provided that the Central Government may, by notification in the Official Gazette,

•constitute District Road Safety Committee for such district in such State, where

•the State Government has not constituted a District Road Safety Committee

•under sub -section (3). Provided further that where the Central Government

•constitutes a District Road Safety Committee, it shall consist of a Chairman and

•such other members as the Central Government considers necessary and shall

•be constituted on such terms and conditions as the Central Government may

determine.”

•166

•The Railways Act, 1989

•[Serial No. 27 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.158. Administering Ministry: Ministry of Railways

2.159. Purpose of the Act: The Act provides in detail the legislative provisions

•regarding railway zones, construction and maintenance of works, passenger and employee

services.

2.160. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision as amended in the Bill

•introduced in Lok Sabha

SECTION Section 421

Untitled Section

1.144 Prohibition on

•hawking, etc., and

•begging :-

(2)If any person begs

•in any railway carriage

•or upon a railway

•station, he shall be

•liable for punishment

•as provided under sub-

•section (1).

•Prohibition on hawking, etc., and

begging.—

(1)If any person canvasses for any

•custom or hawks or exposes for sale any

SECTION Section 422

Untitled Section

•article whatsoever in any railway carriage

•or upon any part of a railway, except

•under and in accordance with the terms

•and conditions of a licence granted by the

•railway administration in this behalf, he

•shall be punishable with imprisonment for

•a term which may extend to one year, or

•with fine which may extend to two

•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, such punishment shall not be less

•than a fine of one thousand rupees.

(2)No person shall be permitted to beg

•in any railway carriage or upon any

•part of the railway.

(3)Any person referred to in sub -section

(1)or sub -section (2) may be removed

•from the railway carriage or any part of

•the railway or railway station, as the case

•may be, by any railway servant

•authorised in this behalf or by any other

•person whom such railway servant may

•call to his aid.

•167

2.161. Submissions by the Ministry:

2.161.1. The Ministry of Railways in their background note have informed that the

•Ministry seeks to amend Section 144(2) which deals with prohibition on hawking etc.

•and begging. The Section 144(2) of Railways Act criminalizes begging with a penalty

•of a term which may extend to one year or with fine which may extend to two

•thousand rupees or with both with a proviso that in the absence of special and

•adequate reasons to the contrary to be mentioned in the judgment of the court,

•such punishment shall not be less tha n a fine of one thousand rupees. It is like being

•penalized for being poor and destitute. Therefore, the Ministry seeks to decriminalize

•begging by modifying Section 144(2).

2.161.2. As regards the exact number of times aforesaid criminal provision has

•been invoked , the Ministry in their background note provided the following statistics:

(a)The number of cases registered under Section 144(2) of the Railway Act

•proposed to be decriminalized is 16391 during the year 2022 (Up to November

•2022).

(b)There are vario us other criminal punishment provisions for various offences

•on the railways which have been provided in the "Railways Act, 1989" and

•"Railway Property (Unlawful Possession) Act, 1966" as amended from time to

•time besides the Section 144(2) of the Railway Act, which are invoked from

•time to time.

(c)There is no provision (Zero '0') in the "Railways Act, 1989" and "Railway

•Property (Unlawful Possession) Act 1966" which has not been invoked at any

•point of time.

(d)Further, the exact data on the number of cases r egistered under various

•sections of both the above mentioned Acts is as under:

S.No. Act Number of cases in given

•period

•2021 2022 (upto

•October)

SECTION Section 423

Untitled Section

1.Railway Property (Unlawful

•Possession) Act 1966 4,647 5,038

SECTION Section 424

Untitled Section

2.Railways Act, 1989 4,19,5.16 5,88,720

•Total 4,24,163 5,93,758

2.161.3. Other provisions for criminal punishment which are provided in the

•"Railways Act, 1989" and "Railway Property (Unlawful Possession) Act, 1966" as

•amended from time to time, are essential to ensure that there is a deterrent.

•168

2.162. Discussion in the sitting of the Committee:

2.162.1. During the sitting the Committee held on 07.02.2023, the Committee enquired

•if the Ministry has examined the other provisions of the Act relating to minor offences under

SECTION Section 425

Untitled Section

•section 137 to 182 which can be decriminalised. The Committee in this regard sought to

•understand the rationale of imprisonment for petty offences like fraudulently travelling or

•travelling without ticket or crowding platforms without platform tickets. The Commi ttee

•suggested that in such offences, imprisonments may be changed into penalties as these

•would have a greater deterrent effect in checking the menace. The representatives of the

•Railway Board apprised the Committee as under:

•“सर , वह चीज छोटी लग सकती है। But it can cause major disruption to the train

•operations, and passenger safety.

•……..सर , इसको तो हम लोगों ने ररव्यू के ललए ददया है। िाकी जो हैं, उसमें तीन मेजर

•कैटेगरीज़ ऑफेंसेज़ के हैं, जजसमें पैसेंजर की सेफ्टी, रेन की सेफ्टी है। It can cause even

•major accidents if you do not control these offences. Trespassing on tracks and other

things.These concern with running the railway safely, ensuring the passengers

•safety, ensuring the safety of the women who are travelling on the trains, and

•ensuring the safet y of children who are there. So, all that is involved. ककस तरह का

•खाना सवष हो रहा है, उस तरह की चीजें भी हैं।”

2.162.2. The Committee further enquired about the provisions for tackling of repeat

•offenders, the representatives apprised as under:

•“सर , िहुत िार ऐसा होता है कक लोग हजार रुपये भी फाइन देने के ललए तैयार नहीं होते हैं।

•मैंने ख ुद भी हजारों िार दटकट च ेककंग की है। कई लोग कहते हैं कक हम पैसा नहीं दे सकते

•हैं। हमारे नहीं देंगे , हमारे पास नहीं है। हम उन को कुछ घंटे के ललए रख लेते हैं, उसके िाद

•फाइनली शाम तक हम उनको छोड़ ही देते हैं। कुछ तो डडटरेंट करना ही पड़ेगा न , वरना हम

•कफर दटकट भी न लें। कुछ तो डडटर करना पड़ेगा।“

2.163. Suggestions by the Committee:

2.163.1. After detailed discussions with the representatives of the Ministry of Railways,

•the Committee agreed, in principle, with the amendments proposed to the Indian Railways

•Act, 1989, specified at Serial No. 27 of the Schedule to the Bill. However, the Commi ttee

•directed that the Ministry of Railways shall go through the Act once again and find out other

•provisions in the Act which can be decriminalized. The Committee decided to consider the

•Act during Clause-by-Clause consideration.

•169

•The Public Liability Insurance Act, 1991

•[Serial No. 28 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.164. Administering Ministry: Ministry of Environment, Forests and Climate

•Change

2.165. Purpose of the Act: The Public Liability Insurance (PLI) Act, 1991 was enacted

•with the objective of providing relief to the victims of accidents that might occur while

•handling hazardous substances. The owner who has control over handling hazardous

•substances is required und er the Act to take an insurance policy and pay matching amount

•to Environment Relief Fund established under the act.

2.166. Amendments proposed to the Act:

Sl.

No.Section No. Existing Provision Provisions as amended by the

•Bill introduced in Lok Sabha

SECTION Section 426

Untitled Section

1.Section 2.

•Definitions

•(New

•Definitions

•are proposed

•in the Bill)

SECTION Section 427

Untitled Section

•clause (ha)

•shall be

•renumbered

•as (hb) and

•new clause be

•inserted as

•(ha)

•and

SECTION Section 428

Untitled Section

•clause (k)

•shall be

•inserted after

SECTION Section 429

Untitled Section

•clause (j)

•Nil (ha) “property” includes any

•private property or public property

•affected or damaged by any unit

•or undertaking, due to

•manufacture, processing,

•treatment, package, storage,

•transportation, use, collection,

•destruction, conversion, transfer

•or such other processes of

•hazardous substance;

(k)words and expressions used

•and not defined in this Act but

•defined in the Transfer of Property

•Act, 1882 (4 of 1882) and the

•Environment Protection Act,1986

•(29 of 1986) shall have the

•meanings respectively assigned to

•them in those Acts.

SECTION Section 43

Untitled Section

6.The Committee, in their tenth sitting held on 13 March, 2023, consider ed

•and adopted the draft report and authorized the Chairperson to present the

•report on their behalf. The Committee also decided that one copy of the

•proceedings of the sittings of the Committee may be placed in the Parliament

•Library, after the Report has been presented to Parliament, for reference by

•the Members of Parliament. The Bill, as reported by the Joint Committee, is

•appended after the Report.

SECTION Section 430

Untitled Section

2.Section 3:

•Liability to

•give relief

•in certain

•cases on

(1)Where death or injury to

•any person (other than a

•workman) or damage to any

•property has resulted from an

•accident, the owner shall-be

(1)Where death or injury to any

•person (other than a workman) or

•damage to any property has

•resulted from an accident, the

•owner shall be liable to

•170

•principle of

•no fault. -

•liable to give such relief as is

•specified in Schedule for such

•death, injury or damage.

•reimburse such amount, or

•provide such other relief as may

•be prescribed, for-

a.death due to fatal accident;

b.medical expenses incurred

•due to total or partial

•disability;

c.loss of wages due to partial

•disability;

d.other injury or sickness;

e.damage to private

•property; or

f.any such other loss or

•damage, as may be

prescribed.

SECTION Section 431

Untitled Section

3.Section 4:

•Duty of

•owner to

•take out

•insurance

policies.-

(1)Every owner shall take out,

•before he starts handling any

•hazardous substance, one or

•more insurance policies

•providing for contracts of

•insurance whereby he is

•insured against liability to give

•relief under sub -section (1) of

SECTION Section 432

Untitled Section

•section 3;

•Provided that any owner

•handling any hazardous

•substance immediately before

•the commencement of this Act

•shall take out such insurance

•policy or policies as soon as

•may be and in any case withi n

•a period of one year from such

commencement.

(1)Every owner of

•any undertaking shall take out,

•before he starts handling any

•hazardous substance, one or

•more insurance policies for such

•undertaking or unit providing fo r

•contracts of insurance whereby

•he is insured against liability to

•give such relief or reimburse

•such amount referred to in sub -

•section (1) of section 3.

Explanation.- For the purposes

•of this sub -section, it is hereby

•clarified that any undertaking

•having separate consent to

•operate under-

i.the Water (Prevention and

•Control of Pollution) Act,

•1974 (6 of 1974); and

ii.the Air (Prevention and

•Control of Pollution) Act,

•1981 (14 of 1981),

•shall be treated as a separate

•unit:

•Provided that any owner

•handling any hazardous

•substance immediately before the

•commencement of the Jan

•Vishwas (Amendment of

•Provisions) Act, 2022, shall take

•out such insurance policy or

•policies as soon as may be and in

•171

•(2A) No insurance policy taken

•out or renewed by an owner

•shall be for an amount less than

•the amount of the paid -up

•capital of the undertaking

•handling any hazardous

•substance and owned or

•controlled by that owner, and

•more than the amount, not

•exceeding fifty crore rupees, as

•may be prescribed.

•(Explanation. -For the purpose

•of this sub -section, "paid-up

•capital" means in the case of

•an owner not being a

•company, the market value of

•all assets and stocks of the

•undertaking on the date of

•contracts of insurance.)

•any case within a period of one

•year from commencement of that

Act.

•(2A) An insurance policy taken out

•or renewed by an owner for any

•undertaking or unit shall be for an

•amount which shall not be less

•than the amount of the paid -up

•capital of that undertaking or unit

•handling an y hazardous

•substance owned or controlled by

•that owner and may extend to

•such amount as may be

•prescribed but not exceeding five

•hundred crore rupees.

Explanation.— For the purposes

•of this sub -section, “paid -up

•capital”, in relation to an owner

•not be ing a company, means the

•market value of all assets and

•stocks of the undertaking on the

•date of contract of insurance.’.

SECTION Section 433

Untitled Section

4.Section 6:

•Application

•for claim for

relief.–

•Insertion of

•new sub -

•section (1A)

•after sub -

•section (1)

•Nil

•(1A) Where any damage has been

•caused to any public property or

•private property due to

•manufacture, processing,

•treatment, package, storage,

•transportation, use, collection,

•destruction, conversion, transfer

•or such other processes, of such

•hazardous substance, an

•application for claim for restoration

•of the property may be made by

•the owner of the property or such

•other person, as may be

•prescribed, to the Collector.

SECTION Section 434

Untitled Section

5.Insertion of

•new sub -

•section (9)

•in existing

SECTION Section 435

Untitled Section

•Section 7

•NIL (9) Where the environment is

•affected or damaged due to

•manufacture, processing,

•treatment, package, storage,

•transportation, use, collection,

•destruction, conversion, transfer

•or such other processes, of such

•hazardous substance, the Central

•Government ma y, on an

•application made by Central

•172

•Pollution Control Board or the

•State Pollution Control Board, as

•the case may be, allocate the fund

•for restoration of the damage so

•caused in the manner as may be

prescribed.

SECTION Section 436

Untitled Section

6.Insertion of

•new sub -

•section (1A)

•under

SECTION Section 437

Untitled Section

•Section 7A

•NIL (1A) There shall be credited to

•the Relief Fund established

•under sub-section (1)-

a.the amount as prescribed in

•sub-section (2C) of section

•4;

b.the amount of penalty

•imposed under this Act;

c.the interest or other income

•received out of investments

•made from the Fund; and

d.any other amount from

•such sources, as may be

prescribed.

SECTION Section 438

Untitled Section

7.Section 14.

•Penalty for

•contraventi

•on

SECTION Section 439

Untitled Section

1.Whoever contravenes

•any of the provisions of 1 [sub -

•section (1) or sub -section (2)

•or sub -section (2A) or sub -

•section (2C)] of section 4 or

•fails to comply with any

•direction issued under section

•12, he shall be punishable with

•imprisonment for a term whic h

•shall not be less than one year

•and six months but which may

•extend to six years, or with fine

•which shall not be less than

•one lakh rupees, or with both.

SECTION Section 44

Untitled Section

7.The Committee wish to express their thanks to the representatives of the

•Ministries/Departments of Agriculture and Farmers Welfare; Commerce;

•Consumer Affairs; Defence; Economic Affairs; Financial Services; Food and

•Public Distribution; Health & Family Welfare; Posts; Department for Promotion

•of Industry and Internal Trade; Information and Broadcas ting; Ports, Shipping

•and Waterways; Railways; Electronics and Information Technology;

•Environment, Forest and Climate Change; Housing and Urban Affairs; Road

•Transport and Highways; Statistics and Program Implementation; Revenue;

•and Ministry of Law a nd Justice (Legislative Department and Department of

•Legal Affairs), who appeared before the Committee and placed their

•considered views to the points raised by the Committee during examination of

•the Bill.

SECTION Section 440

Untitled Section

2.Whoever, having

•already been convicted of an

•offence under sub -section (1),

•is convicted for the s econd

•offence or any offence

•subsequent to the second

•offence, he shall be punishable

•with imprisonment for a term

•which shall not be less than

•two years but which may

•extend to seven years and with

•fine which shall not be less

•than one lakh rupees.

SECTION Section 441

Untitled Section

3.Nothing contained in

SECTION Section 442

Untitled Section

•section 360 of the Code of

•Criminal Procedure, 1973 (2 of

(1)Where any person

•contravenes any of the

•provisions of sub -section (1),

•sub-section (2), sub -section (2A)

•or sub -section (2C) of section 4,

•he shall be liable to pay the

•penalty equal to the amount of

•annual premium for insurance

•policy and may extend up to

•twice the amount of such

premium.

(2)Where contravention under

•sub-section (1) continues, an

•additional penalty may be

•imposed by the adjudicating

•officer, which shall not exceed

•the amount of premium to be

•paid, for each month or part

•thereof during whi ch the

•contravention continues.

•173

•1974), or in the Probation of

•Offenders Act, 1958 (20 of

•1958), shall apply to a person

•convicted of an offence under

•this Act unless such person is

•under eighteen years of age.

SECTION Section 443

Untitled Section

8.Section 15.

•If any owner fails to comply

•with direction issued under

SECTION Section 444

Untitled Section

•section 9 or fails to comply with

•order issued under sub -section

(2)of section 11, or obstructs

•any person in discharge of his

•functions under section 10 or

•sub-section (1) or sub -section

(3)of section 11, he shall be

•punishable with imprisonment

•which may extend to three

•months, or with fine which may

•extend to ten thousand rupees,

•or with both.

SECTION Section 445

Untitled Section

15.Penalty for non-compliance

•of directions. - (1) Where any

•person does not comply with any

•directions issued under section

•12, he shall be liable to pay a

•penalty which shall not be less

•than ten thousand rupees but

•which may extend to fifteen lakh

rupees.

(2)Where any person continues

•non-compliance under sub -

•section (1), he shall be liable to

•pay an additional penalty to be

•imposed by the adjudicating

•officer, which shall not be less

•than ten thousand rupees every

•day during which such non -

•compliance continues.

(3)Where any owner does not

•comply with direction issued

•under section 9 or obstructs any

•person in discharge of his

•functions under section 10 or

•under sub-sections (1), (2) or (3)

•of section 11, he shall be liable to

•pay penalty which shall not be

•less than ten thousand rupees

•but which may extend to fifteen

•lakh rupees.

(4)Where any person continues

•non-compliance under sub-section

(3), he shall be liable to pay an

•additional penalty of ten thousand

•rupees for every day during which

•such non-compliance continues.

SECTION Section 446

Untitled Section

9.Insertion of

•new Section

•15A

•Nil 15A. Adjudicating Officer. -

(1)The Central Government, for

•the purposes of determining the

•penalties under sections 14 and

•15, may appoint the District

•174

•Magistrate having jurisdiction over

•the area or an officer not below

•the rank of Di rector to the

•Government of India or an officer

•not below the rank of Joint

•Secretary to the State

•Government, to be the

•adjudicating officer, to hold an

•inquiry in the manner, as may be

•prescribed and to impose the

•penalty:

•Provided that the Central

•Government may appoint as

•many adjudicating officers

•as may be required.

(2)The adjudicating officer may

•summon and enforce the

•attendance of any person

•acquainted with the facts and

•circumstances of the case to give

•evidence or to produce any

•document, which in the opinion of

•the adjudicating officer, may be

•useful for, or relevant to, the

•subject-matter of the inquiry and if,

•on such inquiry, he is satisfied that

•the person concerned has failed to

•comply with the provisions of sub -

•section (1), sub -section (2), sub -

•section (2A) or sub-section (2C) of

SECTION Section 447

Untitled Section

•section 4 and section 12, he may

•determine such penalty as he

•thinks fit in accordance the

•provisions of sections 14 and 15:

•Provided that no such penalty

•shall be imposed without giving

•the person concer ned an

•opportunity of being heard in the

matter.

•10 Insertion of

•new Section

•15B

15B.Appeal. (1) Any person

•aggrieved by the order, passed by

•the adjudicating officer under

SECTION Section 448

Untitled Section

•section 14 or 15, may prefer an

•appeal to the National Green

•Tribunal established under section

•3 of the National Green Tribunal

•Act, 2010 (19 of 2010).

•175

(2)Every appeal under sub -

•section (1) shall be filed within

•sixty days from the date on which

•the copy of the order made by the

•adjudicating officer is received by

•the aggrieved person.

(3)The National Green Tribunal

•may, after giving the parties to the

•appeal an opportunity of being

•heard, pass such order as it thinks

•fit, confirming, modifying or setting

•aside the order appealed against.

(4)Where an appeal is preferred

•against any order of the

•adjudicating officer under sub -

•section (1), such appeal shall not

•be entertained by the Tribunal

•unless such person has

•deposited with the Tribunal ten

•per cent of the amount of the

•penalty imposed by the

•adjudicating officer.

SECTION Section 449

Untitled Section

11.Section 16.

•Offences by

•Companies

SECTION Section 45

Untitled Section

8.The Committee take this opportunity to express their deep appreciation

•to the officials of DPIIT for coordination with all other Departments/Ministries

•and also the officials of the Legislative Department for providing valuable

•inputs during the deliberations of the Joint Committee. The Committee woul d

•vii

•also like to acknowledge and place on record the appreciation of the

•Committee to the sincere and devoted efforts made by the Officers of Lok

•Sabha Secretariat by facilitating conduct of all the sittings of the Committee

•smoothly and for preparing the dr aft Report of the Committee within the time

•given to the Committee.

P.P. Chaudhary,

•Chairperson,

•Joint Committee on the Jan Vishwas

•(Amendment of Provisions) Bill, 2022

•Dated: 13 March 2023

•Place: New Delhi

•1

SECTION Section 450

Untitled Section

1.Where any offence under

•this Act has been committed by

•a company, every person who,

•at the time the offence was

•committed, was directly in

•charge of, and was responsible

•to, the company for the conduct

•of the business of the company,

•as well as the company , shall

•be deemed to be guilty of the

•offence and shall be liable to be

•proceeded against and

•punished accordingly:

•Provided that nothing

•contained in this sub -section

•shall render any such person

•liable to any punishment

•provided in this Act, if he

•proves that the offence was

•committed without his

•knowledge or that he exercised

•all due diligence to prevent the

•commission of such offence.

SECTION Section 451

Untitled Section

2.Notwithstanding anything

•contained in sub -section (1),

•Proposed for omission in the Bill,

•as introduced.

•176

•where an offence under this Act

•has been committed by a

•company and it is proved that

•the offence has been

•committed with the consent or

•connivance of, or is attributable

•to any neglect on the part of,

•any director, manager,

•secretary or other officer of t he

•company, such director,

•manager, secretary or other

•officer shall also be deemed to

•be guilty of that offence and

•shall be liable to be proceeded

•against and punished

accordingly.

Explanation.—For the

•purposes of this section, —

(a)“company” means a nybody

•corporate and includes a

•firm or other association of

•individuals;

(b)“director,” in relation to a

•firm, means a partner in the

firm.

SECTION Section 452

Untitled Section

12.Section 17.

•Offences by

•Govern-ment

•Depart-

•ments

•Where an offence under this

•Act has been committed by

•any Department of

•Government, the Head of the

•Department shall be deemed

•to be guilty of the offence and

•shall be liable to be proceeded

•against and punished

•accordingly:

•Provided that nothing

•contained in this section shall

•render such Head of the

•Department liable to any

•punishment if he proves that

•the offence was committed

•without his knowledge or that

•he exercised all due diligence

•to prevent the commission of

•such offence.

SECTION Section 453

Untitled Section

17.Penalty for contravention by

•Government Department. --

(1)Where contravention of any

•provision of this Act has been

•committed by any Department of

•the Central Government or State

•Government, the Head of the

•Department shall be liable to pay

•the penalty equal to one month of

•his basic salary.

•Provided that he shall not be

•liable for such contravention, if he

•proves that the contravention was

•committed without his knowledge

•or instructions or that he exercised

•all due diligence to prevent such

contravention.

(2)Where any contra vention

•under sub -section (1) is

•attributable to any neglect on the

•part of, any officer, other than the

•Head of the Department, he shall

•be liable to pay the penalty equal

•177

•to one month of the his basic

•salary:

•Provided that he shall not be

•liable for the contravention, if he

•proves that he exercised all due

•diligence to avoid such

contravention.

SECTION Section 454

Untitled Section

13.Insertion of

•new Sections

•Nil

17A.Penalty amount to be

•credited to Environmental Relief

Fund.-Where any penalty or

•additional penalty, as the case

•may be, is imposed under section

•14 or section 15 or section 17, the

•amount of such penalty shall be

•credited to the Environmental

•Relief Fund established under

SECTION Section 455

Untitled Section

•section 7A.

17B.Offence for failure to pay

•the penalty or additional

penalty.- (1) Where any person

•fails to pay the penalty or

•additional penalty imposed for -

a.contravention or continued

•contravention under sections

•14 or 17, as the case may be;

•or

b.non-compliance of the

•directions issued under

SECTION Section 456

Untitled Section

•section 15,

•within ninety days of such

•imposition, he shall be liable for

•imprisonment which may extend to

•three years or with fine which may

•extend up to fifteen lakh rupees

•or with both.

(2)Where any offence under sub -

•section (1) has been committed by

•a company, every person who, at

•the time the offence was

•committed, was directly in charge

•of, and was responsible to, the

•company for the conduct of the

•business of the company, as well

•as the company, shall be deemed

•to be guilty of such offence and

•shall be liable to be proceeded

•against and punished accordingly:

•178

•Provided that nothing

•contained in this sub -section

•shall render any such person

•liable to any punishment

•provided in this Act, if he proves

•that the offence was

•committed without his

•knowledge or that he exercised

•all due diligence to prevent the

•commission of such offence.

(3)Notwithstanding anything

•contained in sub -section (2),

•where an offence under this Act

•has been committed by a

•company and it is proved that the

•offence has bee n committed with

•the consent or connivance of, or is

•attributable to any neglect on the

•part of, any director, manager,

•secretary or other officer of the

•company, such director, manager,

•secretary or other officer shall also

•be deemed to be guilty of that

•offence and shall be liable to be

•proceeded against and punished

accordingly.

Explanation.—For the

•purposes of this section,—

(a)“company” means any

•body corporate and includes

•a firm or other association of

•individuals;

(b)“director,” in relation to a

•firm, means a partner in the

firm.’

SECTION Section 457

Untitled Section

14.Section 23.

•Power to

•make rules

(a)the maximum amount for

•which an insurance policy may

•be taken out by an owner

•under sub -section (2A) of

SECTION Section 458

Untitled Section

•section 4;

(a)such amount under sub -

•section (2A) of section 4;

SECTION Section 459

Untitled Section

15.Insertion of

•new clauses

•after clause

(e)in Section

•(ea) amount or relief and any

•other loss or damage under sub -

•section (1) of section 3;

•(eb) such other person under sub -

•179

•23 section (1A) of section 6;

•(ec) manner of allocation of fund

•for restoration of damage under

•sub-section (9) of section 7;

•(ed) any other amount from other

•sources under clause (d) of sub -

•section (1A) of section 7A;

•(ee) manner of holding inquiry

•under sub -section (1) of section

•15A;

SECTION Section 46

Untitled Section

•CHAPTER I

•Objectives, Necessity and Scope

SECTION Section 460

Untitled Section

16.THE

•SCHEDULE

•THE SCHEDULE

•[See section 3(1)]

i.Reimbursement of medical

•expenses incurred up to a

•maximum of Rs. 12,500 in

•each case.

ii.For fatal accidents the

•relief will be Rs. 25,000

•per person in addition to

•reimbursement of medical

•expenses if any, incurred

•on the victim up to a

•maximum of Rs. 12,500.

iii.For permanent total or

•permanent partial disability

•or other injury or sickness,

•the relief will be (a)

•reimbursement of medical

•expenses incurred, if any,

•up to a maximum of Rs.

•12,500 in each case and

(b)cash relief on the basis

•of percentage of

•disablement as certified by

•an authorised physician.

•The relief for total

•permanent disability will be

Rs.25,000.

iv.For loss of wages due to

•temporary partial disability

•which reduces the earning

•capacity of the victim,

•there will be a fixed

•monthly relief not

•exceeding Rs. 1,000 per

•month up to a maximum of

•3 months: provided the

•victim has been

•hospitalised for a period

•exceeding 3 days and is

•Proposed for omission in the Bill,

•as introduced.

•180

•above 16 years of age.

v.Up to Rs. 6,000 depending

•on the actual damage, for

•any damage to private

•property

2.167. Submission by the Ministry:

2.167.1. As per the existing legal framework, the Public Liability Insurance Act

•prescribes for mandatory Insurance policy for certain category of Industries and

•compensation for non -working population living in vicinity of the Industry in case of any

accident.The Central Government, by notification, established a fund to be known as the

•Environmental Relief Fund. An Environmental Relief Fund was created through matching

•contribution by industries as the premium. The application for relief is to be made by the

•affected person to Collector based on the damage caused, like death, loss of employment,

•injury etc. The accumulated fund is about Rs.1000 crore till now, however, no claim of relief

•has been made under this act till date and hence the need of amendment was f elt. Whoever

•contravenes any of the provisions shall be punishable with imprisonment for a term which

•shall not be less than one year and six months but which may extend to six years, or with

•fine which shall not be less than one lakh rupees, or with both. In case of continuation of

•such violation, shall be punishable with imprisonment for a term which shall not be less than

•two years but which may extend to seven years and with fine which shall not be less than

•one lakh rupees. If any owner fails to comply with direction issued or for any non -

•compliances shall be punishable with imprisonment which may extend to three months, or

•with fine which may extend to ten thousand rupees, or with both.

2.167.2. As regards the rationale behind the proposed amendments , the Ministry have

•stated that:

SECTION Section 461

Untitled Section

1.The proposed amendment will help in substantial progress of the Nation on

•account of the fact that India has now been recognized as an emerging and

•powerful economy in the world.

SECTION Section 462

Untitled Section

2.Elimination of the penal provisions under the PLI Act, 1991, will ameliorate fear of

•imprisonment and in case of any non -compliance or contravention of the

•provisions of the PLI Act, 1991 or of the rules or directions issued under the said

•Act, the violator will be punished through financial penalty and not jail term.

SECTION Section 463

Untitled Section

3.The proposed amendment will provide conducive business environment for the

•industries dealing with hazardous chemicals.

SECTION Section 464

Untitled Section

4.Also, the public affected by any accident will be provided swift and reasonable

•compensation by the proposed amendments. The amount of relief is sought to be

•made commensurate with the extent of damage done and also with the inflation.

SECTION Section 465

Untitled Section

5.The quantum of premium of the policy will be revised keeping in view the inflation

index.The amendments will also widen the scope of the act and provide for

•allocation of fund from ERF for restoration of public property and environment.

SECTION Section 466

Untitled Section

6.The Schedule containing the quantum of the compensation has been omitted

•from the Act and will be notified in the Rules so as to ensure flexibility in revision.

SECTION Section 467

Untitled Section

7.As an outcome, the proposed amendment with heavier fines shall at one hand act

•as a deterrent for violators and at other hand shall encourage a culture of self -

•regulation for serious players.

•181

2.167.3. The Ministr y also informed the Committee that Inter -Ministerial Consultation

•(IMC) and Public Consultation (PC) were carried out through Public Notice published on

•website of MoEF&CC and in 82 newspapers PAN -INDIA. A total of 17 comments/

•suggestions were received fr om PC and 6 comments from IMC which were duly examined

•and incorporated, as deemed fit, in the proposed bill.

2.167.4. Enumerating the salient features of the proposed amendments in the Act, the

•Ministry have inter-alia stated as under:

SECTION Section 468

Untitled Section

1.The violatio ns of various provisions of PLI act will not attract prosecution. Only

•non-payment of penalty/additional penalty will attract criminal liability.

SECTION Section 469

Untitled Section

2.Provisions for substantial penalty will be introduced for contravention and non -

•compliance of the provisions in place of imprisonment.

SECTION Section 47

Untitled Section

1.Objectives of the Jan Vishwas (Amendment of Provisions) Bill, 2022

1.1. The Jan Vishwas (Amendment of Provisions) Bill, 20221 was introduced in Lok Sabha

•on 22nd December, 2022. It seeks to amend 183 provisions across 42 Acts administered by

•19 Ministries to reduce the compliance burden on individuals and businesses with the twin

•objectives of ease of doing business and ease of living for the citizens . The Bill has been

•piloted by the Department for Promotion of Industry and Internal Trade, Ministry of

•Commerce and Industry, Government of India after the respective Ministries had detailed

•discussions with industry bodies and key stakeholders across different sect ors on the Acts

•enforced by them. The Bill proposes a number of changes to the existing laws, including but

•not limited to: (a) decriminalizing various offences; (b) revision of various fines and

•penalties; (c) appointment of Adjudicating Officers; (d) establishment of Appellate

•Authorities; and (e) increase in the fines and penalties periodically. The Bill offers scope

•and horizon to identify areas for reforms and improve the local business environment as well

•as easing the lives of individuals simultaneously.

1.2. The exercise of reducing compliance burden on businesses and citizens has been

•initiated with the goal of ensuring a hassle-free and seamless service delivery to the ultimate

beneficiary.Through the Jan Vishwas (Amendment of Provisions) Bill, 2022 ,

•decriminalization is being proposed to be achieved in the following ways:

(i)both imprisonment and/or fine are proposed to be removed;

•(ii) imprisonment is proposed to be removed and fine retained/enhanced;

•(iii) imprisonment and/or fine are proposed to be converted to penalty; and

•(iv) compounding of offences is proposed to be introduced.

1.3. Decriminalising certain offences : Under the Jan Vishwas (Amendment of

•Provisions) Bill, 2022, several offences with an imprisonment term in certain Acts have been

•proposed to be decriminalised by imposing only a monetary penalty. For example, under the

•1 The Bill was published in the Gazette of India, Extraordinary, Part -II, Section 2 dated 22nd December, 2022

•2

•Cinematograph Act, 1952, there is an imprisonment for a term which may extend upto three

•years if any person fails to notify to any film distributor o r exhibitor about the title, length of

•the film or number and nature of the certificate granted for the film, etc. in the manner

•prescribed by the Act. The Bill now proposes to replace this with a monetary penalty of five

•lakh rupees. Similarly, u nder th e Agricultural Produce (Grading and Marking) Act, 1937,

•counterfeiting of grade designation marks is punishable with imprisonment for a term

•extending upto three years and a fine extending up to five thousand rupees. The Bill

•proposes to replace this with a penalty of eight lakh rupees.

1.4. Fine and Penalty differentiated: In certain Acts, offences have been decriminalised

•by imposing a penalty instead of a fine. For instance, under the Patents Act, 1970, a

•person selling a falsely represented articl e as patented in I ndia is subject to a fine of up to

•one lakh rupees. The Bill replaces the fine with a penalty, which may extend up to ten lakh

•rupees and in case of continuing contravention, there shall be an additional penalty of one

•thousand rupees per diem.

1.5. Revision of fines and penalties : The Jan Vishwas (Amendment of Provisions) Bill,

•2022 also proposes to increase the fines and penalties for some offences in the Acts

•specified in the Schedule to this Bill . Further, fines and penalties, vide clause 3 of the Bill,

•specified in the schedule have been proposed to be increased by ten per cent of the

•minimum amount of fine or penalty prescribed therefor after expiry of every three years from

•the date of commencement of the proposed Act, which seem s to be a first time introduced

•legislative proposal to save the precious limited time at the disposal of the Parliament.

1.6. Appointing Adjudicating Officers: As per the Jan Vishwas (Amendment of

•Provisions) Bill, 2022, the Government of India may appoint one or more adjudicating

•officers for the purpose of determining penalties. The adjudicating officers may summon

•individuals for evidence and conduct inquiries into violations of the respective Acts. For

•instance, the Agricultural Produce (Grading and Marking) Act, 1937, the Air (Prevention and

•Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, and the Public

•Liability Insurance Act, 1991 are the Acts among others which provide for the appointment

•of Adjudicating Officer.

•3

1.7. Appellate Mechanism: The Jan Vishwas (Amendment of Provisions) Bill, 2022 also

•specifies the appellate mechanisms for persons, aggrieved by an order pass ed by an

•adjudicating officer/authority. For instance, under the Cinematograph Act, 1952, the

•provision to prefer appeal has been provided. Similarly, under the Merchant Shipping Act,

•1958, provision to prefer appeal before the Director General within 30 days has been

provided.Under the Air (Prevention and Control of Pollution) Act, 1981 and the

•Environment (Protection) Act, 1986, appeals may be preferred to the National Green

•Tribunal within sixty days from the date of order.

1.8. Brief details of the number of provisions proposed to be decriminalized by the Jan

•Vishwas (Amendment of Provisions) Bill, 2022 in respect of 19 Ministries/Departments and

•42 Acts being considered in the Bill are given below:

•Proposal

•19 Ministries/Departments – 42 Acts

Sl.

No.

•Categories Number of provisions to

•be decriminalized (Acts)

•1 Imprisonment and/or Fine removed 55 (21)

•Imprisonment and fine removed 42

•Imprisonment removed 3

•Fine removed 10

•2 Imprisonment and/or Fine converted to Penalty 89 (22)

•Imprisonment and fine converted to Penalty 69

•Imprisonment converted to Penalty 2

•Fine converted to Penalty 18

•3 Imprisonment removed and Fine retained 14 (6)

•4 Imprisonment removed and Fine enhanced 18 (5)

•5 Introduced Compounding of Offences 6 (3)

•Total Provisions to be decriminalized 182

•4

1.9. The details of number of provisions containing consequential and other amendments

•proposed in the Bill are further tabulated hereunder:

•Consequential and other amendments in the Bill

Sl.

No.

•Action Proposed Number of provisions (Acts)

•1 Introduce Adjudication/ Appeal/ Recovery

•Mechanism

•41 (10)

•2 Introducing Imprisonment and/or fine 6 (6)

•3 Introducing penalties 1 (1)

•4 Enhancing penalties/fine 4 (1)

•5 Imprisonment reduced and/or fine

•retained/enhanced

•3 (2)

•6 Imprisonment retained and fine enhanced 7 (2)

•7 Consequential amendments

•Shifting of offence 6

•Omission from Schedule 6

•Creation of Fund 12

•Other amendments like definitions 55

•Total 141

SECTION Section 470

Untitled Section

3.Provisions for Adjudicating officer for awarding the penalty and compensation

•amount will be introduced.

SECTION Section 471

Untitled Section

4.The provisions with respect to restoration of public property and environmental

•damage by utilization of Environment Relief Fund will be inserted.

SECTION Section 472

Untitled Section

5.The amount of limit of the insurance policy has been increased substantially as

•per inflation index.

SECTION Section 473

Untitled Section

6.The proposed amendment involves the omission of Schedule containing the

•quantum of relief and transferring it to the PLI Rules, 1991 for ease of revision of

•the amount of relief as per the inflation in future.

SECTION Section 474

Untitled Section

7.Appeal to Hon’ble National Green Tribunal has been introduced in case of

•grievance against the imposition of penalty.

2.167.5. The Ministry have also submitted that amendment proposed under the Act

•seek to achieve the following benefits:

1.Proposed amendment will encourage self -regulation and create an

•atmosphere of trust based governances.

2.By way of the instant proposed amendment bill, the concept of Adjudicating

•officer for dealing with defaulters has been proposed to be introduced. In doing

•so, the proposed bill will ease out the stress on the criminal justice system.

3.Increased penalty amount will act as deterrent for law -abiding ent repreneurs

•which would ensure better compliance of laws while also promoting better

•corporate management practices in their operations.

4.Eliminates the fear of imprisonment on minor lapses. This reform will also send

•out a clear message to the law -abiding entrepreneurs and corporations at

•large, about the Government’s commitments to promote ease of doing

•business and ease of living in India.

5.The amount of limit of the insurance policy has been increased substantially as

•per inflation index.

6.Omission of Schedule containing the quantum of relief and transferring it to the

•PLI Rules, 1991 for ease of revision of the amount of relief as per the inflation

•in future.

7.Appeal to Hon’ble National Green Tribunal has been introduced in case of

•grievance against the imposition of penalty.

•182

2.168. Discussion in the sitting of the Committee:

2.168.1. During the sitting held on 17 th January, 2023, the Committee sought to know

•how the insurance premium to be paid and compensation for environment damage b y any

•industry will be ascertained. The Ministry informed the Committee that the same shall be

•prescribed in the Rules. The Committee further enquired as to why the Ministry seeks to

•amend Section 3 to bring about compensation to be prescribed by Rules whe rein earlier it is

•specified in the Schedule. The Ministry submitted that the same has been proposed to

•enable ease of periodical review of compensation.

2.169. Suggestions by the Committee:

2.169.1. After detailed discussion, the Committee agreed, in principle, with the

•amendment proposed to the Public Liability Insurance Act, 1991 specified at Serial No.28 of

•the Schedule to the Bill and decided to consider any further modifications, if required, dur ing

•the clause -by-clause consideration of the Jan Vishwas (Amendment of Provisions) Bill,

SECTION Section 475

Untitled Section

2022.

•183

•The Cable Television Networks (Regulation) Act, 1995

•[Serial. No. 29 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.170. Administering Ministry: Ministry of Information and Broadcasting

2.171. Purpose of the Act: The Cable Television Networks (Regulation) Act, 1995 (CTN

•Act) was enacted to provide a framework for regulation of cable networks in India. The Act

•mandated a compulsory registration for cable operators and laid down provisions to regulate

•content to be broadcasted by the cable operators. The Act protects the interest of the

•subscribers and bars transmission of anti -national broadcasts which are inimical to our

•national interest. For contravening/violating any provision of the CTN Act, Section 16 prescribes

•for imprisonment which may extend up to 2 years, in case of first instance and 5 years for

•every subsequent offence. Section 17 of the Act casts accountability on the key persons

•holding responsible positions in case of offences committed by company, firm or association

•of Individual. Section 18 of the Act provides that no court shall take cognizance of any offence

•punishable under this Act except upon a complaint in writing made by any Authorised officer.

2.172. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision as amended in the

•Bill introduced in Lok Sabha

SECTION Section 476

Untitled Section

1.Section

•16

•“Punishment for contravention of

•provisions of this Act. –

•[(1)] Whoever contravenes any of

•the provisions of this Act shall be

•punishable,

(a)for the first offence, with

•imprisonment for a term which may

•extend to two years or with fine

•which may extend to one thousa nd

•rupees or with both;

(b)for every subsequent offence,

•with imprisonment for a term which

•may extend to five years and with

•fine which may extend to five

•thousand rupees.

•[(2) Notwithstanding anything

•contained in the Code of Criminal

•Procedure, 1973 (2 of 1974), the

•contravention of section 4 -A shall

•be a cognizable offence under this

section.]”

SECTION Section 477

Untitled Section

16.Penalty for contravention of

•provisions of this Act. –

(1)Whoever contravenes any of

•the provisions of this Act shall be

•punishable,-

(a)for the fir st offence, with

•advisory, or censure, or warning,

•or a penalty which may extend to

•twenty thousand rupees, or with

•both;

(b)for every subsequent offence,

•with advisory, or censure, or

•warning, or a penalty which may

•extend to one lakh rupees, or with

•both;

(c)for any violation thereafter, by

•cancellation of registration

•granted, for such period,

•by the designated officer, as may

•be prescribed.

•184

(2)The designated officer may,

•for the reasons to be recorded in

•writing, by order, impose penalty

•mentioned in sub-section (1):

•Provided that no such penalty

•shall be imposed without giving a

•reasonable opportunity of being

heard.

(3)Any person ag grieved by any

•penalty imposed by order under

•sub-section (2), may prefer an

•appeal to the Secretary to the

•Government of India or such

•other officer authorised by him:

•Provided that no such appeal

•shall be admissible after thirty

•days of imposition of penalty:

•Provided further that an appeal

•may be entertained after the

•expiry of the period of thirty days,

•if he is satisfied that the appellant

•was prevented by sufficient cause

•from preferring the appeal in time.

SECTION Section 478

Untitled Section

2.Section

•17

•Offences by companies.—(1)

•Where an offence under this Act

•has been committed by a company,

•every person who, at the time the

•offence was committed, was in

•charge of, and was responsible to,

•the company for the conduct of the

•business of the company, as well as

•the co mpany, shall be deemed to

•be guilty of the offence and shall be

•liable to be proceeded against and

•punished accordingly:

•Provided that nothing contained in

•this sub -section shall render any

•such person liable to any

•punishment, if he proves that the

•offence was committed without his

•knowledge or that he had exercised

•Proposed for omission in the Bill,

•as introduced.

•185

•all due diligence to prevent the

•commission of such offence.

(2)Notwithstanding anything

•contained in sub -section (1), where

•any offence under this Act has been

•committed by a company and it is

•proved that the offence has been

•committed with the consent or

•connivance of, or is attributable to

•any negligence on the part of, any

•director, manager, secretary or

•other officer of the company, such

•director, manager, secretary or

•other officer shal l also be deemed

•to be guilty of that offence and shall

•be liable to be proceeded against

•and punished accordingly.

Explanation.—For the purposes of

•this section,—

(a)“company” means anybody

•corporate and includes a firm or

•other association of individuals; and

(b)“director” in relation to a firm

•means a partner in the firm.

SECTION Section 479

Untitled Section

3.Section

•18

•Cognizance of offences .—No

•court shall take cognizance of any

•offence punishable under this Act

•except upon a complaint in writing

•made 1[by any authorised officer.

•Proposed for omission in the Bill,

•as introduced.

SECTION Section 48

Untitled Section

2.Necessity for the Jan Vishwas (Amendment of Provisions) Bill, 2022

2.1. Trust is a prerequisite and fundamental for democratic governance. The outdated

•rules and regulations cause trust deficit amongst the general public and entrepreneurs. The

•linchpin of democratic governance lies in the Government trusting its own institutions as well

•as the common citizenry . The fear of imprisonment for minor offences is a major factor

•hampering the growth of the business ecosystem and shattering the confidence of

entrepreneurs.Reducing the compliance burden also gives impetus to busine ss process

•reengineering and improves ease of living of people. Pursuing the spirit of ‘Minimum

•Government Maximum Governance’, India needs to get rid of the vintage laws that were

•adversely affect ing the development of the country as well as out of sync with the

•philosophy of the Government . With the advent of technology and changes in the socio -

•economic scenario, it is necessary for the country to liberate the entrepreneurial spirit of its

•5

•citizens to instill confidence and step forward towards the new era of business reforms

•making India the most preferred global investment destination by boosting investor

•sentiments - locally as well as globally.

2.2. The World Bank Group had established a ranking system called the Ease of Doing

•Business Index wherein, as per the last World Bank Ease of Doing Business Report 2020,

•India ranked at 63 rd position against the 77 th rank in 2018 and 142 nd rank in 2014. It has

•been highly appreciated that since 2014, the Government processes underwent major

•change and started responding innovatively. The Government started reengineering,

•bringing various ministries and departments of the Centre and the State s together to

•achieve a common g oal of making India the most preferred business destination. The

•Department for Promotion of Industry and Internal Trade is the institutional anchor for the

•Ease of Doing Business programme. The Department for Promotion of Industry and Internal

•Trade has acted as a fulcrum and brought in a cohesive approach by breaking the silos and

•working to network with all the Government agencies.

2.3. More ease of doing business means more withdrawals or relaxing of regulations and

•undoubtedly it lead to ease of l iving along; albeit the investors take into consideration

•various other issues before making a decision to invest in any economy, such as legal

•framework, democratic status, potential growth of trade, geo -political situation, the stability

•of the Governmen t, market potential, black swan events, law and order, etc. The Jan

•Vishwas (Amendment of Provisions) Bill, 2022, as introduced, has endeavoured to identify a

•large number of offences of minor nature and decriminalize them with monetary penalties.

•The endeavour is not only to make lives and businesses easier but also to reduce judicial

burden.Settlement of large number o f issues by compounding method and adjudication by

•administrative mechanism without invol ving courts will enable persons to remedy mino r

•contraventions and defaults, thereby saving time, energy and resources.

2.4. The following factors necessitate the introduction of the Jan Vishwas (Amendment of

•Provisions) Bill, 2022:

• The Amendment Bill envisages a thrust to businesses by eradicatin g the fear of

•criminal provisions for minor, technical and procedural defaults. This will go a long

•6

•way in realizing the vision of greater ease of doing business, ease of living and an

•‘Atmanirbhar Bharat’.

• Sound and efficient business regulations are vital, for an economy cannot thrive

•without a healthy private sector. When local businesses flourish, they create jobs

•and generate income that can be spent and invested domestically. Effective

•business regulations present micro, small and medium scale e nterprises the

•opportunity to grow, innovate and move from informal to formal sector of an

economy.

• It is important to have effective rules and regulations in place that are easy to

•understand and follow. The micro, small and medium entrepreneurs espec ially

•emerging entrepreneurs face significantly different realities as they set up and start

•operating their businesses. In order to realize financial gains, trim down corruption

•and encourage micro, small and medium scale enterprises to flourish, unneces sary

•red tape should be eliminated.

• The clauses of criminality for small procedural lapses and minor defaults clog

•judiciary and may put adjudication of major offences on the back burner. Some of the

•proposed amendments are introducing suitable adjudication mechanism, wherever

•applicable and feasible for dealing with minor offences. This would go a long way in

•reducing burden on the judiciary, unclog courts and help in efficient justice

dispensation.

• There is rise in the cases of criminal nature where the acts of omission or

•commission are either of trivial nature or compoundable and settled only with penalty.

•As per the National Judicial Data Grid, as on 23 rd February, 2023, out of a total of

•4,24,02,907 pending cases, 3,1 5,86,284 cases are in relation to criminal

proceedings.As per t he National Crime Records Bureau’s Prison Statistics as on

•31st December, 2021, a total of 5,54,034 prisoners were con fined in different prisons

•in India against a capacity of 4,25,609. Decrimin alising of minor offences will

•certainly reduce the burden on judiciary and prisons while easing the doing of

•business and easing the living of the individuals at the same time.

•7

• As contrary to punishing wrongful conduct, criminalization of minor acts of omission

•or commission often becomes a tool for the Executive to project a strong image. As

•many of the Acts belong to British era where the State mistrusts its citizens, it is no

•longer the case in the country. This “overcriminalisation” is required to be redressed

•by justifying the penalties in the law and bringing in flexibility.

• The regulatory burden often poses substantial deterrents for investors.

•Discrepancies among e xisting laws can lead to unnecessary and even contradictory

•compliance requirement. Moreover, the lengthy processing times for the needed

•approvals can escalate costs and dampen the entrepreneurial spirit. Proposed

•amendments would accelerate investment decisions due to smoother processes and

•attracting more investment.

•SEAMLESS TRANSFORMATION FROM EXISTING PROVISIONS TO THE

•EASE OF DOING BUSINESS

••Imprisonments for minor

•offences

••Lesser Fines

••Lesser penalties

••Fear of punishment and

•distrust on Government

•Existing laws

••No unnecessary

•imprisonments

••Higher penalties

••Fines wherever required

••Adjudication mechanism

•Decriminalization

••Certainty

••Trustworthiness among

•investors, entrepreneurs

•and individuals

••Higher compliance ratio

•Ease of Doing

•Business and Ease of

•Living

•8

SECTION Section 480

Untitled Section

4.Insertion

•of clause

•(db) after

SECTION Section 481

Untitled Section

•clause

•(da) in

SECTION Section 482

Untitled Section

•Section

•22

•(db) the period and designated

•officer under sub -section (1) of

SECTION Section 483

Untitled Section

•section 16;

2.173. Submissions by the Ministry:

2.173.1. The Ministry of I&B in their background note informed that decriminalization of

•Offences and Penalties under the Cable Television Networks (Regulations) Act, 1995 aims

•at making the Act more business-friendly and boost the investor confidence in the sector.

•Penalties prescribed under Section 16 of the Act were re-examined and it was observed that

•186

•imprisonment provisions prescribed under Section are harsh for the offences which are

•mostly in the nature of technical violations. Serious offences like violation of copyright and

•actions prejudicial to sovereignty or integrity of India, security of India, etc. are already

•covered in copyright Act, and other criminal laws.

2.173.2. In order to make the Cable Television Networks (Regulations) Act, 1995

•consistent with Government's Ease of Doing Business the Ministry of Information and

•Broadcasting has proposed to amend Section 16 and consequently Section 17 and 18 of the

•Act have become redundant due to proposed amendments in section 16, and thus, are

•proposed to be omitted.

2.173.3. As regards the penalties proposed in the Act, the Ministry informed as under:

(i)For the first offence, it has been proposed that imprisonment shall be replaced

•with Advisory, or Censure, or Warning, or a penalty. Further, maximum penalty has

•been increased from one thousand rupees to twenty thousand rupees. The

•designated officer may impose either or both, depending upon nature of

violation.

•(ii) For every subsequent offence, it has been proposed that imprisonment shall

•be replaced with Advisory, or Censure, or Warning or a fine. Further, maximum

•penalty for subsequent offence has been increased from five thousand rupees to

•one lath rupees. The des ignated officer may impose either or both, depending

•upon nature of violation.

•(iii) For any violation thereafter, it has been proposed to cancel the registration

•granted for such period which may be determined by the designated officer on the

•basis offacts of the case and subject to the rules to be framed.

2.174. Discussion in the sitting of the Committee:

2.174.1. During the briefing on the Bill on 09.02.2023, the representatives, Ministry of

•Information and Broadcasting deposed before the Committee about various provisions, the

•Ministry seeks to amend as stated below:

•“Sir, the Cable Television Network Valuation Act, 1995 regulates the cable sector in

•India, and there is certain obligation cast by the Act on the Cable Network Operators.

•For example, ther e is an obligation to register; there is a process of encryption of the

•signal that they sent; and then adherence to programme code, advertisement code is

there.There is a mandatory transmission of channels. Like this, there are several

•obligations cast on the Cable Network Operators. We are here only concerned about

SECTION Section 484

Untitled Section

•Section 16, 17, and 18.

SECTION Section 485

Untitled Section

•Section 16 talks about contravention of the provisions of the Act. So, the existing Act

•gives certain consequences for non -compliance with the obligation cast. S o, the

•provisions are basically: imprisonment and fine. First offence is imprisonment and fine;

•and second is also imprisonment and fine. So, we are decriminalising these two

provisions.The imprisonment provisions are being deleted.

•187

•I will take you through the existing ones and the new ones. Then, Section 17 and 18

•are consequential in nature because if the offence has been committed by a company,

•then who all will be responsible? The key persons are responsible. So, the liability will

•be fixed on t he key persons in the company. So, because there is no imprisonment

•provision now, the new provision does not require the responsibility to be fixed on key

•persons of the company, therefore, we are proposing to delete Section 17 and 18.

•There is also one consequential change in Section 22 where we are defining who is a

•designated officer prescribed by law. We are using that provision and we are inserting

•it there in Section 22.”

2.174.2. The representatives, Ministry of Information and Broadcasting inform ed the

•Committee that the Ministry has proposed for inclusion of advisory or censure or warning or

•penalty which may extend to rupees 20,000 or both under section 16. Earlier it was two

•years of imprisonment or with fine. For part (b) for every subsequent offences, `with

•imprisonment for a term’ has been deleted and substituted with advisory or censure or

•warning or penalty which may extend to Rs. One lakh or with both. The imprisonment of five

•years or a fine of Rs. 5000 has been deleted from section 16. For violations thereafter,

•cancellation of registration granted for such period by designated officers has been provided

•for, to decriminalize the section.

2.174.3. The Committee in this regard sought to clarify if the `opportunity of hearing’

•has been p rovided for in case of cancellation of registration, the Ministry representatives

•informed that it is under 16(2). The Committee observed that it is only for the purpose of

•imposed penalty and not covering case of cancellation of registration. The Committee made

•a point that the authority while working in a quasi -judicial capacity needs to extend the fair

•opportunity of being heard before issuing orders of cancellation.

2.174.4. The Committee further observed that provision to cancel the registration may

•be suitably incorporated and reworded as “the designated officer, may for thereasons to be

•recorded in writing’, by order, impose penalty or cancellation referred in sub -section (1). The

•Ministry agreed to carry out the requisite changes.

2.174.5. The Committee also asked Ministry to make consequent alternation in sec. 16

(3)in view of changes brought about in 16(1) and 16(2).

2.175. Suggestions by the Committee:

2.175.1. After detailed discussions on the amendments proposed to be made in the

•Cable Television Networks (Regulation) Act, 1995 , specified at Serial No. 29 of the

•Schedule to the Bill and decided to consider the following suggestions/modifications if

•required during Clause-by-Clause consideration:

•16(1) (i) Terms “Punishable” and “Offence ” to the substituted by “liable” and

•“contravention”.

•(ii) Period for repeat contravention needs to be specified

•(iii) Provision to cancel the registrations to be rephrased and placed in the

•Bill at more suitable place.

•188

•16(3) The words “after thirty d ays of receipt of such order” to substitute “after thirty

•days of such order”.

•New insertion as a consequential change due to changes in 16(1) & (2).

•189

•The Trade Marks Act, 1999

•[Serial No. 30 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.176. Administering Ministry: Ministry of Commerce and Industry

•[Department for Promotion of Industry and Internal

•Trade]

2.177. Purpose of the Act: An Act to amend and consolidate the law relating to trade

•marks, to provide for registration and better protection of trade marks for goods and services

•and for the prevention of the use of fraudulent marks.

2.178. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision, as amended by

•the Bill introduced in Lok

•Sabha

SECTION Section 486

Untitled Section

1.Section 106:

•Penalty for

•removing

•piece goods,

etc., contrary

•to section 81

•If any person removes or attempts to

•remove or causes or attempts to

•cause to be removed for sale from

•any premises referred to in section

•81 or sells or exposes for sale or has

•in his possessi on for sale or for any

•purpose of trade or manufacture

•piece goods or cotton yarn or cotton

•thread which is not marked as

•required by that section, every such

•piece and every such bundle of yarn

•and all such thread and everything

•used for the packing there of shall be

•forfeited to Government and such

•person shall be punishable with fine

•which may extend to one thousand

rupees.

•Proposed for omission in the

•Bill, as introduced.

SECTION Section 487

Untitled Section

2.Section 107:

•Penalty for

•falsely

•representing

•a trade mark

•as registered

•If any person contravenes any of the

•provisions of sub-section (1), he shall

•be punishable with imprisonment for

•a term which may extend to three

•years, or with fine, or with both.

(2)If any person contravenes

•any of the provisions of sub -

•section (1), he shall b e liable

•to a penalty of not less

•than twenty -five thousand

•rupees but which may

•extend to one lakh rupees.

SECTION Section 488

Untitled Section

3.Section 108:

•Penalty for

•improperly

•describing a

•place of

•business as

•If any person uses on his place of

•business, or on any document issued

•by him, or otherwise, words which

•would reasonably lead to the belief

•that his place of business is, or is

•officially connected with, the Trade

•Proposed for omission in the

•Bill, as introduced.

