The Jan Vishwas (Amendment of Provisions) Bill, 2026 |The LexSphere Library

SECTION Section 1

Untitled Section

•5

•THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2026

•A

•BILL

•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 -seventh Year of the Republic of

•India as follows:—

SECTION Section 10

Untitled Section

5.1903 7 The Works

•of Defence

•Act, 1903

•For section 36, the following section s shall be

•substituted, namely:—

•“36. Punishments.—(1) Whoever wilfully—

(a)obstructs any person in doing any of the acts

•authorised by section 4, section 6 or section 8; or

(b)destroys, damages, alters or otherwise

•interferes with the ground level or any work

•done under section 6,

•shall be liable to penalty which may extend to

•two thousand and five hundred rupees, and in case

•of continuing contravention, with an

•additional penalty of two hundred and fifty rupees

•for every day after the first during which the

•contravention continues; and any expenses

•incurred in removing the effects of this

•contravention may be recovered from him in the

•manner provided by the law for the time being in

•force for the recovery of penalty.

(2)Whoever obstructs any person authorised under

SECTION Section 100

Untitled Section

•Section 404 Failure to comply

•with requisition to

•enclose land used for

•improper purposes.

•500/-

SECTION Section 1000

Untitled Section

291.(1) Where any building or part of a building is intended to be let in which

•any person has, within six weeks immediately preceding, been suffering from a

•dangerous disease, the person letting the building or part shall, before doing so,

•disinfect the same in such manner as the Chairperson may by general or special

•notice direct together with all articles therein liable to retain infection.

(2)For the purposes of this section the keeper of a hostel, lodging house,

•dharamshala, sarai, boarding house, guest house, hotel or club shall be deemed to

•have let to any person who is admitted as a guest therein that part of the building in

•which such person is permitted to reside.

•* * * * *

SECTION Section 1001

Untitled Section

293.No person while suffering from, or in circumstances in which he is likely

•to spread, any dangerous disease, shall—

(a)make, carry or offer for sale or take any part in the business of

•making, carrying or offering for sale, any article of food or drink or any

•medicine or drug for human consumption, or any article of clothing or bedding

•for personal use or wear; or

(b)take any part in the business of the washing or carrying of clothes.

•* * * * *

SECTION Section 1002

Untitled Section

296.No person shall—

(a)knowing that he is suffering from a dangerous disease expose other

•persons to the risk of infection by his presence or conduct in any public street

•or public place;

•275

(b)having the care of a person whom he knows to be suffering from a

•dangerous disease, cause or permit that person to expose other persons to the

•risk of infection by his presence or conduct in any such street or place as

•aforesaid;

(c)place or cause to b e placed in a dustbin or other receptacle for the

•deposit of rubbish, any matter which he knows to have been exposed to

•infection from a dangerous disease and which has not been disinfected

•properly;

(d)throw or cause to be thrown into any latrine or uri nal any matter

•which he knows to have been exposed to infection from a dangerous disease

•and which has not been disinfected properly.

•* * * * *

•Special conditions regarding essential services

298.(1) No person being a sweeper employed by the Co uncil shall in the

•absence of any contract authorising him so to do and without reasonable cause,

•resign his employment or absent himself from his duty without having given one

•month‟s notice to the Chairperson or shall neglect or without reasonable cause

•refuse to perform his duties.

(2)The Council may by resolution direct that on or from such date as may be

•specified in the resolution, the provisions of this section shall apply in the case of

•any specified class of persons employed by the Council whose functions are

•intimately concerned with public health or safety.

299.No sweeper, being employed for doing house scavenging of any building

•shall discontinue to do such house scavenging without reasonable cause or without

•having fourteen days‟ notice to his employer.

•* * * * *

•Disposal of dead animals

304.Whenever any animal in the charge of any person dies, the person in

•charge thereof shall within twenty-four hours either—

(a)convey the carcass to a place provided or appointed under section

•263 for the final disposal of the carcasses of dead animals; or

(b)give notice of the death to the Chairperson whereupon he shall

•cause the carcass to be disposed of on such fee as may be prescribed by the

Council.

•* * * * *

SECTION Section 1003

Untitled Section

307.(1) It shall be the duty of the father or mother of every child born in New

•Delhi and in default of the father or mother, of any relation of the child living in the

•same premises, and in default of such relation, of the person having charge of the

•child, to give to the best of his knowledge and belief to the registrar of t he area

•concerned within eight days after such birth, information containing such particulars

•as may be prescribed by bye-laws made in this behalf.

•Conditions of

•service of

•sweepers and

•certain other

•class of persons

•employed in

•municipal

service.

•Conditions of

•service of

•sweepers

•employed for

•doing house

scavenging.

•Disposal of

•dead animals.

•Information of

•births and

deaths.

•276

•Stacking or

•collecting

•inflammable

materials.

•Care of naked

lights.

•Discharging

•fireworks,

•fire-arms, etc.

•Prohibition of

•keeping market

•open without

•licence, etc.

•Prohibition of

•use of

•unlicensed

markets.

(2)It shall be the duty of the nearest relation present at the time of the death

•or in attendance during the last illness of any person dying in New Delhi and in

•default of such relation, of any person present or in attendance at the time of the

•death and of the occupier of the premises in which to his knowledge the death took

•place and in default of the person hereinbefore mentioned, of each inmate of such

•premises and of the undertaker or other person causing the corpse of the deceased

•person to be dispose d of, to give to the best of his knowledge and belief to the

•registrar of the area within which the death place information containing such

•particulars as may be prescribed by bye-laws made in this behalf.

(3)If a birth or death occurs in the hospital, none of the persons mentioned in

•sub-section (1) or, as the case may be, in sub -section (2) shall be bound to give

•information required by that sub -section, but it shall be the duty of the medical

•officer in charge of the hospital within twenty-four hours after the birth or death, to

•send to the officer authorised by the Chairperson, a notice containing such

•particulars as may be prescribed by bye-laws made in this behalf.

•* * * * *

•Prevention of fire, etc.

311.The Chairperson may, by public notice, prohibit in any case where such

•prohibition appears to him to be necessary for the prevention of danger to life or

•property, the stacking or collecting of wood, dry grass, straw or other inflammable

•materials, or the placing of mats or thatched huts or the lighting of fires in any place

•which may be specified in the notice.

312.No person shall set a naked light on or near any building in any public

•street or other public place in such manner as to cause danger of fire:

•Provided that nothing in this section shall be deemed to prohibit the use of

•lights for the purposes of illumination on the occasion of a festival or public or

•private entertainment.

313.No one shall discharge any fire-arm or let off fire-works or fire-balloons,

•or engage in any game in such manner as to cause or to be likely to cause danger to

•persons passing by or dwelling or working in the neighbourhood or risk of injury to

property.

•* * * * *

320.(1) No person shall keep open for public use any market in respect of

•which a licence is required by or under this Act without obtaining a licence therefor,

•or while the licence therefor is suspended or after the same has been cancelled.

(2)When a licence to open a private market is granted or refused or is

•suspended or cancelled the Chairperson shall cause a notice of the grant, refusal,

•suspension or cancellation to be posted in such language or languages as he thinks

•necessary in some conspicuous place by or near the entrance to the place to which

•the notice relates.

SECTION Section 1004

Untitled Section

321.No person knowing that market has been opened to the public without a

•licence having been obtained therefor when such licence is required by or

•under this Act or that the licence granted therefor is for the time being suspended or

•that it has been cancelled, shall sell or expose for sale any animal or article in such

market.

•277

322.(1) No animal or article shall be sold or exposed for sale within a distance

•of one hundred metres of any municipal market or licensed private market without

•the permission of the Chairperson.

(2)Any person contravening the provisions of sub-section (1) and any animal

•or article exposed for sale by such person may be summarily removed by or under

•the orders of the Chairperson or any officer or employee of the Council appointed

•by him in this behalf.

•* * * * *

SECTION Section 1005

Untitled Section

324.The Chairperson may prevent the entry in any market and shall expel

•therefrom, any person suffering from any dangerous disease, who sells or exposes

•for sale therein any article or who, not having purchased the same handles any article

•exposed for sale therein; and he may expel therefrom any person who is creating a

•disturbance therein.

•* * * * *

SECTION Section 1006

Untitled Section

346.No person shall obstruct or molest any person authorised or empowered

•by or under this Act or any person with whom the Council has lawfully contracted,

•in the execution of his duty or of anything which he is authorised or empowered or

•required to do by virtue or in consequence of any of the provisions of this Act, rules,

•regulations or any bye-law made thereunder, or in fulfilment of his contract, as the

•case may be.

•* * * * *

•Recovery of certain dues

363.In any case not expressly provided for in this Act or any bye-law made

•thereunder any sum due to the Council on account of any charge, costs, expenses,

•fees, rates or rent or on any other account under this Act or any such bye -law may

•be recoverable from any person from whom such sum is due as an arrear of tax

•under this Act:

•* * * * *

•Offences and penalties

369.(1) Whoever—

(a)contravenes any provision of any of the sections, sub -sections,

SECTION Section 1007

Untitled Section

•clauses, provisos or other provisions of this Act mentioned in the first column

•of the Table in the Tenth Schedule; or

(b)fails to comply with any order or direction lawfully given to him or

•any requisition lawfully made upon him under any of the said sections, sub -

•sections, clauses, provisos or other provisions, shall be punishable—

(i)with fine which may extend to the amount or with imprisonment

•for a term which may extend to the period, specified in that behalf in

•third column of the said Table or with both; and

•(ii) in the case of a continuing contravention or failure, with an

•additional fine which may extend to the amount specified in the fourth

•column of that Table for every day duri ng which such contravention or

•failure continues after conviction for the first such contravention

•or failure.

•Prohibition of

•business and

•trade near a

market.

•Power to expel

•disturbers, etc.,

•from markets.

•Prohibition of

•obstruction or

•molestation in

•execution of

work.

•Mode of

•recovery of

•certain dues.

•Punishment for

•certain offences.

•278

•General penalty.

•Certain offences

•to be cognizable.

•Duties of police

officers.

•Penalty for

•breaches of

•bye-laws.

(2)Notwithstanding anything contained in sub -section ( 1), whoever

•contravenes the provisions of sub -section (1) of section 221, or sub -section (1) of

SECTION Section 1008

Untitled Section

•section 224, or sub-section (1) of section 225 or sub -section (1) of section 229 or

SECTION Section 1009

Untitled Section

•section 244, in relation to any street which is a public street, shall be punishable with

•simple imprisonment which may extend to six months or with fine which may

•extend to five thousand rupees or with both.

(3)Any member, referred to in clauses (b) and (d) of sub-section (1) of section 4,

•who knowingly acquires, directly or indirectly, any share or interest in any contract

•made with, or any work done for the Council, shall be deemed to h ave committed

•offence made punishable under section 168 of the Indian Penal Code .