•190

•connected

•with the

•Trade Marks

•office

•Marks Office, he shall be punishable

•with imprisonment for a term which

•may extend to two years, or with fine,

•or with both

SECTION Section 489

Untitled Section

4.Section 109:

•Penalty for

•falsification

•of entries in

•the register

•If any person makes, or causes to be

•made, a false entry in the register or

•a writing falsely purporting to be a

•copy of an entry in the register or

•produces or tenders or causes to be

•produced or tendered, in evidence

•any such writing knowing the entry or

•writing to be false, he shall be

•punishable with imprisonment for a

•term which may extend to two years,

•or with fine, or with both.

•Proposed for omission in the

•Bill, as introduced.

SECTION Section 49

Untitled Section

3.Scope of the Bill

3.1. As mentioned in the Statement of Objects and Reasons of the Jan Vishwas

•(Amendment of Provisions) Bill, 2022 , the Bill seeks to reduce compliance burden to give

•impetus to business process re engineering and improve ease of living of people. The

•large number of reforms expected to be brought by the Bill will impact all kinds of business

•enterprises ranging from small and medium enterprises to mega corporations, investors to

•start-ups, workers to entrepreneurs, and co mpanies to the economies and most

•importantly the citizens of the country.

3.2. The excessive complian ces are onerous on micro, small and medium enterprises.

•The Bill proposes to undertake ‘quasi-decriminalisation’. The regulatory offences to be

•considered for ‘decriminalisation’ need to be prioritised not only from the point of view of

•the ease of doing business but also from the points of view of the ills that plague our

•criminal justice system itself. A monograph titled 'Jailed For Doing Business' by t he

•Observer Research Foundation presents a deep dive into the imprisonment clauses that

•plague India' s business compliance regulation framework. The report found among the

•69,233 unique compliances that regulate doing business in India, 26,134 clauses have

•imprisonment clauses as a penalty of non-compliance. As per the said Report, an average

•Indian enterprise in the manufacturing sector with more than 150 employees deal with 500-

•900 compliances a year that cost nearly 12 to 18 lakh rupees in a single year. Almost two

•out of five compliances can send an entrepreneur to prison. In this light, the number of

•offences deregulated under the Bill is an initiative in th e right direction. The Bill conforms

•to the understanding of the government that decriminalization should be limited to

•regulatory domains.

3.3. Presently, people are reluctant to do business in India as even minor offences can

•lead them to being jailed and the Jan Vishwas (Amendment of Provisions) Bill, 2022 will

•incontrovertibly impact the business mindset of the people on the one hand and reduce the

•burden on the Judicial and Quasi Judicial system on the other hand . Overall the Jan

•Vishwas (Amendment o f Provisions) Bill, 2022 aims to provide and expand business

•9

•opportunities with a swift and effective resolution of various minor disputes while also

•ensuring that the government is able to collect penalties.

3.4. In the present scenario, the compliance burden by the business community and the

•individuals can be reduced through the following steps, which are also the focus areas of the

•exercise of reducing compliance burden:

(i)Rationalization of legal provisions by repealing, amending or omitting the

•redundant laws.

•(ii) Simplification of procedures related to applications, renewals, inspections, filing

•records, etc.

•(iii) Digitization of government processes by creating online interaces.

•(iv) Decriminalisation of minor, technical or procedural defaults.

3.5. Unambiguously defined regulation and equal access to property rights are essential

•for enabling businesses to expand their operations. If governments do not put in place

•adequate protec tion laws and leave the business community open to disputes, the

•stakeholders would be disinclined to invest in the developmental projects. Protection of

•interests of the minority investors is paramount. Greater protection helps foster trust and

•confidence and, in turn, spurs greater access to finance for entrepreneurs. Unambiguous

•rules and regulations, robust rights and augmented transparency are some of the regulatory

•instruments at the disposal of Government. An incessant and focused reform agenda keeps

•an economy competitive and vigilant. The regional diversity and varying income levels

•among the citizens accentuate the fact that with few bureaucratic hurdles and robust laws

•and regulations, any economy can make it to the top. The quality and effe ctiveness of

•regulations matter most for a good performance in the ease of doing business and ease of

living.The trust -based governance is needed at all levels. Regulatory environment should

•be more conducive for starting and running businesses.

SECTION Section 490

Untitled Section

5.Insertion of

•new Section

•after Section

•112

•Nil 112A. Adjudication of

penalties.- (1) The Registrar

•may, by an order, impose

•penalty on a person for any

•contravention or default, the

•manner and conditions of

•recovery of penalty under

•the provisions of this Act,

•shall be such as may be

prescribed.

(2)The Registrar shall,

•before imposing any penalty,

•give a reasonable

•opportunity of being heard to

•the person who is in default.

(3)Where the person fails to

•comply with the order made

•under sub -section (1), within

•a period of ninety days from

•the date of the receipt of the

•order, he shall be punishable

•with a fine of one lakh rupees

•or imprisonment for a term

•which may extend to one

•year, or with both.

SECTION Section 491

Untitled Section

6.Section 140:

•Power to

•require

•information

•of imported

•goods

•bearing false

(3)The importer or his agent shall,

•within fourteen days, comply with the

•requirement as aforesaid, and if he

•fails to do so, he shall be punishable

•with fine which may extend to five

•hundred rupees.

(3)The importer or his agent

•shall, within fourteen days,

•comply with the requirement

•as aforesaid, and if he fails to

•do so, he shall be liable to

•pay a penalty of ten

•thousand rupees:

•191

•trade marks Provided that penalty under

•this section shall be levied by

•such authority as authorised

•under the Customs Act, 1962

•(52 of 1962) for this purpose.

•7 Insertion of

•new clause

•after clause

•(xxxiiia) after

SECTION Section 492

Untitled Section

•clause

•(xxxiii) in

SECTION Section 493

Untitled Section

•Section

•157(2)

•Nil (xxxiiia) the manner and

•conditions of recovery of

•penalty under sub-section (1)

•of section 112A;

2.179. Submission by the Ministry:

2.179.1. The Department for Promotion of Industry and Internal Trade has proposed to

•amend Sections 107, 140, 157, omit Sections 106, 108, 109 and incorporating Section 112A

•in the Trade Marks Act, 1999.

2.180. Discussion in the sitting of the Committee:

2.180.1. In their sitting held on 31 st January, 2023, the Committee discussed the

•amendments proposed by the Department for Promotion of Industry and Internal Trade with

•their representatives. The representative of the Department apprised the Committee that

•India ranks fifth in Trade Mark filing as the complete process has been digitized. There has

•been four-fold increase in the registration of Trade Mark in the last nine years.

2.180.2. The Committee held in depth discussion on the amendments proposed in t he

•Trade Marks Act, 1999 by the Department. The Committee agreed to the omission of

•existing Sections 106, 108 and 109 of the Act since these are covered under the Indian

•Penal Code, 1860. However, the Committee was dissatisfied with the quantum of penal ty

•proposed in Section 107 of the Act. The Committee was of the view that considering the

•gravity of the contravention, the maximum ceiling of the penalty proposed should be five

•lakh rupees.

2.180.3. As regards the adjudication provision, the Committe e was of the opinion that

•there must be an appellate authority above the adjudicating authority. At least one stage

•should be there for appeal and if the person who contravenes the provisions is not satisfied

•with the orders of the appellate authority, he can go to the court of law. The Committee felt

•that such a mechanism will certainly reduce the burden on the courts. Moreover, it will

•benefit the person because if a person goes to the court of law, he has to go through various

•steps involved in judici al process, whereas the appellate authority can decide the matter on

•a simple application. This will save money and time of the individuals especially the small

traders.

2.180.4. During the deliberations, the Committee made a general observation that t he

•provision for having an appellate authority should be made in almost all such Acts wherever

•192

•the penalty is imposed by the competent authority. Wherever a quasi -judicial authority is

•imposing penalty, one more tier of appellate authority should be provi ded in the Act. If that

•is done, almost ninety five per cent cases will be settled in the Department itself. The

•Committee further reiterated their view expressed by them in the very beginning that the

•Ministries concerned should look into effecting the a mendments proposed in the Bill with

•retrospective effect.

2.181. Suggestions by the Committee:

2.181.1. After detailed deliberations and clarifications on the amendments proposed to

•be made in the Trade MarksAct, 1999, specified at serial no. 30 of the Schedule to the Bill,

•the Committee decided to consider inter alia the following modifications during the c lause-

•by-clause consideration of the Bill:

(i)Section 107: The maximum amount of the penalty proposed should be five

•lakh rupees.

•(ii) Section 124A: There is a need to have appellate mechanism against decision

•taken by Registrar.

•193

•The Geographical Indications of Goods (Registrations and Protection) Act, 1999

•[Serial No. 31 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.182. Administering Ministry: Ministry of Commerce and Industry

•[Department for Promotion of Industry and Internal

•Trade]

2.183. Purpose of the Act: An Act to provide for the registration and better

•protection of geographical indications relating to goods.

2.184. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision, as amended in

•the Bill introduced in Lok

•Sabha

SECTION Section 494

Untitled Section

1.Insertion of a

•New Section

•Nil “37A. Adjudication of

penalties.- (1) The Registrar

•may, by an order, impose

•penalty, on a person for any

•contravention or default under

•the provisions of this Act, the

•manner and conditions of

•recovery of penalty, shall be

•such as may be prescribed.

(2)The Registrar shall, before

•imposing any penalty, give a

•reasonable opportunity of

•being heard to the person

•who is in default.

(3)Where the person fails to

•comply with the order made

•under sub-section (1), within a

•period of ninety days from the

•date of the receipt of the

•order, the person shall be

•punishable with imprisonment

•for a term which may extend

•to one year, or with fine which

•shall not be less than twenty -

•five thousand rupees but

•which may extend to five lakh

•rupees, or with both.”

SECTION Section 495

Untitled Section

2.Section 42(2) (2)If any person contravenes any

•of the provisions of sub-section (1),

(2)If any person contravenes

•any of the provisions of sub -

•194

•he shall be punishable with

•imprisonment for a term which may

•extend to three years, or with fine,

•or with both.

•section (1), he shall be liable

•to a penalty, of not less than

•twenty-five thousand

•rupees but which may

•extend to one lakh rupees.

SECTION Section 496

Untitled Section

3.Section 43 If any person uses on his place of

•business, or on any document

•issued by him, or otherwise, words

•which would reasonably lead to the

•belief that his place of business is,

•or is officially connected with, the

•Trade Marks Office, he shall be

•punishable with imprisonment for a

•term which may extend to two

•years, or with fine, or with both

•Proposed for omission in the

•Bill, as introduced.

SECTION Section 497

Untitled Section

4.Section 44 If any person makes, or causes to

•be made, a false entry in the

•register or a writing falsely

•purporting to be a copy of an entry

•in the register or produces or

•tenders or causes to be produced

•or tendered, in evidence any such

•writing knowing the entry or writing

•to be false, he shall be punishable

•with imprisonment for a term which

•may extend to two years, or with

•fine, or with both.

•Proposed for omission in the

•Bill, as introduced.

•5 Insertion of

•new clause

•after clause

(o)in Section

•87(2)

•Nil “(oa) the manner and

•conditions of recovery of

•penalty under sub -section (1)

•of section 37A;

2.185. Submission by the Ministry:

2.185.1. The Department for Promotion of Industry and Internal Trade has proposed to

•amend the aforesaid Sections of the Geographical Indications of Goods (Registrations and

•Protection) Act, 1999.

2.186. Discussion in the sitting of the Committee:

2.186.1. During the sitting of the Committee held on 31 stJanuary, 2023, the

•representatives of the Department for Promotion of Industry and Internal Trade gave their

•presentation on the proposed amendments before the Committee. The Committee

•discussed the proposed amendments at length with the representatives o f the Department.

•The Committee felt that the proposed amount of penalty under Section 42 of the Act is not

•justified and this should be reasonably increased considering the nature of offence. The

•195

•Committee also felt that there is a need to have appellat e mechanism against the decision

•taken by the Registrar.

2.187. Suggestions by the Committee:

2.187.1. After detailed deliberations and clarifications on the amendments proposed to

•be made in the Geographical Indications of Goods (Registration and Pro tection) Act, 1999,

•specified at serial no. 31 of the Schedule to the Bill, the Committee decided to consider inter

•alia the following modifications during clause-by-clause consideration:

(i)Section 42: The amount of penalty should be increased to five lakh rupees.

•(ii) Section 37A: The provision for Appellate Mechanism against the decision of

•the Register should be provided.

•196

•The Information Technology Act, 2000

•[Serial No. 32 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.188. Administering Ministry: Ministry of Electronics and Information

•Technology

2.189. Purpose of the Act: The Information Technology Act, 2000 seeks toprovide

•legal recognition for transactions carried out by means of electronic data interchange and

•other means of electro nic communication, commonly referred to as "electronic commerce",

•which involve the use of alternatives to paper-based methods of communication and storage

•of information, to facilitate electronic filing of documents with the Government agencies.

2.190. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provisions as amended by the

•Bill introduced in Lok Sabha

•1 Section 2

•Sub-section

(1), clause

(e)

SECTION Section 498

Untitled Section

•Section 2

•Sub-section (1), clause (e)

•"appropriate Government" means

•as respects any matter,—

(i)enumerated in List II of the

•Seventh Schedule to the

•Constitution;

•(ii) relating to any State law

•enacted under List III of the

•Seventh Schedule to the

•Constitution,

•the State Government and in any

•other case, the Central

•Government;

•In secti on 2, in sub -section (1),

•in clause (e), for the long line,

•the following shall be

•substituted, namely:—

•“the State Government, and in

•any other case-

(I)relating to relevant provision,

•or a computer resource, which is

•controlled by the respective

•Ministry or Departments of the

•Central Government, such

•Ministry or Department; or

•(II) not covered under sub -

SECTION Section 499

Untitled Section

•clause (I), the Central

•Government;”.

•2 Section 33

•Surrender of

licence.—

(2)Where any Certifying Authority

•fails to surrender a licence under

•sub-section (1), the person in

•whose favour a licence is issued,

•shall be guilty of an offence and

•shall be punished with

•imprisonment which may extend

•up to six months or a fine which

•may extend up to ten thousand

•rupees or with both.

(2)Where any Certi fying

•Authority fails to surrender a

•licence under sub -section (1),

•the person in whose favour a

•licence is issued, shall be guilty

•of an offence and shall be liable

•to pay penalty which may

•extend to five lakh rupees.

•3 Section 44 Penalty for failure to furnish

•information, return, etc.—

•Penalty for failure to furnish

•information, return, etc.—

•197

•If any person who is required

•under this Act or any rules or

•regulations made thereunder to–

(a)furnish any document, return or

•report to the Controller or the

•Certifying Authority fails to furnish

•the same, he shall be liable to a

•penalty not exceeding one lakh

•and fifty thousand rupees for each

•such failure;

(b)file any return or furnish any

•information, books or other

•documents within the time

•specified therefor in the

•regulations fails to file return or

•furnish the same within the time

•specified therefor in the

•regulations, he shall be liable to a

•penalty not exceeding five

•thousand rupees for every day

•during which such failure

•continues;

(c)maintain books of account or

•records, fails to maintain the

•same, he sha ll be liable to a

•penalty not exceeding ten

•thousand rupees for every day

•during which the failure continues.

•If any person who is required

•under this Act or any rules or

•regulations made thereunder to–

(a)furnish any document, return

•or report to the Controller or the

•Certifying Authority fails to

•furnish the same, he shall be

•liable to a penalty not exceeding

•fifteen lakh rupees for each

•such failure;

(b)file any return or furnish any

•information, books or other

•documents within the time

•specified therefor in the

•regulations fails to file return or

•furnish the same within the time

•specified therefor in the

•regulations, he shall be liable to

•a penalty not exceeding fifty

•thousand rupees for every day

•during which such failure

•continues;

(c)maintain books of account or

•records, fails to maintain the

•same, he shall be liable to a

•penalty not exceeding one lakh

•rupees for every day during

•which the failure continues.

•4 Section 45

•Residual

penalty.—

•Whoever contravenes any rules or

•regulations made under this Act,

•for the contravention of which no

•penalty has been separately

•provided, shall be liable to pay a

•compensation not exceeding

•twenty-five thousand rupees to the

•person affected by s uch

•contravention or a penalty not

•exceeding twenty -five thousand

rupees.

•Whoever contravenes any rules

•or regulations made under this

•Act, for the contravention of

•which no penalty has been

•separately provided, shall be

•liable to pay a penalty not

•exceeding one lakh rupees, in

•addition to compensation to

•the person affected by such

•contravention not exceeding.

(a)ten lakh rupees, by an

•intermediary, company or body

•corporate, or

(b)one lakh rupees, by any

•other person.

•5 Section 46

•Power to

adjudicate.—

(1)For the purpose of adjudging

•under this Chapter whether any

•person has committed a

(1)For the purpose of adjudging

•under this Act whether any

•person has committed a

•198

•contravention of any of the

•provisions of this Act or of any

•rule, regulation, direction or order

•made thereunder which renders

•him liable to pay penalty or

•compensation, the Central

•Government shall, subject to the

•provisions of sub -section (3),

•appoint any officer not below the

•rank of a Director to the

•Government of India or an

•equivalent officer of a State

•Government to be an adjudicating

•officer for ho lding an inquiry in the

•manner prescribed by the Central

Government.

•contravention of any of the

•provisions of this Act or of any

•rule, regulation, direction or

•order made thereunder which

•renders him liable to pay penalty

•or compensation, the Central

•Government shall, subject to the

•provisions of sub -section (3),

•appoint any officer not below the

•rank of a Director to the

•Government of India or an

•equivalent officer of a St ate

•Government to be an

•adjudicating officer for holding

•an inquiry in the manner

•prescribed by the Central

Government.

•6 Section 66A Section 66A: Punishment for

•sending offensive messages

•through communication service,

etc.—

•Any person who sends, by m eans

•of a computer resource or a

•communication device, –any

•information that is grossly

•offensive or has menacing

•character; or any information

•which he knows to be false, but for

•the purpose of causing

•annoyance, inconvenience,

•danger, obstruction, insult, injury,

•criminal intimidation, enmity,

•hatred or ill will, persistently by

•making use of such computer

•resource or a communication

•device;

•any electronic mail or electronic

•mail message for the purpose of

•causing annoyance or

•inconvenience or to deceive o r to

•mislead the addressee or recipient

•about the origin of such

•messages,

•shall be punishable with

•imprisonment for a term which

•may extend to three years and

•with fine.

Explanation.–For the purposes of

•Proposed for omission in the

•Bill, as introduced.

•199

•this section, terms “electronic mail”

•and “electroni c mail message”

•means a message or information

•created or transmitted or received

•on a computer, computer system,

•computer resource or

•communication device including

•attachments in text, image, audio,

•video and any other electronic

•record, which may be tra nsmitted

•with the message.

•7 Section 67C (2) any intermediary who

•intentionally or knowingly

•contravenes the provisions of sub -

•section (1) shall be punished with

•an imprisonment for a term which

•may extend to three years and

•also be liable to fine.

(2)any intermediary who

•intentionally or knowingly

•contravenes the provisions of

•sub-section (1) shall be liable to

•pay penalty which may extend

•to twenty five lakh rupees.

•8 Section 68 (2) Any person who intentionally or

•knowingly fails to comply with any

•order under sub -section (1) shall

•be guilty of an offence and shall

•be liable on conviction to

•imprisonment for a term not

•exceeding two years or a fine not

•exceeding one lakh rupees or with

both.

(2)Any person who intentionally

•or knowingly fails to comply with

•any order under sub -section (1)

•shall be guilty of an offence and

•shall be liable to pay penalty

•which may extend to twenty -

•five lakh rupees.

•9 Section 69B (4) Any intermediary who

•intentionally or knowingly

•contravenes the provisions of sub -

•section (2) shall be punished with

•an imprisonment for a term which

•may extend to three years and

•shall also be liable to fine.

(4)Any intermediary who

•intentionally or knowingly

•contravenes t he provisions of

•sub-section (2) shall be

•punished with an imprisonment

•for a term which any extend to

•one year or shall be liable to

•fine which may extend to one

•crore rupees, or, with both.

•10 Section 70B (7) Any service provider,

•intermediaries, data centres, body

•corporate or person who fails to

•provide the information called for

•or comply with the direction under

•sub-section (6), shall be

•punishable with imprisonment for

•a term which may extend to one

•year or with fine which may extend

•to one lakh rupees or with both.

(7)Any service provider,

•intermediaries, data centres,

•body corporate or person who

•fails to provide the information

•called for or comply with the

•direction under sub -section (6),

•shall be punishable with

•imprisonment for a term which

•may extend to one year or with

•fine which may extend to one

•crore rupees or with both.

•11 Section 72 Penalty for Breach of

•confidentiality and privacy.—

•Penalty for Breach of

•confidentiality and privacy.—

•200

•Save as otherwise provided in this

•Act or any other law for the time

•being in force, if any person wh o,

•in pursuance of any of the powers

•conferred under this Act, rules or

•regulations made thereunder, has

•secured access to any electronic

•record, book, register,

•correspondence, information,

•document or other material without

•the consent of the person

•concerned discloses such

•electronic record, book, register,

•correspondence, information,

•document or other material to any

•other person shall be punished

•with imprisonment for a term which

•may extend to two years, or with

•fine which may extend to one lakh

•rupees, or with both.

•Save as otherwise provided in

•this Act or any other law for the

•time being in force, if any person

•who, in pursuance of any of the

•powers conferred under this Act,

•rules or regulations m ade

•thereunder, has secured access

•to any electronic record, book,

•register, correspondence,

•information, document or other

•material without the consent of

•the person concerned discloses

•such electronic record, book,

•register, correspondence,

•information, document or other

•material to any other person

•shall be liable to penalty which

•may extend to five lakh

rupees.

•12 Section 72A Punishment for disclosure of

•information in breach of lawful

contract.—

•Save as otherwise provided in this

•Act or any other law for the time

•being in force, any person

•including an intermediary who,

•while providing services under the

•terms of lawful contract, has

•secured access to any material

•containing personal information

•about another person, with the

•intent to cause or knowin g that he

•is likely to cause wrongful loss or

•wrongful gain discloses, without

•the consent of the person

•concerned, or in breach of a lawful

•contract, such material to any

•other person, shall be punished

•with imprisonment for a term which

•may extend to thr ee years, or with

•fine which may extend to five lakh

•rupees, or with both.

•Punishment for disclosure of

•information in breach of lawful

contract.—

•Save as otherwise provided in

•this Act or any other law for the

•time being in force, any person

•including an intermediary who,

•while providing services under

•the terms of lawful contract, has

•secured access to any material

•containing personal information

•about another person, with the

•intent to cause or knowing that

•he is likely to cause wrongful

•loss or wrongful gain discloses,

•without the consent of the

•person concerned, or in breach

•of a lawful contract, such

•material to any other person,

•shall be liable to pay penalty

•which may extend to twenty

•five lakh rupees.

2.191. Submissions by the Ministry:

2.191.1. Regarding the objectives kept in view during the review of the Information

•Technology Act, 2000, the Ministry of Electronics and Information Technology have in their

•201

•background note submitted that the provisions relating to punishment of contravention under

•the said Act have been reviewed keeping the following objectives in view:

(a)Decriminalising impr isonment clauses wherever possible, or reducing the

•quantum of punishment or/and making the offence compoundable for Ease of

•Doing Business;

(b)Maintaining uniformity in penalties for similar offences; and

(c)Instead of fines, providing for penalties, to enable decisions at the level of

•administrative officers appointed as adjudicating officers, without burdening the

courts.

2.191.2. The Ministry have further submitted that the review undertaken has been

•guided by the following principles:

(a)Retention of the viol ation as a punishable criminal offence for more serious

•violations;

(b)Bringing in alignment the quantum of punishment for offences of a similar nature;

(c)In respect of contraventions by companies and other bodies corporate,—

(i)eliminating imprisonment; and/or

•(ii) replacing the provision for fine imposed by court as punishment for a

•criminal offence by provision for financial penalty of a higher quantum

•imposed by administrative officers appointed as adjudicating officers;

•and

•(iii) rationalising penalty/liability for non-criminal contraventions; and

2.191.3. Clarifying further on the subject, the Ministry inter alia submitted that

•amendments to Section 69 (B) [ Not assisting in monitoring and collecting traffic data],

SECTION Section 5

Untitled Section

2.Dr. Sanjay Jaiswal

SECTION Section 50

Untitled Section

4.Acts under consideration

4.1. The following Acts included in the Schedule to the Jan Vishwas (Amendment of

•Provisions) Bill, 2022 are proposed to be amended by the Bill:

SECTION Section 500

Untitled Section

•Section 70 (B) [Not complying with directions of CERT -In, Section 44 (a) [Not furnishing

•document etc. to Controller of Certifying Authorities (CCA) for electronic signatures, Section

•44(b) [Not filing return/ information with CCA] Section 44(c) [Non -maintenance of

•accounts/records by certifying authority] and Section 68 [Not complying with directions of

•CCA] have been proposed with a view to maintain uniformity in penalties for similar

offences.

2.191.4. Amendments to Section 33 [Non -surrender or suspended or revoked licence

•by certifying authority], Section 67C [Non-preservation/retention of prescribed information by

•intermediary], Section 72 [Accessing of electronic records etc. by person in pursuance of

•powers conferred by the IT Act, without obtaining the consent of the person concerned],

SECTION Section 501

Untitled Section

•Section 72A [Disclosing information in breach of a lawful contract, or without consent of a

•person to cause wrongful loss or gain] and Section 45 [Penalty in cases wher e no penalty is

•specified in a section of the IT Act], have been proposed with a view to (i) eliminating

•imprisonment for contraventions by companies and other bodies corporate, (ii) replacing the

•provision for fine imposed by court as punishment for a cri minal offence by provision for

•financial penalty of a higher quantum imposed by administrative officers appointed as

•adjudicating officers, and (iii) rationalising penalty/liability for non-criminal contraventions:

2.191.5. A consequential amendment is al so proposed to section 46 to empower the

•adjudicating officer to adjudicate any contravention under the Act and impose financial

penalty.

•202

2.191.6. Amendment to omit section 66A has been proposed as the same has been

•struck down by the Supreme Court in the matter of Shreya Singhal vs. Union of India.

2.191.7. Amendment has been proposed to the definition of ‘appropriate Government’

•in section 2(1)(e), with a view to enable various administrative Ministries/Departments to

•exercise powers under the IT Act in respect of matters allotted to them under the

•Government of India (Allocation of Business) Rules, 1961, as against the current position

•where only the Ministry of Electronics and Information Technology is enabled to exercise

powers.

2.192. Discussion in the sitting of the Committee:

2.192.1. During the sitting held on January 16, 2023, the Committee sought clarification

•on the use of terminology ‘directions and orders’ in Section 46 of the Act in relation to grant

•of compensation under the Act. In respo nse the Ministry submitted that power to issue

•directions or order have been given under Section 69, 69(a), 69(d), 70 (a), 70 (b) etc. It was

•further submitted that issuing authority wile issuing directions also conveys the consequence

•of noncompliance of such direction. The contravention of the directions would lead to

compensation.

2.193. Suggestions of the Committee:

2.193.1. After detailed discussions and clarifications being sought by the Committee on

•the amendments proposed to be made in the Information Technology Act, 2000, specified at

•serial no. 32 in the Schedule to the Bill, the Committee suggested the following

•modifications to the proposed amendments:

SECTION Section 502

Untitled Section

•Section 2(1)(e): Language of the amendment may be drafted so that the meaning is

clearer.

SECTION Section 503

Untitled Section

•Section 45: The scope of penalty may be made consistent with that under sub -

•section (1A) of section 46.

SECTION Section 504

Untitled Section

•Section 46: The basis for compensation under sub -section (1A) of section 46 may

•be made consistent with that under sections 43 and 43A.

SECTION Section 505

Untitled Section

•Section 72: Provision for punishment as an offence may be retained. Alignment

•may be ensured with the provisions in the Digital Personal Data

•Protection Bill.

SECTION Section 506

Untitled Section

•Section 72 A In case criminal punishment is not proposed, the short title for the

•section may refer to “Penalty” rather than “Punishment”.

•The provision for punishment as an offence may be retained. Alignment

•may be ensured with the provisions in the Digital Personal Data

•Protection Bill.

•203

•The Metro Railways (Operation and Maintenance) Act, 2002

•[Serial No. 33 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.194. Administering Ministry: Ministry of Housing and Urban Affairs

2.195. Purpose of the Act: An Act to provide for the operation and maintenance and

•to regulate the working of the metro

•railway in the National Capital Region, metropolitan city and metropolitan area and

•formatters connected therewith and incidental thereto.

2.196. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision

•Provisions as amended in the

•Bill introduced in Lok Sabha

•1 Section

•6(2)(h)

•In section 6, in sub -section (2), in

SECTION Section 507

Untitled Section

•clause (h), the word “and”

•occurring at the end shall be

•omitted;

SECTION Section 508

Untitled Section

•Section 6(2) Nil After existing sub -section 6(2)(i),

•sub-section (j) shall be inserted as

•under:

•"levy and collect penalties as

•provided in this Act."

•(the above clause is being

•inserted as one of the powers of

•the Metro Railway Administration

•under Section 6)

•2 Section 59(2) If any metro railway official

•is in a state of intoxication

•while on duty, he shall be

•punishable with fine which

•may extend to two hundred

•and fifty rupees or, where

•the improper performance

•of the duty would be likely

•to endanger the safety of

•any passen ger travelling or

•being upon the metro

•railway, with imprisonment

•In section 59 of the principal Act, for

•sub-section (2), the following sub -

•section shall be substituted,

•namely:—

•“If any metro railway official or

•authorized person is in a state of

•intoxication while on duty, he shall

•be punishable with penalty which

•may extend to ten thousand

•rupees”

•204

•for a term which may

•extend to two years, or with

•fine which may extend to

•five hundred rupees, or with

both.

•3 Section 63 If any passenger travels on

•the roof of a train or persists

•in travelling in any part of a

•train not intended for the

•use of passengers or

•projects any part of his

•body out of a train after

•being warned by any metro

•railway official to desist, he

•shall be punishable with

•imprisonment for a term

•which may extend to one

•month, or with fine which

•may extend to fifty rupees

•,or with both, and shall also

•be liable to be removed

•from the train by any metro

•railway official authorised

•by the metro railway

•administration in this behalf.

•If any passenger travels on the

•roof of a metro rail or persists in

•travelling in any part of a metro rail

•not intended for the use of

•passengers or projects any part of

•his body out of a metro rail after

•being warned by any metro ra il

•official to desist, he shall be

•punishable with penalty which

•may extend to five thousand

•rupees, and shall also be liable to

•be removed from the metro rail by

•any metro rail official authorized

•by the metro rail Administration in

•this behalf.

•4 Section 65 If any metro railway official,

•when on duty endangers

•the safety of any

•passenger,—

(a)by any rash or negligent

•actor omission; or

(b)by disobeying any rule,

•regulation or order which

•such official was bound by

•the terms of his

•employment to obey, and of

•which he had notice,

•he shall be punishable

•with imprisonment for a

•term which may extend to

•five years , or with f ine

•which may extend to six

•thousand rupees, or with

both.

•If any metro rail official or

•authorized person, when on duty

•endangers the safety of any

•passenger,-

(a)by any rash or negligent act

•or omission; or

(b)by disobeying any rule or

•order which such officia l was

•bound by the terms of his

•employment to obey, and

•of which he had notice, he shall

•be punishable with

•imprisonment for a term which

•may extend to one year , or

•with fine which may extend to

•thirty thousand rupees, or with

both.

•205

•5 Section69 (4) If any passenger liable to

•pay the excess charge and

•fare mentioned in sub -

•section(1),or the excess

•charge and any difference

•of fare mentioned in sub -

•section (2), fails or refuses

•to pay the same

•on a demand being made

•therefor, any metro railway

•official authorised by the

•metro railway administration

•in this behalf may apply to

•any Metropolitan Magistrate

•for the recovery of the sum

•payable as if it were a fine,

•and the Magistrate if

•satisfied that the sum is

•payable shall order it to be

•so recovered, and may

•orderthatthepersonliablefort

•hepaymentshallindefaultofp

•aymentsufferimprisonmentf

•or a term which may extend

•to one month.

•“If any passenger liable to pay

•the excess charge and fare

•mentioned in sub -section(1), or

•the excess charg e and any

•difference of fare mentioned in

•sub-section (2),fails or refuses to

•pay the same on a demand being

•made therefor, any metro rail

•official authorized by the metro

•rail administration in this behalf

•may apply to any Metropolitan

•Magistrate or, as t he case may

•be, Judicial magistrate of the first

•class, for the recovery of the sum

•payable as if it were a fine.”

•6 Section 70 If any passenger or any

•other person without

•reasonable and sufficient

•cause, makes use of, or

•interferes with, any means

•provided by the metro

•railway administration in a

•train for communication

•between passengers and

•metro railway official in

•charge of t he train, or

•misuses alarm bell of the

•train, he shall be punishable

•with imprisonment which

•may extend to one year ,

•or with fine which may

•extend to one thousand

•rupees, or with both.

SECTION Section 509

Untitled Section

70.Needlessly interfering with

•means of communication in a

train.-

•If any passenger or any other

•person without reasonable and

•sufficient cause makes use of, or

•interferes with, any means

•provided by the metro rail

•administration in a metro rail for

•communication between

•passengers and metro rail official

•in charge of the m etro rail or

•misuses alarm bell or emergency

•stop push or emergency trip

•system or emergency call point of

•the metro rail, he shall be

•punishable with Penalty which

•may extend to ten thousand

rupees.

•206

•7 Section 80 If any person requiring

•compensation from the

•metro railway administration

•under Chapter X makes a

•claim which is false or

•which he knows or believes

•to be false or does not

•believe to be true, he shall

•be punishable with

•imprisonment for a term

•which may extend to

•three years, or with fine, or

•with both.

•Proposed for omission in the Bill,

•as introduced.

•8 Section82 (1) If a person commits

•any offence mentioned in

•sections 59, 61, 65 to 79,

•he may be arrested without

•warrant or other written

•authority by any metro

•railway official or by a police

•officer not below the rank of

•a head constable or by any

•other person whom such

•metro railway official or

•police officer may call to his

•aid:

•Provided that where a

•person has been arrested,

•by any person other than

•the police officer, he shall

•be made over to a police

•officer, or, in the absence of

•a police officer, take such

•person or cause him to be

•taken in custody to the

•nearest police station.

•If a person commits any offence

•mentioned in sections 61, 65 to

•68, 71 to 79, he may be arrested

•without warrant or other written

•authority by any metro railway

•official or by a police officer not

•below the rank of a head

•constable or by any other person

•whom such metro railway official

•or police officer may call to his aid:

•Provided that where a person

•has been arrested, by any person

•other than the police officer, he

•shall be made over to a police

•officer, or, in the absence of a

•police officer, take such person

•or cause him to be taken in

•custody to the nearest police

station.

2.197. Submissions by the Ministry:

2.197.1. In their background note submitted to the Committee, the Ministry of Housing

•and Urban Affairs have submitted as under:

•“Sections relating to travel without proper ticket or pass, making a false claim for

•compensation, travel on the roof of a train, etc. have imprisonment provisions. The

•imprisonment term under these provisions range from 1 month to 5 years, depending

•upon the nature of offence. Imprisonment and fine provisions under Sections 59(2 ),

•63,69(4) and 70 are proposed to be converted to penalty and Imprisonment and fine

•under

SECTION Section 51

Untitled Section

1.The Press and Registration of Books Act, 1867

•10

SECTION Section 510

Untitled Section

•Section 80 is proposed to be omitted. Imprisonment tenure in Section 65 is proposed

•207

•to be reduced. Further, power to levy and collect penalties has been given to Met ro

•Rail Administration.”

2.198. Discussion in the sitting of the Committee:

2.198.1. During the sitting held on January 17, 2023, the Ministry submitted that with

•respect to Section 59 (2) of the Metro Railways (Operation and Maintenance) Act, 2002

•dealing with intoxication by metro railway official while onduty, the Ministry proposes to

•discontinue with punishment of imprisonment while increasing the penalty amount to Rs.

•10,000/- from Rs. 250/-.

2.198.2. On concerns raised by the Committee that the proposed punishment

•prescribed in the provision does not commensurate with the gravity of the offence, the

•representatives of the Ministry of Housing and Urban Affairs informed the Committee that

•since the inception, no case has been registered till date under this Section. It was also

•informed that administrative action resulting in dismissal from service can also be initiated.

•The representatives also informed that in case act by the official endangers the safety of the

•passengers, Section 77 of the Act relating to Rash and Negli gent shall also become

•applicable and the official concerned can be punished with imprisonment for one year. The

•Committee however, after detailed discussion on the matter felt that imprisonment provision

•should not be done away with and the same may be retained.

2.199. Suggestions by the Committee:

2.199.1. After detailed discussions and clarifications sought by the Committee on the

•amendments proposed to be made in the Metro Railways (Operation and Maintenance) Act,

•2002, specified at serial number 33 of the Schedule to the Bill, the Committee suggested the

•following modifications to the proposed amendments:-

SECTION Section 511

Untitled Section

•Section 59 (2): In first part “fine of two hundred and fifty rupees” to be changed to

•“penalty of ten thousand rupees”.

•In the second part imprisonment for two years and “fine” to be retained

•but the amount five hundred rupees of fine to be changed to ten

•thousand rupees.

SECTION Section 512

Untitled Section

•Section 63: The term “after being warned by any metro rail official to desist” to be

•deleted

SECTION Section 513

Untitled Section

•Section 65: Proposed imprisonment to be increased to two years from one year.

SECTION Section 514

Untitled Section

•Section 82(1): Consequential changes be carried out appropriately

•208

•The Prevention of Money-laundering Act, 2002

•[Serial No. 34 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.200. Administering Ministry: Ministry of Finance

•[Department of Revenue]

2.201. Purpose of the Act: An Act to prevent money -laundering and to provide for

•confiscation of property derived from, or involved in money -laundering and for matters

•connected therewith or incidental thereto.

2.202. Amendments proposed to the Act:

Sl.

No.

•Paragraphs Existing Provision Provision, as amended by the

•Bill introduced in Lok Sabha

SECTION Section 515

Untitled Section

1.PARAGRAPH

•21

•OFFENCES

•UNDER THE

•TRADEMARKS

•ACT, 1999

•Section Description of

•offence

•103 Penalty for

•applying false

•trademarks,

•trade

•descriptions, etc.

•104 Penalty for

•selling goods or

•providing

•services to

•which false

•trademark or

•false trade

•description is

•applied

•105 Enhanced

•penalty on

•second or

•subsequent

conviction.

•107 Penalty for

•falsely

•representing a

•trademark as

registered.

•120 Punishment of

•abetment in

•India of acts

•done out of

India.

•For Paragraph 21, the following

•Paragraph shall be substituted,

•namely:-

•“PARAGRAPH 21

•OFFENCES UNDER THE

•TRADEMARKS ACT, 1999

•(47 OF 1999)

•Section Description

•“103 Penalty for

•applying false

•trademarks,

•trade

•descriptions,

etc.

•104 Penalty for

•selling goods

•or providing

•services to

•which false

•trademark or

•false trade

•description is

•applied

•105 Enhanced

•penalty on

•second or

•subsequent

conviction.

•120 Punishment

•of abetment

•in India of

•acts done out

•of India.”;

•209

•2 “PARAGRAPH

•22

•OFFENCES

•UNDER THE

•INFORMATION

•TECHNOLOGY

•ACT, 2000

•Section Description

•72 Penalty for

•breach of

•confidentiality

•and privacy.

•“75 Act to apply

•for offence or

•contravention

•committed

•outside

India.”;

•for Paragraph 22, the following

•Paragraph shall be substituted,

•namely:-

•“PARAGRAPH 22

•OFFENCES UNDER THE

•INFORMATION TECHNOLOGY

•ACT, 2000

•(21 OF 2000)

•Section Description

•“75 Act to apply for

•offence or

•contravention

•committed

•outside India.”;

SECTION Section 516

Untitled Section

3.PARAGRAPH

•25

•OFFENCES

•UNDER THE

•ENVIRONMENT

•PROTECTION

•ACT, 1986

•Section Description

•15 read

•with

SECTION Section 517

Untitled Section

•section

•7

•Penalty for

•discharging

•environmental

•pollutants,

etc., in

•excess of

•prescribed

•standards

•15 read

•with

SECTION Section 518

Untitled Section

•section

•8

•Penalty for

•handling

•hazardous

•substances

•without

•complying

•with

•procedural

safeguards.

•Proposed for omission in the Bill,

•as introduced.

SECTION Section 519

Untitled Section

4.PARAGRAPH

•27

•OFFENCES

•UNDER THE

•AIR

•(PREVENTION

•AND CONTROL

•OF

•POLLUTION)

•ACT, 1981

•Section Description

•37 Failure to

•comply with

•the

•provisions

•for operating

•industrial

plant.

•Proposed for omission in the Bill,

•as introduced.

2.203. Submission by the Ministry:

2.203.1. As per their background note, the Department of Revenue proposed to

•decriminalize offences under Section 107 of the Trade Marks Act, 1999; Section 72 of the

•Information Technology Act, 2000; Section 15 of the Environment Protection Act, 1986; and

SECTION Section 52

Untitled Section

2.The Indian Post Office Act, 1898

SECTION Section 520

Untitled Section

•Section 37 of the Air (Prevention and Control of Pollution) Act, 1981, as under:

•210

(i)substitution of paragraph 21 by deleting Section 107 (Penalty for falsely

•representing a trademark as registered) of Trade Mark Act, 1999;

•(ii) substitution of paragraph 22 by deleting Section 72 (Penalty for breach of

•confidentiality and privacy) of Information Technology Act, 2000;

•(iii) omission of paragraph 25 offences which deals with the offences under

SECTION Section 521

Untitled Section

•Section 15 read with Section 7 and 8 of the Environment Protection Act, 1986;

•and

•(iv) omission of paragraph 27 offences which deals with the offences under

SECTION Section 522

Untitled Section

•Section 37 of the Air (Prevention and Control of Pollution) Act, 1981.

2.203.2. The Department briefed in their background note that the aforesaid offences

•have been incorporated in the schedule to the Prevention of Money -laundering Act, 2002

•keeping in view their grave nature and risk of money laundering associated therewith. Since

•incorporation of these provisions in the Schedule to the Prevention of Money-laundering Act,

•2002, the Directorate of Enforcement have initiated a number of money laundering cases

•wherein substantial amount of proceeds of crime have been identified.

2.203.3. Deletion of Section 107 of the Trade Mark Act, 1999 from the Schedule to the

•Act may augment the malpractices in trade and may provide a potential area to money -

•launderers for generation of the proceeds of crime by indulging in money laundering

•activities such as trading in counterfeit goods. Such kind of trading may be associated with

•criminal syndicates and organized crime groups. Removing this provision may increase

•money laundering activities in such trade related activities.

2.203.4. Offence under Section 72 of the Information Technology Act, 2000 is a

•scheduled offence in paragraph 22 of the Act. This Section prescribed the penalty for

•breach of confidentiality and privacy. In the era where the digital records constitute the

•backbone of an y administrative set up being corporate or government, it is likelihood

•wherein someone may misuse the date of any person by accessing the same without the

•consent of the person concerned and may disclose it to the third person, thus on the face of

•it by doing such act the person may likely to generate proceeds out of such act. So deletion

•of section 72 of the Information Technology Act, 2000 being the scheduled offence is

•opposed since the same has the potential of generation of proceeds of crime and in n o way

•the deletion of the said section would commensurate the objective of the proposed Bill.

2.203.5. In respect of Environment related cases wherein omission of paragraph 25

•offences which deals with the offences under Section 15 read with Section 7 a nd 8 of the

•Environment Protection Act, 1986 and omission of paragraph 27 offences which deals with

•the offences under Section 37 of the Air (Prevention and Control of Pollution) Act, 1981 is

•proposed in the Bill, it is mentioned that the offences related to environment have larger

•impact on the society and on the health of humans and other living beings. Hon’ble

•Supreme Court has time and again pointed out the importance of healthy environment and

•sustainable development. The National Green Tribunal has also emphasis upon money

•laundering aspects of environment related crimes. Thus, the decriminalization as well as

•the consequential removal of these offences from paragraphs 25 and 27 of the Schedule to

•the Prevention of Money-laundering Act, 2002 may aggravate the environmental hazard and

•also let the offender enjoy the proceeds of crime generated out of activities causing harm to

•the environment.

•211

2.203.6. The Department of Revenue in their background note accordingly mentioned

•that in view of the afor esaid, the Directorate of Enforcement opposes the decriminalization

•of the aforesaid offences and consequently the amendments so proposed in the Schedule to

•the Act by way of making deletion/omission/substitution of above said provisions of the

•proposed Bi ll. However, in their subsequent comments, the Department of Revenue has

•stated that since these offences are de -criminalized, it is these may be deleted from the

•Schedule to the Prevention of Money-laundering Act, 2002 as well.

2.204. Discussion in the sitting of the Committee:

2.204.1. The Committee held detailed deliberations on the above proposals of the

•Department of Revenue with the representatives of the Department.

SECTION Section 523

Untitled Section

•Section 107 of the Trade Marks Act, 1999 is reproduced hereunder:

SECTION Section 524

Untitled Section

•Section 107. Penalty for falsely representing a trade mark as registered.

(1)No person shall make any representation--

(a)with respect to a mark, not being a registered trade mark, to the effect

•that it is a registered trade mark; or

(b)with respect to a part of a registered trade mark, not being a part

•separately registered as a trade mark, to the effect that it is separately

•registered as a trade mark; or

(c)to the effect that a registered trade mark is registered in respect of any

•goods or services in respect of which it is not in fact registered; or

(d)to the effect that registration of a trade mark gives an exclusive right to

•the use thereof in any circumstances in which, having regard to limitation

•entered on the register, the registration does not in fact give that right.

(2)If any person contravenes any of the provisions of sub -section (1), he

•shall be punishable with imprisonment for a term which may extend to

•three years, or with fine, or with both.

(3)For the purposes of this section, th e use in India in relation to a trade

•mark of the word "registered", or of any other expression, symbol or sign

•referring whether expressly or impliedly to registration, shall be deemed to

•import a reference to registration in the register, except--

(a)where that word or other expression, symbol or sign is used in direct

•association with other words delineated in characters at least as large as

•those in which that word or other expression, symbol or sign is delineated

•and indicating that the reference is t o registration as a trade mark under

•the law of a country outside India being a country under the law of which

•the registration referred to is in fact in force; or

(b)where that other expression, symbol or sign is of itself such as to

•indicate that the re ference is to such registration as is mentioned in

SECTION Section 525

Untitled Section

•clause (a); or

(c)where that word is used in relation to a mark registered as a trade

•mark under the law of a country outside India and in relation solely to

•goods to be exported to that country or in rel ation to services for use in

•that country.

•212

SECTION Section 526

Untitled Section

•Section 72 of the Information Technology Act, 2000 stipulates the following:

SECTION Section 527

Untitled Section

72.Penalty for Breach of confidentiality and privacy. –Save as otherwise

•provided in this Act or any other law for the time being in force, if any person

•who, in pursuance of any of the powers conferred under this Act, rules or

•regulations made thereunder, has secured access to any electronic record,

•book, register, correspondence, information, document or other material

•without the consent of the person concerned discloses such electronic record,

•book, register, correspondence, information, document or other material to any

•other person shall be punished with imprisonment for a term which may extend

•to two years, or with fine which may extend to one lakh rupees, or with both.

•Sections 7, 8 and 15 of the Environment Protection Act, 1986 are as under:

SECTION Section 528

Untitled Section

7.Persons carrying on industry operation, etc., not to allow emission or

•discharge of environmental pollutants in excess of the standa rds.- No

•person carrying on any industry, operation or process shall discharge or emit

•or permit to be discharged or emitted any environmental pollutants in excess

•of such standards as may be prescribed .

SECTION Section 529

Untitled Section

8.Persons handling hazardous substances to compl y with procedural

safeguards.- No person shall handle or cause to be handled any hazardous

•substance except in accordance with such procedure and after complying with

•such safeguards as may be prescribed.

SECTION Section 53

Untitled Section

3.The Boilers Act, 1923

SECTION Section 530

Untitled Section

15.Penalty for contravention of the provisions of the Act and the Rules,

•Orders and Directions .- (1) Whoever fails to comply with or contravenes any

•of the provisions of this Act, or the rules made or orders or directions issued

•thereunder, shall, in respect of each such failure or contravention, be

•punishable with imprisonment for a term which may extend to five years with

•fine which may extend to one lakh rupees, or with both, and in case the failure

•or contravention continues, with additional fine which may extend to five

•thousand rupees for every day during which such failure or contravention

•continues after the conviction for the first such failure or contravention.

(2)If the failure or contravention referred to in sub -section (1) continues

•beyond a period of one year after the date of conviction, t he offender shall be

•punishable with imprisonment for a term which may extend to seven years.

2.204.2. And, Section 37 of the Air (Prevention and Control of Pollution) Act, 1981 is as

•under:

SECTION Section 531

Untitled Section

37.Failure to comply with the provisions of section 21 or section 22 or with the

•directions issued under section 31A. -- (1) whoever fails to comply with the

•provisions of section 21 or section 22 or directions issued under section 31A, shall, in

•respect of each such failure, be punishable with imprisonment for a term which shall

•not be less than one year and six months but which may extend to six years and with

•fine, and in case the failure continues, with an additional fine which may extend to

•five thousand rupees for every day during which such failure continues after the

•conviction for the first such failure.

•213

(2)If the failure referred to in sub -section (1) continues beyond a period of one year

•after the date of conviction, the offender shall be punishable with imprisonment for a

•term which shall not be less than two years but which may extend to seven years and

•with fine.

2.204.3. During the presentation by the Department of Revenue and the deliberations

•held with them, the Committee inter alia raised their concerns about decriminalization of

SECTION Section 532

Untitled Section

•Section 72 of the Information Technology Act, 2000 which provides penalty for breach of

•confidentiality and privacy. The Committee felt that the provisions which are being proposed

•to be amended in the Schedule to the Prevention of Money -laundering Act, 2002 essentially

•pertain to their original Acts being administered by the concerned Departments other than

•the Department of Revenue. The Department of Revenue is proposing only the

•consequential amendments in the Prevention of Money -laundering Act, 2002. The

•Committee were of the opinion that these matters would be examined once the discussions

•are held with the concerned Ministries/Departments administering the respective Acts during

•the Second Reading and finalize the same.

2.205. Suggestions by the Committee:

2.205.1. After detailed discussions, the Committee directed the Department of Revenue

•to re-examine the proposed amendments in the light of decriminalizing the main Acts and

•see especially in respect the Information Technology Act, 2000 if there are any other

•provisions under the Act imposing punishment.

•214

•The Food Safety and Standards Act, 2006

•[Serial No. 35 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.206. Administering Ministry: Ministry of Health and Family Welfare

•[Department of Health and Family Welfare]

2.207. Purpose of the Act: The Food Safety and Standards Act, 2006 is an Act to

•consolidate the laws relating to food and to establish the Food Safety and Standards Authority

•of India for laying down science based standards fo r articles of food and to regulate their

•manufacture, storage, distribution, sale and import, to ensure availability of safe and

•wholesome food for human consumption and for matters connected therewith or incidental

thereto.

2.208. Amendments proposed to Act:

Sl.

No.

•Sections Existing Provision Provision as amended in the

•Bill introduced in Lok Sabha

•1 Section 59

(i)

•Punishment for unsafe food.-

•Any person who, whether by

•himself or by any other person

•on his behalf, manufactures for

•sale or stores or sells or

•distributes or imports any

SECTION Section 533

Untitled Section

•article of food for human

•consumption which is unsafe,

•shall be punishable

•where such failure or

•contravention does not result in

•injury, with imprisonment for a

•term which may extend to six

•months and also with fine

•which may extend to one lakh

•rupees

•Punishment for unsafe food.-

•Any person who, whether by

•himself or by any other person

•on his behalf, manufacturers for

•sale or stores or sells or

•distributes or imports any article

•of food for human consumption

•which is un safe, shall be

•punishable-

•where such failure or

•contravention does not result in

•injury, with fine which may

•extend to three lakh rupees;

•2 Section 61 Punishment for false

information.-

•If a person, in connection with

•a requirement or direction

•under this Act, provides any

•information or produces any

•document that the person

•knows is false or misleading,

•he shall be punishable with

•imprisonment for a term which

•may extend to three

•months and also with fine

•which may extend to two lakh

•Punishment for false

information.-

•If a person, in connection with a

•requirement or direction under

•this Act, provides any

•information or produces any

•document that the person knows

•is false or mislead ing, he

•shall be punishable with fine

•which may extend to ten lakh

rupees.

•215

•rupees

•3 Section 63 Punishment for carrying out a

•business without license.-

•If any person or food business

•operator (except the persons

•exempted from licensing under

•sub-section (2) of section 31 of

•this Act), himself or by any

•person on his behalf who is

•required to obtain licence,

•manufacturers, sells, stores or

•distributes or imports any

SECTION Section 534

Untitled Section

•article of food without licence,

•shall be punishable with

•imprisonment for a term which

•may extend to six months and

•also with a fine which may

•extend to five lakh rupees.

•Punishment for carrying out a

•business without license.-

•If any person or food business

•operator (except the persons

•exempted from licensing under

•sub-section (2) of section 31 of

•this Act), himself or by any

•person on his behalf who is

•required to obtain licence,

•manufacturers, sells, stores or

•distributes or imports any article

•of food without licence, shall

•be punishable with a fine which

•may extend to five lakh

rupees.

2.209. Submissions by the Ministry:

2.209.1. The Ministry of Health and Family Welfare in their background note provided

•the following information on the proposed amendments:

•“Section 59(i) of the said Act deals with the punishment for unsafe food, which does not

•result in injury. Provision of “imprisonment‟ in section 59(i), as it appears far in excess

•of the gravity of offence, has been proposed to be omitted. It is, however, proposed to

•increase the fine under 59(i), from one lakh to three lakhs, to act as deterrent.

SECTION Section 535

Untitled Section

•Section 61 deals with the punishment for false information. The said provision punishes

•a person for false or misleading information/ documents. Amendment to omit the

•imprisonment and enhance the fine has been proposed.

SECTION Section 536

Untitled Section

•Section 63 deals with th e punishment for carrying out a business without license.

•Provision punishes a person for carrying on business without a license. Accordingly,

•amendment to omit the imprisonment has been proposed.”

2.210. Discussion in the sitting of the Committee:

2.210.1. The Secretary, Department of Health and Family Welfare during the briefing

•on the bill, apprised the Committee that in section 59(1), section 61 and section 63, the

•Ministry is proposing to remove imprisonment and increase fine from rupees one lakh to

•three lakhs to completely decriminalise these provisions.

2.210.2. The Secretary, Department. of Health and Family Welfare further informed the

•Committee that as Food Safety and Standards Act contains provisions for settling penalty

•disputes by adminis trative authority under section 50 to 58 and therefore, these could be

•considered for complete decriminalisation.

•216

2.210.3. The Committee observed that all the sections from 50 to 58 use the word

•Penalty instead of fine and in line suggested that likewise `Penalty’ should be used in

SECTION Section 537

Untitled Section

•section 50, 61 and 63 as well.

2.210.4. In this regard, Secretary, Department of Health and Family Welfare informed

•that to fix substantive liability there should be clear definition of `Unsafe Food” though `Food’

•has been defined under section 3 of the Food Safety and Standards Act 2006. The

•definition talks about ‘hazardous food’ but not ‘unsafe food’ which covers several types of

•unsafe food. Keeping this in view only petty offences under section 56, 61 and 63 have

•been decriminalised.

2.210.5. The Committee, however, opined that complete decriminalisation of Section

•59(1) may affect overall structure of the section, therefore, reduced imprisonment of 3

•months period may be retained and fine may be extended to three lakh rupees.

2.210.6. The Committee also agreed to the removal of punishme nt under section 61

•and 63 and to extended fine amount of Rs. ten lakh, and observed that word `fine’ and

•`punishment’ may be replaced with `Penalty’.

2.210.7. During the course of discussion, the Committee observed that we should not

•forget the purpose o f the Bill which is to unburden courts from unnecessary litigation.

•Therefore, for provisions which provides only for fine, our efforts should be to decriminalize

them.

2.210.8. The Committee suggested that opening sentence of section 63 should be

•changed to `penalty for carrying’ instead of `punishment for carrying’ and in place of the

•words `shall be punishable be substituted with “shall be liable to a penalty’. The Committee

•further suggested that section 61 and 63 may be placed after Section 58 and `penalty’ may

•be provided for in this section. The Committee askedthe Ministry to review for renumbering

•these sections in accordance with uniformity of the Punishment/Penalty being provided for in

•these sections to maintain the harmonious flow of the provisions.

2.211. Suggestions by the Committee:

2.211.1. After detailed discussions, the Committee agreed, in principle, with the

•amendments proposed to the Food Safety and Standards Act, 2006, specified at Serial No.

•35 of the Schedule to the Bill, and de cided to considerthe following

•suggestions/modifications if required during Clause-by-Clause consideration:

SECTION Section 538

Untitled Section

•Section 59(i): Imprisonment for a term which may extend to three months and also

•with fine which may extend to three lakh rupees.

SECTION Section 539

Untitled Section

•Section 61: Original Section to be deleted.

SECTION Section 54

Untitled Section

4.The Indian Forest Act, 1927

SECTION Section 540

Untitled Section

•Section 63: Original Section to be deleted.

•217

•The Government Securities Act, 2006

•[Serial No. 36 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.212. Administering Ministry: Ministry of Finance

•[Department of Economic Affairs]

2.213. Purpose of the Act: It is an Act to consolidate and amend the law

•relating to Government securities and its management by the Reserve Bank of India and for

•matters connected therewith or incidental thereto. “Government security " means a security

•created and issued by the Government for the purpose of raising a public loan or for any

•other purpose as may be notified by the Government.

2.213.1. The Act provides for terms and conditions including the forms of Government

•securities to be issued, such as (i) a Government promissory note payable to or to the order

•of a certain persons; or (ii) a bearer bond payable to bearer; or (iii) a stock; or (iv) a bond

•held in a bond ledger account.

2.214. Amendments proposed to the Act:

Sl.

No.

•Section Existing Provision Provision, as amended by the

•Bill introduced in Lok Sabha

SECTION Section 541

Untitled Section

1.Section

•30(1)

•Contravention and penalties. – (1)

•If any person, for the purpose of

•obtaining for himself or for any

•other person any title to a

•Government security, makes to

•any authority in any application

•made under this Act or in the

•course of any inquiry undertaken

•in pursuance of this Act any

•statement which is false and

•which he either knows to be false

•or does not believe to be true, he

•shall be punishable with

•imprisonment for a term which

•may extend to six months, or with

•fine, or with both.

•Contravention and penalties. –

(1)If any person, for the purpose

•of obtaining for himself or for any

•other person any title to a

•Government security, makes to

•any authority in any application

•made under this Act or in the

•course of any inquiry undertaken

•in pursuance of this Act any

•statement which is false and

•which he either knows to be false

•or does not believe to be true, he

•shall be punishable with fine.

2.215. Submission by the Ministry:

2.215.1. The Department of Economic Affairs has proposed to amend sub -section (1)

•of Section 30 of the Government Securities Act, 2006. The Department, in their background

•note, has given the following rationale for amendment and decriminalisation of Section 30(1)

•of the Act:

•218

(i)It will make the Act less regressive in the present time by eliminating

•imprisonment clause and retaining only fine related clause.

•(ii) The matter was referred to the Reserve Bank of India, the regulator concerned,

•and it has been confirmed by them that “there has neither been any instance of

•invocation of imprisonment clause under Section 30(1) of the Government

•Securities Act, 2006 nor any fine has been imposed under the said Section of the

Act.”

•(iii) As there had been no occasion for RBI to impose fine on any individual or entity

•dealing with the Government Securities Act, 2006 and the fact that institutions like

•banks, insurance companies, mutual funds, etc. mostly deal in large amount of

•Government securities, it was felt that imprisonment related clause may be

•removed and fine related provision only be continued as any contravening

•individual/institution will be liable for punishment with fine imposed by the Court on

•a complaint made by the RBI.

2.216. Discussion in the sitting of the Committee:

2.216.1. During their sitting held on 6 th February, 2023, the Committee pondered the

•amendment proposed by the Department and examined Section 30 in entirety deliberating

•on all the sub -section and related sections of the Act. The Committee enquired whether

•there is any such provision of the Act which relates to contravention of any regulation or

•notification or direction. The Committee observed that sub -section (3) of Section 30 covers

•all types of contraventions. The Committee further observed as under:

•“Instead of fine, the word ‘penalty’ will be there. It is because in the opening

•portion of sub-section 30, it is said “Contravention and penalties”. The thing is

•that penalty is to be decided by the RBI and fine is to be decided by the Court.

•We do not want that matter should go before the Court. We want that it should

•be before the RBI to decide the penalty. Our intent and object is very clear.

•Only for this purpose, if we are compe lling the aggrieved person to go before

•the Court for fine by filing a complaint under sub -section (2), no purpose will

•be served.”

2.216.2. The representative from the Department submitted that this provision was kept

•because if somebody gives a wrong document or statement to obtain the title of the security,

•then the ownership cannot be decided by the Regulator. In such a case, there may be a

•police case and court adjudication. After having detailed discussion, the Committee opined

•that at the prelimi nary stage, it can even be decided by the RBI and if any person is

•aggrieved of that they can file the appropriate petition before the appropriate court of law.

•The Committee also considered that there are many other enactments where mens rea is

•there and the administrative authority is deciding the issue.

2.217. Suggestions by the Committee:

2.217.1. After deliberations and clarifications on the amendments proposed to be made

•in the Government Securities Act, specified at serial no. 36 of the Schedule to the Bill, the

•219

•Committee decided to consider inter alia the following modifications during clause-by-clause

•consideration:

(i)Section 30(1): The fine related provision should be replaced with penalty

•provision to be imposed by the Reserve Bank of India and the

•quantum of penalty should be prescribed.

•(ii) Section 30(2): To be omitted.

•(iii) Section 30(3): This should be renumbered as sub-section (2).

•(iv) The Committee was of the view that the Ministry of Law and Justice may

•reformulate the above provisions in consultation with the Department of Financial

Services.

•220

•The Cantonments Act, 2006

•[Serial No. 37 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.218. Administering Ministry: Ministry of Defence

•[Department of Defence]

2.219. Purpose of the Act: The administration in Cantonments is carried out as per

•the provisions of the Cantonments Act, 2006 (41 of 2006), which replaced the repealed

•Cantonments Act, 1924. Many of the provisions of the earlier Act were retained in the new

•Act, and with the passage of time it was found necessary to amend certain provisions to

•keep pace with the changing ti mes and keeping it aligned with best practices of modern

•municipal governance.

2.220. Amendments proposed to Act:

Sl.

No.

•Sections Existing Provision Provision as amended in

•the Bill introduced in Lok

•Sabha

•1 Section 156 Subject to the provisions of any Act

•made in this regard and the rules and

•regulations made thereunder,

•whoever, being in charge of a blood

•bank or any other establishment which

•collects or supplies blood, plasma,

•marrow or any other substance for

•transfusion or treatment of patients or

•for any other medical use, fails to take

•adequate precautions or exercise

•adequate supervision thereby leading

•to or resulting in the supply of infected

•or contaminated blood, plasma,

•marrow or any other substance, shall

•be punishable with imprisonment

•which may extend to five years or with

•fine which may extend to one lakh

•rupees or with both.

•To be omitted

•2 Section

•185(1)

•No person employed in any service, or

•being employed in connection with the

•working of any system of public

•conservancy or sanitation or water

•supply or hospitals or dispensaries or

•electric supply or public transport

•services or such other essential

•services under a Board in any

•cantonment area, shall, in the absence

•No person employed in any

•essential service under a

•Board in a cantonment s hall,

•in the absence of any

•contract, resign without

•reasonable cause or absent

•himself from duty without

•proper authority and in case

•of such resignation or

•221

•of any contract, resign without

•reasonable cause or absent himself

•from duty without proper authority and

•in case of such resignation or absence

•from duty he shall be punishable with

•imprisonment which may extend to one

•month; and the conditions of service

•specified herein shall, invariably be

•mentioned in the appointment letter of

•the persons employed to said services.

•absence from duty,

•disciplinary proceedings shall

•be initiated against him in

•accordance with such

•procedure as may be

prescribed.

SECTION Section 542

Untitled Section

3.Section 285 If within a cantonment, or within such

•limit sad joining a cantonment as the

•Central Government may, by

•notification in the Official Gazette,

•define, any person not subject to Army,

•Navy or Air Force law, or any person

•subject to Army, Navy or Air Force law,

•otherwise than as a military officer or a

•soldier knowingly barters, sells or

•supplies, or offers or attempts to

•barter, sell or supply, any spirituous

•liquor or intoxicating drug to or for the

•use of any soldier or soldier's wife or

•minor child without the written

•permission of the Officer Commanding

•the station, or of some person

•authorised by the Officer Commanding

•the station, to grant such permission,

•he shall be punishable with fine which

•may extend to five thousand rupees, or

•with imprisonment for a term which

•may extend to six months, or with both.

•If within a cantonment, or

•within such limit sad joining a

•cantonment as the Central

•Government may, by

•notification in the Official

•Gazette, define, any person

•not subject to Army, Navy or

•Air Force law, or any person

•subject to Army, Navy or Air

•Force law, otherwise than as

•a military officer or a soldier

•knowingly barters, sells or

•supplies, or offers or attempts

•to barter, sell or supply, any

•spirituous liquor or

•intoxicating drug to or for the

•use of any soldier or soldier's

•wife or minor child without the

•written permission of the

•Officer Commanding the

•station, or of some person

•authorised by the Officer

•Commanding the station, to

•grant such permissi on, he

•shall be punishable with fine

•which may extend to seven

•thousand and five hundred

rupees.

SECTION Section 543

Untitled Section

4.Section 286 If within a cantonment, or within any

•limits defined under section 285—

(a)any person subject to, Army, Navy

•or Air Force law, otherwise than as a

•military officer or a soldier; or

(b)the wife or servant of any such

•person or of a soldier,

•has in his or her possession, except on

•behalf of the Central Government or

•for the private use of a military officer,

•more than one quart of any spirituo us

•liquor, other than fermented malt -

•If within a canto nment, or

•within any limits defined

•under section 285—

(a)any person subject to,

•Army, Navy or Air Force law,

•otherwise than as a military

•officer or a soldier; or

(b)the wife or servant of any

•such person or of a soldier,

•has in his or her possession,

•except on behalf of the

•Central Government or for the

•222

•liquor, without the written permission of

•the Officer Commanding the station or

•of some person authorised by the

•Officer Commanding the station, to

•grant such permission, he or she shall

•be punishable, in the case of a first

•offence, with fine which may extend to

•two thousand five hundred rupees,

•and, in the case of a subsequent

•offence, with imprisonment for a term

•which may extend to three months, or

•with fine which may extend to five

•thousand rupees.

•private use of a military

•officer, more than one quart

•of any spirituous liquor, other

•than fermented malt -liquor,

•without the written permission

•of the Officer Commanding

•the station or of some person

•authorized by the Officer

•Commanding the station, to

•grant such permission, he or

•she shall be punishable, in

•the case of a first offence,

•with fine which may extend to

•three thousand rupees, and,

•in the case of a subsequent

•offence with fine which

•may extend to five

•thousand rupees.

SECTION Section 544

Untitled Section

5.Section 287 Any police officer or excise officer may,

•without an order from a Judicial

•Magistrate, and without a warrant,

•arrest any p erson whom he finds

•committing an offence under section

•285 or section 286, and may seize and

•detain any spirituous liquor or

•intoxicating drug in respect of which

•such an offence has been committed

•and any vessels or coverings in which

•the liquor or drug is contained.

(2)Where a person accused of an

•offence under section 285 has been

•previously convicted of an offence

•under that section, an officer in charge

•of a police station may, with the written

•permission of a Judicial Magistrate,

•seize and detain any spirituous liquor

•or intoxicating drug within the

•cantonment or within any limits defined

•under that section which, at the time of

•the alleged, commission of the

•subsequent offence, belonged to, or

•Seizure and confiscation of

•things for offences under

•sections 285 and 286.--

•Notwithstanding anything

•contained in the Code of

•Criminal Procedure, 1973, (2

•of 1974), any police officer or

•excise officer may, without an

•order from a Judicial

•Magistrate, and without a

•warrant, seize and detain any

•spirituous liquor o r

•intoxicating drug in respect of

•which an offence under

SECTION Section 545

Untitled Section

•section 285 or section 286

•has been committed and any

•vessels or coverings in which

•the liquor or drug is

contained.

(2)Where a person accused

•of an offence under section

•285 has been previously

•convicted of an offence under

•that section, an officer in

•charge of a police station

•may, with the written

•permission of a Judicial

•Magistrate, seize and detain

•any spirituous liquor or

•intoxicating drug within the

•cantonment or within any

•223

•was in the possession of, such person.

(3)The court convicting a person of an

•offence under section 285 or section

•286 may order the confiscation of the

•whole or any part of anything seized

•under sub -section ( 1) or sub -section

(2).

(4)Subject to the provisions of Chapter

•XXXIV of the Code of Criminal

•Procedure, 1973 (2 of 1974) anything,

•seized under sub -section ( 1) or sub -

•section ( 2) and not confiscated under

•sub-section (3) shall be restored to the

•person from whom it was taken

•limits defined und er that

•section which, at the time of

•the alleged, commission of

•the subsequent offence,

•belonged to, or was in the

•possession of, such person.

(3)The court convicting a

•person of an offence under

SECTION Section 546

Untitled Section

•section 285 or section 286

•may order the confiscation o f

•the whole or any part of

•anything seized under sub -

•section (1) or sub-section (2).

(4)Subject to the provisions

•of Chapter XXXIV of the Code

•of Criminal Procedure, 1973

•(2 of 1974) anything, seized

•under sub -section ( 1) or sub -

•section ( 2) and not

•confiscated under sub-section

(3)shall be restored to the

•person from whom it was

taken.

•6 289(5) Whoever in a cantonment

•manufactures, supplies, carries or

•uses for packaging or any other

•purposes material of non -

•biodegradable nature including

•polythene bags shall be punished with

•fine which may extend to five thousand

•rupees or imprisonment which may

•extend to six months.

•Whoever in a cantonment

•manufactures, supplies,

•carries or uses for packaging

•or any other purposes

•material of non-biodegradable

•nature including polythene

•bags shall be punishable, in

•the case of a first offence,

•with a fine which may

•extend to five thousand

•rupees and, in the case of a

•subsequent offence, with a

•fine which may extend to

•ten thousand rupees.

SECTION Section 547

Untitled Section

7.300(1) Whoever in a ca ntonment loiters for

•the purpose of prostitution or

•importunes any person to the

•commission of sexual immorality, shall

•be punishable with imprisonment

•which may extend to three months, or

•with fine which may extend to five

•thousand rupees and in case of

•subsequent offence shall be

•punishable with imprisonment which

•Whoever in a cantonment

•loiters for the purpose of

•prostitution or importunes any

•person to the commission of

•sexual immorality, shall be

•punishable with fine which

•may extend to six thousand

rupees.

•224

•may extend to one year.

•8

•314 Any member of the police force

•employed in a cantonment may,

•without a warrant, arrest any person

•committing in his view a breach of any

•of the provisions of this Act which are

•specified in Schedule IV:

•Provided tha t— (a) in the case of a

•breach of any such provisions as is

•specified in Part B of Schedule IV, no

•person shall be so arrested who

•consents to give his name and

•address, unless there is reasonable

•ground for doubting the accuracy of

•the name or address so given, the

•burden of proof of which shall lie on

•the arresting officer, and no person so

•arrested shall be detained after his

•name and address have been

•ascertained;

SECTION Section 548

Untitled Section

314.Arrest without warrant.—

•Any member of the police

•force employed in a

•cantonment may , without a

•warrant, arrest any person

•committing in his view a

•breach of the provision of

SECTION Section 549

Untitled Section

•clause (a) of Section 304;

•Provided that in the case of a

•breach of such provisions, no

•person shall be arrested who

•consents to give his name

•and address, unless there is

•reasonable ground for

•doubting the accuracy of the

•name or address given, the

•burden of proof of which shall

•lie on the arresting officer,

•and no person arrested shall

•be detained after his name

•and address have been

ascertained.

(b)no person shall be so arrested for

•an offence under section 300 except—

(i)at the request of the person

•importuned, or of a military officer in

•whose presence the offence was

•committed; or

•(ii) by or at the request of a member of

•the Military, Naval or Air Force Police,

•who is employed in the cantonment

•and authorised in this behalf by the

•Officer Commanding the Station, and

•in whose presence the offence was

•committed or by or at the request of

•any police officer not below the rank of

•assistant sub -inspector who i s

•deployed in the cantonment and

•authorised in this behalf by the Officer

•Commanding the station.

•This should be deleted.

•9 331 Save as otherwise expressly provided

•in this Act, no court shall proceed to

•the trial of any offence made

•punishable by or under this Act, other

•than an offence specified in Schedule

•IV, except on the complaint of or upon

•information received from the Boar d

•concerned or a person authorized by

•Save as otherwise expressly

•provided in this Act, no court

•shall proceed to the trial of

•any offence made punishable

•by or under this Act, other

•than an offence s pecified in

SECTION Section 55

Untitled Section

5.The Agricultural Produce (Grading and Marking) Act, 1937

SECTION Section 550

Untitled Section

•clause (a) of section 304 ,

•except on the complaint of or

•225

•the Board by a general of special order

•in this behalf.

•upon information received

•from the Board concerned or

•a person authorized by the

•Board by a general of special

•order in this behalf.

•10 332(1) (1) The Chief Executive Officer or any

•person authorised by him, by general

•or special order in this behalf, may,

•either before or after the institution of

•the proceedings, compound an

•offence, made punishable by or under

•this Act other than an offence under

SECTION Section 551

Untitled Section

•Chapter XIV:

•Provided that no offence shall be

•compoundable which is committed by

•failure to comply with a notice, order or

•requisition issued by or on behalf of

•the Chief Executive Officer, unless and

•until the same has been complied with

•in so far as compliance is possible.

(1)The Chief Exe cutive

•Officer or any person

•authorised by him, by general

•or special order in this behalf,

•may, either before or after the

•institution of the proceedings,

•compound an offence, made

•punishable by or under this

•Act other than an offence

•under clause (a) of section

•304:

•Provided that no offence shall

•be compoundable which is

•committed by failure to

•comply with a notice, order or

•requisition issued by or on

•behalf of the Chief Executive

•Officer, unless and until the

•same has been complied with

•in so far as c ompliance is

possible.

•11 Schedule IV 174 Making or

•selling of food,

etc., or

•washing of

•clothes, by

•infected

person.

•Schedule IV is proposed to be

•omitted in the Bill, as

introduced.

•289(1)(a)(i) Drunkenness,

etc.

•183(1) Remaining in

•or re-entering,

•cantonment

•after notice of

•expulsion for

•failure to

•attend hospital

•or dispensary.

•259 Destroying,

etc., name of

•street or

•number affixed

•to building.

•226

•282 Feeding

•animal on

•faith, etc.

•289(1)(a)(ii) Using

•threatening or

•abusive words,

etc.

•289(1)(a)(iii) Indecent

•exposure of

•person, etc.

•289(1)(a)(iv) Begging.

•289(1)(a)(v) Exposing

•deformity, etc.

•289(1)(a)(vii) Gaming.

•289(1)(a)(xii) Destroying

•notice, etc.

•289(1)(a)(xiii) Displaces,

•damages,

•alters,

•pavements,

•gutter, storm

•water drain.

•289(1)(f) Keeping

•common

•gaming-house,

etc.

•289(1)(g) Beating Drum

etc.

•289(1)(h) Singing, etc.,

•so as to

•disturb public

•peace or

order.

•290(6) Setting loose,

•or setting on,

•ferocious dog.

•296 Discharging

•fire-arms, etc.,

•so as to cause

danger.

•300 Loitering or

•importuning for

•sexual

immorality.

2.221. Submissions by the Ministry:

2.221.1. The Ministry of Defence in their background note informed that in line with the

•Government’s policy of decriminalizing minor offences, various offences in Cantonments

•227

•Act, 2006 are proposed to be decriminalized by way of either removal of such provisions

•altogether, or by retaining only ‘the fine’ in case of such offences. Offences such as carrying,

•using, manufacturing non -bio-degradable material (including polythene bags), penal

•provision relating to persons employed in essential duty resigning / absentin g without

•reasonable cause/proper authority, loitering or importuning for sexual immorality, selling

•spirituous liquor and intoxicating drug substances, possession of spirituous liquor, public

•nuisances etc. under the Cantonments Act, 2006 have been decrim inalized in the Jan

•Vishwas (Amendment of Provisions) Bill, 2022. Many of these offences are proposed to be

•decriminalized are such offences which are already covered either under the Indian Penal

•Code (IPC) or other Central/State Legislations.

2.222. Discussion in the sitting of the Committee:

2.222.1 The representative from Ministry of Defence during the sitting dated 9.2.2023

•briefed the Committee about the proposed amendments in the Cantonment Act, 2006. The

•representative deposed the following:

•“Under the Cantonment Act, out of 24 offences, which is punishable with

•imprisonment, about 23 have been amended and have been either removed

•completely or the component of fine has been retained. Sir, Section 156, which we are

•proposing to amend, talks abo ut the failure to take adequate precautions in collection

•and supply of blood which results in supply of infected or contaminated blood, plasma,

•marrow, etc. As per the existing Act, this offence is punishable with imprisonment up

•to five years or a fine u p to Rs. one lakh or both. In the proposed amendments, this

•Section is proposed to be deleted.”

2.222.2. While deliberating upon the amendments in Section 156, covering offence of

•considerably of serious nature, the Committee sought rationale for repealin g this section.

•The representative M/o Defence submitted the following:

•“Sir, under the Drugs and Cosmetics Act, there is Section 27 which talks about

•penalty for manufacture, sale, etc., of drugs in contravention of this Chapter. Now,

•the drugs actually have been defined in a very elaborate term. It includes

everything.Blood is also basically a part of the drug. Under this Act, a rule has

•been made, that is, the Drugs and Cosmetics Rules, 1945. In this, there is a

•complete chapter. Though that chapter has not been given any number, but Section

•122 (e) to Section 122 (p) of the Drugs and Cosmetics Rules, 1945 deal with the

•collection, distribution of blood, etc. Everything has been given in detail. There is a

•provision of licensing, inspection, etc. All s uch details are provided in the rules. If

•there is a contravention of these provisions, then under Section 27 of the Act only

•the penalty can be imposed. So, what we are saying is, the entire gamut of

•collection or transfusion of blood or blood centre is d ealt with under the Drugs and

•Cosmetics Act or the rules laid thereunder.”

2.222.3. The Committee further asked whether both these sections are identical, the

•representative informed as under:

•“It is not identical. Under the Drugs and Cosmetics Rules, there is an elaborate

•arrangement for managing these blood collection centres. So, our provision was only

•228

•in a very summarised way. But in the rules under the Drugs and Cosmetics Act, it

•has been pr ovided in a very detailed manner.Each and every aspect of the Blood

•Collection Centre is actually covered. It is a very elaborate rule. 122-E is the rule.”

2.222.4. The Committee found the explanation as not satisfactory enough as it raised

•doubts if the penalty provision mentioned in the Drugs and Cosmetics Act penalises the

•blood bank as well. As the Drugs and Cosmetic Act that came into existence way back in

•1940 and Cantonment Act which is as recent as 2006. Further, Committee viewed it to be

•vague to say that blood banks would be covered in section 27,as the two are essentially

•different, one is about negligence and the other is drug related issue.

2.222.5. The Committee then wished to know about otherActs which covers blood

•banks,the Ministry represe ntative apprised that it is covered in the Rules of Drugs and

•Cosmetics Act. In this connection, one of the representatives deposed before the

•Committee, the following:

•“The definition is contained under a subordinate legislation made under a different

Act.The purpose of definition may be only restricted to administration of that particular

Act.That definition can be changed, edited and it may not come to the Parliament.

•The Government may change the definition depending upon the change of

circumstances.So, we do not know if the change would have some effects on the

•blood, that is, proposed to be dealt with under the Cantonments Act.”

2.222.6. The Committee being not sure about the coverage of the offence in remaining

•Acts and considering the grave nature of the offence, suggestedto the Ministry to reconsider

•their proposal of repealing the section and instead to retain the section.The Committee

•asked Ministry to make specific note in this regard and submit to the Secretariat.

2.222.7. While pondering further over the proposal of Ministry to repeal Section 285,

•the Committee viewed that the section covers act of selling liquor and other intoxicating drug

•to the minor is a serious offence and hence should not be decriminalised. Similarly, whether

•the Nar cotics Drugs and Psychotropic Substances Drugs Act, 1985will be applicable in

•Cantonment and Ministry may see whether the amendments are compatible with the

provisions.This does not fulfil the objectives of the Bill to decriminalise for the purpose of

•ease of doing business and it involves public safety therefore may be retained. However,

•Ministry representative informed that the matter is covered under the State Excise Act. The

•Committee asked the Ministry to first get sure if the State Excise Act applies to Cantonment

•Area as well and which among these would prevail.

2.223. Suggestions by the Committee:

2.223.1. Members of the Committee sought clarifications regarding compatibility and

•applicability of sections 156, 285, 286, 287(1), 289(5) and section 300(1) with other Central

•and State Acts and review the amendments proposed to the Cantonments Act, 2006,

•specified at Serial No. 37 in the Schedule to the Bill. The Committee further deliberated and

•after detailed discussion proposed to consider any amendments, if required, during the

SECTION Section 552

Untitled Section

•clause-by-clause consideration.

•229

•The Payment and Settlement Systems Act, 2007

•[Serial No. 38 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.224. Administering Ministry: Ministry of Finance

•[Department of Financial Services]

2.225. Purpose of the Act: To provide for the regulation and supervision of payment

•systems in India and to designate the Reserve Bank of India as the authority for that

•purpose and for matters connected therewith or incidental thereto.

2.226. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision, as amended in the Bill

•introduced in Lok Sabha

SECTION Section 553

Untitled Section

1.Section

•26(3):

•If any person fails to produce

•any statement, information,

•returns or other documents, or

•to furnish any statement,

•information, returns or other

•documents, which under section

•12 or under section 13, it is his

•duty to furnish or to answer any

•question relating to the

•operation of a payment system

•which is required by an officer

•making inspection under section

•14, he shall be punishable with

•fine which may extend to ten

•Iakh rupees in respect of each

•offence and if he persists in

•such refusal, to a further fine

•which may extend to twenty -five

•thousand rupees for every day

•for which the offence continues.

•If any person fails to produce any

•statement, information, returns or

•other documents, or to furnish any

•statement, information, returns or

•other documents, which under

SECTION Section 554

Untitled Section

•section 12 or under section 13, it is

•his duty to furnish or to answer any

•question relating to the operation of

•a payment system which is required

•by an officer making inspection

•under section 14, he shall liable to

•a penalty as may be imposed in

•accordance with the provisions

•of section 30.

SECTION Section 555

Untitled Section

2.Section

•26(6):

•If any provision of this Act is

•contravened, or if any default is

•made in complying with any

•other requirement of this Act, or

•of any regulation, order or

•direction made or given or

•condition imposed thereunder

•and in respect of which no

•penalty has been s pecified,

•then, the person guilty of such

•contravention or default, as the

•case may be, shall be

•If any provision of this Act is

•contravened, or if any default is

•made in complying with any other

•requirement of this Act, or of any

•regulation, or der or direction made

•or given or condition imposed there

•under and in respect of which no

•penalty has been specified, then,

•the person responsible of such

•contravention or default, as the

•case may be, shall be liable to a

•penalty as may be imposed in

•230

•punishable with fine which may

•extend to ten lakh rupees and

•where a contravention or default

•is a continuing one, with a

•further fine which may extend to

•twenty-five thousand rupees for

•every day, after the first during

•which the contravention or

•default continues.

•accordance with the provisions

•of section 30.

SECTION Section 556

Untitled Section

3.Section

•30: Power

•of

•Reserve

•Bank to

•impose

•fines

(1)Notwithstanding anything

•contained in section 26, if a

•contravention or default of the

•nature referred to in sub -section

(2)or sub -section (6) of section

•26, as the case may be, the

•Reserve Bank may impose on

•the person contravening or

•committing default a penalty not

•exceeding five lakh rupees or

•twice the amount involved in

•such contravention or default

•where such amount is

•quantifiable, whichever is more ,

•and where such contravention

•or default is a continuing one, a

•further penalty which may

•extend to twenty -five thousand

•rupees for every day after the

•first during which the

•contravention or default

•continues

(1)Notwithstanding anything

•contained in sec tion 26, if a

•contravention or default of the

•nature referred to in sub -section (2)

•or sub-section (3) or sub -section

(6)of section 26, as the case may

•be, the Reserve Bank may impose

•on the person contravening or

•committing default a penalty not

•exceeding ten lakh rupees or twice

•the amount involved in such

•contravention or default where such

•amount is quantifiable, whichever is

•more, and where such

•contravention or default is a

•continuing one, a further penalty

•which may extend to twenty -five

•thousand rupees for every day after

•the first during which the

•contravention or default continues.

2.227. Submission by the Ministry:

2.227.1. The Department of Financial Services has proposed to amend Section 26 of

•the Payment and Settlement Systems Act, 2007 and consequential amendments in Section

•30of the Act. In their background note, the Department has stated inter alia that the existing

•sub-section (3) of Section 26 of the Act criminalizes a relatively routine procedural violation

•into an offence punishable by fine. The proposed amendment in this sub -section

•decriminalizes this by changing this into a liability to pay penalty. Similarly, sub -section (6)

•of Section 26 is an omnibus clause without any specificity of offence. Rather than fine, the

•proposed amendment in this sub -section seeks to empower the regulator to levy a penalty,

•thereby decriminalizing the Section. The consequential amendments proposed in Section

•30 to include the aforesaid changes appropriately therein providing for the manner of levying

•penalty by the Reserve Bank of India.

•231

2.228. Discussion in the sitting of the Committee:

2.228.1. During their sitting held on 6 th February, 2023, the Committee discussed the

•proposed amendments at length. The Committee observed that from the very beginning

•when the Payment and Settlement Systems Act, 2007 came into effect, the word ‘fine’ is

•mentioned in the marginal heading to Section 30 of the Act whereas the provisions of the

•Section indeed pertain to imposition of ‘penalties’ as mentioned in the body of the Section.

•This fallacy in the original Act needed to be rectified.

2.229. Suggestions by the Committee:

2.229.1. After discussing the amendments proposed in the Payment and Settlement

•Systems Act, 2007 in detail, the Committee concurred with the amendments proposed by

•the Department of Financial Services and decided to consider inter alia the following

•modifications during clause-by-clause consideration:

(i)Section 30: In the marginal heading of the Section, “Power of Reserve Bank to

•impose fines” be replaced with “Power of Reserve Bank to impose

•penalties”.

•232

•The Collection of Statistics Act, 2008

•[Serial No. 39 of the Jan Vishwas(Amendment of Provisions) Bill, 2022]

2.230. Administering Ministry: The Ministry of Statistics and Programme

•Implementation

2.231. Purpose of Act: The Act is intended to facilitate the collection of statistics

•on economic, demographic, social, scientific and environmental aspects by Government at

•all levels, and for matters connected herewith or incidental there to. The rules under the CoS

•Act, 2008, namely, the Collection of Statistics Rules, 201 1 have been notified on

16.05.2011.

2.231.1. As per provisions under CoS Act, persons to furnish information requested for

•by the ‘statistics officer’ of any ministry or department in the central or state government or

•union territory administration, or a ny panchayat or municipality. The statistics officer also

•has the right to access any relevant document in the person’s possession, including entering

•any premises where he believes the document to be kept in order to inspect or take

possession.

2.232. Amendments proposed to Act:

Sl.

No.

•Section No. Existing Provision Provision as amended in the

•Bill introduced in Lok Sabha

•1 Section15.

•Penalty for

•neglect or

•refusal to

•supply

particulars.–

SECTION Section 557

Untitled Section

15.Penalty for neglect or refusal

•to supply particulars.–

(1)Whoever, fails to produce

•any books of account, vouchers,

•documents or other business

•records or whoever neglects or

•refuses to fill in and supply the

•particulars required in any

•information schedule or return

•given or sent to him or whoever

•neglects or refuses to answer any

•question or inquiry addressed to

•him as may be required under or

•for the purposes of any provision

•of this Act and the rules made

•thereunder, shall be punishable

•with a fine which may extend to

•one thousand rupees or, in the

•case of a company, with a fine

•which may extend to five

•thousand rupees.

SECTION Section 558

Untitled Section

15.Penalty for neglect or

•refusal to supply particulars or

•any other acts in contravention

•of the Act.–

(1)Whoever, acts in

•contravention of or fails to

•produce any books of account,

•vouchers, documents or other

•business records or whoever

•neglects or refuses to fill in and

•supply the particulars required

•in any information schedule or

•return given or sent to him or

•whoever neglects or refuses to

•answer any question or inquiry

•addressed to him as may be

•required under or for the

•purposes of any provision of

•this Act and the rules made

•thereunder, shall be punishable

•with a fine which may extend to

•one thousand rupees or, in the

•case of a company, with a fine

•233

•which may extend to five

•thousand rupees.

SECTION Section 559

Untitled Section

2.Section 16.

•Penalty for

•making false

statement.–

SECTION Section 56

Untitled Section

6.The Drugs and Cosmetics Act, 1940

SECTION Section 560

Untitled Section

•Section 16. Penalty for making

•false statement. –Whoever,

•wilfully makes any false or

•misleading statement or material

•omission in any information

•schedule or return filled in or

•supplied, or in answer to any

•question asked to him under this

•Act or the rules made thereunder,

•shall be punishable with simple

•imprisonment for a term which

•may extend to six months or with

•a fine which may extend to one

•thousand rupees or, in the case

•of a company, wi th a fine which

•may extend to five thousand

•rupees or with both.

•Proposed for omission in the

•Bill, as introduced.

•3 Section 17.

•Penalty for

•mutilation or

•defacement of

•information

schedule.–

SECTION Section 561

Untitled Section

•Section 17. Penalty for

•mutilation or defacement of

•information schedule. –

•Whoever, destroys, defaces,

•removes, or mutilates any

•information schedule, form, or

•other document containing

•particulars collected under this

•Act or requesting any such

•particulars, shall be punishable

•with simple imprisonment for a

•term whi ch may extend to six

•months or with a fine which may

•extend to two thousand rupees

•or, in the case of a company with

•a fine which may extend to ten

•thousand rupees or with both.

•Proposed for omission in the

•Bill, as introduced.

•4 Section 18.

•Penalty for

•obstruction of

employees.–

SECTION Section 562

Untitled Section

•Section 18. Penalty for

•obstruction of employees. –

•Whoever, interferes with, hinders,

•or obstructs any employee in the

•exercise of any power or duty

•conferred by this Act, shall be

•punishable with simple

•imprisonment for a term which

•may extend to six months or with

•a fine which may extend to two

•thousand rupees or, in the case

•of a company with a fine which

•may extend to ten thousand

•rupees or with both.

•Proposed for omission in the

•Bill, as introduced.

•234

•5 Section 19.

•Penalty for

•other

offences.–

SECTION Section 563

Untitled Section

•Section 19. Penalty for other

offences.–Whoever–

(a)acts in contravention of or fails

•to comply with any provision of

•this Act or any requirement

•imposed under this Act; or

(b)wilfully deceives or attempts

•to deceive any statistics officer or

•any agency or any employee

•thereof,

•shall be punishable with simple

•imprisonment for a term which

•may extend to six months or with

•a fine which may extend to two

•thousand rupees or, in the case

•of a company, with a fine which

•may extend to ten thousand

•rupees or with both.

•Proposed for omission in the

•Bill, as introduced.

•6 Section 20.

•Penalty for

•failure to carry

•out duties

•and functions

•by

employees.–

SECTION Section 564

Untitled Section

•Section 20. Penalty for failure to

•carry out duties and functions by

employees.–If any person

•employed in the execution of any

•duty or functions under this Act,–

(a)omits without lawful excuse to

•carry out his duty, or knowingly

•makes any false declaration,

•statement or return; or

(b)pretends performance of his

•duties or obtains or seeks to

•obtain information which he is not

•authorised to obtain; or

(c)fails to keep inviolate the

•secrecy of the information

•gathered or entered in the

•information schedules collected

•pursuant to this Act and, except

•as permitted under this A ct,

•divulges the contents of any

•schedule filled in or any

•information furnished by any

•informant under this Act,

•shall be punishable with simple

•imprisonment for a term which

•may extend to six months or with

•a fine which may extend to two

•thousand rupees or, in the case

•of a company, with a fine which

•may extend to ten thousand

•rupees or with both.

•Proposed for omission in the

•Bill, as introduced.

•7 Section 21. Section 21. Penalty for Proposed for omission in the

•235

•Penalty for

•impersonation

•of employee.–8

•impersonation of employee. –

•Whoever, not being authorised to

•collect statistics under the

•provisions of this Act, by words,

•conduct or demeanor pretends

•that he is authorised to do so,

•shall be punishable with simple

•imprisonment for a term which

•may extend to six months or with

•a fine which may extend to two

•thousand rupees or, in the case

•of a company, with a fine which

•may extend to ten thousand

•rupees or with both.

•Bill, as introduced.

•8 Section 22.

•General

penalty.–

SECTION Section 565

Untitled Section

•Section 22. General penalty. –

•Whoever, commits an offence

•under this Act for which no

•penalty is prescribed elsewhere

•than in this section, shall be

•punishable with simple

•imprisonment for a term which

•may extend to six months or with

•a fine which may extend to two

•thousand rupees or, in the case

•of a company, with a fine which

•may extend to ten thousand

•rupees or with both.

•Proposed for omission in the

•Bill, as introduced.

2.233. Submissions by the Ministry

2.233.1. The Ministry submitted the following note on the proposed amendments for

•decriminalization/rationalization of the CoS Act, 2008:-

•“In pursuance of the Cabinet Secretary’s D.O. letter dated 01.06.2020, the Ministry

•had constituted a Committee to review the penal provisions under CoS Act, 2008 in

•order to identify the offenc es which can be decriminalised/ rationalized. After

•receiving the report of Committee, the Ministry had sought comments of general

•public on the Committee’s recommendations. Based on the recommendations of

•Committee and comments received from general publi c, a draft proposal for

•rationalization/ decriminalization of CoS Act, 2008 was prepared. As per the

•process of pre -legislative consultations, consultations on the draft proposal for

•rationalization/decriminalization of various penalties under CoS Act, 200 8 were

•carried out with the concerned stakeholders viz. Central Ministries/Department,

•State/UT Govts., industry associations, general public. In view of the

•recommendations of Committee, comments received from various stakeholders,

•internal deliberations held in the Ministry and advice of the Department for

•Promotion of Industry & Internal Trade (DPIIT) and subsequent review by MoSPI,

•amendments in the CoS Act, 2008proposed for its decriminalization/ rationalization

•236

•through the Draft Jan Vishwas (Amendment of Provisions) Bill, 2022 introduced in

•the Lok Sabha on 22.12.2022 (at Sr. No. 39 of the said Bill).”

2.234. Discussion in the sitting of the Committee:

2.234.1. During their deliberations in sitting of the Committee on 09.02.2023, it was

•informed that the Ministry seeks to omit sections 16 to 22 dealing with various offences

•committed in contravention of this Act.

2.234.2. The Committee in this regard sought to understand the rationale behind

•retaining section 23, 24, 25 and 26, providing for cognizance of offences by courts under

•these sections, when the sections dealing with offences under Sections 16 to 22 have been

omitted.The Ministry’s representatives inf ormed that these provisions have been kept in

•view of section 15, under which there is provision for fine.

2.234.3. The Committee further enquired, if after repealing these sections, would

SECTION Section 566

Untitled Section

•section 15 (1) cover the offences by companies, the representati ves, Ministry of Statistics

•and Programme Implementation responded affirmatively.

2.234.4. The Committee opined that these provisions may be omitted as the offences

•by companies are covered under section 15. Committee further suggested that to

•decriminalize section 15, the fine may be converted into penalty to avoid involvement of

•Courts in the adjudication process.

2.234.5. When Committee enquired about the sufficiency and effectiveness of quantum

•of penalty imposed under section 15(1), the representa tives of Ministry of Statistics and

•Programme Implementation apprised the Committee that the sections applies to individuals

•as well as companies ranging from small to larger ones, that is why the amount has been

•kept low. The Committee, however, suggested that the amount of penalty may be increased

•to Rupees 1 Lakh.

2.234.6. In this regard, the Committee desired to know as to who will be exercising

•adjudication powers under the Act to realise the penalties, the Committee suggested that

•the prescription may be added in section 15.

2.234.7. On being asked about the Committee regarding the provisions for rule making

•powers under the Act, the Ministry representative informed about Section 33 of the Act. The

•Committee suggested to incorporate the necessary directions under Section 33.

2.235. Suggestions by the Committee:

2.235.1. After detailed discussions and clarifications on the amendments proposed to

•be made in the Collection of Statistics Act, 2008 , specified at Serial No. 39 of the Schedule

•to the Bill , the Committee decided to consider inter alia the following modifications during

SECTION Section 567

Untitled Section

•clause-by-clause consideration:

•Section15(1)(i): The word “punishable” to be substituted with “liable” and “fine” may be

•converted to “penalty”. Word “prescribed” to be removed.

•237

•(ii) In case of Company, penalty may be extended to one lakh rupees.

•Section15(2)(i): The words “conviction of” may be substituted with “imposition of penalty on”.

•(ii) The words `for an offence’ may be omitted

•(iii) The words `conviction’ may be substituted with `imposition’.

(i)The word `punishable’ may be substituted with `liable’.

•(ii) The word `fine’ may be converted to `Penalty’.

SECTION Section 568

Untitled Section

•Section 23 to 26- may be omitted.

•Sec 33 – Sub-clause (d) (6) to be added before 33 (2) (e). Regarding manner for

•prescribing penalty under section 15 in this regard adjudicating mechanism to be added

•in the Act.

•238

•The Legal Metrology Act, 2009

•[Serial No. 40 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.236. Administering Ministry: Ministry of Consu mer Affairs, Food and Public

•Distribution

•[Department of Consumer Affairs]

2.237. Purpose of the Act: The objective of the Act is to ensure public guarantee from

•the point of view of security and accuracy of the weighments and measurements and was

•enacted to establish and enforce standards of weights and measures, regulate trade and

•commerce in weights, measures and other goods which are sold or distributed by weight,

•measure or number.The Central Government and the State Governments are empowered to

•make Rules under section 52 and section 53 of the Act respectively.

2.237.1. Legal Metrology Act 2009 is the primary instrument which establishes and

•enforces the standards of weights and measures and regulates trade in weights and

•measures in the country and is the foundation of most business activities in the country.

2.238. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision as amended in the Bill

•introduced in Lok Sabha

•1 25 Whoever uses or keeps for use

•any weight or measure or makes

•use of any numeration otherwise

•than in accordance with the

•standards of weight or measure or

•the standard of numeration, as the

•case may be, specified by or under

•this Act, shall be punished with fine

•which may extend to twenty -five

•thousand rupees and for the

•second or subsequent offence,

•with imprisonment for a term which

•may extend to six months and also

•with fine.

•Whoever uses or keeps for use any

•weight or measure or makes use of

•any numeration otherwise than in

•accordance with the s tandards of

•weight or measure or the standard of

•numeration, as the case may be,

•specified by or under this Act, shall be

•punished with fine which may extend

•to one lakh twenty five thousand

•rupees and for the second offence

•with fine which may extend to t wo

•lakh fifty thousand rupees and for

•the third and subsequent offence,

•with fine which may extend to five

•lakh rupees.

•2 27 Every person who manufactures or

•causes to be manufactured or sells

•or offers, exposes or possesses

•for sale, any weight or measur e

•which,-

(a)does not conform to the

•standards of weight or measure

•specified by or under this Act; or

(b)which bears thereon any

•Every person who manufactures or

•causes to be manufactured or sells or

•offers, exposes or possesses for sale,

•any weight or measure which, - (a)

•does not conform to the standards of

•weight or measure specified by or

•under this Act; or (b) which bears

•thereon any inscription of weight,

•measure or number which does not

•239

•inscription of weight, measure or

•number which does not conform to

•the standards of weight, measure

•or numeration specified by or

•under this Act,

•except where he is permitted to do

•so under this Act, shall be

•punished with a fine which may

•extend to twenty thousand rupees

•and for the second or subsequent

•offence with imprisonment for a

•term which may extend to three

•years or with fine or with both.

•conform to the standards of weight,

•measure or numeration specified by

•or under this Act, except where he is

•permitted to do so under this Act, shall

•be punished with a fine which may

•extend to one lakh rupees and for

•the second offence with fine which

•may extend to two lakh rupees and

•for the third and subsequent

•offence, with fine which may

•extend to four lakh rupees.

•4 28 Whoever makes any transaction,

•deal or contract in contravention of

•the standards of weights and

•measures specified under section

•10 shall be punished with fine

•which may extend to ten thousand

•rupees and for the second or

•subsequent offence, with

•imprisonment for a term which

•may extend to one year, or with

•fine, or with both.

•Whoever makes any transaction, deal

•or contract in contravention of the

•standards of weights and measures

•specified under section 10 shall be

•punished with fine which may extend

•to fifty thousand rupees and for the

•second offence with fine which

•may extend to one lakh rupees and

•for the third and subsequent

•offence, with fine which may

•extend to two lakh rupees.

•5 29 Whoever violates section 11 shall

•be punished with fine which may

•extend to ten thousand rupees

•and, for t he second or subsequent

•offence, with imprisonment for a

•term which may extend to one

•year, or with fine, or with both.

•Whoever violates section 11 shall be

•punished with fine which may extend

•to fifty thousand rupees for the

•second offence with fine which

•may extend to one lakh rupees and

•for the third and subsequent

•offence, with a fine which may

•extend to two lakh rupees.

•6 31 Whoever, being required by or

•under this Act or the rules made

•there under to submit returns,

•maintain any record or register, o r

•being required by the Director or

•the Controller or any legal

•metrology officer to produce before

•him for inspection any weight or

•measure or any document, register

•or other record relating thereto,

•omits or fails without any

•reasonable excuse, so to do, shall

•be punished with fine which may

•extend to five thousand rupees

•and for the second or subsequent

•offence, with imprisonment for a

•term which may extend to one

•Whoever, being required by or under

•this Act or the rules made the re under

•to submit returns, maintain any record

•or register, or being required by the

•Director or the Controller or any legal

•metrology officer to produce before

•him for inspection any weight or

•measure or any document, register or

•other record relating th ereto, omits or

•fails without any reasonable excuse,

•so to do, shall be punished with fine

•which may extend to twenty-five

•thousand rupees and for the

•second offence with fine which

•may extend to fifty thousand

•rupees and for third and

•subsequent offence, with fine

•240

•year and also with fine. which may extend to one lakh

rupees.

•7 34 Whoever sells, or causes to be

•sold, delivers, or causes to be

•delivered, any commodity, article

•or thing by any means other than

•the standard weight or measure or

•number, shall be punished with

•fine whi ch shall not be less than

•two thousand rupees but which

•may extend to five thousand

•rupees and, for the second or

•subsequent offence, with

•imprisonment for a term which

•shall not be less than three months

•but which may extend to one year,

•or with fine, or with both.

•Whoever sells, or causes to be sold,

•delivers, or causes to be delivered,

•any commodity, article or thing by any

•means other than the standard weight

•or measure or number, shall be

•punished with fine which may

•extend to twenty five thousand

•rupees and for the second offence

•with fine which may extend to fifty

•thousand rupees and for the third

•and subsequent offence, with fine

•which may extend to one lakh

rupees.

•8 35 Whoever renders or causes to be

•rendered, any service through

•means other than the weight or

•measure or numeration or in terms

•of any weight, measure or number

•other than the standard weight or

•measure, shall be punished with

•fine which shall not be less than

•two thousand rupees but which

•may extend to five thousand

•rupees and, for t he second or

•subsequent offence, with

•imprisonment for a term which

•shall not be less than three months

•but which shall be extend to one

•year and also with fine

•Whoever renders or causes to be

•rendered, any service through means

•other than the weight or me asure or

•numeration or in terms of any weight,

•measure or number other than the

•standard weight or measure, shall be

•punished with fine which may

•extend to twenty -five thousand

•rupees and for the second offence

•with fine which may extend to fifty

•thousand rupees and for the third

•and subsequent offence, with fine

•which may extend to one lakh

rupees.

•3 48 48. (1) Any offence punishable

•under section 25, sections 27 to

•39, sections 45 to 47 or any rule

•made under sub -section (3) of

SECTION Section 569

Untitled Section

•section 52 may, either be fore or

•after the institution of the

•prosecution, be compounded, on

•payment for credit to the

•Government of such sum as may

•be prescribed.

(2)The Director or legal metrology

•officer as may be specially

•authorised by him in this behalf,

•may compound offen ces

•punishable under section 25,

•sections 27 to 39, or any rule

SECTION Section 57

Untitled Section

7.The Public Debt Act, 1944

SECTION Section 570

Untitled Section

48.(1) Any off ence punishable under

SECTION Section 571

Untitled Section

•section 25, sections 27 to 39,

SECTION Section 572

Untitled Section

•section 41, sections 45 to 47 or any

•rule made under sub -section (3) of

SECTION Section 573

Untitled Section

•section 52 may, either before or after

•the institution of the prosecution, be

•compounded, on payment for credit to

•the Government of such sum as may

•be prescribed.

(2)The Director or legal metrology

•officer as may be specially authorised

•by him in this behalf, may compound

•offences punishable under section 25,

•sections 27 to 39, section 41 and

•any rule made under sub -section (3)

•241

•made under sub -section (3) of

SECTION Section 574

Untitled Section

•section 52.

(3)The Controller or legal

•metrology officer specially

•authorised by him, may compound

•offences punishable under section

•25, sections 27 to 31, sect ions 33

•to 37, sections 45 to 47,and any

•rule made under sub -section (3) of

SECTION Section 575

Untitled Section

•section 53:

•Provided that such sum shall not,

•in any case, exceed the maximum

•amount of the fine, which may be

•imposed under this Act for the

•offence so compounded.

•of section 52.

(3)The Controller or legal metrology

•officer specially authorised by him,

•may compound offences punishable

•under section 25, sections 27 to 31,

•sections 33 to 37, section 41 ,

•sections 45 to 47 and any rule made

•under sub-section (3) of section 53:

•Provided that such sum shall not, in

•any case, exceed the maximum

•amount of the fine, which may be

•imposed under this Act for the offence

•so compounded.

2.239. Submissions by the Ministry:

2.239.1. The administrative Ministry in their background note informed that Section 25

•to 47 of LM Act 2009 under Chapter V provides for various penalties by way of levy of fine in

•case of first offence. For second& subsequent offence depend ing on the nature of the

•offence (i) either imprisonment or fine or both or, (ii) both imprisonment and fine or (iii) only

•imprisonment is prescribed. Provision of Appeal is made under Section 50 of the Act.

•Provision for nominating one Director of the c ompany who will be responsible by the

•company under the Legal Metrology Act is made.

2.239.2. The background note further stated that Civil and criminal penalties presently

•prescribed under the LM Act, 2009 were reviewed with regard to their suitability for the

•imposition of criminal liability and to decriminalize the minor offences on the following

•principles:

(i)which do not have mens rea (malafide/ criminal intent); and

•(ii) Where the larger public interest is not affected adversely.

•(iii) The monetary fine in first and second & subsequent offence has been

•proposed to be increased

2.239.3. The Ministry of Consumer Affairs had placed the proposal to decriminalize the

•Legal Metrology Act, 2009 on the Department’s website for public consultation a nd the

•comments were also sought from the State Governments/UTs on the proposal. Most of the

•States and Industry associations were in favour of the decriminalization of the LM Act, 2009.

•Industry associations were in favor of decriminalization of most of the provisions of the Act;

•however, the responses of the States were varied in this regard.

2.239.4. As regards the provisions of the Legal Metrology Act, 2009 slated for

•decriminalization, the Ministry in their written submission stated that Section 25 t o 47 of LM

•Act, 2009 provides for various penalties by way of levy of fine in case of first offence. 6

•sections (out of 23) have the provision of imprisonment in 1st offence. For second &

•subsequent offence depending on the nature of the offence the follow ing has been

•242

•prescribed:

(i)either imprisonment or fine or both or

•(ii) both imprisonment and fine or

•(iii) only imprisonment

2.239.5. During the briefing on the Bill on 07.02.2023 by the administrative Ministry, as

•regards the penalties to be imposed under Section 25 for use of non -standard weight or

•measure, the Ministry stated that in this the amount of fine has been increased and

•imprisonment has been removed.

2.239.6. In this connection when the Committee sought clarifications as to why the

•amount of fine impos ed under the amended section 25, is not in round figures, the Ministry

•representatives apprised the Committee that the amount has been increased five times,

•keeping in view the ceiling. The Committee opined that this amount may be rationalized and

•increased to round figures.

2.240. Suggestions by the Committee:

2.240.1. After detailed discussions the Committee agreed, in principle, with the

•amendments proposed to the Legal Metrology Act, 2009, specified at Serial No. 40 of the

•Schedule to the Bill, and th e Committee decided to consider, inter alia , the following

•modifications during Clause-by-Clause consideration.

SECTION Section 576

Untitled Section

•Section 25 : For the first offence, with fine which may extend to rupees one lakh, for the

•second offence, with fine which may extend to rupees two lakh and for the

•third and subsequent offence, with fine which may extend to five lakh rupee.

•243

•The Factoring Regulation Act, 2011

•[Serial No. 41 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.241. Administering Ministry: Ministry of Finance

•[Department of Financial Services]

2.242. Purpose of the Act: The Act provides a framework for regulating the factoring

•ecosystem in the country.

2.243. Amendments proposed to the Act:

Sl.

No.

•Section

No.

•Existing Provision Provision, as amended by the

•Bill introduced in Lok Sabha

SECTION Section 577

Untitled Section

1.Section 21:

•Penalties

•If a default is made in filing under

SECTION Section 578

Untitled Section

•section 19 the particulars of any

•transaction of assignment of

•receivables and realization of

•receivables by a factor, such

•company and every offic er of the

•company who is in default shall be

•punishable with fine which may

•extend to five thousand rupees for

•every day during which the default

continues.

SECTION Section 579

Untitled Section

21.Penalties. - If a default is

•made in filing under section 19

•the particulars of any transaction

•of assignment of receivables

•and realisation of receivables by

•a factor, such company and

•every officer of the company

•who is in default shall be liable

•to a penalty which may extend

•to five lakh rupees and in the

•case of a continuing offence,

•with an ad ditional penalty which

•may extend to ten thousand

•rupees for every day during

•which the default continues, to

•be imposed by the Reserve

•Bank in accordance with the

•provisions of sub -sections (2) to

(4)of section 22.

SECTION Section 58

Untitled Section

8.The Rubber Act, 1947

SECTION Section 580

Untitled Section

2.Section 22:

•Penalties

•for non-

•compliance

•of direction

•of Reserve

Bank.—

(1)If any factor fails to comply with

•any direction issued by the Reserve

•Bank under section 6, the Reserve

•Bank may impose a penalty which

•may extend to five lakh rupees and in

•the case of a continuing offen ce, with

•an additional fine which may extend

•to ten thousand rupees for every day

•during which the default continues.

SECTION Section 581

Untitled Section

22.Penalties for non -

•compliance of direction by

•Reserve Bank. - (1) If any factor

•fails to comply with any direction

•issued by the Reserve Bank

•under section 6, or fails in filing

•the particulars of any transaction

•of receivables and realisation of

•receivables under section 19,

•the Reserve Bank may impose a

•penalty which may extend to five

•lakh rupees and in the case of a

•continuing offence, with an

•additional penalty which may

•244

(2)For the purpose of adjudging the

•penalty under sub -section (1), the

•Reserve Bank shall serve notice on

•the factor requiring it to show cause

•why the amount specified in the

•notice should not be imposed and a

•reasonable opportunity of being heard

•shall also be given to such factor.

(3)Any penalty imposed by the

•Reserve Bank under this section shall

•be payable within a period of fourteen

•days from the date on which notice

•issued by the Reserve Bank

•demanding payment of the sum is

•served on the factor and in the event

•of failure of th e factor to pay the sum

•within such period, may be levied on

•a direction made by the principal civil

•court having jurisdiction in the area

•where the registered office of the

•factor is situated; or, in the case of a

•factor incorporated outside India,

•where its principal place of business

•in India is situated:

•Provided that no such direction shall

•be made except on an application

•made to the court by the Reserve

•Bank or any officer authorised by

•Reserve Bank in this behalf.

•extend to ten thousand rupees

•for every day during which the

•default continues.

(2)For the purpose o f adjudging

•the penalty under sub -section

(1)or section 21, the Reserve

•Bank shall serve notice on the

•factor requiring it to show cause

•why the amount specified in the

•notice should not be imposed

•and a reasonable opportunity of

•being heard shall also be given

•to such factor.

(3)Any penalty imposed by the

•Reserve Bank under this section

•or section 21 , shall be payable

•within a period of fourteen days

•from the date on which notice

•issued by the Reserve Bank

•demanding payment of the sum

•is served on the factor and in the

•event of failure of the factor to

•pay the sum within such period,

•may be levied on a direction

•made by the principal civil court

•having jurisdiction in the area

•where the registered office of

•the factor is situated; or, in the

•case of a fa ctor incorporated

•outside India, where its principal

•place of business in India is

•situated:

•Provided that no such direction

•shall be made except on an

•application made to the court by

•the Reserve Bank or any officer

•authorised by Reserve Bank in

•this behalf:

•Provided further that the

•Reserve Bank may also recover

•the amount of penalty by

•debiting the current account, if

•any, of the defaulter or by

•liquidating the securities held to

•the credit of the defaulter.

•245

2.244. Submission by the Ministry:

2.244.1. The Department of Financial Services has proposed to amend Section 21 of

•the Factoring Regulation Act, 2011 and consequential amendments in Section 22 of the Act.

•In their background note, the Department has stated that Section 21 of the Act has been

•proposed to be amended by replacing the provision of imposition of fine with provision for

•imposition of penalty by the Reserve Bank of India. The offence relates to defaults made in

•filing in registration of certain assignments of receivable transac tions in Central Registry set

•up under the Securitisation and Reconstruction of Financial Assets and Enforcement of

•Security Interest Act, 2002, which is relatively routine in nature. Also, there are

•consequential insertions proposed in Section 22 of the Act to provide for the manner of

•levying penalty and recovery of penalty i.e. the adjudication process for levying penalty by

•RBI and the recovery of penalty is proposed to be prescribed.

2.244.2. The Department elaborated that the offence under Section 21 of the Factoring

•Regulation Act, 2011 is procedural and in the nature of not registering the particulars of

•transaction of assignment of receivables and receivables with the Registry. Therefore, ‘fine’

•has been proposed to be changed to a ‘penalty’ to be levied by RBI for a procedural

violation.Further, the proposed amendment in Section 22 of the Act is consequential to

•provide the manner in which penalty imposed under Section 21 shall be levied. Section 22

•is also extended for penalties to be levied under Section 21 for violation of Section 19.