370.Whoever, in any case in which a penalty is not expressly provided by this

•Act, fails to comply with any notice, order or requisition issued under any provision

•thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable

•with fine which may extend to one hundred rupees, and in the case of a continuing failure

•or contravention, with an additional fine which may extend to twenty rupees for every

•day after the first during which he has persisted in the failure or contravention.

•* * * * *

SECTION Section 101

Untitled Section

•Section 406,

•sub-section

(1)

•Sale in municipal

•markets without

permission.

•200/-

SECTION Section 1010

Untitled Section

372.The Code of Criminal Procedure, 1973 shall apply to,—

(a)an offence under sub -section (5) of section 217 or section 237 or

•sub-section (1) of section 238 or sub-section (1) of section 239 or section 247

•or section 248 or section 249 or section 252;

(b)an offence under sub-section (1) of section 221 or sub-section (1) of

SECTION Section 1011

Untitled Section

•section 224 or sub-section (1) of section 225 or sub-section (1) of section 229

•or section 244 in relation to any street which is a public street,

•as if it were a cognizable offence—

(i)for the purposes of investigation of such offence; and

•(ii) for the purposes of all matters other than—

(1)matters referred to in section 42 of that Code; and

(2)arrest of a person, except on the complaint of, or upon

•information received from, such officer of the Council, not being below

•the rank of a Secretary as may be appointed by the Chairperson:

•Provided that no offence of the contravention of any condition subject

•to which sanction was accorded for the erection of any building or the

•execution of any work shall be cognizable, if such contravention relates to

•any deviation from any plan of such erection or execution sanctioned by the

•Chairperson which is compoundable on payment of any amount under the

•bye-laws relating to buildings made under this Act.

•* * * * *

382.It shall be the duty of all police officers, to give immediate information

•to the Chairperson of the commission of, or the attempt to commit any offence

•against this Act or any rule, regulation or bye-law made thereunder and to assist all

•municipal officers and other municipal employees in the exercise of their lawful

authority.

•* * * * *

SECTION Section 1012

Untitled Section

390.(1) Any bye-law made under this Act may provide that a contravention

•thereof shall be punishable—

(a)with fine which may extend to five hundred rupees; and

•45 of 1860.

•2 of 1974.

•279

(b)with fine which may extend to five hundred rupees and in the case of

•a continuing contravention, with an additional fine which may extend to

•twenty rupees for every day during which such contravention continues after

•conviction for the first such contravention;

(c)with fine which may extend to twenty rupees for every day during

•which the contravention continues, after the receipt of a notice from the

•Chairperson or any municipal officer duly authorised in that behalf, by the

•person contravening the bye -law requiring such person to discontinue such

•contravention:

•Provided that a contravention of any bye-law relating to the road transport

•services may be punishable with imprisonment which may extend to three

•months, or with fine which may extend to fifteen hundred rupees, or with both.

(2)Any such bye-law may also provide that a person contravening the same

•shall be required to remedy so far as lies in his power, the mischief, if any, caused

•by such contravention.

•* * * * *

•THE FOURTH SCHEDULE

•[See section 88(1)]

•TAX ON ADVERTISEMENTS OTHER THAN ADVERTISEMENTS PUBLISHED IN THE NEWSPAPERS

S.

No.

•Particulars Maximum

•amount of

•tax per

•annum

Rs.

SECTION Section 1013

Untitled Section

1.Non-illuminated advertisements on land, building, wall,

•hoardings, frame post, structures, etc.:—

(a)For a space upto 10 sq. ft. 18

(b)For a space over 10 sq. ft. and upto 25 sq. ft. 30

(c)For every additional 25 sq. ft. or less 30

SECTION Section 1014

Untitled Section

2.Non-illuminated advertisements carried on vehicles,

•drawn by bullocks, horses or other animal, human beings,

•cycle or any other device, carried on any vehicle or

•tramcar—

(a)For space upto 50 sq. ft. 120

(b)For every additional 50 sq. ft. or less 120

SECTION Section 1015

Untitled Section

3.Illuminated advertisement boards carried on vehicles—

(a)For a space upto 50 sq. ft. 240

(b)For every additional 50 sq. ft. or less 240

SECTION Section 1016

Untitled Section

4.Non-illuminated advertisement boards, carried

•by sandwich boardmen—

(a)For each board not exceeding 10 sq. ft. 24

(b)For each board exceeding 10 sq. ft. and upto 35

sq.ft.

•48

(c)For each additional 10 sq. ft. in area or less 24

•280

S.

No.

•Particulars Maximum

•amount of

•tax per

•annum

Rs.

SECTION Section 1017

Untitled Section

5.Illuminated advertisement boards, carried by sandwich

•boardmen—

(a)For each board not exceeding 10 sq. ft. 48

(b)For each board exceeding 10 sq. ft. and upto 25

sq.ft.

•96

(c)For each additional 10 sq. ft. or less. 48

SECTION Section 1018

Untitled Section

6.Illuminated advertisements on land, building, wall or

•hoarding, frame, post, structures, etc.—

(a)For a space over 2 sq. ft. 24

(b)For a space over 2 sq. ft. and upto 5 sq. ft. 48

(c)For a space over 5 sq. ft. and upto 25 sq. ft. 60

(d)For every additional 25 sq. ft. or less. 60

SECTION Section 1019

Untitled Section

7.Advertisements exhibited on screen in cinema houses and

•other public places by means of lantern slides or similar

•devices—

(a)For a space upto 5 sq. ft. 96

(b)For a space over 5 sq. ft. and upto 25 sq. ft. 120

(c)For every additional 25 sq. ft. or less 120

SECTION Section 102

Untitled Section

•Section 407,

•sub-sections

(1)and (2)

•Use of places as

•private markets without

•a licence and use of

•places other than a

•municipal slaughter

•house as slaughter

houses.

•500/-

•39

(1)(2) (3) (4) (5)

(1)(2) (3)

SECTION Section 1020

Untitled Section

8.Non-illuminated advertisements suspended across streets—

(a)For a space upto 10 sq. ft. 18

(b)For a space over 10 sq. ft. and upto 25 sq. ft. 30

(c)For every additional 25 sq. ft. or less 30

N.B. The tax for item 8 will be in addition to

•the space will be chargeable according to the

•scale to be determined by the Chairperson.

SECTION Section 1021

Untitled Section

9.Non-illuminated advertisements hoarding standing blank

•but bearing the name of the advertiser or with the

•announcement “To be let” displayed thereon—

(a)For a space upto 10 sq. ft. 9

(b)For a space over 10 sq. ft. and upto 25 sq. ft. 15

(c)For every additional 25 sq. ft. or less 15

SECTION Section 1022

Untitled Section

10.Permission to auctioneers to put up not more than two

•boards or reasonable size advertising each auction sale,

•other than those in premises where the auction is held, one

•on a prominent site in the locality and one on municipal

•lamp post.

•200

•including

•the rent for

•exhibiting

•the board

•on a

•municipal

•lamp post.

•281

•THE TENTH SCHEDULE

•[See section 369 (1)]

•PENALTIES

Explanation.—The entries in the second column of the following table headed “Subject” are not intended as

•definitions of the offences prescribed in the provisions mentioned in the first column or even as abstracts of those

•provisions, but are inserted merely as reference to the subject thereof:—

•Table

•Section,

•sub-section,

SECTION Section 1023

Untitled Section

•clause or

•proviso

•Subject Fine or imprisonment

•which may be

•imposed

•Daily

•fine which

•may be

•imposed

•1 2 3 4

Rs.Rs.

SECTION Section 1024

Untitled Section

•Section 74,

•sub-sections (1)

•and (2)

•Failure to give notice of transfer or

•devolution of land or building

•50 —

SECTION Section 1025

Untitled Section

•Section 74,

•sub-section (3)

•Failure to produce instrument of transfer 50 —

SECTION Section 1026

Untitled Section

•Section 75 Failure to give notice of erection of new building, etc. 50 —

SECTION Section 1027

Untitled Section

•Section 76 Failure to give notice of demolition or removal of

•building

•50 —

SECTION Section 1028

Untitled Section

•Section 77 Failure to comply with requisition to furnish

•information, etc.

•50 —

SECTION Section 1029

Untitled Section

•Section 81,

•sub-section (2)

•Wilful delay or obstruction of valuers 50 —

SECTION Section 103

Untitled Section

•Section 407,

•sub-section

(2), proviso

(a)

•Non-compliance

•with conditions

•imposed by

Commissioner.

•200/-

SECTION Section 1030

Untitled Section

•Section 89 Prohibition of advertisement without

•permission

•200 5

SECTION Section 1031

Untitled Section

•Section 114 Failure to give notice of vacant land or building 50 5

SECTION Section 1032

Untitled Section

•Section 119,

•sub-section (2)

•Non-compliance with the requisition of attendance

•before the Chairperson

•50 —

SECTION Section 1033

Untitled Section

•Section 122 Failure to disclose liability 100 —

SECTION Section 1034

Untitled Section

•Section 148 Use for non-domestic purposes of water supplied for

•domestic purposes

•100 5

SECTION Section 1035

Untitled Section

•Section 152,

•sub-section (1)

•Non-compliance with the requisition to take water

•supply

•200 20

SECTION Section 1036

Untitled Section

•Section 153 Prohibition to occupy new premises without

•arrangement for water supply

•200 20

SECTION Section 1037

Untitled Section

•Section 164 Waste or misuse of water 50 —

SECTION Section 1038

Untitled Section

•Section 165 Refusal of admittance, etc. 100 —

SECTION Section 1039

Untitled Section

•Section 168,

•sub-section (1)

•Laying of water pipes, etc., in a position

•where pipes may be injured or water therein polluted

•100 10

•282

•1 2 3 4

SECTION Section 104

Untitled Section

•Section 415 Carrying on

•butcher’s, fish-monger’s

•or poulterer’s trade

•without licence etc.

•200/-

SECTION Section 1040

Untitled Section

•Section 168,

•sub-section (2)

•Construction of latrines, etc., in a position where

•pipes may be injured or water therein polluted

•100 —

SECTION Section 1041

Untitled Section

•Section 173 Injury to, or interference with free flow of contents

•of municipal drain of drains communicating with

•municipal drain

•50 —

SECTION Section 1042

Untitled Section

•Section 174,

•sub-section (2)

•Private drain not to be connected with municipal

•drain without notice

•50 —

SECTION Section 1043

Untitled Section

•Section 175 Non-compliance with requisition for

•drainage of undrained premises

•100 25

SECTION Section 1044

Untitled Section

•Section 176 Erection of new premises without drain 1000 —

SECTION Section 1045

Untitled Section

•Section 177 Non-compliance with requisition of maintenance of

•drainage works for any group or block of premises

•50 5

SECTION Section 1046

Untitled Section

•Section 178 Non-compliance with directions to close or limit the

•use of private drains in certain cases

•50 5

SECTION Section 1047

Untitled Section

•Section 179 Non-compliance with Chairperson ’s orders

•regarding the use of a drain by a person other than the

•owner thereof

•50 —

SECTION Section 1048

Untitled Section

•Section 180 Non-compliance with requisition for keeping sewage

•and rain water drains distinct

•50 —

SECTION Section 1049

Untitled Section

•Section 181 Non-compliance with requisition for the pavement of

•courtyard, etc.