2.245. Discussion in the sitting of the Committee:

2.245.1. During their sitting held on 6 th February, 2023, the representatives from the

•Department of Financial Service made their presentation before the Committee and briefed

•the Committee on the proposed amendments to the Factoring Regulation Act, 2011.

2.246. Suggestions by the Committee:

2.246.1. After the briefing by the Department of Financial Services, the Committee

•opined that before imposing a penalty, a reasonable opportunity should be given to the

•factor of being heard. From the date of issuing notice of show cause the factor must h ave

•sufficient time of being heard and adduce reasons for failure.

2.246.2. The Committee, however, agreed in principle with the amendments proposed

•to the Factoring Regulation Act, 2011 , specified at Serial No. 41 of the Schedule to the Bill ,

•and decided to consider the suggestions, if required, during clause by clause consideration.

(4)The court which makes a direction

•under sub -section (3) shall issue a

•certificate specifying the sum payable

•by the factor and every such

•certificate shall be enforceable in the

•same manner as if it were a decree

•made by the court in a civil suit.

(4)The court which makes a

•direction under sub -section (3)

•shall issue a certificate

•specifying the sum payable by

•the factor and every such

•certificate shall be enforceable

•in the same manner as if it were

•a decree made by the court in a

•civil suit.”

•246

•The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and

•Services) Act, 2016

•[Serial No.42 of the Jan Vishwas (Amendment of Provisions) Bill, 2022]

2.247. Administering Ministry: Ministry of Electronics and Information

•Technology

2.248. Purpose of the Act: The Aadhaar (Targeted Delivery of Financial and Other

•Subsidies, Benefits and Services) Act, 2016 seeks to to provide for, as a good governance,

•efficient, transparent, and targeted delivery of subsidies, benefits and services, to individuals

•residing in India through assigning of unique identity numbers to such individuals and for

•matters connected therewith or incidental thereto.

2.249. Amendments proposed to the Act:

Sl.

No.

•Section Existing Provision Provisions as amended by

•the Bill introduced in Lok

•Sabha

SECTION Section 582

Untitled Section

1.Section 41 Penalty for non -compliance with

•intimation requirements —

•Whoever, being an enrolling

•agency or a requesting entity, fails

•to comply with the requirements of

•sub-section (2) of section 3 or

•sub-section (3) of section 8, shall

•be punishable with imprisonment

•which may extend to one year or

•with a fine which may extend to

•ten thousand rupees or, in the

•case of a co mpany, with a fine

•which may extend to one lakh

•rupees or with both.

•Penalty for non -compliance

•with intimation requirements —

•Whoever, being an enrolling

•agency or a requesting entity,

•fails to comply with the

•requirements of sub-section (2)

•of section 3 or sub-section (3)

•of section 8, shall be liable

•to a penalty which may

•extend to one lakh rupees,

•or in the case of a company,

•with a penalty which may

•extend to ten lakh rupees.

2.250. Submissions by the Ministry:

2.250.1. The Ministry of Electronics and Information Technology have in their

•background note submitted that the provisions relating to punishment of contravention under

•the said Act have been reviewed keeping the following objectives in view:

(a)Decriminalising imprisonment clauses wherev er possible, or reducing the

•quantum of punishment or/and making the offence compoundable for Ease of

•Doing Business;

(b)Maintaining uniformity in penalties for similar offences; and

•247

(c)Instead of fines, providing for penalties, to enable decisions at the level of

•administrative officers appointed as adjudicating officers, without burdening

•the courts.

2.250.2. The Ministry have further submitted that the review undertaken has been

•guided by the following principles:

(a)Retention of the violation as a pu nishable criminal offence for more serious

•violations;

(b)Bringing in alignment the quantum of punishment for offences of a similar

•nature;

(c)In respect of contraventions by companies and other bodies corporate,—

(i)eliminating imprisonment; and/or

•(ii) replacing the provision for fine imposed by court as punishment for a

•criminal offence by provision for financial penalty of a higher quantum

•imposed by administrative officers appointed as adjudicating officers; and

•(iii) rationalising penalty/liability for non-criminal contraventions; and

2.251. Discussion in the sitting of the Committee:

2.251.1. During the sitting of the Committee held on 16 January, 2023, the

•representatives of the Ministry submitted that the both Section 3(2) and Section 8(3) of the

•Aadhaar Act have a limited purpose of informing the individual undergoing Aadhaar

•enrolment or authentication about nature, use etc. of information given by the individual. It

•was further submitted that of the nine sections (Sections 34 to 42 of the Act) which deal with

•penal provisions, offences which are of serious nature such impersonation, fraud etc.,

•imprisonment has been retained, it is only in the case of non -intimation by Aadhaar

•Ecosystem Partner that punishmentof imprisonment is being removed and the financial fine

•being increased.

2.251.2. The Committee thereafter sought to know the impact of the penalty proposed

•by the Ministry in the light of the proposed Digital Personal Data Protection Bill. The

•Committee also sought to know whether the amendments proposed in the Aadhaar Act are

•in consonance with the provisions of the Digital Personal Data Protection Bill. The

•representative from the Ministry in this regard submitted as under:

•“…, we have examined the Digital Personal Data Protection Bill. As of now, we do

•not find any discrepancy between the Aadhaar Act and this Bill. Once the Bill

•becomes an Act and in case there are certain changes made, we will examine

•whether there is need for some changes in the Aadhaar Act.”

2.251.3. Explaining further on the issue, Secretary, MEITY stated as under:

•“In the DPDP Bill also, we have no clause of criminalisation. There is no

•imprisonment in that also. That is one part. Obviously, Aadhaar Act has to be in

•compliance with both. So, we are in active consultation. Since both the Acts belong to

•the same Ministry, we are looking at both the Acts together so that there is no discord

•between the two Acts. Thirdly, I would like to submit that if we do this kind of a

•penalty, and basically imprisonment, even on somebody not furnish ing information, I

•248

•think, that will actually become a deterrent because now -a-days, a lot of private

•entities like banks are asking for this information. SEBI is also asking for this

information.They need it for authentication. Aadhaar has become an important tool of

authentication.So, we want them to be a part of this larger ecosystem. When we are

•looking at making one unique identity for the whole nation so that one person should

•have single identity for all purposes, I think, this will go a long way once we do that.

2.251.4. On being further asked to justify the removal of imprisonment for non -

•furnishing of information and penalty for 1 lakh and 10 lakh(in case of a company) being

•imposed, Secretary, MEITY responded as under:

•“Sir, xxxxxxx, the informed consent is part of our DPDP Bill also. It was there in the

•last Bill. If we look at the purpose here, the enrolling agencies are largely

•departmental agencies. There will not be any mens rea. The form is already there

•and they are signing it. If a senior medical officer, by mistake, is not able to get this

•thing or has forgotten to give that form, even then, the mens rea cannot be

established.Penalty is something which one can give, but for imprisonment, there

•has to be a mala fide or mens rea. W hen we consulted, in consultation also, it came

out.I think, hardly any case has come on this.”

2.251.5. The Committee was further informed that no cases have been registered

•under section 41 since its inception in 2016. The Ministry further submitted t hat normally the

•requesting entity is regulated by a regulator, whether it is RBI, SEBI or IRDA. In addition, the

•enrolment agencies and the requesting agencies are also bound through a separate

•contractual obligation. It was also submitted that there are multiple means of enforcing that

•the enrolment agencies and the requesting agencies follow the guidelines of the Aadhaar

•Act and the regulations under the Aadhaar Act, apart from this.

2.252. Suggestions of the Committee:

2.252.1. After detailed discussi ons and clarifications sought by the Committee on the

•amendments proposed to be made in the Act, the Committee observed that the Ministry

•apprise the Committee on whether the amendments proposed in the Aadhaar Act are

•in parimateria with the DPDP Bill that the Government propose to introduce.

•249

2.253. LEGALITY, PRACTICABILITY AND CONSEQUENTI AL AMENDMENTS TO GIV E

•EFFECT TO THE SUGGESTIONS

2.253.1. The Committee asked all the concerned Ministries and Departments to submit

•their views on the legality, practicability and other related aspects on the amendments being

•considered in the Jan Vishwas (Amendment of Provisions) Bill, 2022. The Committee also

•directed all the concerned Ministries and Departments to go through the amendment s

•proposed and find out wherever any consequential changes in the Act once the

•amendments are adopted to give effect to the suggestions put forth by the Members of the

•Committee during the briefing on the amendments proposed in the Bill.

•GENERAL RECOMMENDATIONS

SECTION Section 583

Untitled Section

1.The Committee note that the objective of the Jan Vishwas Bill is to achieve the

•principle of Minimum Government Maximum Governance and redefining the regulatory

•landscape of the country under the ease of living and ease of doing business reforms. The

•Committee further note that the Government in its effort to make the country as a preferred

•global investment destination and to boost investors confidence has brought this Bill which

•envisages rationalisation of monetary penalties and decriminalising a large number of

•offences of minor nature by replacing the punishment thereof with monetary penalties. The

•Committee also note that this Bill seeks to amend 183 provisions contained in 42 Acts which

•are being administered by 19 Ministries.

•The Committee appreciate the motive and intent of the Government and note that the

•Government had earlier also repealed a number of laws from statute book as they had

•become obsolete or retention thereof as separate act was unnecessary. However, this Bill

•is a consolidated one with holistic approach to decriminalise offences of minor nature by

•replacing the punishment with monetary penalties, which will reduce the burden of judiciary.

•The Committee express their satisfaction that such reforms will go a long way in building the

•trust of the people in bureaucracy and Institutions at large which is the corner stone of a

•democratic Government.

•The Committee, therefore, recommend that such exercise should be continued

•in future by reviewing other Acts too and bring similar legislations before Parliament.

•(Recommendation No. 1)

SECTION Section 584

Untitled Section

2.The Committee note that many of the laws have been proposed to be amended by

•the Jan Vishwas Bill. The subjects “criminal law” and “criminal procedure” with some

•exceptions are included in the Concurrent List and the implementation thereof mainly lie

•with the State Governments/UTs and that legislations dealing with offences of minor nature

•may also have been enacted by some State Legislatures. The effort and intent of the Union

•Government to simplify and rationalise compliances to improve ease of living and ease of

•doing business should be reflected at the ground level. As many of the approvals,

•clearances and litigations take place at the State level, there is a need to simplify the

•compliance and requirements at the State level also. Therefore, the Co mmittee

•250

•recommend that the Union Government and DPIIT may issue suitable advisories to

•State Governments and Union Territories to take suitable action on similar lines taken

•by Central Government in reforming their laws and decriminalising minor offences b y

•replacing punishments with monetary penalties, which shall also reduce the burden

•of cases in Judicial system and improve investors’ confidence. In this regard, the

•Committee also recommend that the nodal Ministry, namely DPIIT, may take the help

•of Niti Aayog and other stakeholders like regulatory bodies, business associations,

•industry bodies, etc. to create awareness by holding seminars and workshops about

•the reforms initiated through this Bill by the Union Government.

•(Recommendation No. 2)

SECTION Section 585

Untitled Section

3.The Constitution provides for enactment of laws by the Parliament, and the

•State Legislatures. As per article 246 of the Constitution, List -II (State List) mentions

•subjects in respect of which the State Legislatures have exclusive jurisdiction to

•make law. The Committee note that by the Jan Vishwas (Amendment of Provisions)

•Bill, 2022, the Union Government has shown its intent to decriminalise offences of

•minor nature and replace the punishments therein with monetary penalties. An

•exercise of similar nature is required to be done at the State level in respect of

•offences of minor nature contained in law, on subjects exclusively, provided for State

Legislatures.The Committee, therefore, recommend that the Union Government may

•issue an advisory to all the St ate Governments to review the legislations which are in

•the exclusive domain of State Governments to decriminalise offences of minor nature

•on the similar lines as done by the Union Government so as to realize ease of living

•and ease of doing business in real sense .

•(Recommendation No. 3)

SECTION Section 586

Untitled Section

4.The Committee note that there are a number of legislations spanning the huge

•number of economic activities for the development of the country. The Committee desire

•that an exercise similar to Jan Vishwas Bill should be carried out by the Government. In this

•regard, the Joint Committee desire that the Ministry should appoint a group of experts which

•should be a full time body consisting of legal professionals, industry bodies, members of

•bureaucracy and regulatory authorities, etc. to examine many other provisions of various

•laws that govern the twin aspects of ease of living and ease of doing business and suggest

•suitable amendments aimed at achieving the goal of the Union Government, namely,

•Minimum Government M aximum Governance by decriminalising offences of minor nature

•and replacing punishments for such offences with monetary penalties. The Committee

•recommend that the Government should appoint a group to examine in this regard at

•the earliest.

•(Recommendation No. 4)

SECTION Section 587

Untitled Section

5.The Committee note that the Amendment Bill envisages a further thrust to

•businesses by eradicating the fear of criminal provisions for minor, technical and procedural

defaults.The Committee feel that this will go a long way in realizing the vision of greater

•ease of doing business and an ‘ Atmanirbhar Bharat’ . The Committee envisage that the

•amendments proposed in the Bill would accelerate investment decisions due to smoother

•processes and help in attracting more foreign and domestic investment and prevent the

•flight of capital to foreign countries. The Committee are hopeful that th e Amendment Bill will

•speed up rationalizing criminal provisions and ensuring that businesses, citizens and the

•251

•government departments operate without fear of imprisonment for minor, technical or

•procedural defaults. The Committee are of the considered vie w that the clauses of

•criminality for small procedural lapses and minor defaults clog judiciary thereby burdening

•the courts needlessly and putting adjudication of major offences on the back burner. The

•Committee note that the Civil liabilities can be impo sed with retrospective effect but criminal

•liabilities cannot be imposed retrospectively. However, the criminal liabilities can be done

•away with retrospective effect. As such, the Committee recommend that the

•Government may look into legalities and othe r consequences of giving retrospective

•effect and if feasible, endeavour to bring the amendments proposed in the Jan

•Vishwas (Amendment of Provisions) Bill, 2022 with retrospective effect thereby

•abating the pending legal proceedings in respect of offences being decriminalised.

•(Recommendation No. 5)

SECTION Section 588

Untitled Section

6.The Committee note that in most of the Acts by way of the proposed amendment Bill,

•the concept of Adjudicating officer for dealing with defaulters has been proposed to be

introduced.The Committee desire that the Ministry of Law alongwith the respective

•administering Ministries may ensure that adjudication mechanism alongwith appellate

•authority for appeal by the aggrieved parties for adjudication of penalty be provided for in

•each of the Act seeking to i mpose penalty while decriminalising the provisions. The

•Committee also desire that the Ministry of Law may also look into the aspect of incorporating

•an adjudication mechanism alongwith appellate authority for adjudication of penalty while

•decriminalization through levying of penalty in all Acts which may come for amendment in

•future too.

•(Recommendation No. 6)

SECTION Section 589

Untitled Section

7.The Committee note that in 11 of the Acts, while imprisonment has been removed,

•the fine has either been retain ed or enhanced. The Committee ar e of the considered view

•that while the aim of Jan Vishwas (Amendment of provisions) Bill, 2022 is to enhance trust

•based governance for ease of living and doing business, it also seeks to reduce pressure on

•the judiciary, lessen the burden of the courts a nd help in efficient justice dispensation. The

•Committee would like to observe that the distinction between fine and penalty is that fine is

•determined by a court and penalty is levied by an executive authority. Hence, it is felt that

•retention of fine wo uld not reduce compliance burden and lessen the litigations, which will

•nullify the objective sought to be achieved through the Bill. The Committee, therefore,

•recommend that wherever feasible removal of imprisonment may be accompanied

•with levying of penalty instead of fine to avoid increase in litigation.

•(Recommendation No. 7)

•252

SECTION Section 59

Untitled Section

9.The Pharmacy Act, 1948

SECTION Section 590

Untitled Section

•CHAPTER-III

SECTION Section 591

Untitled Section

•CLAUSE BY CLAUSE CONSIDERATION OF

•THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•Clause 2 of the Bill provides –

•“2. The enactments mentioned in column (4) of the Schedule are hereby

•amended to the extent and in the manner mentioned in column (5) thereof.”

•As the amendments proposed to be incorporated in 42 enactments with the primary

•objective of decriminalizing and rationalizing certain offences of minor nature are specified in

•the Schedule to the Bill, the Committee decided to take up the Schedule into consideration

•before consideration of Clauses. Also taking into accou nt that the said 42 enactments are

•being administered by 19 different Ministries/Departments of the Government of India, the

•Committee decided to group the proposed amendments to 42 Acts Ministry -wise and

•accordingly considered the amendments pertaining to Acts of a particular

•Ministry/Department together, one-by-one.

3.2 The existing provisions of the Acts and the amendments proposed to existing

•provisions by T he Jan Vishwas (Amendment of Provisions) Bill, 2022 , as introduced in Lok

•Sabha, have already been d ealt with and show n in tabular form in Chapter II. In this

SECTION Section 592

Untitled Section

•Chapter, therefore, for brevity, in some of the amendments proposed in the Bill, as

•introduced, instead of reproduc ing all the amended provision s, as they appear in the Bill ,

•only those particular sections or sub -sections or clauses have been reproduced where the

•modifications have been made by the Committee.

3.3 While considering the amendments proposed to 42 Acts specified in the Schedule to

•the Bill, as introduced, the Committ ee in every case, took note of the modifications

•suggested by them to the proposed amendments during briefing by Ministries for

•examination by the Ministry from the angle of their legality, practicability and other aspects.

3.4 For facility of reference, consi deration by the Joi nt Committee of amendments to

•Acts specified in the Schedule have been arranged serial -wise, as they appear in the

Schedule.

•253

•CONSIDERATION OF THE SCHEDULE

SECTION Section 593

Untitled Section

1.Amendments proposed to The Press and Registration of Books Act, 1867

•(Sl. No. 1 of the Schedule)

3.5 The Ministry submitted inter alia as under during Clause by Clause consideration of

•amendments:

•“महोदय , वपछली िैठक में एक ही संशोधन का प्रस्ट्ताव था जो आखखर में सैक्शन 8 सी, सैक्शन 19 के

•का संशोधन ककया था। सिसे आखखरी प्रोवीजन पर संशोधन हुआ था। The last part said: “He shall

•be punishable with penalty not exceeding Rs. 10000.” कमेटी ने िोला था कक ‘पननशेिल

•ववद ’ के िदले ‘लाएिल फॉर पेनल्टी’ होगा। हमने यह संशोधन कर ललया है और कोई संशोधन प्रस्ट्ताववत

•नहीं था।“

3.6 In view o f the submissions made by the Ministry, t he Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.7 Accordingly, the provision, as amended, by the Joint Committee has bee n shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Press and

•Registration of

•Books Act,

•1867

(A)In section 8C,—

•xxx xxx xxx

•12(3) No order for suspension or

•cancellation of certificate of

•registration shall be made under

•this section, without giving an

•opportunity of being heard to the

•publisher or owner of the

•newspaper, as the case may be.

•xxx xxx xxx

•13(D) For section 19K, the

•following section shall be

•substituted, namely:—

(A)In section 8C,-

•xxx xxx xxx

•12(3) No order for suspension or

•cancellation of certificate of

•registration shall be made under

•this section, without giving a

•reasonable opportunity of being

•heard to the publisher or owner of

•the newspaper, as the case may

be.

•xxx xxx xxx

•13(D) For section 19K, the

•following section shall be

•substituted, namely: -

•254

19K.Penalty for contravention of

SECTION Section 594

Untitled Section

•section 19D or section 19E.- If the

•publisher of any newspaper –

(a)refuses or neglects to comply

•with the provisions of clause (b) of

SECTION Section 595

Untitled Section

•section 19D or section 19E; or

(b)publishes in the news paper in

•pursuance of clause (b) of section

•19D any particulars relating to the

•newspaper which he has reason

•to believe to be false,

•he shall be punishable with

•penalty not exceeding ten

•thousand rupees.

•xxx xxx xxx

•“19K. Penalty for contravention of

SECTION Section 596

Untitled Section

•section 19D or section 19E. - If the

•publisher of any newspaper –

(a)refuses or neglects to comply

•with the provisions of clause (b) of

SECTION Section 597

Untitled Section

•section 19D or section 19E; or

(b)publishes in the newspaper in

•pursuance of clause (b) of section

•19D any particulars relating to the

•newspaper which he has reason to

•believe to be false,

•he shall be liable to penalty not

•exceeding ten thousand rupees.”.

•xxx xxx xxx

•(Recommendation No. 9 )

3.8 Amendment moved by Adv. Dean Kuriakose, MP in absentia was not accepted by

•the Committee as there was no justification.

SECTION Section 598

Untitled Section

2.Amendments proposed to The Indian Post Office Act, 1898

•(Sl. No. 2 of the Schedule)

3.9 The Committee observed that during briefing by the Department of Posts on the

•proposed amendments, the Committee agreed in principle to the amendments proposed to

•the Indian Post Office Act, 1898.

3.10 The Department of Posts submitted :-

•“महोदय , हमारा प्रस्ट्ताव था कक पूरे चैप्टर 10 इंडडयन पोस्ट्ट ऑकफस एक्ट का 1898 जो पैनल्टीज एंड

•प्रोसीजर को डील करता है, उसे ओलमट कर ददया जाए , primarily because either they are

•covered by other rules and provisions or they have become redundant and obsolete

•over a period of time.”

3.11 The Committee deliberated on the amendments proposed in the Bill to the Indian

•Post Office Act, 1898 and decided not to make any modification in the amendments

•proposed at Sr. No. 2 of the Schedule to the Bill in view of the submission made by the

Department.

•255

SECTION Section 599

Untitled Section

3.Amendments proposed to The Boilers Act, 1923

•(Sl. No. 3 of the Schedule)

3.12 The Ministry submitted the following:

•“माननीय सलमनत की इच्छा थी और डायरैक्शंस थे। हमने इन वप्रंलसपल सि मान ली हैं। केवल

•रेस्ट्रोस्ट्पेजक्टव को छोड़ कर हमने सारी िातें ललखी है।”

3.13 In view of the submissions made by the Ministry, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.14 Accordingly, the provision s, as amended, by the Joint Committee ha ve been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Boilers Act,

•1923

(A)In section 22,-

(a)in clause ( iii), for the word

•and figures "section 16,", the

•words and figures "section 16,

•or" shall be substituted;

(b)after clause (iii), the following

SECTION Section 6

Untitled Section

3.Shri Uday Pratap Singh

SECTION Section 60

Untitled Section

10.The Industries (Development and Regulation) Act, 1951

SECTION Section 600

Untitled Section

•clause shall be inserted,

•namely:—

•"(iv) to report an accident to

•a boiler or boiler component

•when so required under

SECTION Section 601

Untitled Section

•section 18,".

(B)For section 23, the

•following section shall be

•substituted, namely:—

•"23. Penalties for illegal use of

boiler.—Any owner of a boiler

•who—

(A)In section 22,-

(a)in clause (iii), for the word

•and figures “section 16,”, the

•words and figures, “section 16; or”

•shall be substituted;

(b)after clause (iii), the

•following clause shall be inserted,

•namely:-

•“(iv) to report an accident to

•a boiler or boiler component

•when so required under

SECTION Section 602

Untitled Section

•section 18,”;

(c)in the long line, for the

•words “punishable with fine”,

•the words “liable to penalty”

•shall be substituted.

(B)For section 23, the

•following section shall be

•substituted, namely:-

•“23. Penalties for illegal use of

boiler.- Any owner of a boiler

•who─

•256

(a)in any case in which a

•certificate or provisional

•order is required for the use

•of the boiler under this Act,

•uses the boiler either without

•any such certificate or order

•being in force or at a higher

•pressure than that allowed

•thereby;

(b)uses or permits to be used a

•boiler which has been

•transferred from one State to

•another without such transfer

•having been reported as

•required un der clause (b) of

SECTION Section 603

Untitled Section

•section 6;

(c)fails to cause the register

•number allotted to the boiler

•under this Act to be

•permanently marked on the

•boiler as required under sub -

•section (6) of section 7,

•shall be liable for fine which may

•extend to one lakh rupees, and in

•the case of a continuing offence,

•with an additional fine which may

•extend to one thousand rupees

•for every day during which such

•offence continues."

•xxx xxx xxx

(a)in any case in which a

•certificate or provisional

•order is required for the use

•of the boiler under this Act,

•uses the boiler either without

•any such certificate or order

•being in force or at a higher

•pressure than that allowed

•thereby; or

(b)uses or perm its to be used a

•boiler which has been

•transferred from one State to

•another without such transfer

•having been reported as

•required under clause (b) of

SECTION Section 604

Untitled Section

•section 6; or

(c)fails to cause the register

•number allotted to the boiler

•under this Act to be

•permanently marked on the

•boiler as required under

•sub-section (6) of section 7,

•shall be liable to penalty which

•may extend to one lakh rupees,

•and in the case of a continuing

•contravention or failure , with

•an additional penalty which may

•extend to one th ousand rupees

•for every day during which such

•contravention or failure

continues.”.

•xxx xxx xxx

•(Recommendation No.10)

(D)In section 25, in sub -

•section (1), for the words

•“punishable with fine”, the

•words “liable to penalty” shall

•be substituted.

•(Recommendation No.11)

•257

(E)After section 26, the

•following sections shall be

•inserted, namely:-

•“26A. Adjudication. - (1) The

•State Government or the Union

•territory administration, as the

•case may be, for the purposes

•of determining the penalties

•under sections 22, 23, sub -

•section (1) of section 25 and

SECTION Section 605

Untitled Section

•section 30, may authorise the

•District Magistrate or the

•Additional District Magistrate,

•as the case may be, having

•jurisdiction, to be the

•adjudicating officer to hold an

•inquiry and to impose penalty,

•in the manner as may be

•prescribed, by the State

•Government or the Central

•Government, as the case may

be.

(2)The adjudicating officer

•may summon and enforce the

•attendance of any person

•acquainted with the facts and

•circumstances of the case to

•give evidence or to produce

•any document, which in the

•opinion of the adjudicating

•officer, may be useful for, or

•relevant to, the subject -matter

•of the inquiry, and if, on such

•inquiry, he is satisfied that the

•person concerned has failed to

•comply with the provisions of

•sections 22, 23, sub-section (1)

•of section 25 and section 30,

•he may impose penalty:

•Provided that no such

•penalty shall be i mposed

•without giving the person

•concerned a reasonable

•opportunity of being heard.

•258

26B.Appeal. - (1) Whoever

•aggrieved by the order, passed

•by the adjudicating officer

•under section 26A, may prefer

•an appeal to an officer not

•below the rank of Secretary to

•the State Government or the

•Union territory administration,

•as the case may be, specially

•authorised by that

•Government or administration

•in this behalf, within sixty days

•from the date of receipt of

•order, in such form and

•manner as may be prescribed

•by the State Government or

•the Central Government, as

•the case may be.

(2)An appeal may be admitted

•after the expiry of the period of

•sixty days if the appellant

•satisfies the appellate

•authority that he had sufficient

•cause for not preferring the

•appeal within that period.

(3)The appellate authority

•may, after giving the parties to

•the appeal an opportunity of

•being heard, pass such order

•as he may think fit.

(4)An appeal under sub -

•section (1) shall be disposed

•of within sixty days from the

•date of filing.”.

•(Recommendation No.12)

(F)In section 27, the words

•“Presidency Magistrate or a”

•shall be omitted.

(G)In section 28A, in sub -

•section (1A), after clause (c),

•the following clauses shall be

•inserted, namely:-

•“(ca) the manner of

•holding inquiry and

•imposing penalty under

•sub-section (1) of section

•26A;

•259

•(cb) the form and manner of

•preferring appeal under

•sub-section (1) of section

•26B;”.

•(Recommendation No. 13)

(H)In section 29, in sub -

•section (1), after clause (h), the

•following clauses shall be

•inserted, namely:-

•“(ha) the manner of holding

•inquiry and imposing

•penalty under sub -section

(1)of section 26A;

•(hb) the form and manner

•of preferring appeal under

•sub-section (1) of section

•26B;”.

•(Recommendation No. 14)

(I)In section 30, -

(i)for the words

•“punishable, in the case of

•a first offence, with fine”,

•the words “liable to

•penalty, in the case of a

•first contravention, with

•penalty” shall be

•substituted;

•(ii) for the words

•“subsequent offence, with

•fine”, the word

•“subsequent

•contravention, with

•penalty” shall be

substituted.

•(Recommendation No. 15)

SECTION Section 606

Untitled Section

4.Amendments proposed to The Indian Forest Act, 1927

•(Sl. No. 4 of the Schedule)

3.15 The Ministry submitted inter alia as under during Clause by Clause consideration of

•amendments:

•260

•“हमारे चार एक्ट्स हैं, जजनमें 16 पीनल प्रोववजन्स में से 9 में डडकिलमनलाइजेशन का प्रस्ट्ताव रखा था।

•माननीय सलमनत ने 6 सुझाव ददए थे और हमने 6 सुझावों को एक्सेप्ट कर ललया है।”

3.16 In view of the submissions made by the Ministry, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.17 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Indian Forest

•Act, 1927

(A)In section 26,—

(i)in sub-section (1), clauses

(d)and (e) shall be omitted;

•(ii) after sub -section (1), the

•following sub -section shall be

•inserted, namely:—

•"(1A) Any person who, in a

•reserved forest—

(a)trespasses or

•pastures cattle or permits

•cattle to trespass;

(b)causes any

•damage by negligence in

•felling any tree or cutting

•or dragging any timber,

•shall be liable to pay fine

•which may extend to five

(A)In section 26,-

(i)in sub-section (1), clauses

(d)and (e) shall be omitted;

•(ii) after sub -section (1), the

•following sub -section shall be

•inserted, namely:-

•“(1A) Any person who, in a

•reserved forest-

(a)trespasses or pastures

•cattle, or permits cattle to

•trespass shall be liable

•to penalty which may

•extend to five hundred

•rupees, in addition to

•such compensation for

•damage done to the

•forest as determined by

•a Forest-officer

•empowered under

SECTION Section 607

Untitled Section

•section 68;

•(Recommendation No. 16)

(b)causes any damage

•by negligence in felling

•any tree or cutting or

•dragging any timber shall

•be liable to penalty

•which may extend to

•261

•hundred rupees in

•addition to such

•compensation for

•damage done to the

•forest as the convicting

•Court may direct to be

paid.".

(B)In section 33,-

(i)in sub-section (I), clauses (e),

(f)and (g) shall be omitted;

•(ii) after sub -section (1), the

•following sub -section shall be

•inserted, namely:—

•"(1A) Any person who

•commits any of the following

•offences, namely:—

(a)leaves burning any fire

•kindled by him in the vicinity

•of any tree reserved under

SECTION Section 608

Untitled Section

•section 30, whether standing,

•fallen or felled, or closed

•portion of any protected

•forest;

(b)fells any tree or drags any

•timber so as to damage any

•tree reserved as aforesaid;

(c)permits cattle to damage

•any such tree, shall be liable

•to pay fine which may extend

•to five hundred rupees.".

•five thousand rupees, in

•addition to such

•compensation for

•damage done to the

•forest as determined by

•a Forest -officer

•empowered under

SECTION Section 609

Untitled Section

•section 68.”.

•(Recommendation No. 17)

(B)In section 33,-

(i)in sub -section (I), clauses (e),

(f)and (g) shall be omitted;

•(ii) after sub -section (1), the

•following sub -section shall be

•inserted, namely:-

•“(1A) Any person who, in a

•protected forest-

(a)leaves burning any fire

•kindled by him in the vicinity of

•any tree reserved under

SECTION Section 61

Untitled Section

11.The Cinematograph Act, 1952

SECTION Section 610

Untitled Section

•section 30, whether standing,

•fallen or felled, or closed

•portion of any protected forest;

(b)fells any tree or drags any

•timber so as to damage any

•tree reserved as aforesaid,

•Amendment Omitted

•shall be liable to penalty

•which may extend to five

•thousand rupees in addition

•to such compensation for

•damage done to the forest

•as determined by a Forest -

•officer empowered under

SECTION Section 611

Untitled Section

•section 68.”.

•(Recommendation No. 18)

•262

(C)In section 68,-

(i)for the marginal

•heading, the following

•marginal heading shall

•be substituted, namely:-

•“Power to compound

•offences and impose

•penalties”;

•(ii) in sub-section (1)-

(I)in clause (a), for

•the word “and”, the word

•“or” shall be substituted;

•(II) after clause (a),

•the following clause shall

•be inserted, namely:-

•“(aa) to accept from

•any person a sum of

•money by way of

•penalty or

•compensation in

•violation of sub -

•section (1A) of

SECTION Section 612

Untitled Section

•section 26 and sub -

•section (1A) of

SECTION Section 613

Untitled Section

•section 33; and”.

•(Recommendation No. 19)

SECTION Section 614

Untitled Section

5.Amendments proposed to The Agricultural Produce (Grading and Marking)

•Act, 1937

•(Sl. No. 5 of the Schedule)

3.18 The Department submitted inter alia as under during the Clause by Clause

•consideration of amendments:

•“कृवर् ववभाग का जो एक्ट है Agricultural Produce (Grading and Marking) Act, 1937, वपछली

•िैठक में संशोधन हेतु जो प्रस्ट्ताव आया था, उसमें कमेटी की जो ररकमेंडेशन्स थीं, उनको ववभाग ने पूरा

•कर ददया है। िैठक के िाद 3 अमेंडमेंट्स प्रपोज ककए गए थे। कुल 4 अमेंडमेंट्स थे। सिकी सहमनत से

•हमने उनको वैसे ही रखा है। ये 3 प्रपोज्ड अमेंडमेंट्स हैं तथा कमेटी ने अपनी जो राय दी थी, उसके

•अन ुसार हमने संशोधन कर ललए हैं। पहला है काउंटरफीदटंग की पेनल्टी, that is Section 5, Penalty

•for Counterfeiting. The penalty was Rs.8 lakh. We have increased it to Rs.15 lakh

•because this has a stronger implication, whereas in other infringements the penalty is

•much lower. So, this has been increased to Rs.15 lakh.

•263

•In the appeal provision, as was suggested, the word ‘modifying’ has been deleted. It is

•only confirming or setting aside the order passed earlier.

•िेलसकली सैक्शन 4, सैक्शन 5, सैक्शन 5A, सैक्शन 5िी था। सैक्शन 4 में कोई सजेशन नहीं था। That

•was accepted. सैक्शन 5 में था – Penalty for Counterfeiting Grade Designation Mark. इसमें

•पहले इजम्प्रजनमेंट था – ‘imprisonment for a term not exceeding three years and fine not

•exceeding five thousand rupees. This has been changed now. इजम्प्रजनमेंट हटा ददया गया

•था। पेन ल्टी 8 लाख रुपये की थी, which was the amendment. Then, one suggestion was

made.8 लाख रुपये की पेनल्टी को 15 लाख रुपये करने के ललए सजेशन आया था। That has been

accepted.”

3.19 In view of the submissions made by the Department, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.20 Accordingly, the provision s, as ame nded, by the Joint Committee have been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Agricultural

•Produce (Grading

•and Marking) Act,

•1937

(A)In section 3, in sub -section

(2), after clause (g), the following

SECTION Section 615

Untitled Section

•clauses shall be inserted,

•namely:—

•"(ga) holding inquiry to

•impose penalty under sub -

•section (1) of section 5C;

•(gb) preferring appeal under

•sub- section (1) of section

•5D;".

(B)In section 4, for the words

•"imprisonment for a term not

•exceeding six months and fine

•not exceeding five thousand

•rupees", the words "penalty of

•five lakh rupees" shall be

substituted.

(C)In section 5, for the words

•"imprisonment for a term not

(A)In section 3, in sub -section

(2), after clause (g), the

•following clauses shall be

•inserted, namely: -

•“(ga) holding inquiry and

•imposing penalty under sub -

•section (1) of section 5C;

•(gb) preferring appeal under

•sub-section (1) of section

•5D;”.

•(Recommendation No. 20)

(B)In section 4, for the words

•“punishable with imprisonment

•for a term not exceeding si x

•months and fine not exceeding

•five thousand rupees”, the

•words “ liable to penalty not

•exceeding five lakh rupees”

•shall be substituted.

•(Recommendation No. 21)

(C)In section 5, for the words

•“punishable with imprisonment

•264

•exceeding three years and fine

•not exceeding five thousand

•rupees", the words "penalty of

•eight lakh rupees" shall be

substituted.

(D)In section 5A, for the

•words "imprisonment for a term

•not exceeding six months and

•fine not exceeding five thousand

•rupees", the words "penalty of

•three lakh rupees" shall be

substituted.

(E)In section 5B, in sub -

•section (4), for the words

•"imprisonment for a term not

•exceeding six months and fine

•not exceeding five thousand

•rupees", the words "penalty of

•five lakh rupees" shall be

substituted.

(F)For section 5C, the

•following sections shall be

•substituted, namely:—

•"5C. Adjudicating officer.—

(1)The Central Government

•may, for the purposes of

•determining the penalties under

•sections 4, 5, 5A and 5B, appoint

•an officer not below the rank of

•Deputy Secretary to the

•Government of India or an officer

•not below the rank of Deputy

•Secretary to the State

•Government, to be adjudicating

•officer to hold an inquiry in the

•manner, as may be prescribed

•and to impose penalty:

•for a term not exceeding three

•years and fine not exceeding

•five thousand rupees”, the

•words “ liable to penalty not

•exceeding fifteen lakh rupees”

•shall be substituted.

•(Recommendation No. 22)

(D)In section 5A, for the words

•“punishable with imprisonment

•for a term not exceeding six

•months and fine not exceeding

•five thousand rupees”, the

•words “liable to penalty not

•exceeding three lakh rupees"

•shall be substituted.

•(Recommendation No. 23)

(E)In section 5B, in sub -section

(4), for the words “punishable

•with imprisonment for a term

•not exceeding six months and

•fine not exceeding five thousand

•rupees, the words “ liable to

•penalty not exceeding five lakh

•rupees” shall be substituted.

•(Recommendation No. 24)

(F)For section 5C, the following

•sections shall be substituted,

•namely:-

•"5C. Adjudicating officer. -

(1)The Central Government

•may, for the purposes of

•determining the penalties under

•sections 4, 5, 5A and 5B,

•appoint an officer not below the

•rank of Deputy Secretary to the

•Government of India or an

•officer not below the rank of

•Deputy Secretary to the State

•Government, to be adjudicating

•officer to hold an inquiry and

•impose penalty, in the manner

•265

•Provided that the Central

•Government may appoint as

•many adjudicating officers as

•may be required.

(2)The adjudicating officer

•may summon and enforce the

•attendance of any person

•acquainted with the facts and

•circumstances of the case to

•give evidence or to produce any

•document, which in the op inion

•of the adjudicating officer, may

•be useful for, or relevant to, the

•subject-matter of the inquiry and

•if, on such inquiry, he is satisfied

•that the person concerned has

•failed to comply with the

•provisions of sections 4, 5, 5A

•and 5B, he may impose penalty:

•Provided that no such penalty

•shall be imposed without giving

•the person concerned an

•opportunity of being heard in the

matter.

5D.Appeal. —(1) Any person

•aggrieved by the order, passed

•by the adjudicating officer under

SECTION Section 616

Untitled Section

•section 5C may prefer a n appeal

•to the Agricultural Marketing

•Adviser, Government of India

•within thirty days from the date

•on which the copy of the order

•made by the adjudicating officer

•is received by the aggrieved

•person in such manner as may

•be prescribed.

•as may be prescribed:

•Provided that the Central

•Government may appoint as

•many adj udicating officers as

•may be required.

(2)The adjudicating officer may

•summon and enforce the

•attendance of any person

•acquainted with the facts and

•circumstances of the case to

•give evidence or to produce any

•document, which in the opinion

•of the adju dicating officer, may

•be useful for, or relevant to, the

•subject-matter of the inquiry and

•if, on such inquiry, he is satisfied

•that the person concerned has

•failed to comply with the

•provisions of sections 4, 5, 5A

•and 5B, he may impose penalty:

•Provided that no such penalty

•shall be imposed without giving

•the person concerned a

•reasonable opportunity of being

•heard in the matter.

•(Recommendation No. 25)

5D.Appeal. - (1) Whoever

•aggrieved by the order, passed

•by the adjudicating officer under

SECTION Section 617

Untitled Section

•section 5C may prefer an appeal

•to the Agricultural Marketing

•Adviser, Government of India

•within thirty days from the date

•of receipt of order in such

•manner as may be prescribed.

(2)An appeal may be admitted

•after the expiry of the period

•of thirty days if the appellant

•satisfies the Agricultural

•Marketing Adviser that he had

•sufficient cause for not

•preferring the appeal within

•that period.

•266

(2)The Agricultural Marketing

•Adviser may, after giving the

•parties to the appeal an

•opportunity of being heard, pass

•such order as he may thinks fit,

•confirming, modifying or setting

•aside the order appealed

against.

(3)The Agricultural Marketing

•Adviser referred to in sub-section

(1)shall dispose of the appeal

•within sixty days from the date of

•filing the appeal.

5E.Recovery. —Notwithstanding

•anything contained in this Act, if

•penalty imposed by adjudicating

•officer under section 5C or

•ordered by the Agricultural

•Marketing Adviser under section

•5D, as the case may be, is not

•deposited, the amount shall be

•recovered as an arrears of land

revenue.".

(3)The Agricultural Marketing

•Adviser may, aft er giving the

•parties to the appeal an

•opportunity of being heard, pass

•such order as he may think fit.

(4)The Agricultural Marketing

•Adviser referred to in sub -

•section (1) shall dispose of the

•appeal within sixty days from the

•date of filing.

•(Recommendation No. 26)

5E.Recovery. - Notwithstanding

•anything contained in this Act, if

•penalty imposed by the

•adjudicating officer under

SECTION Section 618

Untitled Section

•section 5C or order of the

•Agricultural Marketing Adviser

•under section 5D, as the case

•may be, is not deposited, the

•amount shall be recovered as

•an arrear of land revenue.".

•(Recommendation No. 27)

SECTION Section 619

Untitled Section

6.Amendments proposed to The Drugs and Cosmetics Act, 1940

•(Sl. No. 6 of the Schedule)

3.21 The Department submitted inter alia as under during the Clause by Clause

•consideration of amendments:

•“………हमने पूरा देख ललया है। इन्फैक्ट आपने वपछली मीदटंग में ही करना शुरू कर ददया था, ति

•हम लोगों ने आपसे अन ुरोध ककया था कक आप ये हम पर छोड़ दीजजए , हम लोग कर लेंगे , तो अि कर

•ललया है। वही ददखा रहे हैं।”

3.22 In view of the submissions made by the Department, the Committee decided that

•amendment proposed by the Committee may be incorporated in the Bill.

•267

3.23 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Drugs and

•Cosmetics Act,

•1940

(A)In section 30, in sub -

•section (2), for the words

•"imprisonment which may

•extend to two years, or with fine

•which shall not be less then ten

•thousand rupees, or with both",

•the words "fine which shall not

•be less than five lakh rupees"

•shall be substituted.

(B)In section 32B, in sub -

•section (1), after the words and

•figures "of section 13,", the

•words, brackets, letters and

•figures "clause (d) of section 27

•and clause (ii) of section 27A,"

•shall be inserted.

(A)In section 29, for the w ords

•“punishable with fine which

•may extend to five thousand

•rupees”, the words “liable to

•penalty which may extend to

•one lakh rupees” shall be

substituted.

•(Recommendation No. 28)

(B)In section 30, in sub -section

(2), for the words “ imprisonment

•which may extend to two years,

•or with fine which shall not be

•less than ten thousand rupees, or

•with both”, the words “fine which

•shall not be less than five lakh

•rupees” shall be substituted.

(C)In section 32B, in sub -section

(1), after th e words and figures

•“of section 13,”, the words,

•brackets, letters and figures

•“clause (d) of section 27 and

SECTION Section 62

Untitled Section

12.The Tea Act, 1953

SECTION Section 620

Untitled Section

•clause (ii) of section 27A,” shall

•be inserted.

3.24 Amendment moved by Adv. Dean Kuriakose, MP in absentia was not accepted by

•the Committee as there was no justification.

SECTION Section 621

Untitled Section

7.Amendments proposed to The Public Debt Act, 1944

•(Sl. No. 7 of the Schedule)

3.25 The Department of Economic Affairs, Ministry of Finance on the amendment

•proposed in the Bill stated tha t omission of Section 2 7 of the Public Debt Act, 1944 as

•268

•proposed may be accepted.

3.26 The Committee agreed to the amendment proposed in the Bill.

SECTION Section 622

Untitled Section

8.Amendments proposed to The Rubber Act, 1947

•(Sl. No. 8 of the Schedule)

3.27 The Department submitted inter alia as under during Clause by Clause consideration

•of amendments:

•“For the purpose of adjudging the penalties under section 11(3) and 26, the Executive

•Director, Rubber Board shall appoint Secretary, Rubber Board or any other officer

•authorized by the Central Government, as the case may be, to be an adjudicating

•officer for holding an inquiry in the prescribed manner after giving any person

•concerned an opportunity of being heard for the purpose of imposing any penalty. (2)

•Whoever is aggrieved by any decision or order of the adjudicating officer may prefer

•an appeal to the Executive Director, Rubber Board within …...we have removed

imprisonment.”

3.28 In view of the submissions made by the Department, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.29 Accordingly, the provision s, as amended, by the Joint Committee ha ve been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Rubber Act,

•1947

•xxx xxx xxx

(C)In section 25, in sub -section

(2), after clause (xxiii), the

•following clauses shall be

•inserted, namely:-

•“(xxiiia) the manner of

•imposing penalty under sub-

•section (1) of section 26B;

•(xxiiib) the form and manner

•of preferring appeal under

•sub-section (2) of section

•26B;”.

•(Recommendation No. 29)

•269

(C)In section 26, in sub -

•section (1), in the long line, for the

•words "punishable with

•imprisonment for a term which

•may extend to one year, or with

•fine which may extend to five

•thousand rupees, or with both",

•the words "liable to pay penalty

•which may extend to fifty

•thousand rupees" shall be

substituted.

(D)In section 26, in sub -section

(1), in the long line, for the words,

•“punishable with imprisonment for

•a term which may extend to one

•year, or with fine which may extend

•to five thousand rupees, or with

•both”, the words “liable to penalty

•which may extend to fifty thousand

•rupees” shall be substituted.

(E)After section 26A, the

•following section shall be

•inserted, namely:-

•“26B. Adjudication of penalties. -

(1)For the purposes of

•adjudging the penalties under

•sub-section (3) of section 11 and

SECTION Section 623

Untitled Section

•section 26, the Executive

•Director shall appoint the

•Secretary to the Board or any

•other officer authorised by the

•Central Government, as the case

•may be, to be an adjudicating

•officer for holding a n inquiry

•and imposing penalty in the

•manner as may be prescribed,

•after giving any person

•concerned a reasonable

•opportunity of being heard.

(2)Whoever is aggrieved by any

•order of the adjudicating officer

•may prefer an appeal to the

•Executive Director, within a

•period of sixty days from the

•date of receipt of such order in

•such form and manner as may

•be prescribed.

(3)An appeal may be admitted

•after the expiry of the period of

•sixty days if the appellant

•satisfies the Executive Director

•that he had suff icient cause for

•not preferring the appeal within

•that period.

•270

(4)No appeal shall be disposed

•of unless the appellant has been

•given a reasonable opportunity

•of being heard.

(5)An appeal under sub -section

(2)shall be disposed of within

•sixty days from t he date of

filing.

(6)The amount of penalty

•imposed under sub -section (1),

•if not paid, may be recovered as

•an arrear of land revenue.”.

•(Recommendation No. 30)

3.30 Amendment moved by Adv. Dean Kuriakose, MP in absentia was not accepted by

•the Committee as there was no justification.

SECTION Section 624

Untitled Section

9.Amendments proposed to The Pharmacy Act, 1948

•(Sl. No. 9 of the Schedule)

3.31 The Department submitted, inter alia , as under during Clause by Clause

•consideration of amendments:

•“with imprisonment for a term which may extend upto three months, or with fine not

•exceeding two lakh rupees or with both.........उसे हमने इनकॉरपोरेट कर ददया है।”

3.32 In view of the submissions made by the Department, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.33 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Pharmacy Act,

•1948

(A)In section 18, in sub -

•section (2), after clause (h),

•the following clauses shall

•271

(A)In section 26A, in sub -

•section (3), for the words "with

•imprisonment for a term which may

•extend to six months, or with fine

•not exceeding one thousand

•rupees or with both", the words "on

•first conviction with fine which may

•extend to one lakh rupees and on

•subsequent conviction with fine not

•exceeding two lakh rupees" shal l

•be substituted.

(B)In section 41, for sub-section

(1), the following sub -section shall

•be substituted, namely:—

•"(1) If any person whose name is

•not for the time being entered in

•the register of the State claims that

•it is so entered or uses in

•connection with his name or title

•any words or letters reasonably

•calculated to suggest that his

•name is so entered, he shall be

•punishable on first conviction with

•fine which may extend to fifty

•thousand rupees and on

•subsequent conviction with fine not

•exceeding one lakh rupees:

•be inserted, namely:-

•“(ha) the manner of

•imposing penalty under

•sub-section (1) of section

•43A;

•(hb) the form and manner

•of preferring appeal

•under sub -section (2) of

SECTION Section 625

Untitled Section

•section 43A;”.

•(Recommendation No.31)

(B)In section 26A, in sub -

•section (3), for the words

•“punishable with

•imprisonment for a term which

•may extend to six months, or

•with fine not exceeding one

•thousand rupees, or with

•both”, the words “ liable to

•penalty which may extend to

•one lakh rupees ” shall be

substituted.

•(Recommendation No. 32)

(C)In section 41, for sub -

•section (1), the following sub -

•section shall be substituted,

•namely:-

•“(1) If any person whose name

•is not for the time being

•entered in the register of the

•State falsely pretends that it

•is so entered or uses in

•connection with his name or

•title any words or letters

•reasonably calculated to

•suggest that his name is so

•entered, he shall be

•punishable on first conviction

•with fine which may extend to

•one lakh rupees and on

•subsequent conviction with

•imprisonment which may

•extend to three months or

•with fine not exceeding two

•lakh rupees, or with both:

•272

•Provided that it shall not be an

•offence if the name of the person is

•entered in the register of another

•State and that at the time of claim,

•an application for registration in the

•State had been made.".

(C)In section 42, in sub -section

(2), for the words "imprisonment for

•a term which may extend to six

•months, or with fine not exceeding

•one thousand rupees or with both",

•the words "fine which may extend

•to one lakh rupees and on

•subsequent conviction with fine not

•exceeding two lakh rupees" shall

•be substituted.

•Provided that it shall be a

•defence if the name of the

•person is entered in the

•register of another State and

•that at the time of claim, an

•application for registration in

•the State had been made.”.

•(Recommendation No. 33)

(D)In section 42, in sub-

•section (2), for the words

•“imprisonment for a term

•which may extend to six

•months, or with fine not

•exceeding one thousand

•rupees or with both”, the

•words “ imprisonment for a

•term which may extend to

•three months, or with fine

•which may extend to two lakh

•rupees, or with both ” shall be

substituted.

(E)After section 43, the

•following section shall be

•inserted, namely:-

•“43A. Adjudication of

penalties.- (1) For the

•purposes of adjudging the

•penalties under section

•26A, the Central

•Government shall

•authorise the President of

•the State Council, where

•the alleged violation is

•committed, to be the

•adjudicating officer for

•holding an inquiry and

•impose penalty in the

•manner as may be

•prescribed under section

•18, after giving any person

•concerned a reason able

•opportunity of being

heard.

(2)Whoever is aggrieved

•by any order of the

•273

•adjudicating officer may

•prefer an appeal to the

•President, Central

•Council, within a period of

•forty-five days from the

•date of receipt of such

•order in such form and

•manner as may be

•prescribed under section

SECTION Section 626

Untitled Section

18.

(3)The President, Central

•Council may entertain an

•appeal after the expiry of

•forty-five days, if it is

•satisfied that the appellant

•was prevented from

•sufficient cause for filing

•the appeal within the said

period.

(4)No appeal shall be

•disposed of unless the

•appellant has been given

•a reasonable opportunity

•of being heard.

(5)An appeal under sub -

•section (2) shall be

•disposed of within ninety

•days from the date of

filing.

(6)The amount of penalty

•imposed under sub-

•section (1), if not paid,

•may be recovered as an

•arrear of land revenue.”

•(Recommendation No. 34)

SECTION Section 627

Untitled Section

10.Amendments proposed to The Industries (Development and Regulation) Act,

•1951

•(Sl. No. 10 of the Schedule)

3.34 The Department submitted, inter alia , as under during Clause by Clause

•consideration of amendments:

•274

•“इसमें आपने यह नन देश ददया था कक ‘फाइन ’ को ‘पैनाल्टी’ कर देना चादहए। इसे हमने मान ललया है।

•जैसा कक वपछली िार मैंने अन ुरोध ककया था कक हमारे सामने परेशानी यह है कक हमारे पास इसमें पूरे

•देश में केवल तीन अचधकारी हैं। हमने इसका यह तरीका ननकाला है कक हम कलेक्टर – डीएम को इसकी

•पावर दे रहे हैं।……..दूसरी िात आपने यह व्यक्त की थी ऐसा न हो कक अपील सीधे हाई कोटष जाने लग

•जाए। अत: डडजस्ट्रक्ट कोटष , एप्रोवप्रएट कोटष में कलेक्टर के ऑडषर की अपील का प्रावधान कर ददया गया

•है।……डडजस्ट्रक्ट कोटष में कलेक्टर के लेवल पर अपील चली जाएगी। हम लोगों ने दूसरा ऑल्टरनेदटव

•यह सोचा कक हम पावर एसडीएम को और अपील कलेक्टर को करने का प्रावधान कर दें। ”

3.35 In view of the submissions made by the Department, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.36 Accordingly, the provision s, as amended, by the Joint Committee ha ve been shown

•below in Tabular form:

•Title Amendments proposed to

•the Act in the Bill as

•introduced in Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Industries

•(Development and

•Regulation) Act,

•1951

(A)In section 24, in sub-section

(1), for the long line, the

•following long line shall be

•substituted, namely:—

•"he shall be punishable with

•fine which may extend to

•twenty-five lakh rupees.".

(B)Section 24A shall be

omitted.

(A)(In section 24, in sub-section

(1), for the long line, the

•following long line shall be

•substituted, namely:-

•“he shall be liable to penalty

•which may extend to twenty -five

•lakh rupees.”.

•(Recommendation No.35)

(B)For section 24A , the

•following sections shall be

•substituted, namely:-

•“24A. Adjudication. – (1) The

•Central Government, for the

•purposes of determining the

•penalties under section 24, shall

•authorise the District Magistrate

•or the Additional District

•Magistrate, having jurisdiction,

•to be the adjudicating officer, to

•hold an inquiry and impose the

•penalty in the manner, as may

•be prescribed.

•275

(2)The adjudicating officer may

•summon and enforce the

•attendance of any person

•acquainted with the facts and

•circumstances of the case to

•give evidence or to produce any

•document, which in the opinion

•of the adjudicating officer, may

•be useful for, or relevant to, the

•subject-matter of the inquiry and

•if, on such inquiry, he is

•satisfied that the person

•concerned has failed to comply

•with the provisions of this Act,

•he may impose such penalty as

•he thinks fit in accordance the

•provisions of section 24:

•Provided that no such

•penalty shall be imposed

•without giving the person

•concerned a reasonable

•opportunity of being heard.

24B.Appeal. - (1) Whoever

•aggrieved by the order, passed

•by the adjudicating officer under

SECTION Section 628

Untitled Section

•section 24A, may prefer an

•appeal to an officer not below

•the rank of Joint Secretary to the

•Government of India, within

•thirty days from the date of

•receipt of order, in such form

•and manner as may be

prescribed.

(2)An appeal may be admitted

•after the expiry of the period of

•thirty days if the appellant

•satisfies the appellate authority

•that he had sufficient cause for

•not preferring the appeal within

•that period.

(3)The appellate authority may,

•after giving the parties to the

•appeal an opportunity of being

•heard, pass such order as he

•may think fit.

•276

(4)An appeal under sub -section

(1)shall be disposed of within

•sixty days from the date of filing.

24C.Recovery.- Notwithstanding

•anything contained in this Act, if

•penalty imposed by adjudicating

•officer under section 24A or

•order of the appellate authority

•under section 24B, as the case

•may be, is not deposited, the

•amount shall be recovered as an

•arrear of land revenue.”.

•(Recommendation No.36)

(C)Section 27 shall be

omitted.

•(Recommendation No.37)

(D)In section 28, for the

•words “prosecuted”, the words

•“imposed penalty” shall be

substituted.

•(Recommendation No.38)

(E)Sections 29 and 29A shall

•be omitted.

•(Recommendation No.39)

(F)In section 30,-

(i)in sub -section (2), after

SECTION Section 629

Untitled Section

•clause (pp), the following

SECTION Section 63

Untitled Section

13.The Copyright Act, 1957

SECTION Section 630

Untitled Section

•clauses shall be inserted,

•namely:-

•“(ppa) the manner of

•imposing penalty under sub-

•section (1) of section 24A;

•(ppb) the form and manner

•of preferring appeal under

•sub-section (1) of section

•24B;”;

•(ii) in sub -section (3), for the

•word “punishable”, the

•words “liable to penalty”

•shall be substituted.

•(Recommendation No.40)

•277

SECTION Section 631

Untitled Section

11.Amendments proposed to The Cinematograph Act, 1952

•(Sl. No. 11 of the Schedule)

3.37 During the Clause by Clause consideration of the amendments , the Mi nistry

•submitted:-

•“लसनेमैटोग्राफ एक्ट में सेक्शन-14 और 15 है।

•सेक्शन-7 (1) में कोई चेंजेज नहीं थे। उसके जो प्रोवाइजोज हैं, उसमें भी कोई सजेशन सजेस्ट्टेड नहीं

•थे।“

3.38 The officials stated that Ministry has accepted the changes as suggested by the

Committee.