•50 —

SECTION Section 105

Untitled Section

•Section 416 Establishment of

•factory, etc., without

Permission.

•5000/-

SECTION Section 1050

Untitled Section

•Section 183 Connection with municipal water works or drains

•without written permission

•200 50

SECTION Section 1051

Untitled Section

•Section 186,

•sub-section (4)

•Non-compliance with requisition to close, remove or

•divert a pipe or drain

•50 5

SECTION Section 1052

Untitled Section

•Section 193,

•sub-section (1)

•Execution of work by a person other than a licensed

•plumber

•200 —

SECTION Section 1053

Untitled Section

•Section 193,

•sub-section (2)

•Failure to furnish when required, name of licensed

•plumber employed

•100 —

SECTION Section 1054

Untitled Section

•Section 193,

•sub-section (6)

•Licensed plumbers not to demand more than the

•charges prescribed

•100 —

SECTION Section 1055

Untitled Section

•Section 193,

•sub-section (8)

•Licensed plumbers not to contravene bye-laws or

•execute work carelessly or negligently, etc.

•100 —

SECTION Section 1056

Untitled Section

•Section 194 Prohibition of wilful or neglectful acts relating to

•water or sewage works

•100 —

SECTION Section 1057

Untitled Section

•Section 209,

•sub-section (3)

•Construction of building within the regular line of

•street without permission

•1000 10

•283

•1 2 3 4

SECTION Section 1058

Untitled Section

•Section 211 Failure to comply with requisition to set back

•buildings to regular line of street

•200 50

SECTION Section 1059

Untitled Section

•Section 214 Failure to comply with requisition to set forward

•buildings to regular line of street

•200 10

SECTION Section 106

Untitled Section

•Section 417 Certain things not to

•be kept and certain

•trades and operations

•not to be carried on

•without a licence.

•1000/-

SECTION Section 1060

Untitled Section

•Section 217,

•sub-sections (5)

•Utilising, selling or otherwise dealing with any land

•or laying out a private street otherwise than in

•conformity with orders of the Council

•Rigorous

•imprisonment which

•may extend to three

•years

•—

SECTION Section 1061

Untitled Section

•Section 218,

•sub-section ( 1),

SECTION Section 1062

Untitled Section

•clauses (a) and

(b)

•Failure to comply with requisition to show cause

•for alteration of street or for a appearance before the

•Chairperson

•50 5

SECTION Section 1063

Untitled Section

•Section 219,

•sub-section (1)

•Failure to comply with requisition on owner of

•private street or owner of adjoining land or building

•to level, etc., such street

•100 10

SECTION Section 1064

Untitled Section

•Section 221,

•sub-section (1)

•Prohibition of projections upon streets, etc. 200 —

SECTION Section 1065

Untitled Section

•Section 221,

•sub-section (2)

•Failure to comply with requisition to remove

•projections from streets

•200 —

SECTION Section 1066

Untitled Section

•Section 222,

•sub-section (2)

•Failure to comply with requisition to remove a

•verandah, balcony, etc., put up in accordance with

SECTION Section 1067

Untitled Section

•section 221(1)

•200 —

SECTION Section 1068

Untitled Section

•Section 223 Failure to comply with requisition to have ground

•floor doors, etc., so altered as not to open outwards

•50 —

SECTION Section 1069

Untitled Section

•Section 224,

•sub-section (1)

•Erection, etc., of structures of fixtures which cause

•obstruction in streets

•200 10

SECTION Section 107

Untitled Section

•Section 418,

•sub-section

(3)

•Keeping,

•abandonment or

•tethering of animals,

etc.

•200/-

SECTION Section 1070

Untitled Section

•Section 225 Deposit, etc., of things in streets 100 —

SECTION Section 1071

Untitled Section

•Section 227,

•sub-sections (1)

•and (2)

•Tethering of animals and milking of cattle in public

•streets

•100 5

SECTION Section 1072

Untitled Section

•Section 228,

•sub-section (4)

•Unlawful removal of bar or shorting timber, etc., or

•removal or extinction of light

•50 —

SECTION Section 1073

Untitled Section

•Section 229,

•sub-section (1)

•Streets not to be opened or broken and building

•materials not to be deposited thereon without

•permission

•200 10

SECTION Section 1074

Untitled Section

•Section 231,

•sub-section (2)

•Name of street and number of house not to be

•destroyed or defaced, etc.

•50 —

SECTION Section 1075

Untitled Section

•Section 232,

•sub-section (1)

•Failure to comply with requisition to repair, protect

•or enclose a dangerous place

•100 25

SECTION Section 1076

Untitled Section

•Section 234,

•sub-section (1)

•Removal, etc., of lamps 100 —

•284

•1 2 3 4

SECTION Section 1077

Untitled Section

•Section 234,

•sub-section (2)

•Wilfully and negligently extinguishing lights in

•public streets, etc.

•50 —

SECTION Section 1078

Untitled Section

•Section 237,

•sub-section (1)

•Erection of a building without the sanction of the

•Chairperson

•Simple imprisonment

•which may extend to

•six months or with fine

•which may extend to

Rs.5000 or with both

•—

SECTION Section 1079

Untitled Section

•Section 237,

•sub-section (2)

•Use of inflammable materials without

•permission

•100 —

SECTION Section 108

Untitled Section

•Section 419,

•sub-section

(5)

•Use of premises in

•contravention of

declaration.

•500/-

SECTION Section 1080

Untitled Section

•Section 238,

•sub-section (1)

•Failure to give notice of intention to erect a building Simple imprisonment

•which may extend to

•six months or with fine

•which may extend to

Rs.5000 or with both

•—

SECTION Section 1081

Untitled Section

•Section 239,

•sub-section (1)

•Failure to give notice of intention to make

•additions, etc., to buildings

•Simple imprisonment

•which may extend to

•six months or with fine

•which may extend to

Rs.5000 or with both

•—

SECTION Section 1082

Untitled Section

•Section 242,

•sub-section (4)

•Commencement to work without notice, etc. 10000 500

SECTION Section 1083

Untitled Section

•Section 244 Failure to comply with requisition to round off

•buildings at corners of streets

•100 5

SECTION Section 1084

Untitled Section

•Section 245,

•sub-section (1)

•Erection of buildings on new streets without

•levelling

•1000 —

SECTION Section 1085

Untitled Section

•Section 245,

•sub-section (1)

•Erection of buildings or execution of work within

•regular line of street or in contravention of any

•scheme or plan

•1000 —

SECTION Section 1086

Untitled Section

•Section 247 Failure to demolish buildings erected without

•sanction or erection of buildings in contravention

•of order

•Simple imprisonment

•which may extend to

•six months or with fine

•which may extend to

Rs.5000 or with

•both

•—

•285

•1 2 3 4

SECTION Section 1087

Untitled Section

•Section 248 Erection of buildings in contravention of conditions of

•sanction, etc.

•Simple imprisonment

•which may extend to six

•months or with fine

•which may extend to Rs.

•5000 or with both

•—

SECTION Section 1088

Untitled Section

•Section 249 Failure to carry out a alterations Simple imprisonment

•which may extend to six

•months or with fine

•which may extend to Rs.

•5000 or with both

•—

SECTION Section 1089

Untitled Section

•Section 251,

•sub-sections (1)

•and (2)

•Non-compliance with provision as to completion

•certificates, occupation or use, etc.,

•without permission

•200 10

SECTION Section 109

Untitled Section

•Section 420 Hawking articles for

•sale without a licence,

etc.

•200/-

SECTION Section 1090

Untitled Section

•Section 252 Non-compliance with restrictions on user of buildings Simple imprisonment

•which may extend to six

•months or with fine

•which may extend to Rs.

•5000 or with both

•—

SECTION Section 1091

Untitled Section

•Section 258,

•sub-sections (1)

•and (2)

•Failure to comply with requisition to remove

•structures which are in ruins or likely to fall

•500 20

SECTION Section 1092

Untitled Section

•Section 259,

•sub-section (1)

•Failure to comply with requisition to vacate buildings

•in dangerous conditions, etc.

•200 —

SECTION Section 1093

Untitled Section

•Section 264 Failure to provide for collection, removal and deposit

•of refuse and provision of receptacles

•50 —

SECTION Section 1094

Untitled Section

•Section 265,

•sub-section (1)

•Failure to collect and remove filth and polluted matter 50 —

SECTION Section 1095

Untitled Section

•Section 265,

•sub-section (3)

•Scavenger‟s duties in certain cases not to be

•discharged by any person without permission

•25 —

SECTION Section 1096

Untitled Section

•Section 266 Failure to comply with requisition for removal of

•rubbish, etc., from premises used as market, etc.

•100 —

SECTION Section 1097

Untitled Section

•Section 267,

•sub-section (1)

•Keeping rubbish and filth for more than twenty-four

•hours, etc.

•50 10

SECTION Section 1098

Untitled Section

•Section 267,

•sub-section (2)

•Allowing filth to flow in streets 50 —

SECTION Section 1099

Untitled Section

•Section 267,

•sub-section (3)

•Depositing rubbish or filth, etc., in street, etc. 50 —

•286

•1 2 3 4

SECTION Section 11

Untitled Section

•section 4, section 6, or section 8, by using or

•threatening to use force, or by any act of physical

•interference that prevents such officer from

•exercising any lawful power or performing any lawful

•duty under this Act, or contravenes any of the

•provisions of section 7 or any cond ition prescribed

•thereunder, shall be punishable with imprisonment of

•either description for a term which may extend to one

•month, or with fine which may extend to two

•thousand and five hundred rupees, and in case of

•continuing offence, with an additional fine of two

•hundred and fifty rupees for every day after the first

•during which the contravention continues; and any

•expenses incurred in removing the effects of his

•offence may be recovered from him in the manner

•provided by the law for the time being in force for the

•recovery of fines.

•12

(1)(2) (3) (4) (5)

Explanation.––For the purposes of this section,

•obstruction shall not include any act or omission

•arising from physical or mental incapacity,

•unintentional conduct, or circumstances beyond the

•person’s control.”.

36A.Adjudication of penalties.––For the purpose

•of adjudicating penalties under sub -section ( 1) of

SECTION Section 110

Untitled Section

•Section 421 Keeping a lodging

•house, eating house,

•tea shop, etc., without

•licence or contrary to

licence.

•1000/-

SECTION Section 1100

Untitled Section

•Section 271,

•sub-section (1)

•Latrines and urinals not to be constructed without

•permission or in contravention of terms prescribed

•200 —

SECTION Section 1101

Untitled Section

•Section 272,

•sub-section (1)

•Failure to provide buildings newly erected or re-

•erected with latrine, urinal and other

•accommodation

•500 —

SECTION Section 1102

Untitled Section

•Section 272,

•sub-section (3)

•Failure to provide residential buildings composed

•of separate tenements with latrine, bathing or

•washing place for servants on the ground floor

•500 —

SECTION Section 1103

Untitled Section

•Section 273 Failure to provide latrines for premises used by

•large number of people and to keep them clean and

•in proper order

•100 20

SECTION Section 1104

Untitled Section

•Section 274 Failure to comply with requisition to provide

•latrines for market, cattle shed, cart stand, etc., and

•to keep them clean and in proper order

•100 20

SECTION Section 1105

Untitled Section

•Section 275,

SECTION Section 1106

Untitled Section

•clauses (a), (b),

(c)and (d)

•Failure to comply with requisition to enforce

•provision of latrine or urinal accommodation, etc.

•100 10

SECTION Section 1107

Untitled Section

•Section 276,

•sub-section (2)

•Failure to comply with requisition for removal of

•congested buildings

•1000 —

SECTION Section 1108

Untitled Section

•Section 277 Failure to comply with requisition to

•improve buildings unfit for human habitation

•1000 —

SECTION Section 1109

Untitled Section

•Section 279,

•sub-sections (1),

(2), (3) and

(4)

•Failure to comply with order of demolition of

•buildings unfit for human habitation

•1000 —

SECTION Section 111

Untitled Section

•Section 422 Keeping open

•theatre, circus or other

•place of public

•amusement without

•licence or contrary to

•terms of licence.

•1000/-

SECTION Section 1110

Untitled Section

•Section 280 Failure to comply with requisition of the

•Chairperson to remove insanitary huts and sheds,

etc.

•100 15

SECTION Section 1111

Untitled Section

•Section 281,

•sub-section (1)

•Prohibition against washing by washerman 25 —

SECTION Section 1112

Untitled Section

•Section 282 Failure to give information of dangerous disease 100 —

SECTION Section 1113

Untitled Section

•Section 284 Failure to comply with requisition to cleanse and

•disinfect buildings or articles

•50 —

SECTION Section 1114

Untitled Section

•Section 285 Failure to comply with requisition to destroy

•infectious huts or sheds

•50 —

SECTION Section 1115

Untitled Section

•Section 286 Washing of clothing, bedding, etc., at any place not

•notified by the Chairperson

•25 —

•287

•1 2 3 4

SECTION Section 1116

Untitled Section

•Section 288,

•sub-section (1)

•Sending infected clothes to washerman or laundry 25 —

SECTION Section 1117

Untitled Section

•Section 288,

•sub-section (2)

•Failure to furnish address of washerman or laundry

•to which clothes have been sent

•25 —

SECTION Section 1118

Untitled Section

•Section 289,

•sub-sections (1),

(2)and (3)

•Use of public conveyances by persons suffering

•from a dangerous disease, etc.

•50 —

SECTION Section 1119

Untitled Section

•Section 291 Failure to disinfect buildings before letting the same 100 —

SECTION Section 112

Untitled Section

•Section 430,

•sub-section

(5)

•Failure to produce

•licence or written

permission.

•100/-

SECTION Section 1120

Untitled Section

•Section 292 Disposal of infected articles without

•disinfection

•50 —

SECTION Section 1121

Untitled Section

•Section 293 Making or selling of food, etc., or washing of clothes

•by infected persons

•50 —

SECTION Section 1122

Untitled Section

•Section 294 Sale of food or drink in contravention of restriction

•or prohibition of Chairperson

•50 —

SECTION Section 1123

Untitled Section

•Section 295 Removal or use of water from wells and tanks in

•contravention of prohibition of Chairperson

•50 —

SECTION Section 1124

Untitled Section

•Section 296 Exposure of persons to risk of infection by the

•presence or conduct of a person suffering from a

•dangerous disease, etc.

•100 —

SECTION Section 1125

Untitled Section

•Section 297 Removal of infectious corpses in

•contravention of the provisions of the section

•50 —

SECTION Section 1126

Untitled Section

•Section 298,

•sub-sections (1)

•and (2)

•Absence of sweepers, etc., from duty without notice Imprisonment which

•may extend to one

•month

•—

SECTION Section 1127

Untitled Section

•Section 299 A sweeper employed for doing house scavenging

•not to discontinue work without notice

•10 —

SECTION Section 1128

Untitled Section

•Section 300 Failure to supply information by persons incharge of

•burning or burial grounds

•50 —

SECTION Section 1129

Untitled Section

•Section 301 Use of new burning or burial ground without

•permission

•50 —

SECTION Section 113

Untitled Section

•Section 437 Obstruction in

•execution of work.

•500/-

SECTION Section 1130

Untitled Section

•Section 302,

•sub-section (1)

•Failure to comply with requisition to close a burning

•or burial ground

•50 —

SECTION Section 1131

Untitled Section

•Section 302,

•sub-section (2)

•Burning or burial of corpses in a burning or burial

•ground after it has been closed

•50 —

SECTION Section 1132

Untitled Section

•Section 303 Removal of corpses by other than prescribed routes 25 —

SECTION Section 1133

Untitled Section

•Section 304,

SECTION Section 1134

Untitled Section

•clause (b)

•Failure to give notice for removal of carcasses of

•dead animals

•10 —

•288

•1 2 3 4

SECTION Section 1135

Untitled Section

•Section 307,

•sub-sections (1)

•and (2)

•Failure to give information of births and deaths 50 —

SECTION Section 1136

Untitled Section

•Section 308,

•sub-sections (1),

(2)and (3)

•Commission of nuisances 50 —

SECTION Section 1137

Untitled Section

•Section 309 Failure to comply with requisition for removal or

•abatement of nuisance

•500 25

SECTION Section 1138

Untitled Section

•Section 310,

•sub-section (4)

•Dogs not to be at large in a street without being

•secured by a chain lead

•50 —

SECTION Section 1139

Untitled Section

•Section 310,

•sub-section (5)

•Ferocious dogs at large without being muzzled, etc. 100 —

SECTION Section 114

Untitled Section

•Section 444,

•sub-section

(4)

•Failure to comply

•with requisition to state

•the name and address

•of owners of premises.

•200/-

•40

(1)(2) (3) (4) (5)

(1)(2) (3)

SECTION Section 1140

Untitled Section

•Section 311 Staking inflammable material in

•contravention of prohibition

•50 —

SECTION Section 1141

Untitled Section

•Section 312 Setting a naked light 50 —

SECTION Section 1142

Untitled Section

•Section 313 Discharging fireworks, firearms, etc., likely to

•cause danger

•50 —

SECTION Section 1143

Untitled Section

•Section 314 Failure to comply with requisition to render

•buildings, wells, etc., safe

•50 —

SECTION Section 1144

Untitled Section

•Section 315 Failure to comply with requisition to enclose land

•used for improper purposes

•50 —

SECTION Section 1145

Untitled Section

•Section 317,

•sub-section (1)

•Sale in municipal markets without

•permission

•200 —

SECTION Section 1146

Untitled Section

•Section 318,

•sub-sections (1)

•and (2)

•Use of places as private markets without a licence

•and use of places other than a municipal slaughter

•house as slaughter houses

•500 25

SECTION Section 1147

Untitled Section

•Section 318,

•sub-section (2)

•proviso (a)

•Non-compliance with conditions imposed by

•Chairperson

•50 —

SECTION Section 1148

Untitled Section

•Section 320 Keeping market open without licence, etc. 2000 —

SECTION Section 1149

Untitled Section

•Section 321 Sale in unlicensed market 50 —

SECTION Section 115

Untitled Section

•Section 495 Obstruction of

•Mayor or any

•municipal authority,

etc.

•500/-

SECTION Section 1150

Untitled Section

•Section 322 Carrying on business or trade near a market 50 —

SECTION Section 1151

Untitled Section

•Section 324 Failure of person in charge of markets to expel lepers

•and disturbers from the market

•50 —

SECTION Section 1152

Untitled Section

•Section 325 Carrying on butcher‟s, fishmonger‟s or

•poluterer‟s trade without licence, etc.

•100 10

SECTION Section 1153

Untitled Section

•Section 326 Establishment of factory, etc., without

•permission

•5000 50

•289

•1 2 3 4

SECTION Section 1154

Untitled Section

•Section 327 Certain things not to be kept and certain trades and

•operations not to be carried on without a licence

•1000 100

SECTION Section 1155

Untitled Section

•Section 328,

•sub-section (3)

•Keeping, abandonment or tethering of

•animals, etc.

•100 —

SECTION Section 1156

Untitled Section

•Section 329,

•sub-section (5)

•Use of premises in contravention of

•declaration

•500 —

SECTION Section 1157

Untitled Section

•Section 330 Hawking articles for sale without a licence, etc. 100 —

SECTION Section 1158

Untitled Section

•Section 331 Keeping a lodging house, eating house, tea shop,

etc., without licence or contrary to licence

•100 —

SECTION Section 1159

Untitled Section

•Section 332 Keeping open theatre, circus or other place of

•public amusement without licence or contrary to

•terms of licence

•500 50

SECTION Section 116

Untitled Section

•Section 496 Removal of any

•mark set up for

•indicating level, etc.

•200/-

SECTION Section 1160

Untitled Section

•Section 339,

•sub-section (5)

•Failure to produce licence or written

•permission

•50 5

SECTION Section 1161

Untitled Section

•Section 340 Preventing the Chairperson or any person

•authorised in this behalf from exercising his powers

•of entry, etc.

•50 —

SECTION Section 1162

Untitled Section

•Section 341 Preventing the Chairperson or any person

•authorised in this behalf from exercising his power

•of entry upon any adjoining land

•50 —

SECTION Section 1163

Untitled Section

•Section 346 Obstruction or molestation in execution of work 200 —

SECTION Section 1164

Untitled Section

•Section 353,

•sub-section (4)

•Failure to comply with requisition to state the name

•and address of owner of premises

•50 —

SECTION Section 1165

Untitled Section

•Section 364,

•sub-section (3)

•Failure of occupier of land or building to afford

•owner facilities for complying with provisions of

•the Act, etc., after eight days from issue of order by

•district judge

•200 50

SECTION Section 1166

Untitled Section

•Section 404 Obstruction of Chairperson or a member, etc. 200 —

SECTION Section 1167

Untitled Section

•Section 405 Removal of any mark set up for indicating level,

etc.

•100 —

SECTION Section 1168

Untitled Section

•Section 406 Removal, etc., of notice exhibited by or under

•orders of the Council, Chairperson, etc.