3.39 The Committee then discussed the amendments proposed in the Bill and decided to

•accept the view of the Ministry and recommended the following amendments to the

•amendments proposed in the Bill.

•Title Amendments proposed to

•the Act in the Bill as

•introduced in Lok Sabha

•Format after incorporating

•amendments adopted by

•the Committee

•The Cinematograph

•Act, 1952

(A)In Section 7, -

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

•following sub-section shall be

•substituted, namely:—

•‘(1) If any person—

(a)without lawful authority

•(the burden of proving which

•shall be on such person) alters

•or tampers in any way any film

•after it has been certified, he

•shall be punishable with

•imprisonment for a term which

•may extend to three years or

•with fine which shall not be less

•than ten lakh rupees, or with

•both;

(b)exhibits or permits to be

•exhibited in any place, any

•film—

(A)In section 7,-

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

•following sub-section shall be

•substituted, namely: -

•‘(1) If any person—

(a)without lawful authority

•(the burden of proving which

•shall be on such person)

•alters or tampers in any way

•any film after it has been

•certified, he shall be

•punishable with imprisonment

•for a term which may extend

•to three years or with fine

•which shall not be less than

•ten lakh rupees, or with both;

(b)exhibits or permits to

•be exhibited in any place, any

•film-

•278

(i)which has not been

•certified by the Board;

•(ii) which, when exhibited

•does not display the prescribed

•mark of the Board;

•(iii) which, when exhibited

•displays a mark of the Board

•which has since been altered or

•tampered with after the mark

•has been affixed,

•he shall be punishable with

•imprisonment for a term which

•may extend to three years or

•with fine which may extend to

•ten lakh rupees, or with both

•and with a further fine which

•may extend to one lakh rupees

•for each day during which the

•offence continues;

(c)exhibits or permits to be

•exhibited in any place, a video

•film in contravention of the

•provisions of clause (a) or

SECTION Section 632

Untitled Section

•clause (b), he shall be

•punishable with imprisonment

•for a term which may extend to

•three years or with fine which

•may extend to ten lakh rupees,

•or with both, and with a further

•fine which may extend to one

•lakh rupees for each day during

•which the offence continues;

•xxx xxx xxx

•(ii) after sub -section (3), the

•following sub -section shall be

•inserted, namely:—

•"(4) Any person aggrieved by

(i)which has not been

•certified by the Board;

•(ii) which, when exhibited

•does not display the

•prescribed mark of the Board;

•(iii) which, when exhibited

•displays a mark of the Board

•which has since been altered,

•or tampered with after the

•mark has been affixed,

•he shall be punishable with

•imprisonment for a term

•which may extend to three

•years or with fine which may

•extend to ten lakh rupees, or

•with both, and in the case of

•a continuing offence with a

•further fine which may extend

•to one lakh rupees for each

•day during which the offence

•continues;

(c)exhibits or permits to

•be exhibited in any place, a

•video film in contravention of

•the provisions of clause (a) or

SECTION Section 633

Untitled Section

•clause (b), he shall be

•punishable with imprisonme nt

•for a term which may extend

•to three years or with fine

•which may extend to ten lakh

•rupees, or with both, and in

•the case of a continuing

•offence with a further fine

•which may extend to one lakh

•rupees for each day during

•which the offence continues;

•xxx xxx xxx

•(ii) after sub -section (3), the

•following sub-section shall be

•inserted, namely:—

•“(4) Whoever aggrieved by

•279

•any penalty imposed under

SECTION Section 634

Untitled Section

•clauses (d) to (f) of sub -section

(1), may prefer an appeal in

•such manner and to such

•appellate authority as may be

prescribed.".

(B)In section 8, in sub -

•section (2), after clause (c), the

•following clauses shall be

•inserted, namely:—

•"(ca) the authorised officer and

•the manner of levy of penalty

•by him in terms of clauses (d)

•to (f) of sub -section (1) of

SECTION Section 635

Untitled Section

•section 7;

•(cb) the manner of preferring

•appeal and appellate authority

•under sub-section (4) of section

•7;".

(C)In section 14, for the

•words "one thousand rupees

•and, in the case of a continuing

•offence, with a further fine

•which may extend to one

•hundred rupees for each day

•during which the offence

•continues", the words "one lakh

•rupees and, in the case of a

•continuing offence, with a

•further fine which may extend

•to ten thousand rupees for

•each day during which the

•offence continues" shall be

substituted.

•any penalty imposed under

SECTION Section 636

Untitled Section

•clauses (d) to (f) of sub -

•section (1) or section 14 ,

•may prefer an appeal to such

•appellate authority within

•such period and in such

•form and manner as may be

prescribed.”.

•(Recommendation No. 41)

(B)In section 8, in sub -

•section (2), after clause (c),

•the following clauses shall be

•inserted, namely:-

•“(ca) the authorised officer

•and the manner of levy o f

•penalty by him in terms of

SECTION Section 637

Untitled Section

•clauses (d) to (f) of sub -

•section (1) of section 7;

•(cb) the period, form and

•manner of preferring appeal

•and appellate authority under

•sub-section (4) of section 7;” .

•(Recommendation No. 42)

(C)In section 14, for the

•words “punishable with fine

•which may extend to one

•thousand rupees and, in the

•case of a continuing offence,

•with a further fine which may

•extend to one hundred rupees

•for each day during which the

•offence continues”, the words

•“liable to penalty of one lakh

•rupees and, in the case of a

•continuing contravention,

•with a further penalty which

•may extend to ten thousand

•rupees for each day during

•which the contravention

•continues” shall be

substituted.

•(Recommendation No. 43)

(D)For section 15, the

•following sec tion shall be

•280

•substituted, namely:-

•“15. Power to revoke or

•suspend licence.- (1) Where

•the holder of a licence has

•been convicted for an

•offence under clauses (a) to

(c)of sub -section (1) of

SECTION Section 638

Untitled Section

•section 7, the licence may

•be revoked by the licensing

authority.

(2)Where the holder of a

•licence has been imposed

•penalty for contravention

•under clauses (d) to (f) of

•sub-section (1) of section 7

•or section 14, the licence

•may be suspended by the

•licensing authority for a

•period not exceeding thirty

•days:

•Provided that in cases of

•more than three

•contraventions over a

•period of three years, the

•licensing authority, may, for

•the reasons to be recorded

•in writing, by order, revoke

•the licence:

•Provided further that no

•order under this section

•shall be made without

•giving the holder of the

•licence a reasonable

•opportunity of being

heard.”.

•(Recommendation No. 44)

SECTION Section 639

Untitled Section

12.Amendments proposed to The Tea Act, 1953

•(Sl. No. 12 of the Schedule)

3.40 The Department submitted, inter alia, as under:-

•“there were four sets of guidance given by the Committee in the last meeting. The first

•set of guidance was that in all the four Acts, where we are decriminalising the

•provisions and have put in penalty, an adjudication mechanism should also be put in

•281

•place, which we have now proposed in the revised draft.

•For Tea Board Act, there were two things. We had suggested for omission of five

•sections in which it was suggested that it should be parallel to other Boards also and

•we should retain or decide upon whet her we want to have a penal provision for

•contravention of order and also the omnibus clause which allows for a penal provision

•for rules made thereunder. This was suggested, and we have decided that it is better to

•bring those provisions for Tea Board wit h a penalty provision instead of a fine and

•imprisonment provision. So, we have proposed accordingly.

•Lastly, it was also suggested that in case there are any other provisions in the Act

•where fine is there without imprisonment, which has been left out, that fine should also

•be considered for to be converted into penalty. There was one such provision in the

•Spices Board Act where we felt that the fine has been left out. The provision of fine

•was there for false returns and things like that. That is also n ow proposed to be

•converted into penalty.

•......these were the four sets of guidance. We have accepted all the four. Accordingly,

•we have proposed amendments.”

3.41 In view of the submissions made by the Department, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.42 Accordingly, the provision s, as amended, by the Joint Committee ha ve been shown

•below in Tabular form:

•Title Amendments proposed to

•the Act in the Bill as

•introduced in Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Tea Act, 1953 Sections 38 to 42 shall be

omitted.

(A)Sections 38 to 40 shall be

omitted.

•(Recommendation No. 45)

(B)In section 41, in sub -

•section (1), for the words

•“punishable with imprisonment

•for a term which may extend to

•six months, or with fine which

•may extend to five thousand

•rupees, or with both,”, the words

•“liable to penalty which may

•extend to fifty thousand rupees”

•shall be substituted.

•(Recommendation No. 46)

•282

(C)In section 42, for the words

•“punishable with imprisonment

•which may extend to six months,

•or with fine which may extend to

•five thousand rupees, or with both

•and in the case of a continuing

•contravention with an additional

•fine which may extend to five

•hundred rupees for every day

•during which such contravention

•continues after conviction for the

•first such contravention”, the

•words “liable to penalty which

•may extend to fifty thousand

•rupees and for subsequent

•contravention, penalty which may

•extend to one lakh rupees” shall

•be substituted.

•(Recommendation No. 47)

(D)After section 42, the

•following section shall be

•inserted, namely:-

•“42A. Adjudication of penalties. -

(1)For the purposes of adju dging

•the penalties under sub -section

(1)of section 41 and section 42,

•the Deputy Chairman of the Board

•shall appoint the Secretary to the

•Board or any other officer

•authorised by the Central

•Government, as the case may be,

•to be an adjudicating officer f or

•holding an inquiry in the manner

•as may be prescribed, after giving

•a reasonable opportunity of being

heard.

(2)Whoever is aggrieved by any

•order of the adjudicating officer

•may prefer an appeal to the

•Deputy Chairman of the Board,

•within a period of s ixty days from

•the date of receipt of such order

•in such form and manner as may

•be prescribed.

•283

(3)An appeal may be admitted

•after the expiry of the period of

•sixty days if the appellant

•satisfies the Deputy Chairman

•that he had sufficient cause for

•not preferring the appeal within

•that period.

(4)No appeal shall be disposed of

•unless the appellant has been

•given a reasonable opportunity of

•being heard.

(5)An appeal under sub -section

(2)shall be disposed of within

•sixty days from the date of filing.

(6)The amount of penalty

•imposed under sub -section (1), if

•not paid, may be recovered as an

•arrear of land revenue.”.

•(Recommendation No. 48)

(E)In section 49, in sub -section

(2), after clause (x), the following

SECTION Section 64

Untitled Section

14.The Merchant Shipping Act, 1958

SECTION Section 640

Untitled Section

•clauses shall be inserted,

•namely:-

•“(xa) the manner of imposing

•penalty under sub-section (1) of

SECTION Section 641

Untitled Section

•section 42A;

•(xb) the form and manner of

•preferring appeal under sub -

•section (2) of section 42A;”.

•(Recommendation No. 49)

3.43 Amendment moved by Adv. Dean Kuriakose, MP in absentia was not accept ed by

•the Committee as there was no justification.

SECTION Section 642

Untitled Section

13.Amendments proposed to The Copyright Act, 1957

•(Sl. No. 13 of the Schedule)

3.44 The Department for Promotion of Industry and Internal Trade, Ministry of Commerce

•and Industry on the proposed amendment stated that omission of Section 68 as introduced

•in the Bill may be accepted.

•284

3.45 The Committee decided to accept the view of the Department and agreed to the

•amendment proposed in the Bill.

SECTION Section 643

Untitled Section

14.Amendments proposed to The Merchant Shipping Act, 1958

•(Sl. No. 14 of the Schedule)

3.46 The Ministry submitted, inter alia, as under:-

•“कमेटी के द्वारा गत सप्ताह में जो हमारी डडटेल एग्जालमनेशन हुई थी, वह मच ेन्ट्स लशवपंग एक्ट,

•1958 के प्रावधानों के िारे में था। दो प्रावधानों के अलावा , िाकी सभी में, कमेटी ने , जो हमने

•डीिीलमनलाइजेशन का प्रस्ट्ताव ददया था, उससे सहमनत व्यक्त की थी। प्रावधानों में कमेटी की राय थी

•कक हम या तो इस कोरीटेन करें , क्योंकक वह न्यूजक्ल यर फ्यूएल्डलशप्स के िारे में था, जो कक काफी गंभीर

•था। पहले हमने जो प्रोपोज ककया था, उसमें हमने इम्प्रीजनमेंट हटा कर पेनाल्टी की थी। कमेटी की यह

•राय थी कक या तो आप इस प्रावधान की गम्भीरता को देखते हुए इसे रीटेन कीजजए या कफर अगर

•पेनाल्टी का प्रावधान करना है तो हमने जो पााँच लाख रुपये का प्रस्ट्ताव ककया था, उसे िढ़ाकर दस लाख

•रुपये ककया जाए।

•सलमनत की गत िैठक के पश्चात हमने अपने मंत्रालय में इस पर पुन ववषच ार ककया और दो प्रावधान, जो

•सीररयल नं . 108 (e) (a) और 108 (e) (b) पर हैं, इस पर मंत्रालय ने यह ननणषय ललया कक जो वतषमान

•प्रावधान हैं, जजसमें इम्प्रीजनमेंट और फाइन हैं, उसी को हम लोग रीटेन करेंगे। कुल लमलाकर अगर देखा

•जाए तो 43 प्रावधानों में से हमारे 21 प्रावधान अि डीिीलमनलाइज हो रहे हैं। पहले 23 थे। इन प्रावधानों

•की गंभीरता को देखते हुए अि हम वापस डीिीलमनलाइज नहीं करना चाहते और इस को अि हम

•इम्प्रीजनमेंट और फाइन की श्रेणी में ही रखना चाहते हैं। वपछली िार इन दोनों प्रावधानों के िारे में

•सलमनत की राय थी।

•इसके अलावा , हमने िाकी प्रावधानों में कोई पररवतषन नहीं ककया है, क्योंकक उसमें सलमनत के द्वारा

•सहमनत प्रकट की गयी थी।”

3.47 In view of the submissions made by the Ministry, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

•285

3.48 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the Act

•in the Bill as introduced in Lok

•Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The

•Merchant

•Shipping

•Act, 1958

(A)in section 436, -

(a)in sub -section ( 2), in the Table, against

•the serial numbers mentioned under column

•1, in respect of the offences under column

•2, relating to the sections under column 3

•and the penalties under column 4, shall,

•respectively be substituted, in the manner

•as provided, namely:—

(A)in section 436, -

(a)in sub-section ( 2), in the Table, against the

•serial numbers mentioned under column 1, in

•respect of the offences under column 2, relating

•to the sections under column 3 and the penalties

•under column 4, shall, respectively be

•substituted, in the manner as pr ovided,

•namely:—

•X X X X X X X X X

•Serial

No.

•Offences Section

•of this

•Act to

•which

•offence

•has

•reference

•Penalties Serial

No.

•Offences Section of

•this Act to

•which

•offence has

•reference

•Penalties

•1 2 3 4 1 2 3 4

•16

•"Penalty

•which

•may

•extend to

•two lakh

rupees."

•16

•"Penalty

•which

•may

•extend to

•two lakh

rupees."

•X X X X X X X X X

•108B "The

•master or

•owner or

•agent

•shall be

•liable to

•penalty

•which

•may

•extend to

•five lakh

•rupees

•and the

•ship may

•also be

detained."

•286

•108E(a) "Penalty

•which

•may

•extend to

•five lakh

•rupees

•and the

•ship may

•also be

detained."

•Amendment Omitted

•(Recommendation No. 50)

•108E(b) "Penalty

•which

•may

•extend to

•five lakh

•rupees

•and the

•ship may

•also be

detained."

•Amendment Omitted

•(Recommendation No. 51)

•109 "Penalty

•which

•may

•extend to

•five lakh

rupees."

•109 "Penalty

•which

•may

•extend to

•five lakh

rupees."

•xxx xxx xxx

(4)Any person aggrieved by an order

•of the Principal Officer referred to in sub -

•section (3), may, within a period of thirty

•days from the date of receipt of such order,

•prefer an appeal before the Director -

•General in such form and manner as the

•Central Government may prescribe.

•xxx xxx xxx

(4)Whoever aggrieved by an order of the

•Principal Officer under sub -section (3), may,

•within a period of thirty days from the date of

•receipt of such order, prefer an appeal before

•the Director -General in such form and manner

•as the Central Government may prescribe.

•(Recommendation No. 52)

•xxx xxx xxx

(7)Notwithstanding anything contained in

•this Act, if penalty imposed by Principal

•Officer of the Mercantile Marine Department

•under sub -section (3) or order of the

•Director-General under section (4), as the

•case may be, is not deposited, the amount

•shall be recovered as an arrear of land

revenue.”.

•xxx xxx xxx

•(Recommendation No. 53 )

•287

SECTION Section 644

Untitled Section

15.Amendments proposed to The Deposit Insurance and Credit Guarantee

•Corporation Act, 1961

•(Sl. No. 15 of the Schedule)

3.49 The Department submitted, inter alia, as under:-

•“जो वपछली िैठक हुई थी, उसमें सलमनत से हमें कुछ सुझाव लमले थे। मौटे तौर पर चार िातें कही गई

•थीं, जो अलग -अलग एक्ट्स में ल ागू होती हैं। एक िात यह कही गई थी कक जहां हमने पेनल्टी का

•प्रावधान डाला था, उसमें यह था कक अगर पेनल्टी के ललए 60 ददन की िात की जाए तो दहयररंग के ललए

•उचचत समय ददया जाए और उसके िाद 60 ददन का समय पेनल्टी के पेमेंट के ललए ददया है। जि हमने

•कफर से एक्ट को पढ़ा है तो हमारे दो नोदटसेस की िात है। We will go through the Sections with

you.

•One notice is a Showcause notice which is there in the initial subsection – please

•showcause why penalty should not be imposed. The second notice is a notice for

•actually paying the penalty. जो सेकण्ड नोदटस है और जो 60 ददन का समय ददया गया है, that is

•with reference to the second notice. It is not as if, जो पहले 6 तारीख की िैठक थी, उसमें यह

•शंका जादहर की गई थी कक पहले नोदटस के िाद ही हम एड्जज्युडडकेशन का टाइम नहीं देंगे , दहयररंग का

•टाइम नहीं देंगे और वहीं से 60 ददन की गणना शुरू कर देंगे। जि हमने उसको कफर से पढ़ा तो समझ में

•यह आया कक पहला नोदटस शो कॉज नोदटस है और दूसरा पे द पेनल्टी नोदटस है। पे द पेनल्टी नोदटस के

•िाद 60 ददन का समय है, to that entity to make the payment of the penalty. That is the

•demand notice.

•सलमनत के ववचार को रखते हुए यह क न्फ्यूज न कफर न आए तो हमने जो सेकण्ड पे द पेनल्टी नोदटस है,

•उसका जो प्रावधान है, उसमें हमने प्रीववयस नोदटस का ललंक कर ददया है। We have said, subject to

•the provisions of the previous notice you should have issued showcause notice, you

•should have heard the other party and then come to the point of determination of

penalty.हमने वह ललंक लगा ददया है।”

3.50 In view of the submissi ons made by the Department, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

•288

3.51 Accordingly, the provision s, as amended, by the Joint Committee ha ve been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Deposit

•Insurance and

•Credit Guarantee

•Corporation Act,

•1961

•In section 47, in sub -section

(2),—

(i)for the words "punishable

•with a fine which may extend to

•two thousand rupees", the words

•"liable to a penalty which may

•extend to one lakh fifty thousand

•rupees" shall be substituted;

•(ii) for the words "fine which

•may extend to one hundred

•rupees", the words "penalty which

•may extend to seven thousand

•five hundred rupees" shall be

•substituted;

•(iii) after sub -section (2), the

•following sub -sections shall be

•inserted, namely:—

•"(3) For the purpose of adjudging

•the penalty under sub -section (2),

•the Corporation shall serve notice

•on the person requiring it to show

•cause why the amount specified

•in the notice should not be

•imposed and a reasonable

•opportunity of being heard shall

•also be given to such person.

(4)Any penalty imposed by

•the Corporation under this section

•shall be payable within a period of

•In section 47, for sub-section

(2), the following sub-sections

•shall be substituted, namely:-

•“(2) If any person fails to

•produce any book, account or

•other document or to furnish

•any statement or information

•which, under the provisions

•of this Act, it is his duty to

•produce or furnish, he shall

•be liable to penalty which may

•extend to one lakh fifty

•thousand rupees in respect of

•each failure, and in the case

•of a continuing failure, with an

•additional penalty which may

•extend to seven thousand five

•hundred rupees for every day

•during which the failure

•continues after the first such

failure.

•(Recommendation No. 54)

(3)For the purpose of adjudging

•the penalty under sub -section

(2), the Corporation shall serve

•notice on the person requiring it

•to show cause why the amount

•specified in the notice should

•not be imposed and a

•reasonable opportunity of being

•heard shall also be given to

•such person.

(4)Any penalty imposed by the

•Corporation under this section

•shall be payable within a period

•289

•fourteen days from the date on

•which notice issued by the

•Corporation demanding payment

•of the sum is served on the

•person and in the event of failure

•of the pers on to pay the sum

•within such period, may be levied

•on a direction made by the

•principal civil court having

•jurisdiction in the area where the

•person is situated:

•Provided that no direction shall be

•made except on an application

•made to the court by the

•Corporation or any officer

•authorised by it in this behalf.

(5)The court which makes a

•direction under sub -section (4)

•shall issue a certificate specifying

•the sum payable by the person

•and every such certificate shall be

•enforceable in the same manner

•as if it were a decree made by the

•court in a civil suit."

•of fourteen days from the date

•on which notice issued by the

•Corporation demanding

•payment of the sum is served on

•the person and in the event of

•failure of the person to pay the

•sum within such period, may be

•levied on a n order or direction

•made by the principal civil court

•having jurisdiction in the area

•where the person is situated:

•Provided that no order or

•direction shall be made except

•on an application made to the

•court by the Corporation or any

•officer auth orised by

•Corporation in this behalf.

(5)The court which makes a n

•order or direction under sub -

•section (4) shall issue a

•certificate specifying the sum

•payable by the person and

•every such certificate shall be

•enforceable in the same manner

•as if it wer e a decree made by

•the court in a civil suit.

•(Recommendation No. 55)

(6)No complaint shall be filed

•against any person in any

•court of law in respect of any

•contravention or default in

•respect of which any penalty

•has been imposed by the

•Corporation under sub -

•section (2).

(7)Where any complaint has

•been filed against any person

•in any court in respect of any

•contravention or default of the

•nature referred to in sub -

•section (1), then, no

•proceedings for the

•290

•imposition of any penalty on

•the person shall be initiated

•under sub-section (2).”.

•(Recommendation No. 56)

SECTION Section 645

Untitled Section

6.Amendments proposed to The Warehousing Corporations Act, 1962

•(Sl. No. 16 of the Schedule)

3.52 The Department for Food and Public Distribution, Ministry of Food and Public

•Distribution on the proposed amendment stated that omission of Section 38 as proposed in

•the Bill may be accepted.

3.53 The Committee agreed to the omission of Section 38 proposed in the Bill.

SECTION Section 646

Untitled Section

17.Amendments proposed to The Food Corporations Act, 1964

•(Sl. No. 17 of the Schedule)

3.54 The Department for Food and Public Distribution, Ministry of Food and Public

•Distribution on the proposed amendment stated that omission of Section 41 as proposed in

•the Bill may be accepted.

3.55 The Committee agreed to the omission of Section 41 proposed in the Bill.

SECTION Section 647

Untitled Section

18.Amendments proposed to The Patents Act, 1970

•(Sl. No. 18 of the Schedule)

3.56 The Department submitted as under:-

•“सर , पेटेंट एक्ट में कमेटी की कुछ रेक्मेंडेशंस थीं। हमने सारी एनालाइज़ की , We have all

•accepted them. उस दहसाि से हमने कुछ चेंजेज रेक्मेंड ककये हैं।…….”

3.56A In the original Jan Vishwas bill as introduced in the Parliament, provision of

•adjudication of penalty was proposed under the Patents Act, Trademarks Act, Geographical

•Indications Act. In another written communication, the Department for Promotion of Industry

•291

•and Internal Trade submitted the following:

•“………During the 2n d reading of Jan Vishwas Bill, Joint Parliamentary Committee

•recommended need for appellate mechanism to provide a person to get a forum to

•get his grievances addressed if not satisfied with the decision of the officer

•adjudicating penalty under the Patents Act, Trademarks Act or Geographical

•Indications Act, as the case may be. It was also recommended that the recovery of

•the penalty should be made by treating it as arrear of land revenue.

•……… while the Department agrees with the recommendation of introduc tion of the

•appellate mechanism, however, it does not agree with the suggestion to treat the

•penalty dues as arrear of land revenue as under the Patents Act, Trademarks Act,

•Geographical Indications act, not every person on whom a penalty has been imposed

•will have an immovable property, especially for non -resident persons/entities. Hence,

•while the amendments in the Jan Vishwas Bill seeks to decriminalise the offences

•under Patents Act, Trademarks Act and Geographical Indications Act making them

•civil proceedings and providing a person an opportunity to present its case first before

•the authority adjudicating penalty and then before the appellate authority. However, if

•despite availing opportunities, a person refuses to pay penalty, especially when such

•person may not have an immovable asset or a property that could be use to recover

•penalty amount under the Revenue Recovery Act, it is essential that said recovery be

•done through the court, which may in addition to recovering the penalty due, may

•also impose fine or imprisonment or both. This will ensure that proposed

•amendments not just remain toothless but also that appropriate deterrence has been

•provided for those not complying with law of the country”.

3.56B In view of the submissions by the Department, the Committee decided that provision

•of fine/imprisonment for recovery of penalty may be retained with some modifications in all

•the three Acts, viz., Patents Act, Trademarks Act and Geographical Indications Act.

3.57 The Committee after taking into acc ount the views of the Ministry decided to

•recommend the following amendments to the amendments proposed in the Bill:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Patents Act,

•1970

(A)In section 120, for the words

•"he shall be punishable with fine

•which may extend to one lakh

•rupees", the words "he shall pay,

•by way of penalty which may

•extend to ten lakh rupees, and in

•case of the continuing claim, a

•further penalty of one thousand

•rupees for every day after the first

•during which such claim

•continues" shall be substituted.

(A)In section 120, for the

•words, “he shall be punishable

•with fine which may extend to

•one lakh rupees”, the words “he

•shall be liable to penalty which

•may extend to ten lakh rupees,

•and in case of the continuing

•claim, a further penalty of one

•thousand rupees for every day

•after the first during which such

•claim continues” shall be

substituted.

•(Recommendation No. 57)

•292

(B)Section 121 shall be

omitted.

(C)In section 122,—

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

•long line, the following long line

•shall be substituted, namely:—

•"he shall pay, by way of penalty

•which may extend to one lakh

•rupees, and in case of the

•continuing refusal, a further

•penalty of one thousand rupees

•for every day after the first during

•which such refusal continues.";

•(ii) in sub -section (2), for the

•words "he shall be punishable

•with imprisonment which may

•extend to six months, or with fine,

•or with both", the words "he shall

•be punishable with penalty which

•shall not be less than twenty -five

•lakh rupees" shall be substituted.

(D)In section 123, for the

•words "he shall be punishable

•with fine which may extend to one

•lakh rupees in the case of a first

•offence and five lakh rupees in

•case of a second or subsequent

•offence", the words "he shall pay,

•by way of penalty, which may

•extend to five lakh rupees, and in

•case of the continuing default, a

•further penalty of one thousand

•rupees for every day after the first

•during which such default

•continues" shall be substituted.

(B)Section 121 shall be

omitted.

(C)In section 122,-

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

•long line, the following long line

•shall be substituted, namely:-

•“he shall be liable to penalty

•which may extend to one lakh

•rupees, and in case of the

•continuing refusal or failure , a

•further penalty of one thousand

•rupees for every day after the

•first during which such refusal or

•failure continues.”;

•(ii) in sub-section (2), for the

•words, “he shall be punishable

•with imprisonment which may

•extend to six months, or with

•fine, or with both”, the wor ds “he

•shall be liable to penalty a sum

•equal to one half per cent. of

•the total sale or turnover, as

•the case may be, of business

•or of the gross receipts in

•profession as computed in the

•audited accounts of such

•person, or a sum equal to five

•crore rupee s, whichever is

•less” shall be substituted.

•(Recommendation No. 58)

(D)In section 123, for the

•words, “he shall be punishable

•with fine which may extend to

•one lakh rupees in the case of a

•first offence and five lakh rupees

•in case of a second or

•subsequent offence”, the words

•“he shall be liable to penalty,

•which may extend to five lakh

•rupees, and in case of the

•continuing default, a further

•penalty of one thousand rupees

•293

(E)After section 124, the

•following section shall be

•inserted, namely:—

•"124A. Adjudication of

penalties.—

(1)The Controller may, by an

•order, impose penalty on a

•person stating therein any

•contravention or default under the

•provisions of this Act, in the

•manner as may be prescribed.

(2)The Controller shall, before

•imposing any penalty, give a

•reasonable opportunity of being

•heard to the person who is in

default.

(3)Where the person fails to

•comply with the order made

•under sub -section (1), within a

•period of ninety days from the

•date of the receipt of the order,

•the person shall be punishable

•with imprisonment for a term

•which may extend to one year, or

•with fine which shall not be less

•than twenty-five thousand rupees,

•but which may extend to five lakh

•rupees, or with both.".

•for every day after the first

•during which such default

•continues” shall be substituted.”.

•(Recommendation No. 59)

(E)After section 124, the

•following section s shall be

•inserted, namely:-

•“124A. Adjudication of penalties.

•- The Controller may, by an

•order, authorise an officer

•referred to in section 73, to be

•the adjudicating officer for

•holding an inquiry and impose

•penalty under the provisions

•of this Act, in the manner as

•may be prescribed, after

•giving the person concerned a

•reasonable opportunity of

•being heard.

124B.Appeal. - (1) Whoever

•aggrieved by an order of the

•adjudicating officer under

SECTION Section 648

Untitled Section

•section 124A may prefer an

•appeal to the appellate

•authority, who shall be an

•officer at least one rank above

•the adjudicating officer, within

•a period of sixty days from the

•date of receipt of the order, as

•the Central G overnment may

•by notification authorise in

•this behalf.

(2)Every appeal under this

•section shall be preferred in

•such form and manner as may

•be prescribed,

(3)An appeal may be admitted

•after the expiry of the period

•of sixty days if the appellant

•satisfies the appellate

•authority that he had

•sufficient cause for not

•preferring the appeal within

•that period.

(4)No appeal shall be

•disposed of unless the

•appellant has been given a

•294

(F)In section 159, in sub -

•section (2), after clause (xiii), the

•following clause shall be inserted,

•namely:—

•"(xiiia) the manner of imposing

•penalty under sub -section (1) of

SECTION Section 649

Untitled Section

•section 124A;".

•reasonable opportunity of

•being heard.

(5)The appellate authority

•referred to in sub -section (1)

•shall dispose of the appeal

•within sixty days from the

•date of filing the appeal.

(6)Notwithstanding anything

•contained in this Act, if the

•person fails to comply with

•the order of the adjudicating

•officer under section 124A or

•the order of the appellate

•authority under this section,

•as the case may be, within

•ninety days of such order, he

•shall, in addition to the

•penalty, be punishable with

•fine of one lakh rupees or

•imprisonment for a term

•which may extend to one year,

•or with both.".

(F)In section 159, in sub-section

(2), after clause (xiii), the

•following clauses shall be

•inserted, namely:-

•“(xiiia) the manner of imposing

•penalty under section 124A;

•(xiiib) the form and manner of

•preferring appeal under sub-

•section (2) of section 124B;”.

•(Recommendation No. 60)

SECTION Section 65

Untitled Section

15.The Deposit Insurance and Credit Guarantee Corporation Act, 1961

SECTION Section 650

Untitled Section

19.Amendments proposed to The Marine Products Export Development Authority

•Act, 1972

•(Sl. No. 19 of the Schedule)

3.58 The Department submitted, inter alia, as under:-

•“In the last meeting, the Committee had given to us four suggestions. The first set of

•suggestions was, wherever we have introduced penalty as against fine or

•295

•imprisonment, there should be an adjudication mechanism which should be laid down

•as part of the B ill. In all the four Acts, this was given. We have laid down the

•mechanism……..”

3.59 In view of the submissions made by the Department, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.60 Accordingly, the provisions, as amended, by the Joint Committee have been shown below in

•Tabular form:

•Title Amendments proposed to

•the Act in the Bill as

•introduced in Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Marine

•Products Export

•Development

•Authority Act,

•1972

•xxx xxx xxx

•"24. Penalties for obstructing a

•member or officer of Authority

•in the discharge of his duties

•and for failure to produce

•books and records. —Any

•person who—

(a)obstructs any member

•authorised by the C hairman in

•writing or any officer or other

•employee of the Authority

•authorised by it in this behalf or

•any person authorised in this

•behalf by the Central

•Government or by the

•Authority, in the exercise of

•any power conferred, or in the

•discharge of any duty imposed,

•on him by or under this Act,

•shall be punishable with

•imprisonment for a term which

•may extend to six months, or

•with fine which may extend to

•one thousand rupees, or with

•both;

(b)having control over or

•custody of any account book or

•other r ecord, fails to produce

•such book or record when

•required to do so by or under

•this Act, shall be liable to pay

•penalty which may extend to

•xxx xxx xxx

•“24. Penalties for obstructing a

•member or officer of Authority in

•discharge of his duties and for

•failure to produce books and

records.— Any person who-

(a)obstructs any member

•authorised by the Chairman in

•writing or any officer or other

•employee of the Authority

•authorised by it in this behalf or

•any person authorised in this

•behalf by the Central Government

•or by the Authority, in the exercise

•of any power conferred, or in the

•discharge of any duty imposed,

•on him by or under this Act, shall

•be punishable with imprisonment

•for a term which may extend to six

•months, or with fine which may

•extend to one thousand rupees,

•or with both;

(b)having control over or custody

•of any account book or other

•record, fails to produce such book

•or record when required to do so

•by or under this Act, shall be

•liable to penalty which may

•extend to ten thousand rupees.

•296

•ten thousand rupees.

SECTION Section 651

Untitled Section

25.Other penalties. - Whoever

•contravenes or attempts to

•contravene or abets the

•contravention of the provisions

•of this Act or of any rules made

•thereunder other than the

•provisions, punishment for the

•contravention whereof has

•been provided for in sections

•20, 23 and 24, shall be liable to

•pay a penalty not less than ten

•thousand rupees, or not

•exceeding an amount

•equivalent to the value of

•goods, whichever is higher, in

•respect of which such order

•has been made, and in case of

•a continuing contravention as

•aforesaid, a penalty of not less

•than fifty thousand rupees, or

•not exceeding an amount

•equivalent to twice the value of

•goods, whichever is higher, in

•respect of which such order

•has been made.".

SECTION Section 652

Untitled Section

25.Other penalties. - Whoever

•contravenes or attempts to

•contravene or abets the

•contravention of the provisions of

•this Act or of any rules made

•thereunder other than the

•provisions, punishment or

•penalty for the contravention

•whereof has been provided f or in

•sections 20, 23 and 24, shall be

•liable to penalty not less than ten

•thousand rupees, or not

•exceeding an amount equivalent

•to the value of goods, whichever

•is higher, in respect of which such

•contravention has been made,

•and in case of a continuing

•contravention as aforesaid, a

•penalty of not less than fifty

•thousand rupees, or not

•exceeding an amount equivalent

•to twice the value of goods,

•whichever is higher, in respect of

•which such contravention has

•been made.

•(Recommendation No. 61)

25A.Adjudication of penalties. -

(1)For the purposes of

•adjudging penalties under sub -

•section (3) of section 20,

SECTION Section 653

Untitled Section

•section 23, clause (b) of section

•24 and section 25, the

•Chairman shall appoint the

•Secretary to the Authority or

•any other officer authorised by

•the Central Government, as the

•case may be, to be an

•adjudicating officer for holding

•an inquiry and impose penalty

•under the provisions of this

•Act, in the manner as may be

•prescribed, after giving the

•297

•person concerned a reasonable

•opportunity of being heard.

(2)Whoever is aggrieved by

•any order of the adjudicating

•officer may prefer an appeal to

•the Chairman, within a period of

•sixty days from the date of

•receipt of such order in such

•form and manner as may be

prescribed.

(3)An appeal may be admitted

•after the expiry of the period of

•sixty days if the appellant

•satisfies the Chairman that he

•had sufficient cause for not

•preferring the appeal within that

period.

(4)No appeal shall be disposed

•of unless the appellant has

•been given a reasonable

•opportunity of being heard.

(5)The appellate authority

•referred to in sub -section (2)

•shall dispose of the appeal

•within sixty days from the date

•of filing.

(6)The amount of penalty

•imposed under sub -section (1),

•if not paid, may be recovered

•as an arrear of land revenue.”.

(D)In section 33, in sub -section

(2), after clause (q), the

•following clauses shall be

•inserted, namely:-

•“(qa) the manner of

•holding inquiry and

•imposing penalty under

•sub-section (1) of section

•25A;

•(qb) the form and manner

•of preferring appeal

•under sub -section (2) of

SECTION Section 654

Untitled Section

•section 25A;”.

•(Recommendation No. 62)

•298

SECTION Section 655

Untitled Section

20.Amendments proposed to The High Denomination Bank Notes

•(Demonetisation) Act, 1978

•(Sl. No. 20 of the Schedule)

3.61 The Committee observed that during briefing by the Department of Economic Affairs,

•Ministry of Finance on the proposed amendments, the Committee asked the Ministry to

•examine the feasibility of repealing the High Denomination Bank Notes (Demonetisation)

•Act, 1978. During Clause by Clause consideration, the Ministry agr eed with the suggestion

•of the Committee for repeal of the Act.

3.62 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to

•the Act in the Bill as

•introduced in Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The High

•Denomination

•Bank Notes

•(Demonetisation)

•Act, 1978

•In section 10,—

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

•the words "punishable with

•imprisonment for a term which

•may extend to three years, or

•with fi ne, or with both", the

•words "punishable with fine"

•shall be substituted;

•(ii) in sub -section (2), for

•the words "punishable with

•imprisonment for a term which

•may extend to three years, or

•with fine, or with both", the

•words "punishable with fine"

•shall be substituted;

•(iii) in sub -section (3), for

•the words "punishable with

•imprisonment for a term which

•may extend to three years, or

•with fine, or with both", the

•words "punishable with fine"

•shall be substituted.

•Repealed

•(Recommendation No. 63)

•299

SECTION Section 656

Untitled Section

21.Amendments proposed to The Air (Prevention and Control of Pollution) Act,

•1981

•(Sl. No. 21 of the Schedule)

3.63 The Ministry submitted, inter alia, as under:-

•“हमारे चार एक्ट्स हैं, जजनमें 16 पीनल प्रोववजन्स में से 9 में डडकिलमनलाइजेशन का प्रस्ट्ताव रखा था।

•माननीय सलमनत ने 6 सुझाव ददए थे और हमने 6 सुझावों को एक्सेप्ट कर ललया है।”

3.64 In view of the submissions made by the Ministry, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.65 Accordingly, the provisions, as amended, by the Joint Committee ha ve been shown

•below in Tabular form:

•Title Amendments proposed to

•the Act in the Bill as

•introduced in Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Air

•(Prevention and

•Control of

•Pollution) Act,

•1981

•xxx xxx xxx

(B)After section 21, the

•following section shall be

•inserted, namely:—

•"21A. Power to issue

guidelines.—

(1)Notwithstanding

•anything contained in section

•21, the Central Government in

•consultation with the Central

•Board, may, by notification in

•the Official Gazette, issue

•guidelines on the matters

•relating to the grant, refusal or

•cancellation of consent by any

•State Board to establish or

•operate any industrial plant in

•an air pollution control area,

•including the mechanism for

•time bound disposal of the

•application made under

SECTION Section 657

Untitled Section

•section 21 or validity period of

•such consent.

•xxx xxx xxx

(B)After section 21, the

•following section shall be

•inserted, namely: -

•“21A. Power to issue guidelines. –

(1)Notwithstanding anything

•contained in this Act , the Central

•Government in consultation with

•the Central Board, may, by

•notification in the Official Gazette,

•issue guidelines on the matters

•relating to the grant, refusal or

•cancellation of consent by an y

•State Board to establish or operate

•any industrial plant in an air

•pollution control area, including the

•mechanism for time bound

•disposal of the application made

•under section 21 or validity period

•of such consent.

•(Recommendation No. 64)

•300

(2)Every State Board, in

•discharge of its functions for

•the purposes of grant, refusal

•or cancellation of consent

•under section 21 shall act in

•accordance with the guidelines

•issued under sub-section (1).".

(C)For sections 37 to 41,

•the following sections shall be

•substituted, namely:—

•'37. Failure to comply with

•provisions of section 22 or

•directions issued under section

31A.-(1) Whoever contravenes

•or does not comply with the

•provisions of section 22 or

•directions issued under section

•31A, shall, in respect of each

•such contravention or non -

•compliance, be liable to pay

•penalty which shall not be less

•than ten thousand rupees, but

•which may extend to fifteen

•lakh rupees.

(2)Where any person

•continues contravention or

•non-compliance under sub -

•section (1), he shall be liable to

•pay an additional penalty of

•ten thousand rupees every day

•during which such

•contravention continues.

SECTION Section 658

Untitled Section

38.Penalties for certain

acts.—(1) Whoever—

(a)destroys, pulls down,

•removes, injures or defaces

•any pillar, post or stake fixed in

•the ground or any notice or

•other matter put up, inscribed

•or placed, by or under the

•authority of the Board;

(b)obstructs any per son

•acting under the orders or

•directions of the Board from

•exercising his powers and

•performing his functions under

•this Act;

(2)Every State Board, in discharge

•of its functions for the purposes of

•grant, refusal or cancellation of

•consent under section 21 shall act

•in accordance with the guidelines

•issued under sub-section (1).”.

(C)For sections 37 to 41, the

•following sections shall be

•substituted, namely: -

•'37. Failure to comply with

•provisions of section 22 or

•directions issued under section

31A.- (1) Whoever contravenes or

•does not comply with the

•provisions of sections 22 or

•directions issued under section

•31A, shall, in respect of each such

•contravention, be liable to penalty

•which shall not be less than ten

•thousand rupees, but which may

•extend to fifteen lakh rupees.

(2)Where any person continues

•contravention under sub -section

(1), he shall be liable to additional

•penalty of ten thousand rupees

•for every day during which such

•contravention continues.

•(Recommendation No. 65)

SECTION Section 659

Untitled Section

38.Penalties for certain acts. – (1)

•Whoever-

(a)destroys, pulls down, removes,

•injures or defaces any pillar, post

•or stake fixed in the ground or any

•notice or other matter put up,

•inscribed or placed, by or under

•the authority of the Board;

(b)obstructs any person acting

•under the orders or dir ections of

•the Board from exercising his

•powers and performing his

•functions under this Act;

•301

(c)damages any works or

•property belonging to the

•Board;

(d)fails to furnish to the

•Board or any officer or other

•employee of t he Board any

•information required by the

•Board or such officer or other

•employee for the purposes of

•this Act;

(e)fails to intimate the

•occurrence of the emission of

•air pollutants into the

•atmosphere in excess of the

•standards laid down by the

•State Boa rd or the

•apprehension of such

•occurrence, to the State Board

•and other prescribed

•authorities or agencies as

•required under sub -section (1)

•of section 23;

(f)fails in giving any

•information which he is

•required to give under this Act,

•makes a statement w hich is

•false in any material particular,

•shall be liable to pay penalty

•which shall not be less than

•ten thousand rupees, but

•which may extend to fifteen

•lakh rupees.

(2)Where any person

•continues contravention or

•non-compliance under sub -

•section (1), he shall be liable to

•pay an additional penalty of

•ten thousand rupees every day

•during which such

•contravention continues.

38A.Penalty for contravention

•by Government Department. —

(1)Where contravention of any

•provision of this Act has been

•committed by any Department

•of the Central Government or

•the State Government, the

•Head of the Department shall

•be liable to pay the pena lty

(c)damages any works or

•property belonging to the Board;

(d)fails to furnish to the Board or

•any officer or other employee of

•the Board any information

•required by the Board or such

•officer or other employee for the

•purposes of this Act;

(e)fails to intimate the occurrence

•of the emission of air pollutants

•into the atmosphere in excess of

•the standards laid down by the

•State Board or the apprehension

•of such occurrence, to the State

•Board and other prescribed

•authorities or agencies as

•required under sub -section (1) of

SECTION Section 66

Untitled Section

16.The Warehousing Corporations Act, 1962

SECTION Section 660

Untitled Section

•section 23;

(f)fails in giving any information

•which he is required to give under

•this Act, makes a statement which

•is false in any material particular ,

•shall be liable to penalty which

•shall not be less than ten

•thousand rupees, but which may

•extend to fifteen lakh rupees.

(2)Where any person continues

•contravention under sub -section

(1), he shall be liable to additional

•penalty of ten thousand rupees for

•every day during which such

•contravention continues.

•(Recommendation No. 66)

38A.Penalty for contravention by

•Government Department. - (1)

•Where contravention of any

•provision of this Act has been

•committed by any Department of

•the Central Government or the

•State Government, the Head of the

•Department shall be liable to

•302

•equal to one month of his

•basic salary:

•Provided that he shall not be

•liable for such contravention, if

•he proves that the

•contravention was committed

•without his knowledge or

•instructions or that he

•exercised all due diligence to

•prevent such contravention.

(2)Where any contravention

•under sub -section (1) is

•attributable to any neglect on

•the part of, any officer, other

•than the Head of the

•Department, the officer shall

•be liable to pay the penalty

•equal to one month of his

•basic salary:

•Provided th at he shall not be

•liable for the contravention, if

•he proves that he exercised all

•due diligence to avoid such

contravention.

(2)Where any contravention

•under sub -section (1) is

•attributable to any neglect on

•the part of, any officer, other

•than the Hea d of the

•Department, the officer shall be

•liable to penalty equal to one

•month of his basic salary:

•Provided that he shall not be

•liable for the contravention, if

•he proves that he exercised all

•due diligence to avoid such

contravention.

SECTION Section 661

Untitled Section

39.Penalties for

•contravention of certain

•provisions of this Act. —If any

•person contravenes any of the

•provisions of this Act or any

•order or direction issued

•thereunder, for which no

•penalty has been provided for

•penalty equal to one month of his

•basic salary:

•Provided that he shall not be liable

•for such contravention, if he proves

•that the contravention was

•committed without his knowledge

•or instructions or that he exercised

•all due diligence to prevent such

contravention.

(2)Where any contravention under

•sub-section (1) is attributab le to

•any neglect on the part of, any

•officer, other than the Head of the

•Department, the officer shall be

•liable to penalty equal to one

•month of his basic salary:

•Provided that he shall not be liable

•for the contravention, if he proves

•that he exe rcised all due diligence

•to avoid such contravention.

(2)Where any contravention under

•sub-section (1) is attributable to

•any neglect on the part of, any

•officer, other than the Head of the

•Department, the officer shall be

•liable to penalty equal to one

•month of his basic salary:

•Provided that he shall not be liable

•for the contravention, if he proves

•that he exercised all due diligence

•to avoid such contravention.

SECTION Section 662

Untitled Section

39.Penalties for contravention of

•certain provisions of this Act. - If

•any person contravenes any of the

•provisions of this Act or any order

•or direction issued thereunder, for

•which no penalty has been

•provided for in this Act, shall be

•liable to penalty which shall not be

•303

•in this Act, shall be liable to

•pay the penalty which shall not

•be less than ten thousand

•rupees, but which may extend

•to fifteen lakh rupees, and

•where such contravention

•continues, he shall be liable to

•pay an additional penalty

•which may extend to ten

•thousand rupees every day

•during which such

•contravention continues

39A.Adjudicating officer. —(1)

•The Central Government, for

•the purposes of determining

•the penalties under sections

•37, 38 and 39, shall appoint an

•officer not below the rank of

•Joint Secretary to the

•Government of India or a

•Secretary to t he State

•Government to be the

•adjudicating officer, to hold an

•inquiry and to impose the

•penalty in the manner, as may

•be prescribed:

•Provided that the Central

•Government may appoint as

•many adjudicating officers as

•may be required.

(2)The adjudicating of ficer

•may summon and enforce the

•attendance of any person

•acquainted with the facts and

•circumstances of the case to

•give evidence or to produce

•any document, which in the

•opinion of the adjudicating

•officer, may be useful for or

•relevant to the subject -matter

•of the inquiry and if, on such

•inquiry, he is satisfied that the

•person concerned has

•contravened the provisions of

•this Act, he may determine

•such penalty as he thinks fit in

•accordance with the provisions

•of sections 37, 38 or 39, as the

•case may be:

•less than ten thousand rupees, but

•which may extend to fifteen lakh

•rupees, and where such

•contravention continues, he shall

•be liable to additional penalty

•which may extend to ten thousand

•rupees for every day during which

•such contravention continues.

39A.Adjudicating officer. - (1) The

•Central Government, for the

•purposes of determining the

•penalties under sections 37, 38 ,

•38A and section 39, shall appoint

•an officer not below the rank of

•Joint Secretary to the Government

•of India or a Secretary to the State

•Government to be the adjudicating

•officer, to hold an inquiry and to

•impose the penalty in the manner,

•as may be prescribed:

•Provided that the Central

•Government may appoint as many

•adjudicating officers as may be

required.

(2)The adjudicating officer may

•summon and enforce the

•attendance of any person

•acquainted with the facts and

•circumstances of the case to give

•evidence or to produce any

•document, which in the opinion of

•the adjudicating officer, may be

•useful for or relevant to the

•subject-matter of the inquiry and if,

•on such inquiry, he is satisfied that

•the person concerned has

•contravened the provisions of this

•Act, he may determine such

•penalty as he thinks fit under the

•provisions of sections 37, 38, 38A

•or 39, as the case may be:

•304

•Provided that no such penalty

•shall be imposed without giving

•the person concerned an

•opportunity of being heard in

•the matter.

(3)The amount of penalty

•imposed under the provisions

•of sections 37, 38 and 39, shall

•be in addition to the liability to

•pay relief or compensation

•under section 15 read with

SECTION Section 663

Untitled Section

•section 17 of the National

•Green Tribunal Act, 2010 (19

•of 2010).

39B.Appeal. —(1) Any person

•aggrieved by the order passed

•by the adjudicating officer

•under sections 37, 38 or 39,

•may prefer an appeal t o the

•National Green Tribunal

•established under section 3 of

•the National Green Tribunal

•Act, 2010 (19 of 2010).

(2)Every appeal under sub-

•section (1) shall be filed within

•sixty days from the date on

•which the copy of the order

•made by the adjudicating

•officer is received by the

•aggrieved person.

(3)The National Green

•Tribunal may, after giving the

•parties to the appeal an

•opportunity of being heard,

•pass such order as it thinks fit,

•confirming, modifying or setting

•aside the order appealed

against.

(4)Where an appeal is

•preferred against any order of

•the adjudicating officer under

•sub-section (1), it shall not be

•entertained by the Tribunal

•unless the person has

•deposited with the Tribunal ten

•per cent. of the amount of the

•penalty imposed by the

•Provided that no such penalty shall

•be imposed without giving the

•person concerned a reasonable

•opportunity of being heard.

(3)The amount of penalty

•imposed under the provisions of

•sections 37, 38 , 38A and 39, shall

•be in addition to the liability to pay

•relief or compensation under

SECTION Section 664

Untitled Section

•section 15 read with section 17 of

•the National Green Tribunal Act,

•2010 (19 of 2010).

•(Recommendation No. 67)

39B.Appeal. - (1) Whoever

•aggrieved by the order passed by

•the adjudicating officer under

•sections 37, 38 , 38A or 39, may

•prefer an appeal to the National

•Green Tribunal established under

SECTION Section 665

Untitled Section

•section 3 of the National Green

•Tribunal Act, 2010 (19 of 2010).

(2)Every appeal under sub-section

(1)shall be filed within sixty days

•from the date on which the copy of

•the order made by the adjudicating

•officer is received by the aggrieved

person.

(3)The National Green Tribunal

•may, after giving the parties to the

•appeal an opportunity of being

•heard, pass such order as it thinks

•fit, confirming, modifying or setting

•aside the order appealed against.

(4)Where an appeal is preferred

•against any order of the

•adjudicating officer under sub -

•section (1), it shall not be

•entertained by the Tribunal unless

•the person has deposited with the

•Tribunal ten per cent. of the

•amount of the penalty imposed by

•the adjudicating officer.

•305

•adjudicating officer.

39C.Penalty amount to be

•credited to Environmental

•Protection Fund. —Where an

•adjudicating officer imposes

•penalty or additional penalty,

•as the case may be, under

•sections 37, 38 or 39, the

•amount of such penalty shall

•be credited to the

•Environmental Protection Fund

•established under section 16 of

•the Environment (Protection)

•Act, 1986 (29 of 1986).

•xxx xxx xxx

39C.Penalty amount to be

•credited to Environmental

•Protection Fund. - Where an

•adjudicating officer imposes

•penalty or additional penalty, as

•the case may be, under sections

•37, 38 , 38A or 39, the am ount of

•such penalty shall be credited to

•the Environmental Protection Fund

•established under section 16 of the

•Environment (Protection) Act, 1986

•(29 of 1986).

•(Recommendation No. 68)

•xxx xxx xxx

SECTION Section 666

Untitled Section

22.Amendments proposed to The National Bank for Agriculture and Rural

•Development Act, 1981

•(Sl. No. 22 of the Schedule)

3.66 The Department submitted, inter alia, as under:-

•“िस दो -तीन सेक्शंस ही हैं। वे भी ररपेदटदटव ही हैं। एक के िारे में मैं िता ही च ुक ा हूं। अगला अगर हम

•देखें , तो वह subject to Sub-section 3 का है, जो कक अभी लॉ लमननस्ट्री ने ओपाइन ककया है कक it

•is superfluous. It is a similar change in the case of BICGC.... िाकी सि एक्सेप्टेड है।

•आपके सभी सुझाव एक्सेप्टेड हैं। We have accepted everything...... we will remove it. On

•the issue of principal civil court, we will seek the advice of the Ministry of Law.”

3.67 In view of the submissions made by the Department, the Committee after deliberating

•on the amendments proposed in the Bill to the National Bank for Agriculture and Rural

•Development Act, 1981 agreed to the amendment proposed to the Act in the Bill, as

•introduced with minor changes in the proviso to sub -section (4) and sub -section (6) of

SECTION Section 667

Untitled Section

•Section 56, as mentioned below:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The National Bank

•for Agriculture and

•In section 56, for sub-section (2), In section 56, for sub -section (2),

•306

•Rural Development

•Act, 1981

•the following sub-sections shall

•be substituted, namely:—

•xxx xxx xxx

(4)Any penalty imposed by the

•National Bank under this section

•shall be payable within a period

•of fourteen days from the date on

•which notice issued by the

•National Bank demanding

•payment of the sum is served on

•the person and, in the event of

•failure of the person to pay the

•sum within such period, may be

•levied on a direction made by the

•principal civil court having

•jurisdiction in the area where the

•person is situated:

•Provided that no such direction

•shall be made to the court by the

•National Bank or by any officer

•authorised by the National Bank

•in this behalf.

•xxx xxx xxx

(6)No complaint shall be filed

•against any person in any court

•in respect of any contravention or

•default in respect of which any

•penalty has been imposed by

•the National Bank under sub-

•section (2).

•xxx xxx xxx

•the following sub -sections shall

•be substituted, namely:-

•xxx xxx xxx

(4)Any penalty imposed by the

•National Bank under this section

•shall be payable within a period

•of fourteen days from the date on

•which notice issued by the

•National Bank demanding

•payment of the sum is served on

•the person and, in the event of

•failure of the person to pay the

•sum within such period, may be

•levied on a direction made by the

•principal civil court having

•jurisdiction in the area where the

•person is situated:

•Provided that no such direction

•shall be made except on an

•application made to the court by

•the National Bank or by any

•officer authorised by the National

•Bank in this behalf.

•xxx xxx xxx

(6)No complaint shall be filed

•against any person in any court

•relating to any contravention or

•default in respect of which any

•penalty has been imposed by the

•National Bank under sub -section

(2).

•xxx xxx xxx

•(Recommendation No. 69)

•307

SECTION Section 668

Untitled Section

23.Amendments proposed to The Spices Board Act, 1986

•(Sl. No. 23 of the Schedule)

3.68 The Department submitted, inter alia, as under:-

•“The manner of imposing a penalty under sub -section (1) in the manner of an appeal

•under sub-section (2) of Section 24(b).

•In the Spices Board Act, 1986, the suggestion was for adjudication of penalties. That

•is the one we have brought in as a new section…….

SECTION Section 669

Untitled Section

•section 30a, subsection 1 – for the purpose of adjudicating the penalties under

SECTION Section 67

Untitled Section

17.The Food Corporations Act, 1964

SECTION Section 670

Untitled Section

•section 26, 27, 29, the purpose of adjudicating the penalties under sections 26, 27,

•29, and 30, the Secretary, Spices Board shall appoint an officer not below the rank of

•Director in Spices Board or any other officer authorised by the Central Government

•as the case may be, to be an adjudicating officer for holding an inquiry in the

•prescribed manner after giving any person concerned an opportunity of being heard

•for the purpose of imposing any penalty.

•sub-section (2): "Whoever is aggrieved by any order of the adjudicating officer may

•prefer an appeal to the Secretary, Spices Board, within a period of 60 days from the

•date of receipt of such order, in such form and order as may be

•prescribed………लास्ट सब-सेक्शन 4 हटा देंगे।

•In section 27, in the long line, for the words “imprisonment which may extend to six

•months, or with fine which may extend to six months, or with fine which may extend

•to one thousand rupees, or with both”, we h ad proposed the words “penalty which

•may extend to fifty thousand rupees and for subsequent contravention…”. We will

•have to change the word ‘offence’ with contravention.

•The Committee guided that we should try to bring in some consistency across the

Board.Section 38, 39, and 40 are being omitted. We are bringing back section 41(1)

•with the guidance of the Committee received in the last meeting. We are bringing

•back section 41 except for “punishable with imprisonment for a term which may

•extend to six months or with fine which may extend to five thousand rupees or with

•both”. The words “liable to pay penalty which may extend to fifty thousand rupees”

•shall be substituted. With these changes, we propose to retain the section……..We

•are retaining sections 41 and 42 with changes.”

3.69 In view of the submissions made by the Department, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.70 Accordingly, the provision s, as amended, by the Joint Committee ha ve been shown

•below in Tabular form:

•308

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Spices Board

•Act, 1986

(A)In section 27, in the long

•line, for the words "imprisonment

•which may extend to six months,

•or with fine which may extend to

•one thousand rupees, or with

•both", the words "penalty which

•may extend to fifty thousand

•rupees and for subsequent

•offence penalty which may

•extend to one lakh rupees " shall

•be substituted.

(B)Section 28 shall be

omitted.

(C)In section 29, for the

•words "imprisonment for a term

•which may extend to one year,

•or with fine which may extend to

•one thousand rupees, or with

•both", the words "penalty which

•may extend to fifty thousand

•rupees and for subsequent

•offence penalty which may

•extend to one lakh rupees" shall

•be substituted.

(A)In section 26, for the words

•“punishable with fine which

•may extend to five hundred

•rupees”, the words “liable to

•penalty which may extend to

•fifty thousand rupees and for

•subsequent failure, penalty

•which may extend to one lakh

•rupees” shall be substituted.

•(Recommendation No. 70)

(B)In section 27, in the long

•line, for the words “ punishable

•with imprisonment which may

•extend to six months or with fine

•which may extend to one

•thousand rupees, or with both”,

•the words “liable to penalty which

•may extend to fifty thousand

•rupees and for subsequent

•contravention, penalty which

•may extend to one lakh rupees”

•shall be substituted.

•(Recommendation No. 71)

(C)Section 28 shall be

omitted.

(D)In section 29, for the

•words, “ punishable with

•imprisonment for a term which

•may extend to one year, or with

•fine which may extend to one

•thousand rupees, or with both”,

•the words “liable to penalty which

•may extend to fifty thousand

•rupees and for subsequent

•contravention, penalty which

•may extend to one lakh rupees”

•shall be substituted.

•309

(D)In section 30, for the

•words "imprisonment which may

•extend to six months, or with fine

•which may extend to one

•thousand rupees, or with both

•and in the case of a continuing

•contravention with an additional

•fine which may extend to fifty

•rupees for every day during

•which such contravention

•continues after conviction for the

•first such contravention", the

•words "penalty which may

•extend to fifty thousand rupees

•and for subsequent offence,

•penalty which may extend to one

•lakh rupees" shall be substituted.

•(Recommendation No. 72)

(E)In section 30, for the words,

•“punishable with imprisonment

•which may extend to six months,

•or with fine which may extend to

•one thousand rupees, or with both

•and in the case of a continuing

•contravention with an additional

•fine which may extend to fifty

•rupees for every day during which

•such contrave ntion continues

•after conviction for the first such

•contravention”, the words “ liable

•to penalty which may extend to

•fifty thousand rupees and for

•subsequent contravention,

•penalty which may extend to one

•lakh rupees” shall be substituted.

•(Recommendation No. 73)

(F)After section 30, the

•following section shall be

•inserted, namely:-

•“30A. Adjudication of penalties.

•- (1) For the purposes of

•adjudging the penalties under

•sections 26, 27, 29 and 30, the

•Secretary to the Board shall

•appoint an officer not below the

•rank of Director in the Board or

•any other officer authorised by

•the Central Government, as the

•case may be, to be an

•adjudicating officer for holding

•an inquiry and to impose

•penalty in the manner as may

•be prescribed, after giving any

•person concerned a reasonable

•opportunity of being heard.

(2)Whoever is aggrieved by

•any order of the adjudicating

•officer may prefer an appeal to

•the Secretary to the Board,

•within a period of sixty days

•from the date of receipt of such

•310

•order in such form and manner

•as may be prescribed.

(3)An appeal may be admitted

•after the expiry of the period of

•sixty days if the appellant

•satisfies the Secretary to the

•Board that he had sufficient

•cause for not preferring the

•appeal within that period.

(4)No appeal shall be disposed

•of unless the appellant has

•been given a reasonable

•opportunity of being heard.

(5)An appeal under sub-section

(2)shall be disposed of within

•sixty days from the date of

filing.

(6)The amount of penalty

•imposed under sub -section (1),

•if not paid, may be recovered

•as an arrear of land revenue.”.

(G)In section 38, in sub-section

(2), after clause (m), the

•following clauses shall be

•inserted, namely:-

•“(ma) the manner of holding

•inquiry and imposing

•penalty under sub -section

(1)of section 30A;

•(mb) the form and manner of

•preferring appeal under sub -

•section (2) of section 30A.”.

•(Recommendation No. 74)

3.71 Amendment moved by Adv. Dean Kuriakose, MP in absentia was not accepted by

•the Committee as there was no justification.

•311

SECTION Section 671

Untitled Section

24.Amendments proposed to The Environment (Protection) Act, 1986

•(Sl. No. 24 of the Schedule)

3.72 In view of the submissions made by the Ministry, the Committee decided that the

•above said amendment may be incorporated in the Bill. Other amendments proposed in the

•Bill to the Act were agreed to by the Committee.

3.73 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced

•in Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Environment

•(Protection) Act,

•1986

•xxx xxx xxx

(C)After section 14, the

•following sections shall be

•inserted, namely:—

•"14A. Penalty for contravention

•of section 7 or section 8. —(1) If

•any person, contravenes

•provisions of section 7 or

SECTION Section 672

Untitled Section

•section 8 or the rules made

•thereunder, he shall be liable to

•pay the penalty in respect of

•each such contravention or non-

•compliance, which shall not be

•less than one lakh rupees but

•which may extend to fifteen lakh

rupees.

(2)Where any person continues

•contravention or non -

•compliance under sub -section

(1), he shall be liable to pay an

•additional penalty of fifty

•thousand rupees for every day

•during which such contravention

continues.

14B.Penalty for contravention

•of sections 9, 10 and 11. —(1) If

•any person contravenes or does

•not comply with the provis ions

•xxx xxx xxx

(C)After section 14, the

•following secti ons shall be

•inserted, namely:—

•“14A. Penalty for contravention of

SECTION Section 673

Untitled Section

•section 7 or section 8. - (1) If any

•person, contravenes provisions

•of section 7 or section 8 or the

•rules made thereunder, he shall

•be liable to penalty in respect of

•each such contravention, which

•shall not be less than one lakh

•rupees but which may extend to

•fifteen lakh rupees.

(2)Where any person continues

•contravention under sub -section

(1), he shall be liable to

•additional pena lty of fifty

•thousand rupees for every day

•during which such contravention

continues.

14B.Penalty for contravention of

•sections 9, 10 and 11. - (1) If any

•person contravenes or does not

•comply with the provisions of

•312

•of section 9, section 10 or

SECTION Section 674

Untitled Section

•section 11 or orders or

•directions issued under those

•sections, he shall be liable to

•pay penalty in respect of each

•such contravention or non -

•compliance which shall not be

•less than ten thousand rupees

•but which may extend to five

•lakh rupees.

(2)Where any person

•continues contravention or non -

•compliance under sub -section

(1), he shall be liable to pay an

•additional penalty of ten

•thousand rupees for every day

•during which such contravention

continues.".

(D)For sections 15 to 17, the

•following shall be substituted,

•namely:—

•'15. Penalty for contravention of

•provisions of Act, rules, orders

•and directions. —(1) Where any

•person contravenes or does not

•comply with any of the

•provisions of this Act or the

•rules made or order s or

•directions issued thereunder for

•which no penalty is provided, he

•shall be liable to pay the penalty

•in respect of each such

•contravention or non -

•compliance which shall not be

•less than five thousand rupees

•but which may extend to fifteen

•lakh rupees.

(2)Where any person continues

•contravention or non -

•compliance under sub -section

(1), he shall be liable to pay an

•additional penalty of ten

•thousand rupees for every day

•during which such contravention

continues.

SECTION Section 675

Untitled Section

•section 9, section 10 or section

•11 or orders or directions issued

•under those sections, he shall be

•liable to penalty in respect of

•each such contravention which

•shall not be less than ten

•thousand rupees but which may

•extend to five lakh rupees.

(2)Where any person continues

•contravention under sub -section

(1), he shall be liable to

•additional penalty of ten

•thousand rupees for every day

•during which such contravention

continues.”.

(D)For sections 15 to 17, the

•following shall be substituted,

•namely: -

•‘15. Penalty for contravention of

•provisions of Act, rules, orders

•and directions. - (1) Where any

•person contravenes or does not

•comply with any of the provisions

•of this Act or the rules made or

•orders or directions issued

•thereunder for which no penalty

•is provided, he shall be liable to

•penalty in respect of each such

•contravention which shall not be

•less than ten thousand rupees

•but which may extend to fifteen

•lakh rupees.

•(Recommendation No. 75)

(2)Where any person continues

•contravention under sub -section

(1), he shall be liable to

•additional penalty of ten

•thousand rupees for every day

•during which such contravention

continues.

•313

15A.Penalty for contravention

•by comp anies.—(1) Where any

•company contravenes any of

•the provisions of this Act, the

•company shall be liable to pay

•the penalty for each such

•contravention which shall not be

•less than one lakh rupees but

•which may extend to fifteen lakh

rupees.

(2)Where any company

•continues contravention or non -

•compliance under sub -section

(1), the company shall be liable

•to pay an additional penalty of

•one lakh rupees for every day

•during which such contravention

continues.

15B.Penalty for contravention

•by Government Dep artment.—

(1)Where contravention of any

•of the provisions of this Act has

•been committed by any

•Department of the Central

•Government or the State

•Government, the Head of the

•Department shall be liable to

•pay the penalty equal to one

•month of his basic salary:

•Provided that he shall not

•be liable for such contravention,

•if he proves that the

•contravention was committed

•without his knowledge or

•instructions or that he exercised

•all due diligence to prevent such

contravention.

(2)Where any contravention

•under sub-section (1) is

•attributable to any neglect on

•the part of, any officer, other

•than the Head of the

•Department, the officer shall be

•liable to pay the penalty equal

•to one month of his basic

•salary:

•Provided that he shall not

•be liable for the contravention, if

15A.Penalty for contravention by

companies.- (1) Where any

•company contravenes any of the

•provisions of this Act, the

•company shall be liable to

•penalty for each such

•contravention which shall not be

•less than one lakh rupees but

•which may extend to fifteen lakh

rupees.

(2)Where any company

•continues contravention under

•sub-section (1), the company

•shall be li able to additional

•penalty of one lakh rupees for

•every day during which such

•contravention continues.

15B.Penalty for contravention by

•Government Department. – (1)

•Where contravention of any of

•the provision of this Act has been

•committed by any Department of

•the Central Government or the

•State Government, the Head of

•the Department shall be liable to

•penalty equal to one month of his

•basic salary:

•Provided that he shall not

•be liable for such contravention,

•if he proves that the

•contravention was committed

•without his knowledge or

•instructions or that he exercised

•all due diligence to prevent such

contravention.

(2)Where any contravention

•under sub -section (1) is

•attributable to any neglect on the

•part of, any officer, other than the

•Head of the Department, the

•officer shall be liable to penalty

•equal to one month of his basic

•salary:

•Provided that he shall not be

•liable for the contravention, if he

•314

•he proves that he exercised all

•due diligence to avoid such

contravention.

•xxx xxx xxx

•15C(4) The adjudicating

•officer, while adjudicating the

•quantum of penalty under sub-

•section (3), shall have due

•regard to the following,

•namely:—

•xxx xxx xxx

(f)any such other factor, as

•may be prescribed.

•xxxxx

15D.Appeal. —( 1) Any person

•aggrieved by the order, passed

•by the adjudicating officer under

•this Act may prefer an appeal to

•the National Green Tribunal

•established under section 3 of

•the National Green Tribunal Act,

•2010 (19 of 2010).

•xxx xxx xxx

SECTION Section 676

Untitled Section

•CHAPTER IIIA FUND,

•ACCOUNTS AND AUDIT

•16(3) The Fund shall be

•applied for—

(a)the promotion of

•awareness, education and

•research for the protection of

•environment;

(b)the expenses for

•achieving the objects and

•purposes of the Air (Prevention

•and Control of Pollution) Act

•proves that he exercised all due

•diligence to avoid such

contravention.

•xxx xxx xxx

•15C(4) The adjudicating officer,

•while adjudicating the quantum of

•penalty under sub -section (3),

•shall have due regard to the

•following, namely: -

•xxx xxx xxx

(f)such other factor, as may be

prescribed.

•xxxxx

15D.Appeal. - (1) Whoever

•aggrieved by the order, passed

•by the adjudicating officer under

•this Act may prefer an appeal to

•the National Green Tribunal

•established under section 3 of

•the National Green Tribunal Act,

•2010 (19 of 2010).

•(Recommendation No. 76)

•xxx xxx xxx

(E)After Chapter III, the

•following Chapter shall be

•inserted, namely: -

•“CHAPTER IIIA

•FUND, ACCOUNTS AND AUDIT

•16(3) The Fund shall be applied

•for –

(a)the promotion of awareness,

•education and research for the

•protection of environment;

(b)the expenses for achieving

•the objects and for purposes of

•the Air (Prevention and Control of

•315

•1981 (14 of 1981), and this Act;

•xxx xxx xxx

16B.Annual Report. - The

•Central Government shall

•prepare its annual report in

•relation to Environmental

•Protection Fund giving a full

•account of its activities defined

•under this Act in such form, as

•may be prescribed, for each

•financial year during the

•previous financial year and

•forward a copy thereof, within

•four months from the last date

•of the previous financial year, to

•the Central Government which

•shall cause the annual report

•and the audit report given by

•the Comptroller and Auditor -

•General of India to be laid

•before each House of

Parliament.”.

•xxx xxx xxx

•Pollution) Act 1981(14 of 1981)

•and under this Act;

•xxx xxx xxx

16B.Annual Report.- The Central

•Government shall prepare its

•annual report in relation to

•Environmental Protection Fund

•giving a full account of its

•activities defined under this Act in

•such form, as may be prescribed,

•for each financial year during the

•previous financial year, and shall

•be laid before each House of

•Parliament along with audit

•report given by the Comptroller

•and Auditor-General of India.”.

•(Recommendation No. 77)

•xxx xxx xxx

SECTION Section 677

Untitled Section

25.Amendments proposed to The National Housing Bank Act, 1987

•(Sl. No. 25 of the Schedule)

3.74 The Committee observed that during briefing by the Department of Financial

•Services, Ministry of Finance on the proposed amendments, a modification was suggested

•by the Committee in the proposed new section 33C for examination by the Department.

3.75 The Department submitted, inter alia, as under:-

•“there is only one sub -Section in which the hon. Committee had suggested insertion

•which is Section 33(c) in which the Committee had suggested that the auditors

•should also be given and a reasonable opportunity of being heard.......So, we have

•amended the Section. Now, we are saying: “Where any auditor fails to comply with

•any direction given or order made by the National Housing Bank or the Reserve Bank

•under Section 33, the Reserve Bank may, after giving a reasonable opportunity of

•being heard to the auditor, remove or debar the auditor from exercising the duties as

•auditor of any of the Reserve Bank regulated entities for a maximum period of three

•years, at a time.” So, that we have changed”

•316

3.76 In view of the submissions made by the Department, the Committee decided that

•amendment proposed by the Committee in new section 33C may be incorporated in the Bill.

•The Committee agreed to the other amendments proposed to the Act by the Bill.

3.77 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to

•the Act in the Bill as

•introduced in Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The National

•Housing Bank Act,

•1987

(A)After section 33B, the

•following section shall be

•inserted, namely:—

•"33C. Power to take action

•against auditors. —Where any

•auditor fails to comply with any

•direction given or order made

•by the National Housing Bank

•or the Reserve Ban k under

SECTION Section 678

Untitled Section

•section 33, the Reserve Bank

•may, if satisfied, remove or

•debar the auditor from

•exercising the duties as auditor

•of any of the Reserve Bank

•regulated entities for a

•maximum period of three

•years, at a time.".

•xxx xxx xxx

(A)After section 33B, the

•following section shall be inserted,

•namely: —

•“33C. Power to take action

•against auditors. -Where any

•auditor fails to comply with any

•direction given or order made by

•the National Housing Bank or the

•Reserve Bank under section 33,

•the Reserve Ban k may, after

•giving a reasonable opportunity

•of being heard , remove or debar

•the auditor from exercising the

•duties as auditor of any of the

•Reserve Bank regulated entities

•for a maximum period of three

•years, at a time.”.

•(Recommendation No. 78)

•xxx xxx xxx

SECTION Section 679

Untitled Section

26.Amendments proposed to The Motor Vehicles Act, 1988

•(Sl. No. 26 of the Schedule)

3.78 The Ministry submitted inter alia as under:-

•“जजसमें आपने कुछ सुझाव ददए थे। उन सारे सुझावों को लमननस्ट्री ऑफ रोड रांसपोटष एंड हाइवेज़ ने

•मान ललये हैं। अगर आप अन ुमनत दें , तो मैं उनकी रीडडंग भी कर सकता हूाँ।”

•317

3.79 In view of the submissions made by the Ministry, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.80 Accordingly, the provision s, as amended, by the Joint Committee ha ve been shown

•below in Tabular form:

•Title Amendments proposed to

•the Act in the Bill as

•introduced in Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Motor Vehicles

•Act, 1988

(A)In section 192A, in sub -

•section (1), —

(i)for the words “and a fine of

•ten thousand rupees”, the

•words “or a fine of ten

•thousand rupees, or with both”

•shall be substituted;

•(ii) the proviso shall be omitted.

•xxxxxx

(B)In section 200,—

(i)for t he marginal

•heading, the following marginal

•heading shall be substituted,

•namely:—

•"Compounding of offences.";

•(ii) for sub -section (1), the

•following sub -section shall be

•substituted, namely:— "(1) Any

•offence whether committed

•before or after the

•commencement of this Act,

•punishable under section 177,

SECTION Section 68

Untitled Section

18.The Patents Act, 1970

SECTION Section 680

Untitled Section

•section 177A, section 178,

SECTION Section 681

Untitled Section

•section 179, section 180,

SECTION Section 682

Untitled Section

•section 181, section

•182, sub -section (1) or sub -

•section (3) or sub-section (4) of

SECTION Section 683

Untitled Section

•section 182A, section 182B,

•sub-section (1) or sub -section

(2)of section 183, section 184

•to the extent of use of

•handheld communication

•devices, section 186,

SECTION Section 684

Untitled Section

•section 189, sub-section (2)

•of section 190, section 192,

SECTION Section 685

Untitled Section

•section 192A, sub -section (3)

(A)In section 192A, in sub -

•section (1), —

(i)for the words “a fine of ten

•thousand rupees”, the words “a

•fine of ten thousand rupees, or

•with both” shall be substituted;

•(ii) the proviso shall be omitted.

•xxxxxx

(B)In section 200, for sub -

•section (1), the following sub -

•section shall be substituted,

•namely: —

•“(1) Any offence whether

•committed before or after the

•commencement of this Act

•punishable under section 177,

SECTION Section 686

Untitled Section

•section 177A, section 178, section

•179, section 180, section 181,

SECTION Section 687

Untitled Section

•section 182, sub -section (1) or

•sub-section (3) or sub -section (4)

•of section 182A, section 182B,

•sub-section (1) or sub -section (2)

•of section 183, clause (c) of the

•Explanation to section 184,

SECTION Section 688

Untitled Section

•section 186, section 189, sub -

•section (2) of section 190, section

•192, section 192A, sub-section (3)

•of section 192B, section 194,

SECTION Section 689

Untitled Section

•section 194A, section 194B,

SECTION Section 69

Untitled Section

19.The Marine Products Export Development Authority Act, 1972

SECTION Section 690

Untitled Section

•section 194C, section 194D,

SECTION Section 691

Untitled Section

•section 194E, section 194F,

SECTION Section 692

Untitled Section

•section 196, section 198 and

SECTION Section 693

Untitled Section

•section 201, may, either before or

•after the institution of the

•318

•of section 192B, section 194,

SECTION Section 694

Untitled Section

•section 194A, section 194B,

SECTION Section 695

Untitled Section

•section 194C, section 194D,

SECTION Section 696

Untitled Section

•section 194E, section 194F,

SECTION Section 697

Untitled Section

•section 196, section 198 and

SECTION Section 698

Untitled Section

•section 201, may, either before

•or after the institution of the

•prosecution, be compounded

•by such officers or authorities

•and for such amount as the

•State Government may, b y

•notification in the Official

•Gazette, specify in this

behalf.".

(C)In section 215, in sub -

•section (3), the following

•proviso shall be inserted,

•namely:—

•"Provided that the Central

•Government may, by

•notification in the Official

•Gazette, constitute Dist rict

•Road Safety Committee for

•such district in such State,

•where the State Government

•has not constituted the

•Committee, consisting of a

•Chairman and such other

•members as it considers

•necessary, and on such terms

•and conditions as it may

determine.".

•prosecution, be compounded by

•such officers or authorities and for

•such amount as the State

•Government may, by notification

•in the Official Gazette, specify in

•this behalf.”.

(C)In section 215, in sub -section

(3), the following proviso shall be

•inserted, namely:-

•“Provided that where a State

•Government has not

•constituted the District Road

•Safety Committee, the Central

•Government may, by

•notification in the Official

•Gazette, constitute a Committee

•for such District, consisting of

•a Chairman and such other

•members as it considers

•necessary and on such terms

•and conditions as it may

determine.”.

•(Recommendation No. 79)

SECTION Section 699

Untitled Section

27.Amendments proposed to The Railways Act, 1989

•(Sl. No. 27 of the Schedule)

3.81 The Bill seeks to substitute sub-section (2) of Section 144 as below:

•"(2) No person shall be permitted to beg in any railway carriage or upon any part of

•the railway."

3.82 In view of submission by the Ministry, the Committee agreed to the amendment

•proposed in the Bill.

•319

SECTION Section 7

Untitled Section

4.Shri Sanjay Seth

SECTION Section 70

Untitled Section

20.The High Denomination Bank Notes (Demonetisation) Act, 1978

SECTION Section 700

Untitled Section

28.Amendments proposed to The Public Liability Insurance Act, 1991

•(Sl. No. 28 of the Schedule)

3.83 In view of the submissions made by the Ministry during Clause by Clause

•consideration, the Committee decided that the amendments proposed to the Act by the Bill,

•as introduced, may be accepted. However, the Committee agreed to amend the proviso to

•sub-section (2) of the proposed new section 15A so as to insert the word “reasonable”

•therein to bring the provision in conformity with the principle of natural justice.

3.84 Accordingly, the provision, as amended, by the Joint Committee, has been shown

•below in Tabular form:

•Title Amendments proposed to

•the Act in the Bill as

•introduced in Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Public

•Liability Insurance

•Act, 1991

•xxx xxx xxx

(C)In section 4,—

•xxxxxx

•Provided that any owner

•handling any hazardous

•substance immediately before

•the commencement of the Jan

•Vishwas (Amendment of

•Provisions) Act, 2022, shall

•take out such insurance policy

•or policies as soon as may be

•and in any case within a period

•of one year from the

•commencement of that Act.";

•xxxxx

(E)In section 7, after sub -

•section (8), the following sub -

•section shall be inserted,

•namely:—

•"(9) Where the environment is

•affected or damaged due to

•manufacture, processing,

•treatment, package, storage,

•xxx xxx xxx

(C)In section 4, -

•Xxxxxx

•Provided that any owner

•handling any hazardous

•substance immediately before the

•commencement of the Jan

•Vishwas (Amendment of

•Provisions) Act , 2023, shall take

•out such insurance policy or

•policies as soon as may be and in

•any case within a period of one

•year from commencement of that

Act.”;

•xxxxx

(E)In section 7, after sub -section

(8), the following sub-section shall

•be inserted, namely:—

•“(9) Where the environment is

•affected or damaged due to

•manufacture, processing,

•treatment, package, storage,

•transportation, use, collection,

•320

•transportation, use, collection,

•destruction, conversion,

•transfer or such other

•processes, of such hazardous

•substance, the Central

•Government may, on an

•application made by the

•Central Pollution Control Board

•or the State Pollution Control

•Board, as the case may be,

•allocate the fund for restoration

•of the damage so caused in

•the manner as may be

prescribed.".

•xxxxx

(G)For section 14, the

•following section shall be

•substituted, namely:—

•"14. Penalty for

contravention.—

(1)Where any person

•contravenes any of the

•provisions of sub -section (1),

•sub-section (2), sub -section

•(2A) or sub -section (2C) of

SECTION Section 701

Untitled Section

•section 4, he shall be liable to

•pay the penalty equal to the

•amount of annual premium for

•insurance policy and may

•extend to twice the amount of

•such premium.

(2)Where contravention under

•sub-section (1) continues, an

•additional penalty may be

•imposed by the adjudicating

•officer, which shall not exceed

•the amount of premium to be

•paid, for each month or part

•thereof during which the

•contravention continues.".

•For section 15, the following

•sections shall be substituted,

•destruction, conversion, transfer

•or such other processes, of such

•hazardous substance, the Central

•Government m ay, on an

•application made by the Central

•Pollution Control Board or the

•State Pollution Control Board, as

•the case may be, allocate the

•fund from the Environmental

•Relief Fund for restoration of the

•damage so caused in the manner

•as may be prescribed.”.

•(Recommendation No. 80)

•xxxxx

(G)For sections 14 and 15, the

•following sections shall be

•substituted, namely: —

•“14. Penalty for contravention. —

(1)Where any person

•contravenes any of the

•provisions of sub -section (1),

•sub-section (2), sub -section (2A)

•or sub-section (2C) of section 4,

•he shall be liable to penalty

•equal to the amount of annual

•premium for insurance policy

•and may extend to twice the

•amount of such premium.

•xxxx

(2)Where any person continues

•non-compliance under sub -

•section (1) , he shall be liable to

•additional penalty to be imposed

•by the adjudicating officer , which

•shall not be less than ten

•thousand rupees for every day

•during which such non -

•compliance continues.

(3)Where any owner does not

•321

•namely:—

•"15. Penalty for non -

•compliance of directions. —(1)

•Where any person does not

•comply with any directions

•issued under section 12, he

•shall be liable to pay a penalty

•which shall not be less than ten

•thousand rupees but which

•may extend to fifteen lakh

rupees.

•Where any person continues

•non-compliance under sub -

•section (1), he shall be liable to

•pay an additional penalty to be

•imposed by the adjudicating

•officer, which shall not be le ss

•than ten thousand rupees for

•every day during which such

•non-compliance continues.

•Where any owner does not

•comply with the direction

•issued under section 9 or

•obstructs any person in

•discharge of his functions

•under section 10 or under sub -

•sections (1) , (2) or (3) of

SECTION Section 702

Untitled Section

•section 11, he shall be liable to

•pay penalty which shall not be

•less than ten thousand rupees

•but which may extend to fifteen

•lakh rupees.

•Where any person continues

•non-compliance under sub -

•section (3), he shall be liable to

•pay an additional penalty of ten

•thousand rupees for every day

•during which such non -

•compliance continues.

15A.Adjudicating Officer. —

(1)The Central Government,

•for the purposes of determining

•the penalties under sections 14

•or 15, may appoint the District

•Magistrate having jurisdiction

•over the area or an officer not

•below the rank of Director to

•the Government of India or an

•comply with the direction issued

•under section 9 or obstructs any

•person in discharge of his

•functions under section 10 or

•under sub -sections (1), (2) or (3)

•of section 11, he shall be liable to

•penalty which shall not be less

•than ten thousand rupees but

•which may extend to fifteen lakh

rupees.

(4)Where any person continues

•non-compliance under sub -

•section (3), he shall be liable to

•additional penalty of ten thousand

•rupees for every day during which

•such non-compliance continues.

15A.Adjudicating Officer.- (1) The

•Central Government, for the

•purposes of determining the

•penalties under sections 14 or 15,

•may appoint District Magistrate

•having jurisdiction over the area

•or an officer not below the rank of

•Director to the Government of

•India or an officer not below the

•322

•officer not below the rank of

•Joint Secretary to the State

•Government, to be the

•adjudicating officer, to hold an

•inquiry in the manne r, as may

•be prescribed and to impose

•the penalty:

•Provided that the Central

•Government may appoint as

•many adjudicating officers as

•may be required.

(2)The adjudicating officer

•may summon and enforce the

•attendance of any person

•acquainted with the fact s and

•circumstances of the case to

•give evidence or to produce

•any document, which in the

•opinion of the adjudicating

•officer, may be useful for, or

•relevant to, the subject -matter

•of the inquiry and if, on such

•inquiry, he is satisfied that the

•person concerned has failed to

•comply with the provisions of

•sub-section (1), sub -section

(2), sub -section (2A) or sub -

•section (2C) of section 4 and

SECTION Section 703

Untitled Section

•section 12, he may determine

•such penalty as he thinks fit in

•accordance with the provisions

•of sections 14 and 15:

•Provided that no such

•penalty shall be imposed

•without giving the person

•concerned an opportunity of

•being heard in the matter.

•xxx xxx xxx

15B.Appeal. —(1) Any person

•aggrieved by the order, passed

•by the adjudicating officer

•under section s 14 or 15, may

•prefer an appeal to the

•National Green Tribunal

•established under section 3 of

•rank of Joint Secretary to the

•State Government, to be the

•adjudicating officer, to hold an

•inquiry in the manner, as may be

•prescribed and to impose the

•penalty:

•Provided that the Central

•Government may appoint as

•many adjudicating officers as may

•be required.

(2)The adjudicating officer may

•summon and enforce the

•attendance of any person

•acquainted with the facts and

•circumstances of the case to give

•evidence or to produce any

•document, which in the opinion of

•the adjudicating offic er, may be

•useful for, or relevant to, the

•subject-matter of the inquiry and

•if, on such inquiry, he is satisfied

•that the person concerned has

•failed to comply with the

•provisions of sub-section (1), sub-

•section (2), sub -section (2A) or

•sub-section (2C) o f section 4 and

SECTION Section 704

Untitled Section

•section 12, he may determine

•such penalty as he thinks fit

•under the provisions of sections

•14 and 15:

•Provided that no such

•penalty shall be imposed without

•giving the person concerned a

•reasonable opportunity of being

heard.

•(Recommendation No. 81)

•xxx xxx xxx

15B.Appeal. —(1) Whoever

•aggrieved by the order, passed by

•the adjudicating officer under

SECTION Section 705

Untitled Section

•section 15A, may prefer an

•appeal to the National Green

•Tribunal established under

SECTION Section 706

Untitled Section

•section 3 of the National Green

•323

•the National Green Tribunal

•Act, 2010 (19 of 2010).

•xxx xxx xxx

(J)For section 17, the following

•sections shall be substituted,

•namely:—

•'17. Penalty for contravention

•by Government Department.—

(1)Where contravention of any

•provision of this Act has been

•committed by any Department

•of the Central Government or

•the State Government, the

•Head of the Department shall

•be liable to pay the penalty

•equal to one month of his basic

•salary:

•Provided that he shall

•not be liable for such

•contravention, if he proves that

•the contravention was

•committed without his

•knowledge or instructions or

•that he exercised all due

•diligence to prevent such

contravention.

(2)Where any contravention

•under sub -section (1) is

•attributable to any neglect on

•the part of any officer, other

•than the Head of the

•Department, he shall be liable

•to pay the penalty equal to one

•month of his basic salary:

•Provided that he shall not

•be liable for the contravention,

•if he proves that he exercised

•all due diligence to avoid such

contravention.

•xxxxxxx

•Tribunal Act, 2010 (19 of 2010).

•(Recommendation No. 82)

•xxx xxx xxx

(J)For section 17, the following

•sections shall be substituted,

•namely: —

•‘17. Penalty for contravention by

•Government Department. —

(1)Where contravention of any

•provision of this Act has been

•committed by any Department of

•the Central Government or State

•Government, the Head of the

•Department shall be liable to

•penalty equal to one month of his

•basic salary:

•Provided that he shall not be

•liable for such contravention, if he

•proves that the contravention was

•committed without his knowledge

•or instructions or that he

•exercised all due diligence to

•prevent such contravention.

(2)Where any contravention

•under sub -section (1) is

•attributable to any neglect on the

•part of, any offic er, other than the

•Head of the Department, he shall

•be liable to penalty equal to one

•month of his basic salary:

•Provided that he shall not be

•liable for the contravention, if he

•proves that he exercised all due

•diligence to avoid such

contravention.

•xxxxxxx

•324

SECTION Section 707

Untitled Section

29.Amendments proposed to The Cable Television Networks (Regulation) Act,

•1995

•(Sl. No. 29 of the Schedule)

3.85 The Committee noted that during the briefing by the Ministry of Information and

•Broadcasting on the proposed amendments, certain modifications were suggested by the

•Committee in Section 16(1)(2)(3) and Section 22(2)(db) of the Cable Television Networks

•(Regulation) Act, 1995.

3.86 The Ministry submitted, inter alia, as under:-

•“इसमें कमेटी की ररकमेंडेशन थी, सैक्शन 16 के सिसैक्शन (1)(2)(3) में थी।…………………

•‘पननशेिल ’ की जगह ‘लाएिल ’ हो गया।”

3.87 The Official further stated that all the suggestions made by the Committee have been

accepted.

3.88 In view of the submissions made by the Ministry, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.89 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced

•in Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Cable

•Television

•Networks

•(Regulation) Act,

•1995

(A)For sections 16 to 18,

•the following section shall be

•substituted, namely:—

•"16. Penalty for contravention

•of provisions of this Act. —(1)

•Whoever contravenes any of

•the provisions of this Act shall

•be punishable,—

(a)for the first offence, with

•advisory, or censure, or

(A)For CHAPTER IV , the

•following CHAPTER shall be

•substituted, namely:-

•“CHAPTER IV

•PENALTIES

SECTION Section 708

Untitled Section

16.Penalty for contravention of

•provisions of this Act. –

(1)Whoever contravenes any of

•the provisions of this Act shall

•be liable,-

(a)for the first contravention,

•with advisory, or censure, or

•325

•warning, or a penalty which

•may extend to twenty

•thousand rupees, or with both;

(b)for every subsequent

•offence, with advisory, or

•censure, or warning, or a

•penalty which may extend to

•one lakh rupees, or with both;

(c)for any violation

•thereafter, by cancellation of

•registration granted, for such

•period, by the designated

•officer, as may be prescribed.

(2)The designated officer,

•may, for the reasons to be

•recorded in writing, by order,

•impose penalty referred to in

•sub-section (1):

•Provided that no such penalty

•shall be imposed without

•giving a reasonable

•opportunity of being heard.

(3)Any person aggrieved

•by any penalty imposed by

•order under sub -section (2),

•may prefer an appeal to the

•Secretary to the Government

•of India or such other officer

•authorised by him:

•warning, or a penalty which may

•extend to twent y thousand

•rupees, or with both;

(b)for every subsequent

•contravention within a period

•of three years, with advisory, or

•censure, or warning, or a

•penalty which may extend to

•one lakh rupees, or with both,

•by such designated officer, as

•may be prescribed.

(2)The designated officer, may,

•for the reasons to be recorded

•in writing, by order, impose

•penalty referred to in sub -

•section (1):

•Provided that in cases of

•more than three

•contraventions over a period

•of three years, the designated

•officer, in addition to penalty

•referred to in sub -section (1),

•may, for the reasons to be

•recorded in writing, by order,

•suspend or revoke the

•registration granted:

•Provided further that no

•order by the designated

•officer under this sub -section

•shall be made without giving a

•reasonable opportunity of being

heard.

(3)Whoever aggrieved by the

•order made under sub -section

(2), may prefer an appeal to the

•Secretary to the Government of

•India or such other officer

•authorised by him:

•326

•Provided that no such

•appeal shall be admissible

•after thirty days of imposition

•of penalty:

•Provided further that an

•appeal may be entertained

•after the expiry of the period

•of thirty days, if he is satisfied

•that the appellant was

•prevented by sufficient cause

•from preferring the appeal in

time.".

•xxx xxx xxx

•Provided that no such

•appeal shall be admissible after

•the expiry of thirty days from

•the date of receipt of such

•order:

•Provided further that an

•appeal may be entertained after

•the expiry of the period of thirty

•days, if he is satisfied that the

•appellant was prevented by

•sufficient cause from preferring

•the appeal in time.”.

•(Recommendation No. 83)

•xxx xxx xxx

SECTION Section 709

Untitled Section

30.Amendments proposed to The Trademarks Act, 1999

•(Sl. No. 30 of the Schedule)

3.90 The Department submitted, inter alia, as under during Clause by Clause

•consideration of amendments:

•“सर , सेक्शन 107 में यह था कक जजसका रेड माकष रजजस्ट्टडष न हो और इसको गलत रजजस्ट्टडष ककया

•हुआ शो करे , तो हमने इसमें पेनल्टी लगाई थी। We had said again ‘not less than Rs. 25,000

•may extend to Rs. 1 lakh.’

•इसमें कमेटी की रेक्मेंडेशन थी, the Committee said that Rs. 1 lakh is too less a limit for the

•upper cap. So, we have revised it. Now, we have said: ‘If any person contravenes

•any of the provisions of Sub -Section 1, he shall pay, by way of penalty, a sum equal

•to one-half per cent of the total sales or turnover as the case may be in business or

•gross receipts in the profession as computed in the audited accounts of such person

•or a su m equal to Rs. 5 lakh, whichever is less.…………or he shall be liable to a

•penalty of not less than Rs. 25,000 which may extent to Rs. 5 lakh.”

3.91 In view of the submissions made by the Department, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

•327

3.92 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Trade Marks

•Act, 1999

•xxxxxx

(B)In section 107, in sub -

•section (2), for the words

•"punishable with imprisonment

•for a term which may extend to

•three years, or with fine, or with

•both", the words "liable to a

•penalty of not less than twenty -

•five thousand rupees but which

•may extend to one lakh rupees"

•shall be substituted.

•xxxxxx

(D)after section 112, the

•following section shall be

•inserted, namely:—

•"112A. Adjudication of

penalties.—

(1)The Registrar may, by an

•order, impose penalty on a

•person for any contravention or

•default, the manner and

•conditions of recovery of penalty

•under the provisions of this Act

•shall be such as may be

prescribed.

(2)The Registrar shall,

•before imposing any penalty,

•give a reasonable opportunity of

•being heard to the person who is

•in default.

•Xxxxxx

(B)In section 107, in sub -section

(2), for the words “punishable with

•imprisonment for a term which

•may extend to three years, or with

•fine, or with both”, the words

•“liable to penalty of a sum

•equal to one half per cent of

•the total sales or turnover, as

•the case may be, in business or

•of the gross receipts in

•profession, as computed in the

•audited accounts of such

•person, or a sum equal to five

•lakhs rupees, whichever is

•less”.

•(Recommendation No. 84)

•xxxxxx

(D)after section 112, the

•following section s shall be

•inserted, namely:—

•“112A. Adjudication of

penalties.— The Registrar

•may, by an order, authorise an

•officer referred to in section 3,

•to be adjudicating officer for

•holding an inquiry and impose

•penalty under the provisions of

•this Act, in the manner as may

•be prescribed, after giving a

•reasonable opportunity of

•being heard.

112B.Appeal. — (1) Whoever

•aggrieved by an order of the

•adjudicating officer under

SECTION Section 71

Untitled Section

21.The Air (Prevention and Control of Pollution) Act, 1981

SECTION Section 710

Untitled Section

•section 112A may prefer an

•appeal to the appellate

•authority, who shall be an

•328

(3)Where the person fails to

•comply with the order made

•under sub -section (1), within a

•period of ninety days from the

•date of receipt of the order, he

•shall be punishable with a f ine of

•one lakh rupees or imprisonment

•for a term which may extend to

•one year, or with both.".

•officer at least one rank above

•the adjudicating officer, within

•a period of sixty days from the

•date of receipt of the order, as

•the Central Government may

•by notification authorise in this

behalf.

(2)Every appeal u nder this

•section shall be preferred in

•such form and manner as may

•be prescribed,

(3)An appeal may be admitted

•after the expiry of the period of

•sixty days if the appellant

•satisfies the appellate authority

•that he had sufficient cause for

•not preferring the appeal within

•that period.

(4)No appeal shall be disposed

•of unless the appellant has

•been given a reasonable

•opportunity of being heard.

(5)The appellate authority

•referred to in sub -section (1)

•shall dispose of the appeal

•within sixty days fro m the date

•of filing the appeal.

(6)Notwithstanding anything

•contained in this Act, if the

•person fails to comply with the

•order of the adjudicating officer

•under section 112A or the

•order of the appellate authority

•under this section, as the case

•may be , within ninety days of

•such order, he shall, in addition

•to the penalty, be punishable

•with fine of one lakh rupees or

•imprisonment for a term which

•may extend to one year, or with

both.". [Reference para

3.56B]

•(Recommendation No. 85)

•329

(E)In section 140, for sub -

•section (3), the following sub -

•section shall be substituted,

•namely:—

•"(3) The importer or his agent

•shall, within fourteen days,

•comply with the requirement as

•aforesaid, and if he fails to do so,

•he shall be liable to pay a

•penalty of ten thousand rupees:

•Provided that the penalty

•under this section shall be levied

•by such authori ty as authorised

•under the Customs Act, 1962 (52

•of 1962) for this purpose.".

(F)In section 157, in sub -

•section (2), after clause (xxxiii),

•the following clause shall be

•inserted, namely:—

•"(xxxiiia) the manner and

•conditions of recovery of penalty

•under sub -section (1) of section

•112A;".

(E)In section 140, for sub-section

(3), the following sub-section shall

•be substituted, namely:-

•“(3) The importer or his agent

•shall, within fourteen days,

•comply with the requirement as

•aforesaid, and if he fails to do so,

•he shall be liable to pay a penalty

•of ten thousand rupees:

•Provided that the penalty

•under this section shall be levied

•and recovered by such authority

•under the Customs Act, 1962 (52

•of 1962) for this purpose.”.

(F)In section 157, in sub -

•section (2), after clause (xxxiii),

•the following clauses shall be

•inserted, namely:-

•“(xxxiiia) the manner of

•imposing penalty under section

•112A;

•(xxxiiib) the form and manner

•of preferring appeal under sub -

•section (2) of section 112B; ”.

•(Recommendation No. 86)

SECTION Section 711

Untitled Section

31.Amendments proposed to The Geographical Indications of Goods (Registration

•and Protection) Act, 1999

•(Sl. No. 31 of the Schedule)

3.93 The Department submitted inter alia as under during Clause by Clause consideration

•of amendments:

•“चारों एक्ट्स में सेम चीज है। हमने चारों में सेम कफलॉसफी लगा दी है। इसमें जो सेक्शन 42 था,

•उसमें कमेटी की रेम्मेंडेशन थी।………. आगे अपीलेट अथॉररटी है। उसके िाद, कॉपी राइट एक्ट में

•ऐसा कोई सजेशन नहीं था, हम सेक्शन को ऑलमट ही कर रहे थे।“

3.94 In view of the submissions made by the Department, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

•330

3.95 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Geographical

•Indications of

•Goods

•(Registration and

•Protection) Act,

•1999

(A)After section 37, the

•following section shall be

•inserted, namely:—

•"37A. Adjudication of

penalties.—(1) The Registrar

•may, by an order, impose

•penalty, on a person for any

•contravention or default under

•the provisions of this Act, the

•manner and conditions of

•recovery of penalty, shal l be

•such as may be prescribed.

(2)The Registrar shall,

•before imposing any penalty,

•give a reasonable opportunity of

•being heard to the person who is

•in default.

(3)Where the person fails to

•comply with the order made

•under sub -section (1), within a

•period of ninety days from the

•date of receipt of the order, he

•shall be punishable with

•imprisonment for a term which

•may extend to one year, or with

•fine which shall not be less than

•twenty-five thousand rupees but

•which may extend to five lakh

•rupees, or with both.".

(A)After section 37, the following

•section shall be inserted,

•namely:—

•“37A. Adjudication of

penalties.— The Registrar may,

•by an order, authorise an

•officer referred to in section 3,

•to be adju dicating officer for

•holding an inquiry and impose

•penalty under the provisions of

•this Act, in the manner as may

•be prescribed, after giving a

•reasonable opportunity of

•being heard.

37B.Appeal .— (1) Whoever

•aggrieved by an order of the

•adjudicating officer under

SECTION Section 712

Untitled Section

•section 37A may prefer an

•appeal to the appellate

•authority, who shall be an

•officer at least one rank above

•the adjudicating officer, within

•a period of sixty days from the

•date of receipt of the order, as

•the Central Government may

•by notification authorise in this

behalf.

(2)Every appeal under this

•section shall be preferred in

•such form and manner as may

•be prescribed,

(3)An appeal may be admitted

•after the expiry of the period of

•sixty days if the appellant

•satisfies the appellate au thority

•that he had sufficient cause for

•331

(B)In section 42, in sub -

•section (2), for the words

•"punishable with imprisonment

•for a term which may extend to

•three years, or with fine, or with

•both", the words "liable to a

•penalty, of not less than twenty-

•five thousand rupees but which

•may extend to one lakh rupees"

•shall be substituted.

•xxxxxxx

•not preferring the appeal within

•that period.

(4)No appeal shall be disposed

•of unless the appellant has

•been given a reasonable

•opportunity of being heard.

(5)The appellate authority

•referred to in sub -section (1)

•shall dispose of the appeal

•within sixty days from the date

•of filing.

(6)Notwithstanding anything

•contained in this Act, if the

•person fails to comply with the

•order of the adjudicating officer

•under section 37A or the order

•of the appellate authority under

•this section, as the case may

•be, within ninety days of such

•order, he shall, in addition to

•the penalty, be punishable with

•fine of one lakh rupees or

•imprisonment for a term which

•may extend to one year, or with

both.". [Reference para 3.56B]

•(Recommendation No. 87)

(B)In section 42, in sub -section

(2), for the words “punishable with

•imprisonment for a term which

•may extend to three years, or with

•fine, or with both”, the words

•“liable to penalty of a sum

•equal to one half per cent of

•the total sales or turnover , as

•the case may be, in business or

•of the gross receipts in

•profession as computed in the

•audited accounts of such

•person, or a sum equal to five

•lakh rupees, whichever is less ”

•shall be substituted.

•(Recommendation No. 88)

•xxxxxxx

•332

(D)In section 87, in sub -

•section (2), after clause (o), the

•following clause shall be

•inserted, namely:—

•"(oa) the manner and conditions

•of recovery of penalty under sub-

•section (1) of section 37A;".

(D)In section 87, in sub -section

(2), after clause (o), the following

SECTION Section 713

Untitled Section

•clauses shall be inserted,

•namely:—

•“(oa) the manner of holding

•inquiry and imposing penalty

•under section 37A;

•(ob) the form and manner of

•preferring appeal under sub-

•section (2) of section 37B; ”.

•(Recommendation No. 89)

SECTION Section 714

Untitled Section

32.Amendments proposed to The Information Technology Act, 2000

•(Sl. No. 32 of the Schedule)

3.96 The Ministry submitted, inter alia, as under during Clause by Clause consideration of

•amendments:

•“इसमें वहां काफी डडटेल में डडसकशन हुई है। हमारा जो नया डीपीडीपी बिल है, उससे भी हम इसको

•एलाइन कर रहे हैं। वह जल्दी ही आने वाला है, कंसल्टेशन पूरा हो गया है। यह क्लॉज भी अगर हम देखें

•तो – it is ‘save as otherwise provided ’ – यह एक सेववंग क्लॉज है। जैसा माननीय सलमनत ने भी

•कहा था कक इसे उससे एलाइन कर ददजजये , क्योंकक वह डीपीडीपी बिल भी हम िहुत जल्दी लेकर आने

•वाले हैं, हमने उससे एलाइन ककया है। ........सेक्शन 72ए भी सेम है। There was a suggestion that

•the word punishment should be replaced with penalty if there is no criminal

punishment.We have accepted that........ जैसा माननीय सलमनत ने िताया था, वैसे ही हमने

•िदल ददया है।”

3.97 In view of the submissions made by the Ministry, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

•333

3.98 Accordingly, the provision, as amended by the Joint Committee, has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Information

•Technology Act,

•2000

(A)In section 2, in sub -

•section (1), in clause (e), for the

•long line, the following shall be

•substituted, namely:—

•"the State Government, and in

•any other case—

(I)relating to relevant

•provision, or a computer

•resource, which is controlled by

•the respective Ministry or

•Department of the Central

•Government, such Ministry or

•Department; or

•(II) not covered under sub -

SECTION Section 715

Untitled Section

•clause (I), the Central

•Government;".

•Amendment omitted.

(B)In section 33, in sub -

•section (2), for the words

•"punished with imprisonment

•which may extend up to six

•months or a fine which may

•extend up to ten thousand

•rupees or with both", the words

•"liable to pay penalty which may

•extend to five lakh rupees" shall

•be substituted.

(C)In section 44,—

(i)in clause (a), for the

•words "one lakh and fifty

•thousand", the words "fifteen

•lakh" shall be substituted;

•(ii) in clause (b), for the

•words "five thousand", the words

•"fifty thousand" shall be

•substituted;

•(iii) in clause (c), for the

(A)In section 33, in sub -section

(2), for the w ords, “punished with

•imprisonment which may extend

•up to six months or a fine which

•may extend up to ten thousand

•rupees or with both”, the words

•“liable to penalty which may

•extend to five lakh rupees” shall

•be substituted.

(B)In section 44,—

(i)in c lause (a), for the words,

•“one lakh and fifty thousand”, the

•words “fifteen lakh” shall be

•substituted;

•(ii) in clause (b), for the words,

•“five thousand”, the words “fifty

•thousand”, shall be substituted;

•(iii) in clause (c), for the words,

•334

•words "ten thousand", the words

•"one lakh" shall be substituted.

(D)In section 45, for the

•words "compensation not

•exceeding twenty -five thousand

•rupees to the person affected by

•such contravention or a penalty

•not exceeding twenty -five

•thousand rupees", the following

•shall be substituted, namely:—

•"penalty not exceeding one lakh

•rupees, in addition to

•compensation to the person

•affected by such contravention

•not exceeding—

(a)ten lakh rupees, by an

•intermediary, company or body

•corporate; or

(b)one lakh rupees, by any

•other person.".

(E)In section 46, in sub -

•section (1), for the words "under

•this Chapter", the words "under

•this Act" shall be substituted.

(F)Section 66A shall be

omitted.

(G)In section 67C, in sub -

•section (2), for the words

•"punished with an imprisonment

•for a term which may extend to

•three years and also be liable to

•“ten thousan d”, the words “one

•lakh” shall be substituted.

(C)In section 45, —

(i)for the words “rules or

•regulations”, the words “rules,

•regulations, directions or

•orders” shall be substituted;

•(ii) for the words, “compensation

•not exceeding twenty -five

•thousand rupees to the person

•affected by such contravention or

•a penalty not exceeding twenty -

•five thousand rupees”, the

•following shall be substituted,

•namely:-

•“penalty not exceeding one lakh

•rupees, in addition to

•compensation to the person

•affected by such c ontravention

•not exceeding-

•ten lakh rupees, by an

•intermediary, company or body

•corporate; or

•one lakh rupees, by any other

person.”.

(D)In section 46, -

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

•words “under this Chapter”, the

•words “under this Act” shall be

•substituted;

(i)(ii) in sub -section (1A), the

•words “injury or” at both the

•places where they occur shall

•be omitted.

(E)Section 66A shall be omitted.

(F)In section 67C, in sub -section

(2), for the words, “punished with

•an imprisonment for a term which

•may extend to three years and

•also be liable to fine”, the words

•335

•fine", the words "liable to pay

•penalty which may extend to

•twenty-five lakh rupees" shall be

substituted.

(H)In section 68, in sub -

•section (2), for the words "on

•conviction to imprisonment for a

•term not exceeding two years or

•a fine not exceeding one lakh

•rupees or with both", the words

•"to pay penalty which may

•extend to twenty -five lakh

•rupees" shall be substituted.

(I)In section 69B, in sub -

•section (4), for the words "three

•years and shall also be liable to

•fine", the words "one year or

•shall be liable to fin e which may

•extend to one crore rupees, or

•with both" shall be substituted.

(J)In section 70B, in sub -

•section (7), for the words "one

•lakh", the words "one crore" shall

•be substituted.

(K)In section 72, for the

•words "punished with

•imprisonment for a t erm which

•may extend to two years, or with

•fine which may extend to one

•lakh rupees, or with both", the

•words "liable to penalty which

•may extend to five lakh rupees"

•shall be substituted.

(L)In section 72A, for the

•words "punished with

•imprisonment for a term which

•may extend to three years, or

•with fine which may extend to

•five lakh rupees, or with both",

•the words "liable to pay penalty

•which may extend to twenty -five

•lakh rupees" shall be substituted.

•“liable to pay penalty which may

•extend to twenty-five lakh rupees”

•shall be substituted.

(G)In section 68, in sub -section

(2), for the words, “on conviction

•to imprisonment for a term no t

•exceeding two years or a fine not

•exceeding one lakh rupees or

•with both”, the words “to pay

•penalty which may extend to

•twenty-five lakh rupees” shall be

substituted.

(H)In section 69B, in sub -section

(4), for the words, “three years

•and shall also be liable to fine”,

•the words “one year or shall be

•liable to fine which may extend to

•one crore rupees, or with both”

•shall be substituted.

(I)In section 70B, in sub -section

(7), for the words, “one lakh”, the

•words “one crore” shall be

substituted.

(J)In section 72, for the words,

•“punished with imprisonment for a

•term which may extend to two

•years, or with fine which may

•extend to one lakh rupees, or with

•both”, the words “liable to penalty

•which may extend to five lakh

•rupees” shall be substituted.

(K)In section 72A,-

(i)in the marginal heading, for

•the word “Punishment”, the

•word “Penalty” shall be

•substituted;

•(ii) for the words, “punished with

•imprisonment for a term which

•may extend to three years, or with

•fine which may extend to five lakh

•rupees, or with both”, the words

•336

•“liable to penalty which may

•extend to twenty-five lakh rupees”

•shall be substituted.

•(Recommendation No. 90)

SECTION Section 716

Untitled Section

33.Amendments proposed to The Metro Railways (Operation and Maintenance)

•Act, 2002

•(Sl. No. 33 of the Schedule)

3.99 The Ministry submitted, inter alia, as under:-

•“हमारे मेरो के ऑपरेशन एंड मेंटेनेंस एक्ट के चैप्टर 11 में जो ऑफेन्सेस एंड पेनाल्टी है, उसमें

•डडकिलमनलाइजेशन ककया है और उसको जनववश्वास बिल में लाया गया है। इसमें आठ प्रोववजन्स हैं।

•पहला सेक्शन-6 है, जजसमें हमने मेरो कंपनी को पावर दी है कक वह पेनाल्टी को लेवी कर सकते हैं, जो

•पहले प्रावधान नहीं है। िाकी प्रावधान में जहां पर फाइन था, उसको हमने पेनाल्टी ककया है। उसका

•प्रावधान पहले इस एक्ट में नहीं था। इसमें सेक्शन 6(2)जे इंसटष ककया है, जजसमें मेरो रेल एड

•लमननस्ट्रेशन को यह पावर दी है।…….इसमें कोई सजेशन नहीं था। यहसेक्शन 6(2)जेहै। ………जो

•दूसरा था, वह 59 (2) में था। पहले हमने िोला था कक इनटॉजक्सकेश न करके आएगा और अगर मेरो

•ऑपरेशन में सेफ्टी अफेक्ट होती हो तो हमने पहले सजा के प्रावधान को खत्म करने के ललए प्रपोज

•ककया था। इसमें जि चचाष हुई थी तो उस दौरान यह िताया गया कक मेरो की सेफ्टी अफेक्ट नहीं होनी

•चादहए। उसमें हमने दो साल सजा का प्रावधान रखा है।…………यह दो साल का है। अगर मेरो

•ऑकफलसयल Intoxicated condition में रहेगा तो उसको 10,000 रुपये की पेनाल्टी देनी होगी, जो कक

•पहले 250 रुपये का फाइन था। अगर वह इनटॉजक्सकेशन स्ट्टेज में रहता है, जजससे पैसेंजर सेफ्टी

•अफेक्ट होती है तो उसमें दो साल के सजा का प्रावधान ककया है।…….इसको हमने अक्सेप्ट कर ललया

•है।………पुरान े में भी दो साल का प्रावधान था, इसललए उसको ररटेन कर ललया है।…….इसमें हमने

•िस चेंजेज ककया है, इनटॉजक्सकेशन के िारे में सजेशन आया था कक अगर वह Intoxicated condition

•में पाया जाता है तो पहले जो 250 रुपये का फाइन था, उसे 10,000 रुपये के पेनाल्टी का प्रोववजन कर

•ददया। ”

3.100 In view of the submissions made by the Ministry, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

•337

3.101 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Metro

•Railways

•(Operation and

•Maintenance) Act,

•2002

(A)In section 6, in sub -

•section (2),—

(a)in clause (h), the word

•"and" occurring at the end shall

•be omitted;

(b)after clause (i), the

•following clause shall be

•inserted, namely:—

•"(j) levy and collect penalties

•under this Act.".

(B)In section 59, for sub -

•section (2), the following sub -

•section shall be substituted,

•namely:—

•"(2) If any metro railway official

•or authorised person is in a state

•of intoxication while on duty, he

•shall be punishable with penalty

•which may extend to ten

•thousand rupees.".