•50 —

SECTION Section 1169

Untitled Section

•Section 407 Unlawful removal of earth, sand or other material

•or deposit of any matter or making of any

•encroachment from any land vested in

•the Council.

•50 —

•————

•290

Penalties.

•Offences by

companies.

•EXTRACTS FROM THE LALIT KALA AKADAMI (TAKING OVER OF MANAGEMENT)

•ACT, 1997

•(17 OF 1997)

•* * * * *

SECTION Section 117

Untitled Section

•Section 497 Removal etc., of

•notice exhibited by or

•under orders of the

•Corporation,

•Commissioner, etc.

•100/-

SECTION Section 1170

Untitled Section

•CHAPTER III

•MISCELLANEOUS

SECTION Section 1171

Untitled Section

8.Any person who,—

(a)having in his possession or custody or under his control any property

•forming part of the society, wrongfully withholds such property from the

•Administrator or any person authorised under this Act; or

(b)wrongfully obtains possession of any such propert; or

(c)wilfully retains, or fails to deliver, any property forming part of the

•society or removes or destroys it; or

(d)wilfully withholds or fails to account for any books, papers, works

•of art or other documents which may be in his possession or custody or under

•his control to the Administrator or any person authorised under this Act; or

(e)fails, without any reasonable c ause, to furnish information or

•particulars as provided in sub-section (6) of section 4,

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

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

SECTION Section 1172

Untitled Section

9.(1) Where an of fence 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 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 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 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

•neglect on the part of any director, manager, secretary or other officer of the

•company, such director, manager, secretary or other officer shall be deemed to be

•guilty of that offen ce and shall be liable to be proceeded against and punished

accordingly.

Explanation.—For the purposes of this section,—

(a)“company” means an y 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.

•291

•13 of 1885

•45 of 1860.

•EXTRACTS FROM THE METRO RAILWAYS (OPERATION AND MAINTENANCE)

•ACT, 2002

•(60 OF 2002)

•* * * * *

2.(1) In this Act, unless the context otherwise requires,—

•* * * * *

(b)“Commissioner” means the Commissioner of the Metro Railway

•Safety appointed under section 7;

•* * * * *

(s)“telegraph line” shall have the meaning assigned to it in clause (4) of

SECTION Section 1173

Untitled Section

•section 3 of the Indian Telegraph Act, 1885

•* * * * *

10.The Commissioner shall be deemed to be a public servant within the

•meaning of section 21 of the Indian Penal Code.

•* * * * *

SECTION Section 1174

Untitled Section

•CHAPTER XI

•OFFENCES AND PENALTIES

SECTION Section 1175

Untitled Section

59.(1) If any person, in any carriage or upon any part of the metro railway,—

(a)is in a state of intoxication; or

(b)commits any nuisance or vandalism or act of indecency, or uses

•abusive or obscene language; or

(c)wilfully or without excuse interferes in any way with the comfort of

•any passenger,

•he shall be punishable with fine which may extend to five hundred rupees and shall also

•be liable to forfeiture of the fare which he may have paid or any pass or ticket which he

•may have obtained or purchased, or be removed from such carriage or part by any metro

•railway official authorised by the metro railway administration in this behalf.

•* * * * *

60.(1) If, in contravention of sub-section (1) of section 30, a person takes or

•causes to be taken any offensive material upon the metro railway, he shall be

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

•* * * * *

62.(1) * * * * *

(3)Whoever contravenes any of the provisions of sub -section ( 1) or

•sub-section ( 2), or on being asked by any metro railway official to leave any

•compartment, carriage or premises refuses to do so, 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.

•* * * * *

64.(1) If a person enters into or upon the metro railway without any lawful

•authority or having entered with lawful authority remains there unlawfully and

•refuses to leave on being requested to do so by any metro railway official, he shall

•be punishable with imprisonment for a term which may extend to three months, or

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

Definitions.

•Commissioner to

•be public

servant.

•Drunkenness or

•nuisance on

•metro railway.

•Penalty for

•taking or causing

•to take offensive

•material upon

•metro railway.

•Prohibition of

•demonstrations

•upon metro

railway.

•Penalty for

•unlawfully

•entering or

•remaining upon

•metro railway or

•walking on

•metro track.

•292

•Altering or

•defacing or

•counterfeiting

•pass or ticket.

•Defacing public

notices.

•Any sale of

SECTION Section 1176

Untitled Section

•articles on metro

railway.

•Penalty for

•unauthorised

•sale of tickets.

•Maliciously

•hurting or

•attempting to

•hurt persons

•travelling by

•metro railway.

•Power of arrest

•without warrant.

•Officials of

•metro railway

•administration to

•be public

servants.

(2)If any person walks on the metro track without any lawful authority, he

•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 1177

Untitled Section

71.If any person wilfully breaks the se curity code of any pass or ticket, or

•defaces or alters or counterfeits or duplicates it or acts in any way to cause revenue

•loss to metro railway, he shall be punishable with imprisonment for a term which

•may extend to six months.

SECTION Section 1178

Untitled Section

72.If any person without lawful authority—

(a)in this behalf pulls down or wilfully damages any board or

•documents set up or posted by the order of the metro railway administration

•on the metro railway, or any rolling stock; or

(b)obliterates or alters an y letters or figures upon any such board or

•document or upon any rolling stock,

•he shall be punishable with imprisonment which may extend to two months or with

•fine up to two hundred and fifty rupees, or with both.

SECTION Section 1179

Untitled Section

73.If any person sells or exposes for sale, any article whatsoever in any metro

•railway carriage or upon any part of the metro premises not authorised by metro

•railway administration for such purpose, he shall be punishable with fine which may

•extend to five hundred rupees, and in default of payment of fine, he shall be

•punishable with imprisonment which may extend to six months:

•Provided that, in the absence of special and adequate reasons to the contrary

•to be mentioned in the judgment of the court, such fine shall not be less than one

•hundred rupees.

•* * * * *

SECTION Section 118

Untitled Section

•Section 498 Unlawful removal

•of earth, sand or other

•material or deposit of

•any matter or making

•of any encroachment

•from any land vested in

•the Corporation.

•500/-”.

SECTION Section 1180

Untitled Section

75.If any person not being a metro railway official, or an agent authorised in

•this behalf under sub-section (2) of section 23 sells or attempts to sell any ticket in

•order to enable any other person to travel therewith, he shall be punishable for a

•term which may extend to three months, or fine which may extend to five

•hundred rupees, or with both, and shal l also forfeit the ticket which he sells or

•attempts to sell.

SECTION Section 1181

Untitled Section

76.If any person unlawfully throws or causes to fall or strike at, against, into

•or upon any rolling stock forming part of a train, any wood, stone or other matter or

•thing with intent, or with knowledge that it is likely to endanger the safety of any

•person being in or upon such rolling stock or in or upon any other rolling stock

•forming part of the same train, he shall be punishable with imprisonment for life or

•with imprisonment for a term which may extend to ten years.

•* * * * *

SECTION Section 1182

Untitled Section

82.(1) If a person commits any offence mentioned in sections 59, 61, sections

•65 to 68 and sections 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:

•* * * * *

SECTION Section 1183

Untitled Section

90.All persons in the employment of the metro railway administration shall,

•when actin g or purporting to act in pursuance of the provisions of this Act, be

•deemed to be public servants within the meaning of section 21 of the Indian

•Penal Code.

•* * * * *

•45 of 1860.

•293

•EXTRACTS FROM THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC)

•ACT, 2002

•(13 OF 2002)

•* * * * *

27.(1) Where a Highway Administration or the officer authorised by such

•Administration in this behalf has removed any unauthorised occupation or made any

•construction including alteration of construction in respect of any unauthorised

•occupation or repaired any damage under sub -section ( 2) of section 36, the

•expenditure incurred in such removal or repair together with fifteen per cent. of

•additional charges or any fine imposed under this Act shall be recoverable in the

•manner hereinafter provided in this section.

(2)The Highway Administration or th e officer authorised in this behalf by

•such Administration shall serve a copy of the bill in the prescribed form indicating

•therein the expenditure, additional charges or fine recoverable under sub-section (1)

•on the person from whom such expenditure, additional charges or fine is recoverable

•and the provisions of section 26 relating to the service of notice shall apply for the

•service of copy of the bill under this sub-section as if for the word “notice” the word

•“bill” has been substituted in that section.

•* * * * *

37.(1) * * * * *

(4)Any person who has unauthorised occupation on a highway land shall be

•summarily evicted by the Highway Administration in the manner specified in

SECTION Section 1184

Untitled Section

•section 26 for removal of unauthorised occupation and shall be liable to fine

•imposed by the Highway Administration which shall not be less than five hundred

•rupees per square metre of the unauthorisedly occupied land by him but which may

•be extended to the cost of such land.

SECTION Section 1185

Untitled Section

•CHAPTER VI

•REGULATION OF CONSTRUCTION ON HIGHWAY LAND FOR PUBLIC UTILITIES, DRAINS,

ETC.

38.(1) * * * * *

(4)If any person, in contravention of sub-section (1), makes any construction

•or carries out any other work, the Highway Administration may, at its own expenses,

•cause such construction or other work to be removed from the Highway and restore

•the Highway in the condition as it was immediately before giving permission for

•such construction or other work under sub -section (3) and such expenses together

•with fifteen per cent. thereof as additional charges and fine imposed by the Highway

•Administration taking into account the nature of the damages caused by such

•construction or other work, which shall not be less than five hundred rupees per

•square metre of land used for such construction or other work, but shall not exceed

•the cost of such land, shall be recovered from such person in accordance with the

•provisions contained in section 27 as if such expenses, additional charges and fine

•were the expenses, additional charges and fine recoverable under that section.

SECTION Section 1186

Untitled Section

•CHAPTER VII

•OFFENCE AND PENALTY

39.(1) If any person, who has been evicted from any unauthorised occupation

•on a highway land under this Act, again occupies any highway land without

•permission for such occupati on under this Act, he shall be punishable with

•imprisonment for a term which may extend to one year, or with fine which shall not

•be less than one thousand rupees per square metre of so occupied highway land but

•which shall not exceed two times the cost of such highway land, or with both.

•Recovery of cost

•of removal of

•unauthorised

•occupation and

•fine imposed.

•Prohibition to

•leave vehicles or

•animals in

•dangerous

position.

•Construction on

•highway land.

•Offence and

penalty.

•294

Offences.

•Civil liability

•and adjudication.

(2)Any court, convicting a person under sub-section (1), may make an order for

•evicting that person from such occupied highway land summarily and he shall be liable

•to such eviction without prejudice to any other action that may be taken against him.

(3)Notwithstanding anything contained in the Code of Criminal

•Procedure, 1973, the offence punishable under sub-section (1) shall be cognizable.

•* * * * *

•EXTRACTS FROM THE OFFSHORE AREAS MINERAL (DEVELOPMENT AND REGULATION)

•ACT, 2002

•(17 OF 2003)

•* * * * *

SECTION Section 1187

Untitled Section

•CHAPTER IV

•OFFENCES

23.(1) * * * * *

(b)any permittee or licensee or lessee, who fails to furnish the required data, or

•information, or document under sub-section (2) of section 5 in the manner provided

•therein, shall be punishable with imprisonment which may extend to three years, or with

•fine of five lakh rupees, which may extend to ten lakh rupees, or with both.

Explanation.—For the purposes of clauses ( a) and ( b), the amount of fine

•provided shall be in respect of each standard block of such part of the offshore area

•where such reconnaissance operation, or exploration operation, or production

•operation is undertaken.

•* * * * *

(3)Whoever contravenes any other provision of this Act, other than those

•specified in sub -sections (1) and ( 2) shall be punishable with imprisonment for a

•term which may extend to five years, or with fine of fifty lakh rupees, which may

•extend to one crore rupees, or with both, and in the case of continuing contravention,

•with an additional fine which may extend to five lakh rupees for every day during

•which such contravention continues.

(4)Any rule made under any provision of this Act may provide that any

•contravention thereof shall be punishable with imprisonment for a term which may

•extend to five years or with fine of fifty lakh rupees, which may extend to one crore

•rupees, or with both, and in the case of a continuing contravention, with additional

•fine which may extend to five lakh rupees for every day during which such

•contravention continues after conviction for the first such contravention.

•* * * * *

SECTION Section 1188

Untitled Section

•CHAPTER V

•CIVIL LIABILITY AND ADJUDICATION

28.(1) A person to whom a permit, licence or lease is granted under this Act,—

(a)contravenes the general terms and conditions imposed by the rules

•made under this Act shall be liable to pay to the Central Government an

•amount which shall not be less than five lakh rupees and which may extend to

•one crore rupees;

(b)contravenes an y particular terms and conditions applicable only in

•case of such permittee, licensee or lessee as the case may be, shall also be

•liable, apart from the liability under clause (a), to pay additional amount to the

•Central Government which shall not be less than five lakh rupees and which

•may extend to fifty lakh rupees.

•2 of 1974.

•295

•5 of 1908.

(2)No court or other authority except the authorised officer designated by the

•Central Government for this purpose, shall have jurisdiction to hear and decide the

•cases relating to clauses (a) and (b) of sub-section (1).

(3)An officer of the Central Government who has been authorised by that

•Government to file an application before the authorised officer designated under

•sub-section (2), shall file an application against licensee, lessee or permittee, as the

•case may be, indicating the civil wrong committed by him under clause ( a) or

SECTION Section 1189

Untitled Section

•clause (b) of sub-section (1) in such manner as may be prescribed.

(4)When an applicatio n is filed under sub -section (3), before an authorised

•officer designated under sub-section (2), he shall serve notice along with the copy

•of such application to the person, against whom the application is made, to provide

•him an opportunity to file reply to the application in the prescribed manner and the

•authorised officer shall dispose of the case after considering the evidence produced

•either in support or in opposition to the application and after providing the

•opportunity of hearing.

(5)For the pur poses of this section, the authorised officer designated under

•sub-section (2), shall have the same powers as are vested in a civil court under the

•Code of Civil Procedure, 1908, while trying a suit, in respect of the following

•matters, namely:—

(a)summo ning and enforcing the attendance of any person and

•examining him on oath;

(b)requiring the discovery and production of documents;

(c)receiving evidence on affidavits;

(d)issuing commissions for the examination of witnesses or documents;

(e)reviewing its decisions; and

(f)any other matter which may be prescribed.

•* * * * *

34.(1) Subject to the provisions of sub -section (2), any person aggrieved by

•an order made by the administering authority or any officer under this Act or the

•rules made thereunder may prefer an appeal against such order to the Central

Government.

(2)Every such appeal shall be preferred within prescribed period from the date

•on which the impugned order was made:

•Provided that the Central Government may, if it is satisfied that the appellant

•was prevented by sufficient cause from preferring the appeal within such prescribed

•period, permit the appellant to prefer the appeal within a further period as may be

prescribed.

(3)On receipt of any such appeal, the Central Government shall, after giving

•the parties to the appeal a reasonable opportunity of being heard and after making

•such inquiry as it deems p roper, make such order, as it may think fit, confirming,

•modifying or reversing the order appealed against, or may send back the case with

•such direction as it may think fit for a fresh order after taking additional evidence,

•if necessary.

•* * * * *

Appeals.

•296

•Power to make

rules.

•Negligently

•breaking or

•damaging works.

•Penalty for

•intentionally

•injuring works.

•Extinguishing

•public lamps.

•Punishment for

•non-compliance

•of directions by

•Appropriate

Commission.

•Punishment for

•non-compliance

•of orders or

directions.

35.(1) * * * *

(2)Without prejudice to the generality of the foregoing power, such rules may

•provide for all or any of the following matters, namely:—

•* * * * *

(m)the manner of filing application under sub-section (3) of section 28;

(n)the manner of filing reply under sub-section (4) of section 28;

(o)any other matter under clause (f) of sub-section (5) of section 28;

•* * * * *

•—————

•EXTRACTS FROM THE ELECTRICITY ACT, 2003

•(36 OF 2003)

•* * * * *

139.Whoever, negligently breaks, injures, throws down or damages any

•material connected with the supply of electricity, shall be punishable with fine

•which may extend to ten thousand rupees.

140.Whoever, with intent to cut off the supply of electricity, cuts or injures,

•or attempts to cut or injure, any electric supply line or works, shall be punishable

•with fine which may extend to ten thousand rupees.

141.Whoever, maliciously extinguishes any public lamp shall be punishable

•with fine which may extend to two thousand rupees.

142.In case any complaint is filed before the Appropriate Commission by any

•person or if that Commission is satisfied that any person has contravened any of the

•provisions of this Act or the rules or regulations made thereunder, or any direction

•issued by the Co mmission, the Appropriate Commission may after giving such

•person an opportunity of being heard in the matter, by order in writing, direct that,

•without prejudice to any other penalty to which he may be liable under this Act,

•such person shall pay, by way of penalty, which shall not exceed one lakh rupees

•for each contravention and in case of a continuing failure with an additional penalty

•which may extend to six thousand rupees for every day during which the failure

•continues after contravention of the first such direction.

•* * * * *

146.Whoever, fails to comply with any order or direction given under this

•Act, within such time as may be specified in the said order or direction or

•contravenes or attempts or abets the contravention of any of the provisions of this

•Act or any rules or regulations made thereunder, shall be punishable with

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

•extend to one lakh rupees, or with both in respect of each offence and in the case of

•a continuing failure, with an additional fine which may extend to five thousand

•rupees for every day during which the failure continues after conviction of the first

•such offence:

•* * * * *

•297

152.(1) Notwithstanding anything contained in the Code of Criminal

•Procedure 1973, the Appropriate Government or any officer authorized by it in this

•behalf may accept from any consumer or person who committed or who is

•reasonably suspected of having committed an offence of theft of elect ricity

•punishable under this Act, a sum of money by way of compounding of the offence

•as specified in the Table below:

•TABLE

•Provided that the Appropriate Government may, by notification in the Official

•Gazette, amend the rates specified in the Table above.

•* * * * *

(3)The acceptance of the sum of money for compounding an offence in

•accordance with sub -section ( 1) by the Appropriate Government or an officer

•empowered in this behalf empowered in this behalf shall be deemed to amount to

•an acquittal within the meaning of section 300 of the Code of Criminal

•Procedure, 1973.

•* * * * *

•—————

•EXTRACTS FROM THE PRIVATE SECURITY AGENCIES (REGULATION) ACT, 2005

•(29 OF 2005)

•* * * * *

12.Every private security agency shall exhibit its licence or copy thereof in a

•conspicuous place of its business.

•* * * * *

SECTION Section 119

Untitled Section

27.1957 67 The Mines

•and Minerals

•(Development

•and

•Regulation)

•Act, 1957

(A)In section 21,—

(i)for sub-section (2), the following sub -sections

•shall be substituted, namely:—

•“(2) Whoever contravenes the provisions of the

•rules made under section 23C shall be punishable

•with imprisonment for a term which may extend to

•two years or with fine which may extend to five

•lakh rupees, or with both, and in the case of a

•continuing contravention, with additional fine

•which may extend to fifty thousand rupees for

•every day during which such contravention

•continues after conviction for the first such

contravention.

•(2A) Where any person fails to pay the penalty

•or the additional penalty, as the case may be,

•imposed under the provisions of section 25B or

SECTION Section 1190

Untitled Section

20.(1) * * * *

(2)Any person or private security agency who contravenes, the provisions of

•sections 9, 10 and 12 of the Act, shall be punishable with a fine which may extend

•to twenty -five thousand rupees, in addition to suspension or cancellation of the

licence.

•* * * * *

•—————

•Nature of Service Rate at which the sum of money for

•Compounding to be collected per

•Kilowatt(KW)/Horse Power(HP) or part thereof for

•Low Tension (LT) supply and per Kilo Volt

•Ampere(KVA) of contracted demand for High

•Tension (HT)

(1)(2)

SECTION Section 1191

Untitled Section

1.Industrial Service

SECTION Section 1192

Untitled Section

2.Commercial Service

SECTION Section 1193

Untitled Section

3.Agricultural Service

SECTION Section 1194

Untitled Section

4.Other Services

•twenty thousand rupees;

•ten thousand rupees;

•two thousand rupees;

•four thousand rupees:

•Compounding of

offences.

•Licence to be

exhibited.

•Punishment for

•contravention of

•certain

provisions.

•298

•Punishment for

•obstruction, etc.

•Punishment for

•false claim.

•Punishment for

•misappropriation

•of money or

•materials, etc.

•Punishment for

•contravention

•of directions of

•the Board.

•EXTRACTS FROM THE DISASTER MANAGEMENT ACT, 2005

•(53 OF 2005)

•* * * * *

SECTION Section 1195

Untitled Section

•CHAPTER X

•OFFENCES AND PENALTIES

51.Whoever, without reasonable cause—

(a)obstructs any officer or employee of the Central Government or the

•State Government, or a person authorised by the National Authority or State

•Authority or District Authority or Urban Authority in the discharge of his

•functions under this Act; or

(b)refuses to comply with any direction given by or on behalf of the

•Central Government or the State Government or the National Executive

•Committee or the State Executive Committee or the District Authority or the

•Urban Authority under this Act,

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

•to one year or with fine, or with both, and if such obstruction or refusal to comply

•with directions results in loss of lives or imminent danger thereof, shall on

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

years.