(C)In section 63, for the

•words "imprisonment for a term

•which may extend to one month,

•or with fine which may extend to

•fifty rupees, or with both", the

•words "penalty which may

•extend to five thousand rupees"

•shall be substituted.

(A)In section 6, in sub -section

(2), after clause ( g), the following

SECTION Section 717

Untitled Section

•clause shall be inserted, namely:-

•“(ga) levy and collect penalties

•under this Act;".

(B)In section 59, in sub-section

(2),-

(i)for the words “punishable

•with fine which may extend to

•two hundred and fifty rupees”,

•the words “liable to penalty

•which may extend to ten

•thousand rupees” shall be

•substituted;

•(ii) for the words “five hundred

•rupees”, the words “ten

•thousand rupees” shall be

substituted.

•(Recommendation No. 91)

(C)In section 63, for the words,

•“after being warned by any

•metro railway official to desist,

•he shall be punishable with

•imprisonment for a term which

•may extend to one month or with

•fine which may extend to fifty

•rupees, or with both”, the words

•“he shall be liable to penalty

•which may extend to five

•thousand rupees” shall be

substituted.

•338

(D)In section 65, in the long

•line, for the word s "five years, or

•with fine which may extend to six

•thousand rupees, or with both",

•the words "one year, or with fine

•which may extend to thirty

•thousand rupees, or with both"

•shall be substituted.

(E)In section 69, for sub -

•section (4), the following su b-

•section shall be substituted,

•namely:—

•"(4) If any passenger liable to

•pay the excess charge and fare

•mentioned in sub -section (1), or

•the excess charge and any

•difference of fare mentioned in

•sub-section (2), fails or refuses

•to pay the same on a deman d

•being made therefor, any metro

•rail official authorised by the

•metro rail administration in this

•behalf may apply to the

•Metropolitan Magistrate or, as

•the case may be, Judicial

•Magistrate of the First Class, for

•the recovery of the sum payable

•as if it were a fine.".

(F)For section 70, the

•following section shall be

•substituted, namely:—

•"70. Needlessly interfering with

•means of communication in a

train.—If any passenger or any

•other person without reasonable

•and sufficient cause makes use

•of, or inte rferes with, any means

•provided by the metro railway

•administration in a metro railway

•for communication between

•passengers and metro railway

•official in charge of the metro

•railway or misuses alarm bell or

•emergency stop push or

•emergency trip system or

•emergency call point of the

(D)In section 65, in the long line,

•for the words “ five years, or with

•fine which may extend to six

•thousand rupees, or with both”,

•the words “two years, or with fine

•which may extend to thirty

•thousand rupees, or with both”

•shall be substituted.

(E)In section 69, for sub -section

(4), the following sub-section shall

•be substituted, namely:-

•“(4) If any passenger liable to pay

•the excess charge and fare

•mentioned in sub -section (1), or

•the excess charge and any

•difference of fare mentioned in

•sub-section (2), fails or refuses to

•pay the same on a demand being

•made therefor, any metro rail way

•official authorised by the metro

•railway administration in this

•behalf may apply to any

•Metropolitan Magistrate or, as the

•case may be, Judicial Magistrate

•of the First Class, for the recovery

•of the sum payable as if it were a

fine.”.

(F)For section 70, the following

•section shall be substituted,

•namely:-

•“70. Needlessly interfering with

•means of communication in a

train.- If any passenger or any

•other person without reasonable

•and sufficient cause makes use

•of, or interferes with, any means

•provided by the metro railway

•administration in a metro railway

•for communication between

•passengers and metro railway

•official in charge of the metro

•railway or misuses alarm bell or

•emergency stop push or

•emergency trip system or

•339

•metro railway, he shall be

•punishable with penalty which

•may extend to ten thousand

rupees.".

(G)Section 80 shall be

omitted.

(H)In section 82, in sub -

•section (1), for the words and

•figures "sections 59, 61, 65 to

•79", the wo rds and figures

•"sections 61, 65 to 68, 71 to 79"

•shall be substituted.

•emergency call point of the metro

•railway, he shall be liable to

•penalty which may extend to ten

•thousand rupees.”.

(G)Section 80 shall be omitted.

(H)In section 82, in sub -section

(1), for the word s and figures

•“sections 65 to 79”, the words and

•figures “sections 65 to 68, 71 to

•79” shall be substituted.

•(Recommendation No. 92)

SECTION Section 718

Untitled Section

34.Amendments proposed to The Prevention of Money-laundering Act, 2002

•(Sl. No. 34 of the Schedule)

3.102 The Committee observed that during briefing by the Department of Revenue, the

•Department stated that:-

•“हमारे में consequential amendments हैं, जो तीन ववभागों के चार एक्ट्स हैं। डीपीआईआईटी का

•रेडमाक्सष एक्ट है। यह सीररयल नंिर 30 पर संशोधन हो रहा है। कफर सीररयल नंिर 32 में इन फॉमेशन

•टेक्नोलॉजी एक्ट, 2000 में संशोधन हो रहा है। वह डडलीट हो रहे हैं, डीकिलमनलाइज हो रहे हैं। सर ,

•प्रमुख त: ये चार सेक्शन्स हैं। तीसरा सेक्शन एनवायनषमेंट का डीकिलमनलाइज हो रहा है, वह सीररयल

•नंिर 24 पर है और चौथा सीररयल नंिर 21 पर है। ये चार सेक्शन्स डीकिलमनलाइज हो रहेहैं। हमारे

•consequential amendments हैं, क्योंकक वे डीकिलमनलाइज हो जाएंगे तो वप्रवेंशनऑफ मनीलॉजन्ड्रंग

•एक्ट से भी हटाने पड़ेंगे। क्योंकक ऑफेंस ही नहीं रहेगा। Predicate offence ही नहीं रहेगा। हमारा काम

•मनीलॉजन्ड्रंग एक्ट में, जैसा आपको माल ूम है, तभी प्रारम्भ होता है जि कोई िाइम होता है। जो

•proceeds of crime है, वह मनीलॉजन्ड्रंग की श्रेणी में आते हैं।“

3.103 In view of submission of the Department, the Committee agreed to the amendments

•proposed to the Act in the Bill, as introduced with minor changes. However, the Committee

•felt the need to substitute the word “Description” appearing at both the places in the

•headings of the tables in the Schedule with the words “Description of Offences” and

•“Description of Offence”, respectively.

•340

SECTION Section 719

Untitled Section

35.Amendments proposed to The Food Safety and Standards Act, 2006

•(Sl. No. 35 of the Schedule)

3.104 The Department submitted, inter alia, as under:-

•“इसमें आपका सुझाव था कक इसको ककया जाए : “with imprisonment for a term which may

•extend to three months and also with fine which may extend to three lakh

rupees........यह एक लाख से िढ़ाकर तीन लाख कर ददया था। यह उस तरह का अनसेफ फूड है, जो

•अनसेफ तो है, लेककन उससे मुझे इंजरी नहीं हो रही है।”

3.105 In view of the submissions made by the Department, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.106 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Food Safety

•and Standards

•Act, 2006

(A)In section 59, in clause (i),

•for the words "imprisonment for a

•term which may extend to six

•months and also with fine which

•may extend to one lakh rupees",

•the words "fine which may

•extend to three lakh rupees"

•shall be substituted.

(B)In section 61, for the

•words "imprison- ment for a term

•which may extend to three

•months and also with fine which

•may extend to two lakh rupees",

•the words "fine which may

•extend to ten lakh rupees" shall

•be substituted.

(A)In section 59, in clause (i), for

•the words “ imprisonment for a

•term which may exten d to six

•months and also with fine which

•may extend to one lakh rupees”,

•the words ” three months and

•also with fine which may extend

•to three lakh rupees” shall be

substituted.

(B)In section 61,-

(i)in the marginal heading,

•for the word “Punishment”, the

•word “Penalty” shall be

•substituted;

•(ii) for the words “ punishable

•with imprisonment for a term

•which may extend to three

•months and also with fine which

•341

(C)In sect ion 63, for the

•words "imprison ment for a term

•which may extend to six mo nths

•and also with a fine which may

•extend to five lakh rupees", the

•words "fine which may extend to

•five lakh rupees" shall be

substituted.

•may extend to two lakh rupees”,

•the words “liable to penalty

•which may extend to ten lakh

•rupees” shall be substituted.

•(Recommendation No. 93)

(C)In section 63,-

(i)in the marginal heading,

•for the word “Punishment”, the

•word “Penalty” shall be

•substituted;

•(ii) for the words “ punishable

•with imprisonment for a term

•which may extend to six months

•and also with a fine which may

•extend to five lakh rupees”, the

•words “ liable to penalty which

•may extend to ten lakh rupees”

•shall be substituted.

•(Recommendation No. 94)

•342

SECTION Section 72

Untitled Section

22.The National Bank for Agriculture and Rural Development Act, 1981

SECTION Section 720

Untitled Section

36.Amendments proposed to The Government Securities Act, 2006

•(Sl. No. 36 of the Schedule)

3.107 The Department Submitted that the Reserve Bank of India has confirmed that there

•was no instance of invocation of imprisonment clause under Section 30(1) of the

•Government Securities Act, 2006 or of imposing any fine under the said Section. A s there

•had been no occasion for RBI to impose fine on any individual or entity dealing with the

•Government Securities Act, 2006 and the fact that institutions like banks, insurance

•companies, mutual funds, etc. mostly deal in large amount of Government securities, it was

•felt that imprisonment related clause may be removed and fine related provision only be

•continued as any contravening individual/institution will be liable for punishment with fine

•imposed by the Court on a complaint made by the RBI.

3.108 The Committee observed that sub -section (3) of Section 30 covers all types of

•contraventions and that:

•“Instead of fine, the word ‘penalty’ will be there. It is because in the opening

•portion of sub-section 30, it is said “Contravention and penalties”. The thing is

•that penalty is to be decided by the RBI and fine is to be decided by the Court.

•We do not want that matter should go before the Court. We want that it should

•be before the RBI to decide the penalty. Our intent and object is very clear.

•Only for this p urpose, if we are compelling the aggrieved person t o go before

•the Court for fine by filing a complaint under sub -section (2), no purpose will

•be served.”

3.108A The Department submitted that this provision was kept because if somebody

•gives a wrong docu ment or statement to obtain the title of the security, then the ownership

•cannot be decided by the Regulator. In such a case, there may be a police case and court

adjudication.The Committee opined that at the preliminary stage, it can even be decided by

•the RBI and if any person is aggrieved of that they can file the appropriate petition before

•the appropriate court of law. The Committee considered that there are many other

•enactments where mens rea is there and the administrative authority is deciding the issue.

3.108B Accordingly, the provisions, as amended by the Joint Committee have been shown

•below in Tabular Form:

•343

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Government

•Securities Act,

•2006

•In section 30, in sub -section (1),

•for the words "with imprisonment

•for a term which may extend to

•six months, or with fine, or with

•both", the words "with fine" shall

•be substituted.

•In section 30,-

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

•words, “ he shall be punishable

•with imprisonment for a term

•which may extend to six months,

•or with fine, or with both”, the

•words “the Bank may impose a

•penalty not exceeding five lakh

•rupees or twice the amount

•involved in such contravention,

•where the amount is

•quantifiable, whichever is

•higher, and where such

•contravention is a continuing

•one, with a further penalty,

•which may extend to five

•thousand rupees for every day

•after first day during which the

•contravention continues ” shall

•be substituted;

•(ii) sub-section (2) shall be

omitted.

•(Recommendation No. 95)

SECTION Section 721

Untitled Section

37.Amendments proposed to The Cantonments Act, 2006

•(Sl. No. 37 of the Schedule)

3.109 The Department submitted inter alia as under during the Clause by Clause

•consideration of amendments:

•“जि पहली िैठक 9 तारीख को हुई थी तो उस समय हम लोगों ने 10 सेक्शन्स में अमेंडमेंट प्रपोज ककये

•थे, जजसमें 24 ऑफेंसेज कवर हो रहे थे। माननीय सलमत ने पााँच सेक्शन्स का जो हमारा अमेंडमेंट था,

•उस पर एग्री ककया था। उसमें 19 ऑफेंसेज कवर हो रहे थे और पााँच सेक्शन्स के ललए री -एग्जालमन

•करने के ललए कहा था। अगर आपकी अन ुमनत हो तो मैं सेक्शन िाई सेक्शन एक -एक कर के िता देती

•हूं।”

3.110 In view of the submissions made by the Department, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

•344

3.111 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Cantonments

•Act, 2006

(A)Section 156 shall be

omitted.

(B)In section 185, for sub -

•section (1), the following sub -

•section shall be substituted,

•namely:—

•"(1) No person employed in any

•essential service under a Board

•in a cantonment shall, in the

•absence of any contract, resign

•without reasonable cause or

•absent himself from duty without

•proper authorit y and in case of

•such resignation or absence from

•duty, disciplinary proceedings

•shall be initiated against him in

•accordance with such procedure

•as may be prescribed.".

(C)In section 285, for the

•word "five thousand rupees, or

•with imprisonment for a t erm

•which may extend to six months,

•or with both", the words "seven

•thousand and five hundred

•rupees" shall be substituted.

(D)In section 286, in the long

•line, for the words "two thousand

•five hundred rupees, and, in the

•case of a subsequent offence,

•with imprisonment for a term

•which may extend to three

•months, or with fine which may

•extend to five thousand rupees",

•the words "t hree thousand

•rupees, and, in the case of a

•subsequent offence with fine

(A)Section 156 shall be

omitted.

(B)In section 185, for sub -

•section (1), the following sub -

•section shall be substituted,

•namely:-

•“(1) No person employed in any

•essential service under a Board in

•a cantonment shall, in the

•absence of any contract, resign

•without reasonable cause or

•absent himself from duty without

•proper authority and in case of

•such resignation or absence from

•duty, disciplinary proceedings

•shall be initiated against him in

•accordance with such procedure

•as may be prescribed.”.

•Amendment Omitted.

(C)Section 286 shall be

omitted.

•(Recommendation No. 96)

•345

•which may extend to five

•thousand rupees" shall be

substituted.

(E)For section 287, the

•following section shall be

•substituted, namely:—

•"287. Seizure and confiscation of

•things for offences under

•sections 285 and 286. —

•Notwithstanding anything

•contained in the Code of Criminal

•Procedure, 1973 (2 of 1974), any

•police officer or excise officer

•may, without an order from a

•Judicial Magistrate, and without a

•warrant, seize and detain any

•spirituous liquor or intoxicating

•drug in respect of which an

•offence under section 285 or

SECTION Section 722

Untitled Section

•section 286 has been committed

•and any vessels or coverings in

•which the liquor or drug is

contained.

(2)Where a person accused

•of an offence under section 285

•has been previously convicted of

•an offence under that section, an

•officer in charge of a police

•station may, with the written

•permission of a Judicial

•Magistrate, seize and detain any

•spirituous liquor or intoxicating

•drug within the cantonment or

•within an y limits defined under

•that section which, at the time of

•the alleged, commission of the

•subsequent offence, belonged to,

•or was in the possession of, such

person.

(3)The court convicting a

•person of an offence under

SECTION Section 723

Untitled Section

•section 285 or section 286 may

•order t he confiscation of the

•whole or any part of anything

•seized under sub -section (1) or

•sub-section (2).

(4)Subject to the provisions

•of Chapter XXXIV of the Code of

(D)For section 287, the following

•section shall be substituted,

•namely:-

•“287. Arrest of persons , seizure

•and confiscation of things for

•offences under section 285. - (1)

•Notwithstanding anything

•contained in the Code of Criminal

•Procedure, 1973 (2 of 1974), any

•police officer or excise officer

•may, without an order from a

•Judicial Magistrate, and withou t a

•warrant, arrest any person who

•commits an offence under

SECTION Section 724

Untitled Section

•section 285, and may seize and

•detain any spirituous liquor or

•intoxicating drug in respect of

•which an offence under section

•285 has been committed and any

•vessels or coverings in which the

•liquor or drug is contained.

(2)Where a person accused of an

•offence under section 285 has

•been previously convicted of an

•offence under that section, an

•officer in charge of a police station

•may, with the written permission

•of a Judicial Magistrate, seize an d

•detain any spirituous liquor or

•intoxicating drug within the

•cantonment or within any limits

•defined under that section which,

•at the time of the alleged,

•commission of the subsequent

•offence, belonged to, or was in the

•possession of, such person.

(3)The court convicting a person

•of an offence under section 285

•may order the confiscation of the

•whole or any part of anything

•seized under sub -section (1) or

•sub-section (2).

(4)Subject to the provisions of

SECTION Section 725

Untitled Section

•Chapter XXXIV of the Code of

•Criminal Procedure , 1973 (2 of

•346

•Criminal Procedure, 1973 (2 of

•1974), anything seized under

•sub-section (1) or sub-section (2)

•and not confiscated under sub -

•section (3) shall be restored to

•the person from whom it was

taken.".

(F)In section 289, in sub -

•section (5), for the words

•"punished with fine which may

•extend to five thousand rupees or

•imprisonment which may extend

•to s ix months", the words

•"punishable, in the case of a first

•offence, with a fine which may

•extend to five thousand rupees

•and, in the case of a subsequent

•offence, with a fine which may

•extend to ten thousand rupees"

•shall be substituted.

(G)In section 300 , in sub -

•section (1), for the words

•"punishable with imprisonment

•which may extend to three

•months, or with fine which may

•extend to five thousand rupees

•and in case of subsequent

•offence shall be punishable with

•imprisonment which may extend

•to one year", the words

•"punishable with fine which may

•extend to six thousand rupees"

•shall be substituted.

(H)For section 314, the

•following section shall be

•substituted, namely:—

•"314. Arrest without warrant. —

•Any member of the police force

•employed in a cantonment may,

•without a warrant, arrest any

•person committing in his view a

•breach of the provision of clause

(a)of section 304:

•Provided that in the case of a

•breach of such provisions, no

•person shall be arrested who

•consents to give his name and

•1974) anything, seized under sub -

•section (1) or sub -section (2) and

•not confiscated under sub -section

(3)shall be restored to the person

•from whom it was taken.”.

(E)In section 289, sub-section

(5)shall be omitted.

•(Recommendation No. 97)

•Amendment Omitted

(F)In section 314, in the proviso,

•in clause (a), the words, letter

•and figures “in the case of

•breach of any such provisions

•as is specified in Part B of

•Schedule IV,” shall be omitted.

•(Recommendation No. 98)

•347

•address, unles s there is

•reasonable ground for doubting

•the accuracy of the name or

•address given, the burden of

•proof of which shall lie on the

•arresting officer, and no person

•arrested shall be detained after

•his name and address have been

ascertained.".

(I)In secti on 331, for the

•word and figures "Schedule IV",

•the words, brackets, letter and

•figures "clause (a) of section

•304" shall be substituted.

(J)In section 332, for sub -

•section (1), the following sub -

•section shall be substituted,

•namely:—

•"(1) The Chief Executive Officer

•or any person authorised by him,

•by general or special order in this

•behalf, may, either before or after

•the institution of the proceedings,

•compound an offence, made

•punishable by or under this Act

•other than an offence under

SECTION Section 726

Untitled Section

•clause (a) of section 304:

•Provided that no offence shall be

•compoundable which is

•committed by failure to comply

•with a notice, order or requisition

•issued by or on behalf of the

•Chief Executive Officer, unless

•and until the same has been

•complied with in so far as

•compliance is possible.".

(K)Schedule IV shall be omitted.

•Amendment Omitted

(G)For SCHEDULE IV, the

•following SCHEDULE shall be

•substituted, namely:-

•“SCHEDULE IV

•(See section 314)

•Section Subject

•183(1) Remaining in, or re -

•entering,

•348

•cantonment after

•notice of expulsion

•for failure to attend

•hospital or

dispensary.

•296 Discharging fire -

•arms, etc., so as to

•cause danger.

•300 Loitering or

•importuning for

•sexual immorality.

•304(a) Remaining in, or

•returning to, a

•cantonment after

•notice of

expulsion.”

•(Recommendation No. 99)

SECTION Section 727

Untitled Section

38.Amendments proposed to The Payment and Settlement Systems Act, 2007

•(Sl. No. 38 of the Schedule)

3.112 The Department submitted inter alia as under:-

•“......there is Section 30 of the Payment and Settlement Systems Act. It is on page 22.

•In this, the marginal heading was given wrongly. It read: “Power of Reserve Bank to

•impose fines.” So, that marginal heading we have changed.....”

3.113 In view of the submissions made by the Department, the Committee agreed to the

•amendments proposed to the Act by the Bill, as introduced. The Committee also desired

•that marginal heading to Section 30 may also be modified.

3.114 Accordingly, the provision, as amended, has been shown below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Payment and

•Settlement

•Systems Act, 2007

•xxx xxx xxx

•349

(B)In section 30, in sub -

•section (1),—

(i)after the word, brackets

•and figure "sub -section (2)", the

•words, brackets and figure "or

•sub-section (3)" shall be

•inserted;

•(ii) for the words "five lakh",

•the words "ten lakh" shall be

substituted.

(B)In section 30,-

(a)in the marginal heading, for

•the word, “fines”, the word

•“penalties” shall be

•substituted;

(b)in sub-section (1)-

(i)after the word, brackets

•and figure, “sub -section

(2)”, the words, brackets

•and figure “or sub -section

(3)” shall be inserted;

•(ii) for the words “five lakh”,

•the words “ten lakh” shall

•be substituted.

•(Recommendation No. 100)

SECTION Section 728

Untitled Section

39.Amendments proposed to The Collection of Statistics Act, 2008

•(Sl. No. 39 of the Schedule)

3.115 On Sections 16, 17, 18, 19, 20, 21 and 22, the Ministry submitted, inter alia, as

•under:-

•“They have been omitted to facilitate ease of doing business and reduce the

•compliance burden.”

3.116 In view of the submissions made by the Ministry, the Committee decided that

•amendments proposed by the Committee may be incorporated in the Bill.

3.117 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Collection of

•Statistics Act,

•2008

(A)In section 15, for sub -

•section (1), the following sub -

•section shall be substituted,

•namely:—

(A)In section 9, for the word

•“prosecution” at both the

•places where it occurs, the

•word “penalt y” shall be

•350

•"(1) Whoever, acts in

•contravention of or fails to

•produce any books of account,

•vouchers, documents or other

•business records or whoever

•neglects or refuses to fill in and

•supply the particulars required in

•any information schedule or

•return given or sent to him or

•whoever neglects or refuses to

•answer any question or inquiry

•addressed to him as may be

•required under or for the

•purposes of any provision of this

•Act and the rules made

•thereunder, shall be punishable

•with a fine which may extend to

•one thousand rupees or, in the

•case of a company, with a fine

•which may extend to five

•thousand rupees.".

(B)Sections 16 to 22 shall be

omitted.

substituted.

•(Recommendation No. 100)

(A)For CHAPTER IV, the

•following CHAPTER shall be

•substituted, namely:-

•“CHAPTER IV

•PENALTIES AND

•ADJUDICATION

SECTION Section 729

Untitled Section

15.Penalty for neglect or

•refusal to supply particulars

•and other contraventions.- (1)

•Whoever fails to produce any

•books of account, vouchers,

•documents or other business

•records or whoever neglects or

•refuses to fill in and supply the

•particulars required in any

•information schedule or return

•given or sent to him or whoever

•neglects or refuses to answer any

•question or inquiry addressed to

•him as may be required under or

•for the purposes of any provision

•of this Act or whoever acts in

•contravention or fails to

•comply with any provision of

•this Act or any rules made

•thereunder or any require ment

•imposed under this Act, shall

•be liable to penalty which may

•extend to one thousand rupees,

•and in the case of a company,

•with a penalty which may extend

•to one lakh rupees.

(2)The imposition of penalty

•on a person or company shall

•not relieve him or it of the

•obligations under sub -section

(1), and if after the expiry of

•fourteen days from the date of

•imposition of penalty, he or it

•still fails to give the required

•particulars or continues to

•neglect or refuse or contravene

•any provision of this Act or any

•351

•rules made thereunder or any

•requirement imposed under

•this Act, shall be liable to a

•further penalty which may

•extend to one thousand

•rupees, and in the case of a

•company, to a further penalty

•which may extend to five

•thousand rupees, for each day

•after the first during which the

•neglect, refusal or

•contravention continues.

15A.Adjudicating officer. - (1)

•The appropriate Government

•may, for the purposes of

•determining the penal ties

•under section 15, appoint an

•officer as it may deem fit, to be

•adjudicating officer to hold an

•inquiry in the manner, as may

•be prescribed and to impose

•penalty:

•Provided that the appropriate

•Government may appoint as

•many adjudicating officers as

•may be required.

(2)The adjudicating officer may

•summon and enforce the

•attendance of any person

•acquainted with the facts and

•circumstances of the case to

•give evidence or to produce

•any document, which in the

•opinion of the adjudicating

•officer, may be useful for, or

•relevant to, the subject -matter

•of the inquiry and if, on such

•inquiry, he is satisfied that the

•person concerned has failed to

•comply with the provisions of

•this Act, he may impose

•penalty:

•Provided that no such

•penalty shall be i mposed

•without giving the parties

•concerned a reasonable

•352

•opportunity of being heard.

15B.Appeal. - (1) Whoever

•aggrieved by the order passed

•by the adjudicating officer

•under this Act, may prefer an

•appeal to the appellate

•authority, above the rank of the

•adjudicating officer, authorised

•by the appropriate

•Government, within thirty days

•from the date of receipt of

•order in such form and manner

•as may be prescribed.

(2)An appeal may be admitted

•after the expiry of the period of

•thirty days if the appellant

•satisfies the appellate authority

•that he had sufficient cause for

•not preferring the appeal within

•that period.

(3)The appellate authority may,

•after giving the parties to the

•appeal an opportunity of being

•heard, pass such order as he

•may think fit.

(4)The appellate authority

•referred to in sub -section (1)

•shall dispose of the appeal

•within sixty days from the date

•of filing the appeal.

15C.Recovery. -

•Notwithstanding anything

•contained in this Act, if penalty

•imposed under this Act, is not

•deposited, the amount shall be

•recovered as an arrear of land

revenue.".

(B)In section 33, in sub -

•section (2), after clause (da),

•the following clauses shall be

•inserted, namely:-

•“(db) the manner of

•imposing penalty under

•sub-section (1) of section

•15A;

•353

•(dc) the form and manner of

•preferring appeal under

•sub-section (1) of section

•15B;”.

•(Recommendation No. 101)

SECTION Section 73

Untitled Section

23.The Spices Board Act, 1986

SECTION Section 730

Untitled Section

40.Amendments proposed to The Legal Metrology Act, 2009

•(Sl. No. 40 of the Schedule)

3.118 The Department submitted inter alia as under during the Clause by Clause

•consideration of amendments:

•“हम लोगों का वपछली िार जो प्रस्ट्ताव था, उसमें सेक्शन-25 में हम लोगों ने उसको फाइव टाइम्स

•करके 1 लाख 25 हजार रुपये ककया था। कमेटी का सजेशन था कक उसको राउंड अप करके एक लाख

•रुपये कर ददया जाए तो उसको हमने एक्सेप्ट कर ललया है।……..िस इतना ही था। िाकी सि वपछली

•िार एक्सेप्ट कर ललया गया था। जैसे सेक्शन 27 था। इसी प्रकार से सेक्शन 28, 29, 31 और 34 है।”

3.119 In view of the submissions made by the Department, the Committee agreed to the

•amendments proposed to the Act by the Bill, as introduced, subject to modification in

•penalties, as recommended by them.

3.120 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Legal

•Metrology Act,

•2009

(A)In section 25, for the

•words "twenty -five thousand

•rupees and for the second or

•subsequent offence, with

•imprisonment for a term which

•may extend to six months and

•also with fine", the words "one

•lakh twenty-five thousand rupees

•and for the second offence with

•fine which may exten d to two

•lakh fifty thousand rupees and

(A)In section 25, for the words

•“twenty-five thousand rupees and

•for the second or subsequent

•offence, with imprisonment for a

•term which may extend to six

•months and also with fine”, the

•words “one lakh rupees and for

•the second offence with fine

•which may extend to two lakh

•rupees and f or the third and

•354

•for the third and subsequent

•offence, with fine which may

•extend to five lakh rupees" shall

•be substituted.

•xxx xxx xxx

•subsequent offence, with fine

•which may extend to five lakh

•rupees” shall be substituted.

•(Recommendation No.102)

•xxx xxx xxx

SECTION Section 731

Untitled Section

41.Amendments proposed to The Factoring Regulation Act, 2011

•(Sl. No. 41 of the Schedule)

3.121 While agreeing to the amendments proposed to the Act by the Bill, as introduced, the

•Committee suggested that in Section 22, the word “offence” be replaced by word “failure”.

3.122 Accordingly, the provision, as amended, by the Joint Committee has been shown

•below in Tabular form:

•Title Amendments proposed to the

•Act in the Bill as introduced in

•Lok Sabha

•Format after incorporating

•amendments adopted by the

•Committee

•The Factoring

•Regulation Act,

•2011

•xxx xxx xxx

SECTION Section 732

Untitled Section

22.Penalties for non -compliance

•of direction by Reserve Bank. —

(1)If any factor fails to comply

•with any direction issued by the

•Reserve Bank under section 6,

•or fails in filing the particulars of

•any transaction of receivables

•and realisation of receivables

•under section 19, the Reserve

•Bank may imp ose a penalty

•which may extend to five lakh

•rupees and in the case of a

•continuing offence, with an

•additional penalty which may

•extend to ten thousand rupees

•for every day during which the

•default continues.

•xxx xxx xxx

SECTION Section 733

Untitled Section

22.Penalties for non -compliance

•of direction by Reserve Bank. - (1)

•If any factor fails to comply with

•any direction issued by the

•Reserve Bank under section 6, or

•fails in filing the particulars of any

•transaction of receivables and

•realisation of receivables under

SECTION Section 734

Untitled Section

•section 19 , the Reserve Bank

•may impose a penalty which may

•extend to five lakh rupees and in

•the case of a continuing failure,

•with an additional penalty which

•may extend to ten thousand

•rupees for every day during which

•the default continues.

•(Recommendation No. 103 )

•xxx xxx xxx

•355

SECTION Section 735

Untitled Section

42.Amendments proposed to The Aadhaar (Targeted Delivery of Financial and

•Other Subsidies, Benefits and Services) Act, 2016

•(Sl. No. 42 of the Schedule)

3.123 The Ministry submitted that the provisions in Section 41 of the Aadhaar (Targeted

•Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 is in alignment

•with the DPDP Bill provisions and that there is no conflict with the provisions of the DPDP

Bill.In view of the submissions made by the Ministry, the Committee after deliberating on

•the amendment proposed in the Bill to the Aadhaar (Targeted De livery of Financial and

•Other Subsidies, Benefits and Services) Act, 2016 decided to accept the amendments

•proposed by the Ministry at Sr. No. 42 of the Schedule of the Bill.

3.124 Drafting corrections/improvement:

•The Committee during the course of del iberations noted certain drafting errors in a

•number of Clauses/Sections where drafting correction/language improvement was required

•for the purpose of clarity. Accordingly, the following drafting corrections /improvements in the

•Jan Vishwas (Amendment of Provisions) Bill, 2022, as introduced, are suggested by the

•Committee:

Sl.No. Serial No of the

•Schedule and Name of

•the Act

•Drafting corrections/improvement

SECTION Section 736

Untitled Section

1.Sl. No. 11

•(The Cinematograph Act,

•1952)

(i)Page 11, Line 19

•Omit "a" before the word ''penalty''

•(ii) Page 11, Line 45

•Omit "a" before the word ''penalty''

SECTION Section 737

Untitled Section

2.Sl. No. 19

•(The Marine Products

•Export Development

•Authority Act, 1972)

(i)Page 20, Lines 23-24

•Omit 'the'' before the word "discharge" in the

•marginal heading to proposed Section 24

•(ii) Page 20, Line 45

•Omit ''pay" before the word "penalty

•356

•(iii) Page 21, Line 01

•Omit 'pay a' before the word "penalty"

SECTION Section 738

Untitled Section

3.Sl. No. 21

•(The Air (Prevention and

•Control of Pollution) Act,

•1981)

(i)Page 22, Line 20

•Omit "or non -compliance" after the word

•"contravention"

•(ii) Page 22, Line 21

•Omit "pay" before the word "penalty''

•(iii) Page 22, Line 25

•Omit "or non -compliance" after the word

•"contravention”

•(iv) Page 22, Line 26

•Omit ''pay an" after the words ''liable to''

(v)Page 23, Line 14

•Omit ''pay'' after the words ''liable to''

•(vi) Page 23, Line 18

•Omit "or non -compliance'' after the word

•''contravention''

•(vii) Page 23, Line 19

•Omit ''pay an'' after the words ''liable to''

•(viii) Page 23, Line 29

•Omit ''pay the'' before the word ''penalty''

•(ix) Page 23, Line 41

•Omit "'pay the'' before the word "penalty"

(x)Page 24, Line 02

•Omit ''pay the" before the word ''penalty''

•(xi) Page 24, Line 06

•Omit ''pay an'' before the word ''additional''

•(xii) Page 24, Line 32

•For "in accordance with'', substitute ''under''

•(xiii) Page 24, Line 36

•Omit "an" before the word ''opportunity''

•(xiv) Page 24, Lines 36-37

•Omit ''in the matter'' after the word ''heard''

SECTION Section 739

Untitled Section

4.Sl. No. 22

•(The National Bank for

•Page 27, Line 16

•Omit ''pay a'' before the word ''penalty''

•357

•Agriculture and Rural

•Development Act, 1981)

SECTION Section 74

Untitled Section

24.The Environment (Protection) Act, 1986

SECTION Section 740

Untitled Section

5.Sl. No. 24

•(The Environment

•(Protection) Act, 1986)

(i)Page 29, Line 30

•Omit ''pay the'' before the word ''penalty''

•(ii) Page 29, Lines 31-32

•Omit ''or non -compliance'' after the word

•''contravention''

•(iii) Page 29, Line 37,

•Omit "pay an' before the word "penalty"

•(iv) Page 29, Line 47

•Omit ''pay'' before the word ''penalty''

(v)Page 29, Line 48

•Omit ''or non -compliance'' after the word

•''contravention''

•(vi) Page 30, Line 02

•Omit ''or non -compliance'' after the word

•''contravention''

•(vii) Page 30, Line 03

•Omit ''pay an'' before the word ''additional''

•(viii) Page 30, Line 16

•Omit ''pay the'' before the word ''penalty''

•(ix) Page 30, Lines 17-18

•Omit ''or non -compliance'' after the word

•''contravention''

(x)Page 30, Line 22

•Omit ''or non -compliance'' after the word

•''contravention''

•(xi) Page 30, Line 23

•Omit ''pay an'' after the words ''liable to''

•(xii) Page 30, Line 30

•Omit ''pay the'' after the words ''liable to''

•(xiii) Page 30, Line 35

•Omit ''or non -compliance'' after the word

•''contravention''

•(xiv) Page 30, Line 37

•Omit ''pay an'' before the word '' additional''

•358

•(xv) Page 30, Line 46

•Omit ''pay the'' before the word ''penalty''

•(xvi) Page 31, Line 07

•Omit ''pay the'' before the word ''penalty''

•(xvii) Page 32, Line 20

•Omit ''any'' before the word ''such''

•(xviii) Page 34, after Line 10

•Insert '' (E) After Chapter III, the following

SECTION Section 741

Untitled Section

•Chapter shall be inserted, namely: - ''

SECTION Section 742

Untitled Section

6.Sl. No. 26

•(The Motor Vehicles Act,

•1988)

(i)Page No 39, Lines 05-08

•Omit ' (i) for the marginal heading, the following

•marginal heading shall be substituted, namely:-

•"Compounding of offences'' '

•(ii) Page 39, Lines 21-22

•Omit ' to the extent of use of handheld

•communication devices'' after the words

•'section 184'

SECTION Section 743

Untitled Section

7.Sl. No. 28

•(The Public Liability

•Insurance Act, 1991)

(i)Page 43, Line 01

•Omit ''pay the'' before the word ''penalty''

•(ii) Page 43, Line 17

•Omit ''pay a'' before the word ''penalty"

•(iii) Page 43, Line 23

•Omit ''pay an'' before the word ''additional''

•(iv) Page 43, Line 33

•Omit ''pay'' before the word ''penalty''

(v)Page 43, Line 39

•Omit ''pay an'' before the word ''additional''

•(vi) Page 44, Lines 19-20

•For "'in accordance with'', substitute ''under''

•(vii) Page 44, Line 23

•Omit ''an'' before the word ''opportunity''

•(viii) Page 44, Line 24

•Omit ''in the matter'' after the word ''heard''

•359

•(ix) Page 44, Line 27

•For ''sections 14 or 15'', substitute ''section

•15A''

(x)Page 45, Line 09

•Omit ''pay the'' before the word ''penalty''

•(xi) Page 45, Line 21

•Omit ''pay the'' before the word ''penalty''

SECTION Section 744

Untitled Section

8.Sl. No. 30

•(The Trade Marks Act,

•1999)

•Page 48, Line 38

•Omit ''pay a'' before the word ''penalty''

SECTION Section 745

Untitled Section

9.Sl. No.32

•(The Information

•Technology Act, 2000)

(i)Page 50, Line 08

•Omit ''pay'' before the word ''penalty''

•(ii) Page 50, Line 42

•Omit ''pay'' before the word ''penalty''

•(iii) Page 50, Line 48

•Omit ''pay'' before the word ''penalty''

•(iv) Page 51, Line 19

•Omit ''pay'' before the word ''penalty''

SECTION Section 746

Untitled Section

10.Sl. No. 33

•(The Metro Railways

•(Operation and

•Maintenance) Act, 2002)

•Page 51, Lines 22-23

•Omit ' (a) in clause (h), the word ''and "

•occurring at the end shall be omitted '

SECTION Section 747

Untitled Section

11.Sl. No. 34

•(The Prevention of Money-

•laundering Act, 2002)

(i)Page 52, Line 41

•For ''Description'', substitute "Description of

•offences''

•(ii) Page 53, Line 08

•For ''Description'', substitute ''Description of

•offence''

•(Recommendation No. 104)

•360

•CONSIDERATION OF CLAUSE 1 TO 4, ENACTING FORMULA AND LONG TITLE

•During consideration of Clause Nos. 1 to 4, Enacting Formula and Long Title of the

•Bill, the Committee noted that the calendar year and the year of republic require amendment

•as the Jan Vishwas (Amendment of Provisions) Bill, 2022 was introduced in the yea r 2022.

•Also Clause 4 require amendment due to recommendation regarding proposed repeal of the

•High Denomination Bank Notes (Demonetisation) Act, 1978, by the Committee. Clauses 2

•and 3 were adopted by the Committee without any change. However, Clauses 1, 4,

•Enacting Formula and Long Title, as amended by the Joint Committee, have been

•reproduced in Tabular form as below:

SECTION Section 748

Untitled Section

•Clause No. Clause as in the Bill, as

•introduced

SECTION Section 749

Untitled Section

•Clause as modified by the

•Committee

•THE JAN VISHWAS

•(AMENDMENT OF

•PROVISIONS) BILL, 2022

•THE JAN VISHWAS (AMENDMENT

•OF PROVISIONS) BILL, 2023

•A

•BILL

•A

•BILL

•to amend certain enactments for

•decriminalising and rationalising

•minor offences to further enhance

•trust-based governance for ease

•of living and doing business

•to amend certain enactments for

•decriminalising and rationalising

•offences to further enhance trust -

•based governance for ease of living

•and doing business.

•BE it enacted by Parliament in the

•Seventy-third Year of the

•Republic of India as follows:—

•BE it enacted by Parliament in the

•Seventy-fourth Year of the Republic

•of India as follows:

SECTION Section 75

Untitled Section

25.The National Housing Bank Act, 1987

SECTION Section 750

Untitled Section

1.

•Short title and

•commencement

SECTION Section 751

Untitled Section

1.(1) This Act may be called the

•Jan Vishwas (Amendment of

•Provisions) Act, 2022.

SECTION Section 752

Untitled Section

2.It shall come into force on such

•date as the Central Government

•may, by notification in the Official

•Gazette, appoint; and different

•dates may be appointed for

•amendments relating to different

•enactments mentioned in the

SECTION Section 753

Untitled Section

1.(1) This Act may be called the

•Jan Vishwas (Amendment of

•Provisions) Act, 2023.

(2)It shall come into force on such

•date as the Central Government

•may, by notification in the Official

•Gazette, appoint; and different dates

•may be appointed for amendments

•relating to different enactments

•mentioned in the Schedule.

•361

•Schedule to this Act.

SECTION Section 754

Untitled Section

•Clause 4.

•Savings

SECTION Section 755

Untitled Section

4.The amendment by this Act of

•any enactment shall not affect any

•other enactment in which the

•amended enactment has been

•applied, incorporated or referred

•to;

•and this Act shall not affect the

•validity, invalidity, effect or

•consequences of anything already

•done or suffered, or any right, title,

•obligation or liability already

•acquired, accrued or incurred or

•any remedy or proceeding in

•respect thereof, or any release or

•discharge of, or from any debt,

•penalty, obligation, liability, claim or

•demand, or any indemnity already

•granted, or the proof of any past

•act or thing;

•nor shall this Act affect any principle

•or rule of law, or established

•jurisdiction, form or course of

•pleading, practice or procedure, or

•existing usage, custom, privilege,

•restriction, exemption, office or

•appointment, notwithstanding that

•the same respectively may have

•been in any manner affirmed, or

•recognised or derived by, in or

•from any enactment hereby

•amended;

•nor shall the amendment by this

•Act of any enactment revive or

•restore any jurisdiction, office,

•custom, liability, right, title, privilege,

•restriction, exemption, usage,

•practice, procedure or other matter

•or thing not now existing or in

force.

SECTION Section 756

Untitled Section

4.The amendment or repeal by

•this Act of any enactment shall not

•affect any other enactment in which

•the amended or repealed

•enactment has been applied,

•incorporated or referred to;

•and this Act shall not affect the

•validity, invalidity, effect or

•consequences of anything already

•done or suffered, or any right, title,

•obligation or liability already

•acquired, accrued or incurred or any

•remedy or proceeding in respect

•thereof, or any release or discharge

•of, or from any debt, penalty,

•obligation, liability, claim or demand,

•or any indemnity already granted, or

•the proof of any past act or thing;

•nor shall this Act affect any principle

•or rule of law, or established

•jurisdiction, form or course of

•pleading, practice or procedure, or

•existing usage, custom, privilege,

•restriction, exemption, office or

•appointment, notwithstanding that

•the same respectively may have

•been in any manner affirmed, or

•recognised or derived by, in or from

•any enactment hereby amended or

•repealed;

•nor shall the amendment or repeal

•by this Act of any enactment revive

•or restore any jurisdiction, office,

•custom, liability, right, title, privilege,

•restriction, exemption, usage,

•practice, procedure or other matter

•or thing not now existing or in force.

•362

•The Joint Committee, therefore, recommend that the Bill, as amended, after inclusion

•of suggestions/recommendations made by the Committee be passed and the General

•Recommendations may be examined and implemented, if legally feasible, in due course.

•(Recommendation No.105)

P.P. CHAUDHARY

•CHAIRPERSON,

•NEW DELHI JOINT COMMITTEE ON

•13 MARCH, 2023 THE JAN VISHWAS

•22 PHALGUNA, 1944 (SAKA) (AMENDMENT OF PROVISIONS) BILL, 2022

•363

•Appendix - I

•LOK SABHA

•Thursday, December 22, 2022 / Pausha 1, 1944 (Saka)

•MOTION IN LOK SABHA FOR REFERENCE OF THE BILL TO THE JOINT

•COMMITTEE

•SHRI PIYUSH GOYAL moved the following Motion:

•"That the Bill to amend certain enactments for decriminalising and rationalising

•minor offences to further enhance trust -based governance for ease of living and doing

•business be referred to a Joint Committee of the Houses consisting of the following

•21 Members from this House:-

SECTION Section 757

Untitled Section

1.Shri P.P. Chaudhary

SECTION Section 758

Untitled Section

2.Dr. Sanjay Jaiswal

SECTION Section 759

Untitled Section

3.Shri Uday Pratap Singh

SECTION Section 76

Untitled Section

26.The Motor Vehicles Act, 1988

SECTION Section 760

Untitled Section

4.Shri Sanjay Seth

SECTION Section 761

Untitled Section

5.Smt. Queen Oja

SECTION Section 762

Untitled Section

6.Shri Khagen Murmu

SECTION Section 763

Untitled Section

7.Smt. Poonamben Hematbhai Maadam

SECTION Section 764

Untitled Section

8.Smt. Poonam Pramod Mahajan

SECTION Section 765

Untitled Section

9.Smt. Aparajita Sarangi

SECTION Section 766

Untitled Section

10.Shri Arvind Dharmapuri

SECTION Section 767

Untitled Section

11.Shri Rajendra Agrawal

SECTION Section 768

Untitled Section

12.Shri Rattan Lal Kataria

SECTION Section 769

Untitled Section

13.Shri Gaurav Gogoi

SECTION Section 77

Untitled Section

27.The Railways Act, 1989

SECTION Section 770

Untitled Section

14.Adv. Dean Kuriakose

SECTION Section 771

Untitled Section

15.Shri A. Raja

SECTION Section 772

Untitled Section

16.Prof. Sougata Ray

•364

SECTION Section 773

Untitled Section

17.Dr. Venkata Satyavathi Beesetti

SECTION Section 774

Untitled Section

18.Shri Gajanan Chandrakant Kirtikar

SECTION Section 775

Untitled Section

19.Shri Rajiv Ranjan Alias Lalan Singh

SECTION Section 776

Untitled Section

20.Shri Pinaki Misra

SECTION Section 777

Untitled Section

21.Shri Girish Chandra

•and 10 Members from the Rajya Sabha;

•that in order to constitute a sitting of the Joint Committee the quorum shall be one -

•third of the total number of Members of the Joint Committee;

•that the Committee shall make a report to this House by the last day of the first week

•of second part of the Budget Session, 2023;

•that in other respects the Rules of Procedure of this House relating to Parliamentary

•Committee shall apply with such variations and modifications as the Speaker may make;

•and

•that this House recommends to Rajya Sabha that Rajya Sabha do join the said Joint

•Committee and communicate to this House the names of the Members to be appointed

•by Rajya Sabha to the Joint Committee.”

•The motion regarding reference was adopted.''

•365

•Appendix - II

•RAJYA SABHA

•Friday, December 23, 2022/Pausha 2, 1944 (Saka)

•MOTION FOR NOMINATION TO THE JOINT COMMITTEE ON THE JAN VISHWAS

•(AMENDMENT OF PROVISIONS) BILL, 2022

•THE LEADER OF THE HOUSE (SHRI PIYUSH GOYAL) moved the following Motion:

•"That this House concurs in the recommendation of the Lok Sabha that this

•House do join in the Joint Committee of the Houses on the Jan Vishwas (Amendment of

•Provisions) Bill, 2022 and resolves that the following Members of the Rajya Sabha be

•nominated to serve on the said Joint Committee:-

SECTION Section 778

Untitled Section

1.Shri Ghanshyam Tiwari

SECTION Section 779

Untitled Section

2.Shri G.V.L. Narasimha Rao

SECTION Section 78

Untitled Section

28.The Public Liability Insurance Act, 1991

SECTION Section 780

Untitled Section

3.Shri Mahesh Jethmalani

SECTION Section 781

Untitled Section

4.Dr. Radha Mohan Das Agrawal

SECTION Section 782

Untitled Section

5.Shri Vivek K. Tankha

SECTION Section 783

Untitled Section

6.Shri Sukhendu Sekhar Ray

SECTION Section 784

Untitled Section

7.Dr. Kanimozhi NVN Somu

SECTION Section 785

Untitled Section

8.Shri Narain Dass Gupta

SECTION Section 786

Untitled Section

9.Shri Sujeet Kumar

SECTION Section 787

Untitled Section

10.Shri Masthan Rao Beeda."

•(The motion was adopted)

•[ Message was reported in Lok Sabha Bulletin Part II dated December 26, 2022 ]

•366

•Appendix - III

•Details of the sittings of the Joint Committee on the Jan Vishwas (Amendment of

•Provisions) Bill, 2022

•Sl No. Sitting No. Date & Day Agenda

SECTION Section 788

Untitled Section

1.1st. 09 January,

•2023

•(Monday)

•Briefing by the representatives of the Ministry of

•Commerce and Industry (Department for

•Promotion of Industry and Internal Trade) on the

•overall Bill and the Objectives and Purpose of the

•said Bill. The Representatives of the Ministry of

•Law and Justice (Legislative Department and

•Department of Legal Affairs) also remain ed

•present in the meeting.

SECTION Section 789

Untitled Section

2.2nd. 16 January,

•2023

•(Monday)

•Briefing/Oral Evidence of the representatives of

•the (i) Ministry of Electronics and Information

•Technology w.r.t. Sl. Nos. 32 and 42 of the

•Schedule to the Bill; (ii) Ministry of Agriculture &

•Farmers Welfare (Department of Agriculture &

•Farmers Welfare) w.r.t. SI. No. 5 of the Schedule

•to the Bill and (ii) Ministry of Consumer Affairs

•Food and Public Distribution (Department of Food

•and Public Distribution) w.r.t. Sl. Nos. 16 and 17

•of the Schedule to the Bi ll on the Jan Vishwas

•(Amendment of Provisions) Bill, 2022. The

•Representatives of the Ministries of Commerce

•and Industry and Law and Justice (Legislative

•Department and Department of Legal Affairs) also

•remained present in the meeting.

SECTION Section 79

Untitled Section

29.The Cable Television Networks (Regulation) Act, 1995

SECTION Section 790

Untitled Section

3.3rd. 17 January,

•2023

•(Tuesday)

•Briefing/Oral Evidence of the representatives of

•the (i) Ministry of Environment, Forest and Climate

•Change w.r.t SI. Nos. 4, 21, 24 and 28 of the

•Schedule to the Bill; and (ii) Ministry of Housing &

•Urban Affairs w.r.t. SI. No. 33 of the Schedule to

•367

•the J an Vishwas (Amendment of Provisions) Bill,

SECTION Section 791

Untitled Section

2022.The representatives of the Ministries of

•Commerce and Industry and Law and Justice

•(Legislative Department and Department of Legal

•Affairs) also remained present in the meeting

SECTION Section 792

Untitled Section

4.4th. 31 January,

•2023

•(Tuesday)

•Briefing/Oral Evidence of the representatives of

•the Ministry of Commerce and Industry - (i)

•Department for Promotion of Industry & Internal

•Trade and (ii) Department of Commerce w.r.t. the

•Acts pertaining to them being amended by the

Ministries.The Repr esentatives of the Ministry of

•Law and Justice (Legislative Department and

•Department of Legal Affairs) also remain ed

•present in the meeting.

SECTION Section 793

Untitled Section

5.5th. 06 February,

•2023 (Monday)

•Briefing/Oral Evidence of the representatives of

•the Ministry of Finance- (i) Department of Financial

•Services (ii) Department of Economic Affairs and

•(iii) Department of Revenue on amendments

•proposed in the Bill related to them. The

•Representatives of the Ministries of Commerce

•and Industry and Law and Justice (Legislative

•Department and Department of Legal Affairs) also

•remained present in the meeting.

SECTION Section 794

Untitled Section

6.6th. 07 February,

•2023

•(Tuesday)

•Briefing/Oral Evidence of the representatives of (i)

•the Ministry of Health & Family Welfare,

•Department of Health & Family Welfare (ii) the

•Ministry of Railways and (iii) the Ministry of Road

•Transport & Highways. The Representatives of the

•Ministries of Commerce and Industry and Law and

•Justice (Legislative Department and Department of

•Legal Affairs) also remain ed present in the

meeting.

•368

SECTION Section 795

Untitled Section

7.7th. 09 February,

•2023 (Thursday)

•Briefing/Oral Evidence of the representatives of (i)

•the Ministry of Information & Broadcasting (ii) the

•Ministry of Statistics & Programme Implementation

•(iii) Department of Posts (Ministry of

•Communications), (iv) Department of Consumer

•Affairs, (Ministry of Consumer Affairs, Food &

•Public Distribution), (v) Department of Defence,

•(Ministry of Defence), and (vi) the Ministry of Ports,

•Shipping & Waterways . The Representatives of

•the Ministries of Commerce and Industry and Law

•and Justice (Legislative Department and

•Department of Legal Affairs) also remain ed

•present in the meeting.

SECTION Section 796

Untitled Section

8.8th. 16 February,

•2023 (Thursday)

SECTION Section 797

Untitled Section

•Clause by Clause consideration of the Jan

•Vishwas (Amendment of Provisions) Bill, 2022.

•The representatives of the following

•Ministries/Departments deposed before the

•Committee for their respective Acts:

i.Department for Promotion of Industry and

•Internal Trade (Ministry of Commerce and

•Industry)

ii.Department of Commerce (Ministry of Commerce

•and Industry)

iii.Department of Consumer Affairs (Ministry of

•Consumer Affairs, Food and Public Distribution)

iv.Department of Economic Affairs (Ministry of

•Finance)

v.Department of Financial Services (Ministry of

•Finance)

vi.Ministry of Railway

vii.Department of Food & Public Distribution

•(Ministry of Consumer Affairs, Food & Public

•Distribution)

•369

viii.Department of Health & Family Welfare

•(Ministry of Health & Family Welfare)

ix.Department of Posts (Ministry of

•Communications)

•The Representatives of the Ministries of Commerce

•and Industry and Law and Justice (Legislative

•Department and Department of Legal Affairs) also

•remained present in the meeting.

SECTION Section 798

Untitled Section

9.9th. 17 February,

•2023 (Friday)

SECTION Section 799

Untitled Section

•Clause by Clause consideration of the Jan

•Vishwas (Amendment of Provisions) Bill, 2022.

•The representatives of the following

•Ministries/Departments deposed before the

•Committee for their respective Acts:

i.Department of Agriculture, & Farmers Welfare

•(Ministry of Agriculture & Farmers Welfare)

ii.Ministry of Information & Broadcasting

iii.Ministry of Ports, Shipping & Waterways

iv.Department of Revenue (Ministry of Finance)

v.Ministry of Electronics and Information

•Technology

vi.Ministry of Environment, Forest and Climate

•Change

vii.Ministry of Housing and Urban Affairs

viii.Ministry of Road Transport & Highways

ix.Ministry of Statistics and Program

•Implementation

x.Department of Defence (Ministry of Defence)

•The Representatives of the Ministries of Commerce

•and Industry and Law and Justice (Legislative

•370

•Department and Department of Legal Affairs) also

•remained present in the meeting.