52.Whoever knowingly makes a claim which he knows or has reason to

•believe to be false for obtaining any relief, assistance, repair, reconstruction or other

•benefits consequent to disaster from any officer of the Central Government, the

•State Government, the National Authority, the State Authority, the District

•Authority or the Urban Authority, shall, on conviction be punishable with

•imprisonment for a term which may extend to two years, and also with fine.

53.Whoever, being entrusted with any money or materials, or otherwise

•being, in custody of, or dominion over, any money or goods, meant for providing

•relief in any threatening disaster situation or disaster, misappropriates or

•appropriates for his own use or disposes of such money or materials or any part

•thereof or wilfully compels any other person so to do, shall on conviction be

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

•with fine.

•* * * * *

•————

•EXTRACTS FROM THE PETROLEUM AND NATURAL GAS REGULATORY BOARD

•ACT, 2006

•(19 OF 2006)

•* * * * *

SECTION Section 1196

Untitled Section

•CHAPTER IX

•OFFENCES AND PUNISHMENT

44.If a person contravenes the directions of the Board, such person shall be

•punishable with fine which may extend to twenty -five crore rupees and in case of

•continuing contravention with additional fine which may extend to ten lakh rupees

•for every day during which the contravention continues.

•* * * * *

•————

•299

•2 of 1974.

•45 of 1860.

•EXTRACTS FROM THE FOOD SAFETY AND STANDARDS ACT, 2006

•(34 OF 2006)

•* * * * *

38.(1) * * * *

(5)The Food Safety Officer shall, in exercising the powers of entry upon, and

•inspection of any place under this section, follow, as far as may be, the provisions

•of the Code of Criminal Procedure, 1973 relating to the search or inspection of a

•place by a police officer executing a search warrant issued under that Code.

SECTION Section 1197

Untitled Section

39.Any Food Safety Officer exercising powers under this Act or the rules and

•regulations made thereunder who—

(a)vexatiously and without any reasonable ground seizes any article of

•food or adulterant; or

(b)commits any other act to the injury of any person without having

•reason to believe that such act is necessary for the execution of his duty, shall

•be guilty of an offence under this Act and shall be liable to a penalty which

•may extend to one lakh rupees:

•Provided that in case any false complaint is made against a Food Safety

•Officer and it is proved so, the complainant shall be guilty of an offence under

•this Act and shall be punishable with fine which shall not be less than fifty

•thousand rupees but may extend to one lakh rupees.

•* * * * *

41.(1) * * * *

(2)Save as in this Act otherwise expressly provided, provisions of the Code

•of Criminal Procedure, 1973 relating to search, seizure, summon, investigation and

•prosecution, shall apply, as far as may be, to all action taken by the Food Safety

•Officer under this Act.

•* * * * *

60.If a person without the permission of the Food Safety Officer, retains,

•removes or tampers with any food, vehicle, equipment, package or labelling or

•advertising material or other thing that has been seized under this Act, he shall be

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

•with fine which may extend to two lakh rupees.

•* * * * *

62.If a person without reasonable excuse, resists, obstructs, or attempts to

•obstruct, impersonate, threaten, intimidate or assault a Food Safety Officer in

•exercising his functions under this Act, he shall be punishable with imprisonment

•for a term which may extend to three months and also with fine which may extend

•to one lakh rupees.

•* * * * *

SECTION Section 1198

Untitled Section

•CHAPTER X

•ADJUDICATION AND FOOD SAFETY APPELLATE TRIBUNAL

SECTION Section 1199

Untitled Section

68.(1) * * * * *

(3)The Adjudicating Officer shall have the powers of a civil court and—

(a)all proceedings before him shall be deemed to be judicial proceedings

•within the meaning of sections 193 and 228 of the Indian Penal Code;

•Powers of Food

•Safety Officer.

•Liability of Food

•Safety Officer in

•certain cases.

•Power of search,

•seizure,

•investigation,

•prosecution and

•procedure

thereof.

•Punishment for

•interfering with

•seized items.

•Punishment for

•obstructing or

•impersonating a

•Food Safety

Officer.

Adjudication.

•300

•Procedure and

•powers of

Tribunal.

•Power of court

•to try cases

summarily.

•Special courts

•and Public

Prosecutor.

•Power to transfer

•cases to regular

courts.

•Power of court

•to implead

•manufacturer,

etc.

(b)shall be deemed to be a court for the purposes of sections 345 and

•346 of the Code of Criminal Procedure, 1973

•* * * * *

71.(1) * * * *

(3)Every proceeding before the Tribunal shall be deemed to be a judicial

•proceeding within the meaning of sections 193 and 228, and for the purposes of

SECTION Section 12

Untitled Section

•section 36, the Central Government shall appoint an

•officer not below the rank of Commanding Officer as

•an adjudicating officer for holding an inquiry and

•imposing penalties in such manner as may be

•prescribed:

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasonable

•opportunity of being heard.

36B.Appeal.––(1) Any person aggrieved by an order

•of the adjudicating officer under section 36A may,

•within thirty days from the date of receipt of such order,

•prefer an appeal to such officer, not below the rank of

•General Officer Commanding-in-Chief or equivalent or

•head of the organisation, as may be appointed by the

•Central Government as an appellate authority, 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)An appeal under sub-section (1) shall be disposed

•of within sixty days from the date of filing.

(5)In the event of non-payment of amount of penalty

•imposed under section 36A or under this section within

•a period of fifteen days from date of receipt of such

•order, the appellant shall be liable to be punished with a

•fine which may extend to twice the penalty imposed.”.

SECTION Section 120

Untitled Section

•section 25C within ninety days of such imposition,

•he shall be punishable with imprisonment for a

•term which may extend to two years, or with fine

•which may extend to twice the amount of the

•penalty or additional penalty so imposed or with

both.”;

•(ii) in sub -section (6), for the words and figures

•“Code of Criminal Procedure, 1973 (2 of 1974)”, the

•words and figures “Bharatiya Nagarik Suraksha

•Sanhita, 2023 (46 of 2023)” shall be substituted.

•41

(1)(2) (3) (4) (5)

(B)After section 25, the following sections shall be

•inserted, namely:––

•“25A. Penalty. ––(1) Whoever contravenes the

•provisions of the rules made under the Act, other than

•those rules made under section 23C, or the terms and

•conditions of mineral concession granted under this

•Act shall be liable to a penalty which may extend to

•fifty lakh rupees.

(2)Where any person continues contravention

•made under sub -section ( 1), even after direction

•of the adjudicating officer appointed under

SECTION Section 1200

Untitled Section

•section 196 of the Indian Penal Code, it shall be deemed to be a civil court for all

•the purposes of sect ion 195 and Chapter XXVI of the Code of Criminal

•Procedure, 1973.

•* * * * *

73.Notwithstanding anything contained in the Code of Criminal

•Procedure, 1973, all offences not triable by a Special Court, shall be tried in a

•summary way by a Judicial Magistrate of the first class or by a Metropolitan

•Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said

•Code shall, as far as may be, apply to such a trial:

•Provided that in the case of any conviction in a summary trial under this

•section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for

•a term not exceeding one year:

•Provided further that when at the commencement of, or in the course of, a

•summary trial under this section, it appears to the Magistrate that the nature of the

•case is such that a sentence of imprisonment for a term exceeding one year may

•have to be passed or that it is, for any other reason, undesirable to try the case

•summarily, the Magistrate shall after hearing the parti es, record an order to that

•effect and thereafter recall any witness who may have been examined and proceed

•to hear or rehear the case in the manner provided by the said Code

•* * * * *

74.( 1) Notwithstanding anything contained in this Act or in t he Code of

•Criminal Procedure, 1973, the Central Government or the State Government in their

•respective jurisdictions may, if consider expedient and necessary in the public

•interest, for the purposes of the trial of offences relating to grievous injury or death

•of the consumer for which punishment of imprisonment for more than three years

•has been prescribed under this Act, constitute, by notification in the Official Gazette,

•as many Special Courts with the concurrence of the Chief Justice of the High Court

•as may be necessary for such area or areas and for exercising such jurisdiction, as

•may be specified in the notification.

•* * * * *

SECTION Section 1201

Untitled Section

75.Where, after taking cognizance of any offence, a Special Court is of the

•opinion that the offence is not triable by it, it shall, notwithstanding that it has no

•jurisdiction to try such offence, transfer the case for the trial of such offence to any

•court having jurisdiction under the Code of Criminal Procedure, 1973 and the court

•to which the case is transferred may proceed with the trial of the offence as if it had

•taken cognizance of the offence.

•* * * * *

78.Where at any time during the trial of any offence under this Act alleged to

•have been committed by any person, not being the importer, manufacturer, distributor

•or dealer of any article of food, the court, is satisfied, on the evidence adduced before it,

•that such importer, manufacturer, distributor or dealer is also concerned with that

•offence, then the court may, notwithstanding anything contained in sub-section (3) of

SECTION Section 1202

Untitled Section

•section 319 of the Code of Criminal Procedure, 1973, or in section 71 of this Act,

•proceed against him as though a prosecution has been instituted under this Act.

•2 of 1974.

•45 of 1860.

•2 of 1974.

•301

•2 of 1974.

•45 of 1860.

79.Notwithstanding anything contained in section 29 of the Code of Criminal

•Procedure, 1973, it shall be lawful for the court of ordinary jurisdiction to pass any

•sentence authorised by this Act, except a sentence of imprisonment for a term

•exceeding six years in excess of his powers under the said section.

•* * * * *

87.The Members, officers of the Food Authority and the C ommissioners of

•Food Safety and their officers shall be deemed, when acting or purporting to act in

•pursuance of any of the provisions of this Act, to be public servants within the

•meaning section 21 of the Indian Penal Code.

•* * * * *

•—————

•EXTRACTS FROM THE CANTONMENTS ACT, 2006

•(41 OF 2006)

•* * * * *

SECTION Section 1203

Untitled Section

49.(1) A Board may—

•* * * * *

(b)with the previous sanction of the General Officer Commanding -in-

•Chief, the Command, and the State Government concerned, enter into an

•agreement with any other local authority regarding the levy of any tax or toll

•whereby the said tax or toll respectively leviable by the Board and by such

•other local authority may be levied together instead of separately within the

•limits of the area hereafter in this section referred to as the aggregate area

•subject to the control of the Board and such other local authority.

•* * * * *

(3)When any agreement such as is referred to in clause (b) of sub-section (1)

•has been entered into, then—

(a)where the agreement relates to octroi or terminal tax or toll, the party

•to the agreement (the Board, or as the case may be, such other local authority)

•which is specified in this behalf in the agreement,—

(i)shall have the same powers to establish octroi limits and octroi

•stations and places for the collection of octroi, terminal tax and toll

•within the aggregate area as it has within the area ordinarily subject to

•its control;

•(ii) shall have the same powers of collecting such octroi, terminal

•tax or toll in the aggregate area and the provisions of any enactment in

•force relating to the levy of such octroi, terminal tax or toll by it shall

•apply in the same manner as if the aggregate area were comprised within

•the area ordinarily subject to its control;

(b)the total of the collection of such octroi, tax or toll made in the

•aggregate area and the costs thereby incurred shall be divided between the

•cantonment fund and the fund subject to the control of such other local

•authority, in such proportion, as may have been determined by the agreement.