SECTION Section 8

Untitled Section

5.Smt. Queen Oja

SECTION Section 80

Untitled Section

30.The Trade Marks Act, 1999

SECTION Section 800

Untitled Section

10.10th. 13 March 2023 Consideration and Adoption of the Draft Report of

•the Joint Committee on the Jan Vishwas

•(Amendment of Provisions) Bill, 2022

•371

•Appendix - IV

•LIST OF OFFICIAL WITNESSES WHO TENDERED ORAL EVIDENCE BEFORE THE

•COMMITTEE

Sl.No. Name of Ministries/Departments Date of Oral Evidence

SECTION Section 801

Untitled Section

1.Department for Promotion of Industry and

•Internal Trade of the Ministry of Commerce &

•Industry

09.01.2023

SECTION Section 802

Untitled Section

2.Legislative Department of the Ministry of Law

•and Justice

09.01.2023

SECTION Section 803

Untitled Section

3.Department of Legal Affairs of the Ministry of

•Law and Justice

09.01.2023

SECTION Section 804

Untitled Section

4.Ministry of Electronics and Information

•Technology

16.01.2023

SECTION Section 805

Untitled Section

5.Department of Agriculture & Farmers Welfare of

•the Ministry of Agriculture & Farmers Welfare

16.01.2023

SECTION Section 806

Untitled Section

6.Department of Food & Public Distribution of the

•Ministry of Consumer Affairs, Food & Public

•Distribution

16.1.2023

SECTION Section 807

Untitled Section

7.Department for Promotion of Industry and

•Internal Trade of the Ministry of Commerce &

•Industry

16.01.2023

SECTION Section 808

Untitled Section

8.Legislative Department of the Ministry of Law

•and Justice

16.01.2023

SECTION Section 809

Untitled Section

9.Department of Legal Affairs of the Ministry of

•Law and Justice

16.01.2023

SECTION Section 81

Untitled Section

31.The Geographical Indications of Goods (Registration and Protection) Act, 1999

SECTION Section 810

Untitled Section

10.Ministry of Environment, Forest and Climate

•Change

17.01.2023

SECTION Section 811

Untitled Section

11.Ministry of Housing & Urban Affairs 17.01.2023

SECTION Section 812

Untitled Section

12.Department for Promotion of Industry and 17.01.2023

•372

•Internal Trade of the Ministry of Commerce &

•Industry

SECTION Section 813

Untitled Section

13.Legislative Department of the Ministry of Law

•and Justice

17.01.2023

SECTION Section 814

Untitled Section

14.Department of Legal Affairs of the Ministry of

•Law and Justice

17.01.2023

SECTION Section 815

Untitled Section

15.Department for Promotion of Industry and

•Internal Trade of the Ministry of Commerce &

•Industry

31.01.2023

SECTION Section 816

Untitled Section

16.Department of Commerce of the Ministry of

•Commerce & Industry

31.01.2023

SECTION Section 817

Untitled Section

17.Department for Promotion of Industry and

•Internal Trade of the Ministry of Commerce &

•Industry

31.01.2023

SECTION Section 818

Untitled Section

18.Legislative Department of the Ministry of Law

•and Justice

31.01.2023

SECTION Section 819

Untitled Section

19.Department of Legal Affairs of the Ministry of

•Law and Justice

31.01.2023

SECTION Section 82

Untitled Section

32.The Information Technology Act, 2000

SECTION Section 820

Untitled Section

20.Department of Financial Services of the Ministry

•of Finance

06.02.2023

SECTION Section 821

Untitled Section

21.Department of Economic Affairs of the Ministry

•of Finance

06.02.2023

SECTION Section 822

Untitled Section

22.Department of Revenue of the Ministry of

•Finance

06.02.2023

SECTION Section 823

Untitled Section

23.Department for Promotion of Industry and

•Internal Trade of the Ministry of Commerce &

•Industry

06.02.2023

SECTION Section 824

Untitled Section

24.Legislative Department of the Ministry of Law

•and Justice

06.02.2023

SECTION Section 825

Untitled Section

25.Department of Legal Affairs of the Ministry of

•Law and Justice

06.02.2023

SECTION Section 826

Untitled Section

26.Department of Health & family Welfare of the

•Ministry of Health & family Welfare

07.02.2023

•373

SECTION Section 827

Untitled Section

27.Ministry of Railways 07.02.2023

SECTION Section 828

Untitled Section

28.Ministry of Road Transport & Highways 07.02.2023

SECTION Section 829

Untitled Section

29.Department for Promotion of Industry and

•Internal Trade of the Ministry of Commerce &

•Industry

07.02.2023

SECTION Section 83

Untitled Section

33.The Metro Railways (Operation and Maintenance) Act, 2002

SECTION Section 830

Untitled Section

30.Legislative Department of the Ministry of Law

•and Justice

07.02.2023

SECTION Section 831

Untitled Section

31.Department of Legal Affairs of the Ministry of

•Law and Justice

07.02.2023

SECTION Section 832

Untitled Section

32.Ministry of Information & Broadcasting 09.02.2023

SECTION Section 833

Untitled Section

33.Ministry of Statistics & Programme

•Implementation

09.02.2023

SECTION Section 834

Untitled Section

34.Department of Posts of the Ministry of

•Communications

09.02.2023

SECTION Section 835

Untitled Section

35.Department of Consumer Affairs of the Ministry

•of Consumer Affairs, Food and Public

•Distribution

09.02.2023

SECTION Section 836

Untitled Section

36.Department of Defence of the Ministry of

•Defence

09.02.2023

SECTION Section 837

Untitled Section

37.Ministry of Ports, Shipping & Waterways 09.02.2023

SECTION Section 838

Untitled Section

38.Department for Promotion of Industry and

•Internal Trade of the Ministry of Commerce &

•Industry

09.02.2023

SECTION Section 839

Untitled Section

39.Legislative Department of the Ministry of Law

•and Justice

09.02.2023

SECTION Section 84

Untitled Section

34.The Prevention of Money-laundering Act, 2002

SECTION Section 840

Untitled Section

40.Department of Legal Affairs of the Ministry of

•Law and Justice

09.02.2023

SECTION Section 841

Untitled Section

41.Department for Promotion of Industry and

•Internal Trade of the Ministry of Commerce &

•Industry

16.02.2023

SECTION Section 842

Untitled Section

42.Department of Commerce of the Ministry of

•Commerce & Industry

16.02.2023

•374

SECTION Section 843

Untitled Section

43.Department of Consumer Affairs of the Ministry

•of Consumer Affairs, Food and Public

•Distribution

16.02.2023

SECTION Section 844

Untitled Section

44.Department of Economic Affairs of the Ministry

•of Finance

16.02.2023

SECTION Section 845

Untitled Section

45.Department of Financial Services of the Ministry

•of Finance

16.02.2023

SECTION Section 846

Untitled Section

46.Ministry of Railways 16.02.2023

SECTION Section 847

Untitled Section

47.Department of Food & Public Distribution of the

•Ministry of Consumer Affairs, Food & Public

•Distribution

16.02.2023

SECTION Section 848

Untitled Section

48.Department of Health & Family Welfare of the

•Ministry of Health & Family Welfare

16.02.2023

SECTION Section 849

Untitled Section

49.Department of Posts of the Ministry of

•Communications

16.02.2023

SECTION Section 85

Untitled Section

35.The Food Safety and Standards Act, 2006

•11

SECTION Section 850

Untitled Section

50.Department for Promotion of Industry and

•Internal Trade of the Ministry of Commerce &

•Industry

16.02.2023

SECTION Section 851

Untitled Section

51.Legislative Department of the Ministry of Law

•and Justice

16.02.2023

SECTION Section 852

Untitled Section

52.Department of Legal Affairs of the Ministry of

•Law and Justice

16.02.2023

SECTION Section 853

Untitled Section

53.Department of Agriculture & farmers Welfare of

•the Ministry of Agriculture & Farmers Welfare

17.02.2023

SECTION Section 854

Untitled Section

54.Ministry of Information & Broadcasting 17.02.2023

SECTION Section 855

Untitled Section

55.Ministry of Ports, Shipping & Waterways 17.02.2023

SECTION Section 856

Untitled Section

56.Department of Revenue of the Ministry of

•Finance

17.02.2023

SECTION Section 857

Untitled Section

57.Ministry of Electronics and Information

•Technology

17.02.2023

SECTION Section 858

Untitled Section

58.Ministry of Environment, Forest and Climate

•Change

17.02.2023

•375

SECTION Section 859

Untitled Section

59.Ministry of Housing & Urban Affairs 17.02.2023

SECTION Section 86

Untitled Section

36.The Government Securities Act, 2006

SECTION Section 860

Untitled Section

60.Ministry of Road Transport & Highways 17.02.2023

SECTION Section 861

Untitled Section

61.Ministry of Statistics & Programme

•Implementation

17.02.2023

SECTION Section 862

Untitled Section

62.Department of Defence of the Ministry of

•Defence

17.02.2023

SECTION Section 863

Untitled Section

63.Department for Promotion of Industry and

•Internal Trade of the Ministry of Commerce &

•Industry

17.02.2023

SECTION Section 864

Untitled Section

64.Legislative Department of the Ministry of Law

•and Justice

17.02.2023

SECTION Section 865

Untitled Section

65.Department of Legal Affairs of the Ministry of

•Law and Justice

17.02.2023

•376

•377

•378

•379

•380

•381

•382

•383

•384

•385

•386

•387

•388

•389

•390

•391

•392

•Appendix - VI

•JOINT COMMITTEE ON THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•MINUTES OF THE FIRST SITTING OF THE COMMITTEE

•The Committee sat on Monday, the 9 th January, 2023 from 1100 hrs. to 1245 hrs. in

•Committee Room ‘D’, Parliament House Annexe, New Delhi.

•PRESENT

•Shri P.P. Chaudhary – Chairperson

•MEMBERS

•LOK SABHA

SECTION Section 866

Untitled Section

2.Dr. Sanjay Jaiswal

SECTION Section 867

Untitled Section

3.Shri Uday Pratap Singh

SECTION Section 868

Untitled Section

4.Shri Sanjay Seth

SECTION Section 869

Untitled Section

5.Smt. Poonam Pramod Mahajan

SECTION Section 87

Untitled Section

37.The Cantonments Act, 2006

SECTION Section 870

Untitled Section

6.Shri Rajendra Agrawal

SECTION Section 871

Untitled Section

7.Shri Rattan Lal Kataria

SECTION Section 872

Untitled Section

8.Shri Gaurav Gogoi

SECTION Section 873

Untitled Section

9.Prof. Sougata Ray

SECTION Section 874

Untitled Section

10.Shri Pinaki Misra

SECTION Section 875

Untitled Section

11.Shri Girish Chandra

•RAJYA SABHA

SECTION Section 876

Untitled Section

12.Shri Ghanshyam Tiwari

SECTION Section 877

Untitled Section

13.Dr. Radha Mohan Das Agarwal

SECTION Section 878

Untitled Section

14.Shri Sukhendu Sekhar Ray

SECTION Section 879

Untitled Section

15.Dr. Kanimozhi NVN Somu

SECTION Section 88

Untitled Section

38.The Payment and Settlement Systems Act, 2007

SECTION Section 880

Untitled Section

16.Shri Narain Dass Gupta

•393

•SECRETARIAT

SECTION Section 881

Untitled Section

1.Shri Vinay Kumar Mohan - Joint Secretary

SECTION Section 882

Untitled Section

2.Shri Raju Srivastava - Director

SECTION Section 883

Untitled Section

3.Smt. Maya Menon - Under Secretary

•WITNESSES

•Sl No. Ministry/Department Representatives

SECTION Section 884

Untitled Section

1.Ministry of Commerce &

•Industry (DPIIT)

i.Shri Anurag Jain - Secretary

ii.Ms. Manmeet K. Nanda - Joint Secretary

iii.Ms. Supriya Devasthali - Director

SECTION Section 885

Untitled Section

2.Ministry of Law &

•Justice (Department of

•Legal Affairs)

i.Dr. Niten Chandra – Secretary

ii.Ms. Sunita Anand – Joint Secretary &

•Legal Advisor

SECTION Section 886

Untitled Section

3.Ministry of Law &

•Justice (Legislative

•Department)

iii.Shri K.R. Saji Kumar – Joint Secretary and

•Legislative Counsel

iv.Shri Vinay Kumar Mishra – Deputy

•Legislative Counsel

•At the outset, the Chairperson welcomed Members and the Officials/Representatives

•of the Ministries to the Sitting convened to have a briefing about the proposed amendments

•pertaining to the Acts enforced by their Departments in the Schedule of the Jan Vis hwas

•(Amendment of Provisions) Bill, 2022.

SECTION Section 887

Untitled Section

2.The Chairperson then asked the Representatives of Department for Promotion of

•Industry and Trade, Ministry of Commerce and Industry to provide a briefing about the

•reasons for the proposed amendments in the schedule to the Bill.

SECTION Section 888

Untitled Section

3.The Representatives of the Ministry explained the reasons for the proposed changes

•in the Bill as follows:

i.Ease of living and ease of doing business in line with the Government

•mandate;

ii.Decrease the burden on businesses and inspire confidence amongst the

•investors;

•394

iii.Focus on economic growth, public interest and national security should remain

•paramount;

iv.Mens rea (malafide/criminal intent) plays an important role in imposition of

•criminal liability – therefore, it is critical to evalu ate nature of non -compliance

i.e. fraud as compared to negligence or inadvertent omission; and

v.The habitual nature of non-compliance.

SECTION Section 889

Untitled Section

4.The Representatives of DPIIT explained the rationale for bringing this Bill, and stated

•that the Government wanted to encourage trust -based governance and improve ease of

•doing business. Towards this end, all Legislations were being reviewed from time to time

•and already certain actions like Labour Codes, Reforms in Mining Sector, etc. were carried

out.In this exercis e, the entire State Governments were taken on board for consultations,

•as also the Departments/Ministries of the Central Government. They were basically told to

•review on four counts (i) whether a Particular Provision is required at all or not (ii) can it be

•simplified (iii) can it be done online (iv) decriminalize the minor offences. Some of the Acts

•dates to pre -Independence period where small offences attracted imprisonment. These

•were to be changed to penalty/fine. Based on these factors, the Jan Vi shwas (Amendment

•of Provisions) Bill, 2022 has been prepared.

SECTION Section 89

Untitled Section

39.The Collection of Statistics Act, 2008

SECTION Section 890

Untitled Section

5.The Committee sought to know the difference between fine and penalty. The officials

•of Legislative Department clarified that fine is imposed by a judicial Court and penalty by an

•administrative/quasi judicial authority. There is a need for an adjudication and appellate

•mechanism in this structure.

SECTION Section 891

Untitled Section

6.Then the Representatives of the Department for Promotion of Industry and Internal

•Trade made a power point presentation giving details about the different Acts and the

•Sections being amended by different Ministries/Departments in the Jan Vishwas

•(Amendment of Provisions) Bill, 2022 and brief overview of the same. Members sought

•some clarifications and the Officials provided replies to them.

SECTION Section 892

Untitled Section

7.The Committee then decided to have briefing/Evidence of the Representatives of the

•concerned administrative Departments/Ministries of the 42 Acts being administered by them.

•The Committee then adjourned.

•A verbatim record of the proceedings has been kept separately.

•******

•395

•JOINT COMMITTEE ON THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•MINUTES OF THE SECOND SITTING OF THE COMMITTEE

•The second sitting of the Joint Committee was held on Monday, the 16 th January,

•2023 from 1500 hrs. to 1745 hrs. in Committee Room No 01, Extension to Parliament House

•Annexe, New Delhi.

•PRESENT

•Shri P. P. Chaudhary - Chairperson

•MEMBERS

•LOK SABHA

SECTION Section 893

Untitled Section

2.Shri Rajendra Agrawal

SECTION Section 894

Untitled Section

3.Shri Girish Chandra

SECTION Section 895

Untitled Section

4.Shri Gaurav Gogoi

SECTION Section 896

Untitled Section

5.Dr. Sanjay Jaiswal

SECTION Section 897

Untitled Section

6.Shri Rattan Lal Kataria

SECTION Section 898

Untitled Section

7.Prof. Sougata Ray

SECTION Section 899

Untitled Section

8.Shri Rajiv Ranjan Singh,Alias Lalan Singh

•RAJYA SABHA

SECTION Section 9

Untitled Section

6.Shri Khagen Murmu

SECTION Section 90

Untitled Section

40.The Legal Metrology Act, 2009

SECTION Section 900

Untitled Section

9.Shri Ghanshyam Tiwari

SECTION Section 901

Untitled Section

10.Shri Sukhendu Sekhar Ray

SECTION Section 902

Untitled Section

11.Shri G.V.L. Narasimha Rao

SECTION Section 903

Untitled Section

12.Shri Mahesh Jethmalani

SECTION Section 904

Untitled Section

13.Shri Narain Dass Gupta

•SECRETARIAT

SECTION Section 905

Untitled Section

1.Shri Vinay Kumar Mohan - Joint Secretary

SECTION Section 906

Untitled Section

2.Shri Rahul Singh - Deputy Secretary

SECTION Section 907

Untitled Section

3.Smt. Maya Menon - Under Secretary

•396

•WITNESSES

Sl.No. MINISTRY/DEPARTMENT REPRESENTATIVES

SECTION Section 908

Untitled Section

1.The Ministry of Commerce &

•Industry

•(Department of Promotion of

•Industry and Internal Trade)

i.Ms. Manmeet K. Nanda, Joint Secretary

ii.Ms. Supriya Devasthali, Director

SECTION Section 909

Untitled Section

2.The Ministry Of Electronics and

•Information Technology

i.Shri Alkesh Kumar Sharma, Secretary

ii.Shri Amit Agrawal, Additional Secretary

iii.Dr. Saurabh Garg, CEO, UIDAI

SECTION Section 91

Untitled Section

41.The Factoring Regulation Act, 2011

SECTION Section 910

Untitled Section

3.

•The Ministry of Agriculture &

•Farmers Welfare

•(Department of Agriculture &

•Farmers Welfare)

i.Shri Manoj Ahuja, Secretary

ii.Shri Abhilaksh Likhi, Additional Secretary

iii.Dr. Vijaya Lakshmi Nadendla, Joint

•Secretary

SECTION Section 911

Untitled Section

4.

•The Ministry of Consumer

•Affairs, Food & Public

•Distribution

•(Department of Food & Public

•Distribution)

i.Shri Sanjeev Chopra, Secretary

ii.Shri Ashok K. K. Meena, CMD (FCI)

iii.Shri Subodh Kumar Singh, Additional

•Secretary (Policy & FCI)

SECTION Section 912

Untitled Section

5.

•The Ministry of Law & Justice i. Shri K. R. Saji Kumar, Joint Secretary &

•Legislative Counsel, Legislative

•Department

ii.Ms. Sunita Anand, Joint Secretary &

•Legal Advisor, Department of Legal

•Affairs

SECTION Section 913

Untitled Section

2.At the outset, the Chairperson welcomed the Members and the

•Officials/Representatives of the Ministries to the second sitting of the Joint Committee

•convened about the proposed amendments pertaining to the Acts enforced by their

•Departments in the Schedule of the Jan Vishwas (Amendment of Provisions) Bill, 2022. He

•asked the Representatives of the respective Ministries/Departments to brief the Committee

•397

•on the relevant enactments administered by their department proposed to be amended,

•about the reasons to bring the said amendments, foreseeable impact of the same and

•whether proposed amendments shall have any retrospective effect on litigations pending

•before the courts, if any.

SECTION Section 914

Untitled Section

3.Thereafter, the Chairperson invited the representatives of the Ministry of E lectronics

•and Information Technology to inform the Committee regarding proposed amendments by

•their department in (i) The Aadhaar (Targeted Delivery of Financial and Other Subsidies,

•Benefits and Services) Act, 2016 and (ii) The Information Technology Act, 2000.

SECTION Section 915

Untitled Section

4.The representatives of the Ministry of Electronics & Information Technology then

•submitted that the Section 33, 44, 45, 67C, 68, 69B, 70B, 72, 72A of the Information

•Technology Act, 2000 are being amended to reduce imprisonment or increase fine s. The

•officials also submitted that the imprisonment/fine imposed by Section 41 of the Act

•mentioned at Sl No. 42 of the Schedule to the Bill is being replaced with increased penalty

•for which the Committee sought detailed clarifications on the reasons o f the proposed

amendment.The Committee also asked the officials to reexamine and give detailed

•justification for the proposed amendments and accordingly furnish the written reply to the

•queries raised by the Hon'ble Members.

•(The Officials of Meity withdrew and then the Representatives of the Department of

•Agriculture & Farmers Welfare were called before the Committee)

SECTION Section 916

Untitled Section

5.The Chairperson then asked the Representatives of the Department of Agriculture &

•Farmers Welfare to provide briefing about the amen dments proposed in the Agricultural

•Produce (Grading and Marking Act), 1937 mentioned at Sl No 05 of the Schedule of the Bill.

•The Officials of the Ministry submitted that the imprisonment clauses that exist in four

•sections, namely 4, 5, 5A and 5B of the Act is being decriminalised by imposing increased

penalty.Members asked certain clarifications on the amendments proposed and Officials of

•the Ministry clarified.

•(The Officials of Department of Agriculture & Farmers Welfare then withdrew and the

•Representatives of the Department of Food & Public Distribution deposed before the

•Committee)

•398

SECTION Section 917

Untitled Section

5.Thereafter, the Chairperson invited the representatives of the Department of Food &

•Public Distribution of the Ministry of Consumer Affairs, Food & Public Dist ribution to brief on

•the reasons for the proposed amendments in the Food Corporations Act, 1964 and the

•Warehousing Corporation Act, 1962 mentioned at Sl. No. 16 & 17 of the Schedule to the Bill.

SECTION Section 918

Untitled Section

6.The representatives from the Ministries thereafter briefed the Committee on the the

•proposed amendment for deletion of Section -41 from the Food Corporations Act, 1964 and

•Section-38 from the Warehousing Corporation Act, 1962 alongwith justification.

SECTION Section 919

Untitled Section

7.The Chairperson thanked the Members of the Committee and the Officials of the

•Ministries for appearing before them and explaining the rationale behind in the amendments

•proposed in the Bill related to their Ministries.

•The Committee then adjourned.

•A verbatim record of the proceedings has been kept separately.

•******

•399

•JOINT COMMITTEE ON THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•MINUTES OF THE THIRD SITTING OF THE COMMITTEE

•The third sitting of the Joint Committee was held on Tuesday, the 17th January, 2023

•from 1100 hrs. to 1410 hrs. in Committee Room No 01, Extension to Parliament House

•Annexe, New Delhi.

•PRESENT

•Shri P. P. Chaudhary - Chairperson

•LOK SABHA

SECTION Section 92

Untitled Section

42.The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and

•Services) Act, 2016.

•---x---

•12

SECTION Section 920

Untitled Section

2.Shri Rajendra Agrawal

SECTION Section 921

Untitled Section

3.Shri Girish Chandra

SECTION Section 922

Untitled Section

4.Shri Rattan Lal Kataria

SECTION Section 923

Untitled Section

5.Shri Rajiv Ranjan Singh,Alias Lalan Singh

SECTION Section 924

Untitled Section

6.Shri Pinaki Misra

SECTION Section 925

Untitled Section

7.Shri Sanjay Seth

SECTION Section 926

Untitled Section

8.Shri Uday Pratap Singh

•RAJYA SABHA

SECTION Section 927

Untitled Section

9.Shri Ghanshyam Tiwari

SECTION Section 928

Untitled Section

10.Shri Sukhendu Sekhar Ray

SECTION Section 929

Untitled Section

11.Shri G.V.L. Narasimha Rao

SECTION Section 93

Untitled Section

•CHAPTER II

•PROCEDURE ADOPTED BY THE COMMITTEE IN EXAMINATION OF THE BILL

2.1. The Jan Vishwas (Amendment of Provisions) Bill, 2022 (Bill No. 299 of 2022) to

•amend certain enactments for decriminalising and rationalising minor offences to enhance

•trust-based governa nce towards ease of living and doing business was introduced in Lok

•Sabha by Shri Piyush Goyal, Union Minister for Ministry of Commerce and Industry,

•Consumer Affairs, Food and Public Distribution and Textiles. A motion was moved and

•adopted by Lok Sabha on December 22, 2022 for the constitution of a Joint Parliamentary

•Committee for the purpose of examination of the Bill and making a report to the House by

•the last day of the first week of the second part of the Budget Session, 2023. The Rajya

•Sabha concurred in the recommendation of the Lok Sabha in joining the Joint Committee

•and nominated 10 Members to serve on the Joint Committee on a motion moved in and

•adopted by Rajya Sabha on December 23, 2022. Accordingly, the Joint Parliamentary

•Committee (JPC) consisting 20 Members from Lok Sabha and 10 Members from Rajya

•Sabha under the Chairpersonship of Shri P. P. Chaudhary was constituted to examine the

•Bill and make a report.

2.2. Taking cognizance of the fact that the Jan Vishwas (Amendment of Provisions) Bill,

•2022 envisages to achieve the principle of ‘Minimum Government Maximum Governance',

•redefining the regulatory landscape of the country under the Ease of Living and Ease of

•Doing Business reforms and that the proposed amendments would impact multiple

•stakeholders across multiple sectors, the Committee in their first sitting held on January 09,

•2023 decided to examine each and every aspect of the reforms intended to be brought by

•this Bill. During the sitting, the Secretary, DPIIT, Ministry of Commerce and Industry giving

•the overview of the background to the Bill inter-alia submitted as under:

•“xxx, there was a renewed focus on the trust based governance in 2014. xxxxxx, one

•of the earliest decisions of the Government when it changed into 2014, was to move

•from attestation by a Gazetted Officers or a Public Representative to self -attestation,

•which actually made impact on millions of youth who had to actually apply to various

•applications for admission or for employment, had to be attested, which they got rid of.

•Thereafter, there was a concerted movement to improve the ease of doing business

•ranking, which World Bank used to publish, and World Bank ranking 2015 based on

•the data of 2014, India was ranked at 142. Within a short frame of five years, data of

•2019, with ranking of 2022, India moved up to 63, a jump of 79 ranks in just a small

•period of five years. But World Bank used to measure the ease of doing business in

•two cit ies of Delhi and Mumbai. But the Government wanted that the improvement

•should happen across the country, and so the DPIIT also started a programme called

•Business Reform Action Plan which was all across States and UTs. So, initially, the

•team would sit with the representatives of all the States and UTs. A list of points to be

•improved would be finalised in consultation with the States an UTs, and that would

•become the agenda for States/UTs to follow. At the end of the period, whatever

•changes were done, th ey would be assessed by a third party, and thereafter, ranking

•should be issued.

•13

•xxxxx World Bank stopped the ranking in 2020. But we have continued with our

•Business Reform Action Plan even after that. That is an ongoing exercise. xxxxxxx

•When we try to simplify or reduce the compliance burden, we do it in four manners.

•First, we look at whether this particular provision is required at all or not. So, if it is a

•redundant provision, we remove it. If it can be simplified, the simplification is done. If it

•is offline, can it be done online? And, can this thing be helped by digitisation. The

•fourth and equally important aspect was decriminalisation. xxxxx, there were

•provisions where for a small thing like, not whitewashing the toilets or not

•whitewashing the canteen, a businessman could be sent to jail for a year or two. And,

•these provisions actually emanated from the fact that many of our Acts had a general

provision.The general provisions would read like: “If nothing is provided, and if there is

•a violation of any other provision, there would imprisonment of one year or six months

•or two years – whatever the Act would provide.” Most of these things actually

•emanated from the general provisions. The mind -set had to change. Most of the Acts

•were actually of pre- independence time. So, we took an exercise in consultation with

•the States. Acts were listed which were identified. We call the identification of the

•proposals which may lead to imprisonment. For the Government of India, about 1500

•such provisions we re identified. We pursued with all the concerned Departments who

•were the administrator of that particular Act. Out of 1,500, say about 900 --- the

•Department said --- need to be retained because they are serious. About 350 have

•already been decriminalised over this period of exercise because there have been

amendments.

•Xxxxxx

•So, about 350 had been handled; 900 required to be retained. Remaining

•about 250 odds were still remaining from those identified. So, we interacted with all the

Departments.There was a high level meeting in which a desire was made that

•‘whatever you have identified, please close this exercise. xxxxx, in discussion with Law

•and Legislative Affairs, we finalised this modus operandi that through a common Act,

•we will amend all t he remaining provisions. Then, we found that certain Departments

•had actually their Bills and they were in very advance stages, in some cases the Bill

•had been introduced

•They were taking a comprehensive revision; and the Bill had already been introduce d

•in the Parliament. So, obviously, that we left outside. In some cases, we found that

•they would take a long time before they were able to close their interaction with the

stakeholder.Xxxxx our common Bill would have been pending. So, we left out certain

•Acts where they had been introduced in the Parliament at a very advance stage, or we

•left out a very few Acts, where it is going to take still longer for them. For rest of the

•Act, we sat down. Under the chairmanship of the Cabinet Secretary, xxxx, and th ere

•was a sub- Committee of that Committee chaired by CEO, NITI.

xxxx.We sat down with each and every department and went through each and every

SECTION Section 930

Untitled Section

12.Shri Mahesh Jethmalani

SECTION Section 931

Untitled Section

13.Shri Narain Dass Gupta

SECTION Section 932

Untitled Section

14.Shri Vivek K Tankha

•SECRETARIAT

SECTION Section 933

Untitled Section

1.Shri Vinay Kumar Mohan - Joint Secretary

SECTION Section 934

Untitled Section

2.Shri Rahul Singh - Deputy Secretary

•400

SECTION Section 935

Untitled Section

3.Smt. Maya Menon - Under Secretary

•WITNESSES

•Sl No. Ministry/Department Representatives

SECTION Section 936

Untitled Section

1.The Ministry of Commerce &

•Industry

•(Department of Promotion of

•Industry and Internal Trade)

i.Ms. Manmeet K. Nanda, Joint

•Secretary

ii.Ms. Supriya Devasthali, Director

SECTION Section 937

Untitled Section

2.The Ministry of Environment,

•Forest and Climate Change

i.Ms. Leena Nandan, Secretary

ii.Shri Chandra Prakash Goyal, Director

•General of Forests and Special

•Secretary

SECTION Section 938

Untitled Section

3.The Ministry of Housing & Urban

•Affairs

i.Shri Manoj Joshi, Secretary

ii.Shri Jaideep,OSD (UT) and ex officio

•Joint Secretary

SECTION Section 939

Untitled Section

4.The Ministry of Law & Justice

i.Shri K. R. Saji Kumar, Joint Secretary

•& Legislative Counsel, Legislative

•Department

ii.Ms. Sunita Anand, Joint Secretary &

•Legal Advisor, Department of Legal

•Affairs

SECTION Section 94

Untitled Section

•clause of what could lead to imprisonment. Then, we, actually, carved out certain

•general principles. Actual ly, the things which are not specified in the Act, they are

•invariably of lesser magnitude. So, such things should not lead to imprisonment. You

•should put a clear thought. If you want something to result in imprisonment, it should

•be well thought out thin g. The general provisions should be dealt with by penalty or

fine.Similarly, non -submission of small information or certain procedural lapses, such

•14

•things should be dealt with through penalty or at most fine in certain cases. In some

•cases, even the compo unding could be taken as decriminalisation that it gets settled.

•This will also have the benefit of reduction of pendency in the courts. It would also help

•to ease the burden on police because they have to, actually, put the cases before the

courts.So, th is will have multifarious advantages. In addition to that, xxxx, there were

•certain ridiculous provisions. xxxxx So, we cleaned that up

•As the Committee gave suggestions that these are the principles that you

•should follow, the Department had consultati ons with the stakeholders and submitted

•to us that this is what that can be decriminalised. Then, we compiled the whole thing

•and went through the Legal Department. Then, the whole thing was presented to the

•Cabinet which was approved and then converted into a Bill and put to the Parliament.

•xxx”

•Expounding further on the matter the Ministry submitted as under:

•हम लोगों ने वर्ष 2014 से ही इज ऑफ डूइंग बिजनेस के ऊपर ज्यादा ध्यान ददया है। उसका कारण

•यह था कक हमें बिजनेस प्रोसेसरी-इंजीननयररंग के ऊपर ववशेर् ध्यान रखना था, क्योंकक we wanted

•to improve the business ecosystem for the investors and business entities coming

•into the country. xxxxx, हम लोगों ने रेगुल ेटरी कम्पलायंस िडेन के इश्यू को भी देखा है और

•reducing of compliance became a very important task of Department of Promotion

•and Industry and Internal Trade. In January 2021, a portal was formed, and different

•States, UTs, Central Ministries and Departments were asked to identity such

•regulatory compliances and also to undertake the process of reducin g the

•compliances which were considered unnecessary. इसकी स्ट्रैटजी चार माध्यमों के तहत

•िनाई जा रही है। Either we looked at elimination of redundant laws, processes, forms –

•if they were not required, we had to do away with them – or simplify the forms and the

processes.

•Digitisation was undertaken in a big way. Many of these processes were brought

•online from the offline mode. The other aspect of it was decriminalisation of minor

offences.

•One important point is that this portal is open to all State Governments, Central

•Government and UT Administrations. It was also made open to three major industry

•associations and they could also submit their procedures and compliances, which

•they thought were burdensome, for the review by different stakeholders and business

•departments and the State Governments. They also had an access to this ‘reducing

•compliance burden’.

•As of today, the number of compliances that stand reduced is more than 39,000.

•Some of them are still under review. This process of compliance reduction is an

•ongoing process. As and when the business entities put it to us or the Departments,

•which are continuously looking at their processes, that there is a requirement of

•looking at things ab initio for further simplification, this process will continue.

•15

•There were some provisions which were brought to the notice of Departments and

•the State Governments by the stakeholders and, through the portal, by the industry

associations.Intens ive stakeholder discussions with all kinds of associations –

•sectoral, business entities etc. – are also uploaded through this portal. Then, every

•stakeholder looks at it in minute details. Some of them were required to be retained

•because there is some portion of business processes that requires regulations.

•The present Jan Vishwas Bill comprises of 42 Acts across 19 Ministries and in total,

•182 provisions are proposed to be decriminalised and they fall under various

categories.We looked at all these pr ovisions with a certain requirement that was first

•to ensure that the commission of an offence should be commensurate to the

•seriousness of the offence. As the hon. Members have mentioned, there are very

•minor provisions जजसके ललए जेल होती है और वह केस कई सालों तक चलता रहता है। their

•intent is not absolutely criminal or to treat them as criminal provisions. They were

•undertaken here. xxxxx

•Then, certain provisions consist of technical or procedural lapse or very minor non -

compliance.They were also conside red under imprisonment. xxxx Those were also

•taken under this proposed Bill.

•The important motivation to come about with this Bill was also that criminal provisions

•lead to a sense of insecurity and hamper investment decisions by potential investors

•and businesses. That is why, it was very essential to segregate these acts and

•segregate these technical or procedural omissions or certain defaults that were done

•either with mala fide intention अगर कोई प्रोववजन जान -िूझक र या किलमनल इंटेन्शन के साथ

•ककया जाए or due to an oversight or it was a minor commission of an act or it was done

unintentionally.All that was also looked into and certain criminal provisions were then

converted.The imprisonment was removed, the fine was retained depending on the

•intention and whether it was important for the Department to send a message that we

•will not imprison you but the fine process will need to be resorted to. Or, there were

•xxxx

•The Committee sought to know whether the Government has taken decision to make

•the fine or penalty and punishment with retrospective effect or with prospective effect. The

•Ministry have informed that the same shall be with prospective effect.

•The Committee thereafter enquired as to the difference between fine and penalty. In

•this regard, representative, Legislative Department submitted as under:

•“Fine is imposed by a judicial court. If you take all the existing provisions, we find that

•court can imprison the person to certain months or years and also impose fine or

both.What the Bill is trying to address is, instead of the imprisonment and fine, there

•will be an adjudication mechanism whereby an administrative authority, a quasi

•judicial authority would impose monetary penalty. So, what we mean by penalty is

•nothing but monetary penalty so that there will be no fine; he will not be fined; he will

•pay the penalty and get out of whole judicial system. We don’t want the person to

•languish in the court. That is the purpose.”

•16

2.3. On being asked whether any mechanism has been provided in the respective acts for

•non compliance of penalty, the Committee was informed as under:

•“We have taken care of that. There is an adjudication mechanism either an officer or

•an authority or there is an appellate mechanism to challenge the orders of imposition

•of monetary penalty by adjudicating mechanism”

2.4. It was further submitted that

•“The Bill proposes to amend various Acts. In the respective Acts, wherever there are

•mechanisms for imposition of penalty, we have provided this system. If the person

•fails to pay the penalty, it will be recovered as land revenue.”

2.5. Keeping in view that the Acts proposed to be amended by the Bill are being

•administered and enforced by 19 different Ministries, the Committee decided to begin with

•hearing the views of Ministries enforcing these Acts.

2.6. Accordingly, the Committee obtained Background Notes and other requisite

•documents from the administering Ministries. The Committee also took briefing of the

•representatives of the administering Ministries/ D epartments. The representatives of the

•nodal Ministry, i.e. the Department for Promotion of Industry and Internal Trade, which is

•coordinating with all the 18 Ministries/Departments and the Ministry of Law (Legislative

•Department and Department of Legal Af fairs) also remained present in all the sittings of the

Committee.A Chronology of briefing taken by the Committee is as under in a tabular form:

•17

•Chronology of briefing by various Departments/Ministries

Sl.

•No

•Date & Day Agenda

•1 09 January, 2023

•(Monday)

•Briefing by the representatives of the Ministry of Commerce

•and Industry (Department for Promotion of Industry and

•Internal Trade) on the overall Bill and the Objectives and

•Purpose of the said Bill. The Representatives of the

•Ministry of Law and Justice (Legislative Department and

•Department of Legal Affairs) also remained present in the

meeting.

•2 16 January, 2023

•(Monday)

•Briefing/Oral Evidence of the representatives of the

•Ministry of Electronics and Information Technology with

•regard to Sl. Nos. 32 and 42 of the Schedule to the Bill; (ii)

•Ministry of Agriculture & Farmers Welfare (Department of

•Agriculture & Farmers Welfare) with regard to SI. No. 5 of

•the Schedule to the Bill and (ii) Ministry of Consumer

•Affairs Food and Public Distributio n (Department of Food

•and Public Distribution) with regard to Sl. Nos. 16 and 17 of

•the Schedule to the Bill on the Jan Vishwas (Amendment

•of Provisions) Bill, 2022. The Representatives of the

•Ministries of Commerce and Industry and Law and Justice

•(Legislative Department and Department of Legal Affairs)

•also remained present in the meeting.

•3 17 January, 2023

•(Tuesday)

•Briefing/Oral Evidence of the representatives of the (i)

•Ministry of Environment, Forest and Climate Change with

•regard to SI. Nos. 4, 21, 24 and 28 of the Schedule to the

•Bill; and (ii) Ministry of Housing & Urban Affairs with regard

•to SI. No. 33 of the Schedule to the Jan Vishwas

•(Amendment of Provisions) Bill, 2022. The representatives

•of the Ministries of Commerce and Industry and Law a nd

•Justice (Legislative |Department and Department of Legal

•Affairs) also remain present in the meeting.

•4 31 January, 2023

•(Tuesday)

•Briefing/Oral Evidence of the representatives of the

•Ministry of Commerce and Industry - (i) Department for

•Promotion of Industry & Internal Trade and (ii) Department

•of Commerce with regard to the Acts pertaining to them

•being amended by the Ministries.

•5 06 February, 2023

•(Monday)

•Briefing/Oral Evidence of the representatives of the

•Ministry of Finance- (i) Department of Financial Services (ii)

•Department of Economic Affairs and (iii) Department of

•Revenue on amendments proposed in the Bill related to

them.

•6 07 February, 2023

•(Tuesday)

•Briefing/Oral Evidence of the representatives of (i) the

•Ministry of Health & Family Welfare, Department of Health

•& Family Welfare (ii) the Ministry of Railways and (iii) the

•Ministry of Road Transport & Highways

•18

•7 09 February, 2023

•(Thursday)

•Briefing/Oral Evidence of the representatives of (i) the

•Ministry of Information & Broadcasting (ii) the Ministry of

•Statistics & Programme Implementation (iii) the Ministry of

•Communications, Department of Posts (iv) the Mini stry of

•Consumer Affairs, Food & Public Distribution, Department

•of Consumer (v) the Ministry of Defence, Department of

•Defence and (vi) the Ministry of Ports, Shipping &

Waterways.

2.7. Based on the written and oral depositions of the official witnesses, the Committee

•have examined every provision of the Bill as well as every amendment proposed to 42 Acts

•specified in the Schedule to the Bill very minutely and given their considered

•opinion/suggestions as enumerated in the succeeding paragraphs.

•19

•The Press and Registration of Books Act, 1867

•[Serial No. 1 of the Jan Vishwas (Amendment of Provisions) Bill, 2022)]

2.8. Administering Ministry: Ministry of Information and Broadcasting

2.9. Purpose of the Act: The Press and Registration of Books Act, 1867 provides for

•registration of printing presses, periodicals, including newspapers and books in the country,

•to keep a record of all the informatory material that was being printed in the country.

2.10. Amendments proposed to the Act:

Sl.

No.

•Sections Existing Provision Provision as amended in

•the Bill introduced in Lok

•Sabha

•1 Section 8C 8C. Appeal. --(1) Any person

•aggrieved by an order of a

•Magistrate refusing to

•authenticate a declaration

•under section 6 or cancelling

•a declaration under section

•8B may, within sixty days

•from the date on which such

•order is communicated to

•him, prefer an appeal to the

•Appellate Board to be called

•the Press and Registration

•Appellate Board consisting of

•a Chairman and another

•member to be nominated by

•the Press Council of India,

•established under section 4

•of the Press Council Act,

•1978 (37 of 1978), from

•among its members]:

•Provided that the Appellate

•Board may entertain an

•appeal after the expiry of the

•said period, if it is satisfied

•that the appellant was

•prevented by sufficient cause

•from preferring the appeal in

time.

•Any person aggrieved by

•an order of a Magistrate

•refusing to authenticate a

•declaration under section

•6 or cancelling a

•declaration under section

•8B or an o rder by the

•Press Registrar

•suspending or

•cancelling the certificate

•of registration under

SECTION Section 940

Untitled Section

2.At the outset, the Chairperson welcomed the Members and the

•Officials/Representatives of the Ministries to the third sitting of the Joint Committee

•convened about the proposed amendments pertaining to the Acts enforced by their

•Departments in the Schedule of the Jan Vishwas (Amendment of Provisions) Bill, 2022.

SECTION Section 941

Untitled Section

3.Thereafter, the Chairperson invited the Representatives of the Ministry of

•Environment, Forest & Climate Change to brief the Committee on the relevant enactments

•administered by their Ministry. The representatives of the Ministry explained the proposed

•amendments under the Acts - The Indian Forest Act, 1927(Sl no 04 of the Schedule); The

•Air (Prevention and Control of Pollution) Act of 1981 (Sl No 21 of the Schedule); The

•Environment (Protection ) Act, 1986 (Sl No 24 of the Schedule) and The Public Liability

•401

•Insurance Act, 1991 (S No 28 of the Schedule) through a power point presentation before

•the Committee.

SECTION Section 942

Untitled Section

4.The officials of the Ministry of Environment, Forest & Climate Change submitted tha t

•09 penal provisions under the Acts proposed to be amended are to be partially

decriminalised.The officials submitted that broad contours for continuing offences have

•been made in the form of penalty, additional penalty and then criminal provision. The

•Committee observed that the fine of Rupees Five Hundred imposed under the Sections 26 &

•33 of the Indian Forest Act may be replaced with penalty and adjudicating mechanism may

•be set up. In the Air (Prevention and Control of Pollution) Act, 1981, violations pertaining

•Sections 22, 31A, 37, 38 and 39 are being proposed to be dealt with through imposition of

•financial penalties replacing prosecution in the court of law.

SECTION Section 943

Untitled Section

5.The Committee then were briefed on the Environment Protection Act 1986 wherein

•penal p rovision mentioned under the Act is proposed to be completely decriminalized by

•substituting it with penalty and additional penalty. Members asked certain clarifications on

•the amendments proposed by the Ministry and reasons for the same and Officials of t he

•Ministries clarified. With respect to The Public Liability Insurance Act 2002, the officials

•informed that the provisions for substantial penalty are proposed be introduced for

•contravention and non-compliance of the provisions in place of imprisonment along with the

•insertion of provisions for utilization of Environment Relief Fund for restoration of public

•property and envi ronmental damage by utilization and provided justifications for the said

•provisions to the Committee whereto the queries were raise d on the amount of penalty

•being prescribed.

•(The Officials of MoEFCC withdrew and then the Representatives of the Ministry of

•Housing & Urban Affairs deposed before the Committee)

SECTION Section 944

Untitled Section

6.Thereafter, the Chairperson invited the representatives of the Ministry of Housing and

•Urban Affairs to inform the Committee regarding proposed amendments by their department

•in the Metro Railways(Operation and Maintenance) Act, 2002 mentioned at Sl No 33 of the

•Schedule to the Bill.

SECTION Section 945

Untitled Section

7.The representatives of the Ministry of Housing & Urban Affairs then submitted that

•the imprisonment and fine provisions under Sections 59(2), 63, 69(4) and 70 are proposed

•402

•to be converted to penalty; imprisonment and fine under Section 80 is proposed to be

•omitted and imprisonment tenure in Section 65 is proposed to be reduced. The Committee

•observed that imprisonment provisions under the Section 59(2) of the Act may be retained

•as the provisions deal with safety of the lives of the passengers. Members aske d certain

•clarifications on the amendments proposed by the Ministry and reasons for the same and

•Officials of the Ministry clarified. The Chairperson also asked the officials to see

•consequential effects of the provisions being amended and accordingly adju stments to the

•proposed amendment may be made and furnished to the Committee.

SECTION Section 946

Untitled Section

9.The Chairperson thanked the Members of the Committee and the Officials of the

•Ministries for appearing before them and explaining the rationale behind in the amendments

•proposed in the Bill related to their Ministries.

•The Committee then adjourned.

•A verbatim record of the proceedings has been kept separately.

•*****

•403

•JOINT COMMITTEE ON THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•MINUTES OF THE FOURTH SITTING OF THE COMMITTEE

•The fourth sitting of the Joint Committee was held on Tuesday, the 31 st January,

•2023 from 1500 hrs. to 1715 hrs. in Committee Room No 02, Extension to Parliament House

•Annexe, New Delhi.

•PRESENT

•Shri P. P. Chaudhary - Chairperson

•LOK SABHA

SECTION Section 947

Untitled Section

2.Shri A. Raja

SECTION Section 948

Untitled Section

3.Shri Rajendra Agarwal

SECTION Section 949

Untitled Section

4.Dr. Venkata Satyavathi Beesetti

SECTION Section 95

Untitled Section

•section 12 or imposing

•penalties under section

•13 or under section 19K

•may, within sixty days from

•the date on which such

•order is communicated to

•him, prefer an appeal to

•the Appellate Board to be

•called the Press and

•Registration Appellate

•Board consisting of a

•Chairman and another

•member to be appointed

•by the Central

•Government:

•Provided that the

•Appellate Board may

•entertain an appeal after

•the expiry of the said

•period, if it is satisfied that

•20

•the appellant was

•prevented by sufficient

•cause from preferring the

•appeal in time.

(2)On receipt of an appeal

•under this section, the

•Appellate Board may, after

•calling for the records from

•the Magistrate and after

•making such further inquiries

•as it thinks fit, confirm, modify

•or set aside the order

•appealed against.

(2)On receipt of an

•appeal under this section,

•the Appellate Board may,

•after calling for the

•records from the

•Magistrate or from the

•Press Registrar , as the

•case may be, and after

•making such further

•inquiries as it thinks fit,

•confirm, modify or set

•aside the order appealed

against.

•2 Section 12 Penalty for printing

•contrary to rule in

SECTION Section 950

Untitled Section

5.Shri Girish Chandra

SECTION Section 951

Untitled Section

6.Shri Gaurav Gogoi

SECTION Section 952

Untitled Section

7.Shri Rattan Lal Kataria

SECTION Section 953

Untitled Section

8.Adv. Dean Kuriakose

SECTION Section 954

Untitled Section

9.Smt. Poonamben Hematbhai Maadam

SECTION Section 955

Untitled Section

10.Shri Sougata Ray

SECTION Section 956

Untitled Section

11.Shri Sanjay Seth

SECTION Section 957

Untitled Section

12.Shri Uday Pratap Singh

•RAJYA SABHA

SECTION Section 958

Untitled Section

13.Shri Ghanshyam Tiwari

SECTION Section 959

Untitled Section

14.Shri Mahesh Jethmalani

SECTION Section 96

Untitled Section

•Section 3 - whoever shall

•print or publish any book or

•paper otherwise than in

•conformity with the rule

•contained in section 3 of

•this Act, shall, on

•conviction before a

•Magistrate, be punished by

•fine not exceeding two

•thousand rupees, or by

•simple impriso nment for a

•term not exceeding six

•months, or by both.

•Proposed for omission

•in the Bill, as

introduced.

•3 Insertion of

•new Section

•12 in

•substitution

•of existing

SECTION Section 960

Untitled Section

15.Shri Narain Dass Gupta

SECTION Section 961

Untitled Section

16.Dr. Radha Mohan Das Agarwal

SECTION Section 962

Untitled Section

17.Dr. Kanimozhi NVN Somu

SECTION Section 963

Untitled Section

18.Shri Sujeet Kumar

•404

•SECRETARIAT

SECTION Section 964

Untitled Section

1.Shri Vinay Kumar Mohan - Joint Secretary

SECTION Section 965

Untitled Section

2.Shri H. Ram Prakash - Director

SECTION Section 966

Untitled Section

3.Shri Rahul Singh - Deputy Secretary

SECTION Section 967

Untitled Section

4.Smt. Maya Menon - Under Secretary

•WITNESSES

•Sl No. Ministry/Department Representatives

SECTION Section 968

Untitled Section

1.The Ministry of Commerce &

•Industry

•(Department of Promotion of

•Industry and Internal Trade)

iii.Shri Anurag Jain, Secretary

iv.Shri Rajeev Singh Thakur, Additional

•Secretary

v.Ms. Shruti Singh, Joint Secretary

vi.Ms. Manmeet K. Nanda, Joint Secretary

vii.Ms. Supriya Devasthali, Director

SECTION Section 969

Untitled Section

2.The Ministry of Commerce

•(Department of Commerce)

i.Shri Sunil Barthwal, Secretary

ii.Shri Sridhar Baku Addanki, Executive

•Director, Tobacco Board

iii.Dr. K. G. Jagadeesha, CEO & Secretary,

•Coffee Board

iv.Dr. M Angamuthu, Chairman, APEDA

v.Dr. K N Raghavan, Executive Director,

•Rubber Board

vi.Shri D. Sathiyan, Secretary, Spices Board

SECTION Section 97

Untitled Section

•Section 12

•--- 12. Suspension or

•cancellation of

•certificate of

registration.-- (1) The

•Press Registrar may, by

•order, suspend the

•certificate of registration

•of a newspaper for a

•period not exceeding one

•year, if –

(a)the publisher has

•failed to publish the

•newspaper continuously.

Explanation.– For the

•removal of doubts, it is

•hereby clarified that if a

•newspaper publishes less

•than half of its issues, as

•21

•are required to be

•published under rule (6)

•of section 5, such

•newspaper shall be

•deemed to have failed to

•publish continuously; or

(b)the publisher of a

•newspaper has given

•false particulars in the

•annual statement; or

(c)the publisher of a

•newspaper has failed to

•furnish the annual

•statement within two

•years from the end of the

•financial year for which

•the annual statement was

•to be furnished.

(2)The Press Registrar

•may, by o rder, cancel the

•certificate of registration

•where-

(i)a newspaper has

•ceased publication for a

•period exceeding twenty -

•four months;

•(ii) the publisher of a

•newspaper fails to furnish

•the annual statement

•even after the expiry of

•the period during which

•the certificate of

•registration was

•suspended under sub -

SECTION Section 970

Untitled Section

3.The Ministry of Law & Justice

i.Shri K. R. Saji Kumar, Joint Secretary &

•Legislative Counsel, Legislative

•Department

ii.Ms. Sunita Anand, Joint Secretary & Legal

•Advisor, Department of Legal Affairs

SECTION Section 971

Untitled Section

2.At the outset, the Chairperson welcomed the Members of the Joint Committee on Jan

•Vishwas (Amendment of Provisions) Bill 2022 and the representatives of Ministry of

•Commerce and Industry and Ministry of Law and Justice.

•405

SECTION Section 972

Untitled Section

3.The Chairperson made opening remarks about the Jan Vishwas (Amendment of

•Provisions) Bill 2022 and sought t o know the changes being made by the Department for

•Promotion of Industry & Internal Trade and Department of Commerce in the Bill. The

•Chairperson also drew the attention of the officials to Directions 55 of Directions by the

•Speaker, Lok Sabha concerning the confidentiality of the Committee proceedings.

SECTION Section 973

Untitled Section

4.The Ministry officials from DPIIT made a Power Point Presentation on the followings

•Acts and explained the existing provisions alongwith proposed amendments and also

•reasons for amendments.

(i)Copyright Act, 1957 (Section 68 dealing with making false statement for deceiving or

•influencing any authority or office is being omitted);

•(ii) Patents Act, 1970 (Sections 120, 122 (sub -section (1) and (2)), 123 and 159 are

•being amended; Section 121 proposed to be omitted; New Section 124 AL regarding

•adjudication of penalty is proposed to be inserted;

•(iii) Trade Marks Act, 1999 – Sections 107, 140 and 157 are proposed to be amended;

•Sections 106, 108 and 109 are proposed to be omitted and a new Se ction 112 A is

•proposed to be inserted.

•(iv) Geographical Indications of Goods (Registration and Protection) Act, 1999 – 2

•Sections (Sections 42 & 87) are proposed to be amended; Section 43 & 44 are

•proposed to be omitted; and a new Section 37 A is proposed to be inserted.

(v)In the Boilers Act, 1923 – Amendment of section 22 seeks to insert a new clause (iv)

•in Section 22 by omitting similar provision (clause (d)) in Section 24; Section 23 is

•being substituted by a new Section 23 dealing with penalties for illegal use of boile r;

•and in Section 24 dealing with other penalties, clauses (a), (b) and (d) are proposed

•to be removed by inserting clause (a) & (b) in proposed new Section 23.

•(vi) In the Industries (Development & Regulation) Act, 1951, section 24 (1), which has

•provision for imprisonment and fine, is being replaced with enhanced fine; Section

•24 A dealing with penalty for false statement is being omitted.

SECTION Section 974

Untitled Section

5.The officials of Department of Commerce then made a presentation regarding the

•Rubber Act, 1947, the Tea Act 1953, the MPEDA Act, 1972 and the Spices Board Act, 1986.

•Now

•406

(i)In the Rubber Act 1947 Section 11, 13 and 26 are proposed to be amended which

•dealt with punishment for contravention of provisions under the Act.

•(ii) Under the Tea Act, 1953, the Sect ions 38, 39, 40, 41 & 42 are proposed to be

•amended by omitting them which will facilitate ease of doing business and provide

•fair benefits to all stakeholders.

•(iii) Under the MPEDA Act, 1972, Sections 20 (3), 23, 24 and 25 are proposed to be

•amended to replace imprisonment and fine with penalty. The proposed amendment

•will reduce regulatory compliance burden on marine exporters and prevent fear of

•undue harassment among stakeholders.

•(iv) The Spices Board Act 1986 prescribed criminal penalties for offen ces under the Act

•vide Section 27, 28, 29 and 30. Amendments have been proposed and Section 27,

•29 and 30 to substitute punishment of imprisonment with civil penalty. Section 28

•has been proposed for deletion to facilitate deregulation and trade.

•Members sought clarifications on some of the provisions on some of the Acts and the

•concerned Ministry officials clarified them.

SECTION Section 975

Untitled Section

6.At the end, the Chairperson thanked all the Members and officials who participated in

•the discussions. The Committee authorize d the Chairperson to finalise a Study Visit in

•connection with the examination of Bill to consult the various stakeholders at a suitable date.

•The Committee then adjourned.

•A verbatim record of the proceedings has been kept separately.

•*******

•407

•JOINT COMMITTEE ON THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2022

•MINUTES OF THE FIFTH SITTING OF THE COMMITTEE

•The Committee sat on Monday, the 6 th February, 2023 from 1500 hrs to 1720 hrs in

•Committee Room ‘C’, Parliament House Annexe, New Delhi.

•PRESENT

•Shri P.P. Chaudhary – Chairperson

•MEMBERS

•LOK SABHA

SECTION Section 976

Untitled Section

2.Shri Uday Pratap Singh

SECTION Section 977

Untitled Section

3.Shri Sanjay Seth

SECTION Section 978

Untitled Section

4.Smt. Poonamben Hematbhai Maadam

SECTION Section 979

Untitled Section

5.Smt. Poonam Pramod Mahajan

SECTION Section 98

Untitled Section

•clause (c) of sub -section

(1);

•(iii) the registration was

•obtained on false

•representation or on

•concealment of any

•material fact;

•(iv) the title of the

•newspaper bears the

•same or similar title

•already held by any other

•22

•owner of a newspaper

•either in the same

•language anywhere in

•India or in any other

•language in the same

•State or Union territory

administration.

(3)No order for

•suspension or

•cancellation of certificate

•of registration shall be

•made under this section,

•without giving an

•opportunity of being

•heard to the publisher or

•owner of the newspaper,

•as the case may be.

(4)A copy of order of

•suspension or

•cancellation passed

•under this section shall

•be made available to the

•Central Governm ent or

•State Government or

•Union territory

•administration, as the

•case may be, and to the

Magistrate.

•4 Section 13 Penalty for keeping press

•without making

•declaration required by

SECTION Section 980

Untitled Section

6.Smt. Aparajita Sarangi

SECTION Section 981

Untitled Section

7.Shri Rajendra Agrawal

SECTION Section 982

Untitled Section

8.Shri Rattan Lal Kataria

•RAJYA SABHA

SECTION Section 983

Untitled Section

9.Shri Ghanshyam Tiwari

SECTION Section 984

Untitled Section

10.Shri G.V.L. Narasimha Rao

SECTION Section 985

Untitled Section

11.Shri Mahesh Jethmalani

SECTION Section 986

Untitled Section

12.Dr. Radha Mohan Das Agarwal

SECTION Section 987

Untitled Section

13.Shri Vivek K. Tankha

SECTION Section 988

Untitled Section

14.Shri Narain Dass Gupta

SECTION Section 989

Untitled Section

15.Shri Sujeet Kumar

•SECRETARIAT

SECTION Section 99

Untitled Section

•Section 4 - whoever shall

•keep in his possession any

•such press as aforesaid, in

•contravention of any of the

•provisions contained in

SECTION Section 990

Untitled Section

1.Shri Vinay Kumar Mohan - Joint Secretary

SECTION Section 991

Untitled Section

2.Shri H. Ram Prakash - Director

SECTION Section 992

Untitled Section

3.Shri Rahul Singh - Deputy Secretary

SECTION Section 993

Untitled Section

4.Smt. Maya Menon - Under Secretary

•408

•WITNESSES

•Sl

•No

•Ministry/Department Representatives

SECTION Section 994

Untitled Section

1.Ministry of Finance

•(Department of Financial

•Services)

i.Shri Suchindra Misra – Additional

•Secretary

ii.Shri Pankaj Sharma – Joint Secretary

SECTION Section 995

Untitled Section

2.Ministry of Finance

•(Department of Economic Affairs)

i.Shri Rajeev Saksena – Joint Secretary

ii.Ms. Aparna Bhatia – Advisor

SECTION Section 996

Untitled Section

3.Ministry of Finance

•(Department of Revenue)

i.Shri Ritvik Pandey – Joint Secretary

ii.Shri Amit Gunvant Bhole – Deputy

•Secretary

SECTION Section 997

Untitled Section

4.Ministry of Commerce & Industry

•(Department for Promotion of

•Industry & Internal Trade )

i.Ms. Manmeet K. Nanda - Joint

•Secretary

ii.Ms. Supriya Devasthali - Director

SECTION Section 998

Untitled Section

5.Ministry of Law & Justice

i.Shri K.R. Saji Kumar – Joint Secretary

•and Legislative Counsel, Legislative

•Department

ii.Dr. Amit Tyagi – Deputy Legal Advisor,

•Department of Legal Affairs

SECTION Section 999

Untitled Section

2.At the outset, the Chairperson welcomed the Members and Officials/Representatives

•of the Ministries to the Sitting convened to have briefing about the proposed amendments

•pertaining to the Acts enforced by respective Departments in the Schedule of the Jan

•Vishwas (Amendment of Provisions) Bill, 2022. The Chairperson also informed about the

•Confidentiality Clause of the proceedings and need to keep away from the Press until th e

•Report is presented to Houses.