•* * * * *

81.(1) * * * *

(6)Any failure to comply with the provisions contained in sub-sections (1) to

(3)shall be punishable with fine which may extend to ten thousand rupees.

•* * * * *

•Magistrate’s

•power to impose

•enhanced

punishment.

•Members,

•officers of Food

•Authority and

•Commissioner

•of Food Safety

•to be public

servants.

•Joint action with

•other local

authority.

•Notice of

transfers.

•302

•Notice of

•erection of

buildings.

•Notice to be

•given of every

•occupation of

•vacant building

•or house.

•Inspection of

•imported goods,

•octroi, terminal

•tax and toll, etc.

•Power to seize,

etc.

82.(1) * * * *

(2)Any person failing to give the notice required by sub -section (1) shall be

•punishable with fine which may extend to five thousand or ten times the amount of

•the tax payable on the said building, as erected or re-erected, as the case may be, in

•respect of a period of three months, whichever is greater.

•* * * * *

88.(1) * * * *

(2)Any owner failing to give the notice required by sub -section (1) shall be

•punishable with fine which shall not be less than twice the amount of the tax payable

•on such building, tenement or land in respect of the period during which it has been

•re-occupied and which may extend to two thousand five hundred rupees, or t o ten

•times the amount of the said tax, whichever sum is greater.

•* * * * *

•Octroi, terminal tax and toll

90.Every person bringing or receiving any goods, vehicles or animals within the

•limits of any cantonment in which octroi or terminal tax or toll is leviable shall, when so

•required by an officer duly authorised by the Chief Executive Officer in this behalf, so

•far as may be necessary for ascertaining the amount of tax chargeable—

(a)permit that officer to inspect, examine or weigh such goods, vehicles

•or animals; and

(b)communicate to that officer any information, and exhibit to him any

•bill, in voice or document of a like nature, which such person may possess

•relating to such goods, vehicles or animals.

SECTION Section 1204

Untitled Section

91.(1) Any person who takes or attempts to take past any octroi station or any

•other place appointed within a cantonment for the collection of octroi, terminal tax

•or toll any goods, vehicles or animals, on account of which octr oi, terminal tax or

•toll is leviable and thereby evades, or attempts to evade, the payment of such octroi,

•terminal tax or toll and any person who abets any such evasion or attempt at evasion,

•shall be punishable with fine which may extend either to ten times the value of such

•octroi, terminal tax or toll, or to two thousand five hundred rupees, whichever is

•greater, and which shall not be less than twice the value of such octroi, terminal tax

•or toll, as the case may be.

(2)In case of non-payment of any octroi or terminal tax or toll on demand, the

•officer empowered to collect the same may seize any goods, vehicles or animals on

•which the octroi, terminal tax or toll is chargeable or any part or number thereof

•which is of sufficient value to satisfy the demand and shall give a receipt specifying

•the items seized.

(3)The Chief Executive Officer, or an officer of the Board authorised by him,

•after the lapse of five days from the seizure, and after the issue of a notice in writing

•to the person in whose possession the goods, vehicles or animals were at the time of

•seizure, fixing the time and place of sale, may cause the property so seized, or so

•much thereof as may be necessary, to be sold by auction to satisfy the demand and

•meet expenses occasioned by the seizure, custody and safe thereof, unless the

•demand and expenses are in the meantime paid:

•Provided that the Chief Executive Officer may, in any case, order that any

SECTION Section 1205

Untitled Section

•article of a perishable nature which cannot be kept for five days without serious risk

•of damage, or which cannot be kept safe at a cost which, together with the amount

•of octroi, terminal tax or toll, is likely to exceed its value, shall be sold after the

•lapse of such shorter times as he may, having regard to the nature of the article, think

proper.

•303

(4)If, at any time before the sale has begun, the person whose property has

•been seized tenders to the Chief Executive Officer the amount of all expenses

•incurred and of the octroi, terminal tax or toll, the Chief Executive Officer shall

•release the property seized.

(5)The surplus, if any, of the sale proceeds shall be credited to the cantonment

•fund, and shall, on application made to the Chief Executive Officer within six

•months after the sale, be paid to the person in whose possession the property was at

•the time of seizure, and, if no such application is made, shall become the property

•of the Board.

SECTION Section 1206

Untitled Section

92.It shall be lawful for the Chief Executive Officer, with the previous

•sanction of the Board to lease the collection of any octroi, terminal tax or toll for

•any period not exceeding one year; and the lessee and all persons employed by him

•in the management and collection of the octroi, terminal tax or toll shall, in respect

•thereof,—

(a)be bound by any orders made by the Chief Executive Officer for their

•guidance;

(b)have such powers exercisable by officers or employees of the Board

•under this Act as the Board may confer upon them; and

(c)be entitled to the same remedies and be subject to the same

•responsibilities as if they were employed by the Board for the management

•and collection of the octroi, terminal tax or toll, as the case may be:

•Provided that no article distrained may be sold except under the orders

•of the Chief Executive Officer.

•* * * * *

116.(1) * * * *

(2)If any person, when called upon under sub -section ( 1) to furnish

•information, neglects to furnish it within th e period specified in this behalf by the

•Chief Executive Officer or furnishes information which is not true to the best of his

•knowledge or belief, he shall be punishable with fine which may extend to five

•thousand rupees and shall also be liable to be ass essed at such amount on account

•of tax as the Chief Executive Officer may deem proper, and the assessment so made

•shall, subject to the provisions of this Act, be final.

•* * * * *

143.(1) * * * *

(2)Any person who fails, without reason able cause, to comply with a

•requisition made upon him under sub-section (1) shall be punishable with fine which

•may extend to two thousand five hundred rupees, and, in the case of a continuing

•offence, to an additional fine which may extend to two hundred fifty rupees for

•every day after the first during which the failure has continued.

•* * * * *

145.(1) * * * *

(2)Any person who fails to comply with the notice issued under sub-section (1)

•shall be punishable with fine which may extend to five thousand rupees, and, in the case

•of a continuing offence, with an additional fine which may extend to two hundred fifty

•rupees for each day after the first during which the offence continues.

•* * * * *

•Lease of octroi,

•terminal tax or

toll.

•Obligation to

•disclose liability.

•Overcrowding of

•dwelling houses.

•Power to require

•land or building

•to be cleansed.

•304

•Obligation

•concerning

•infectious,

•contagious or

•communicable

diseases.

•Penalty for

•failure to report.

•Making or

•selling of food,

etc., or washing

•clothes by

•infected person.

Penalty.

•Restrictions on

•use of buildings.

•Illegal erection

•and re-erection.

•Prevention of infectious, contagious or communicable diseases

155.(1) * * * *

(4)Whoever—

•* * * * *

(b)contravenes the provisions of sub -section (2), shall be punishable

•with fine which may extend to one thousand rupees:

•Provided that no person shall be punishable for failure to give

•information if he had reasonable cause to believe that the information had

•already been duly given.

•* * * * *

166.Whoever fails to make to the Chief Executive Officer any report which

•he is required to make by section 164 or section 165 shall be punishable with fine

•which may extend to one thousand rupees.

•* * * * *

174.Whoever, while suffering from, or in circumstances in which he is likely

•to spread, any infectious or contagious disease,—

(a)makes, carries or offers for sale in a cantonment or takes any part in

•the business of making, carrying or offering for sale therein any article of food

•or drink or any medicine or drug for human consumption, or any article of

•clothing or bedding for personal use or wear, or

(b)takes any part in the business of the washing or carrying of clothes,

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

•* * * * *

197.Whoever—

•* * * * *

(b)where water is supplied by agreement with a Board for a specified

•purpose, uses that water for any other purposes shall b e punishable with fine

•which may extend to two thousand five hundred rupees, and in addition, the

•Board shall be entitled to recover from him the cost of the water misused.

•* * * * *

244.(1) * * * * *

(2)Any person who contravenes the provisions of sub -section (1) shall on

•conviction be punishable with a fine which may extend to one lakh rupees and in the

•case of continuing contravention with an additional fine of rupees ten thousand for every

•day during which the contravention continues after the date it comes to the notice.

•* * * * *

247.Whoever begins, continues or completes the erection or re-erection of a

•building—

(a)without having given a valid notice as required by sections 235 and

•236, or before the bu ilding has been sanctioned or is deemed to have been

•sanctioned; or

•305

(b)without complying with any direction made under sub-section (1) of

SECTION Section 1207

Untitled Section

•section 238; or

(c)when sanction has been refused, or has ceased to be available or has

•been suspended by the General Officer Commanding-in-Chief, the Command,

•under clause (b) of sub-section (1) of section 58,

•shall be punishable with fine which may extend to fifty thousand rupees and the cost

•of sealing the illegal construction and its demolition.

•* * * * *

259.(1) * * * * *

(2)Whoever destroys, pulls down, defaces or alters any such name or number

•or puts up any name or number differing from that put up by the order of the Board

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

•* * * * *

263.Whoever, without the permission in writing of the Chief Executive Officer,

•digs up the surface of any open space in the cantonment, which is not private property,

•shall be punishable with fine which may extend to two thousand five hundred rupees

•and in the case of a continuing offence, with an additional fine which may extend to

•five hundred rupees for every day after the first during which the offence continues.

•* * * * *

SECTION Section 1208

Untitled Section

269.(1) * * * * *

(3)Whoever omits to comply with any condition imposed by the Chief

•Executive Officer under clause (a) of sub-section (2) shall be punishable with fine

•which may extend to five thousand rupees and, in the case of continuing offence,

•with an additional fine which may extend to one thousand rupees for every day after

•the first during which the offence is continued.

•* * * * *

SECTION Section 1209

Untitled Section

271.(1) Any person who keeps open for public use any market or slaughter-house

•in respect of which a licence is required by or under this Act, without obtaining licence

•therefor, or while the licence therefor is suspended, or after the same has been cancelled,

•shall be punishable with fine which may extend to five thousand rupees and, in the case

•of a continuing offence, with an additional fine which may extend to five hundred rupees

•for every day after the first during which the offence is continued.

•* * * * *

SECTION Section 121

Untitled Section

•section 25B regarding such contravention, he shall be

•liable to additional penalty of fifty thousand rupees

•for every day during which such contravention

continues.

25B.Adjudication of penalties. ––(1) For the

•purposes of adjudication of p enalties under

SECTION Section 1210

Untitled Section

272.Whoever, knowing that any market or slaughter-house has been opened

•to the public without a licence having been o btained therefor when such licence is

•required by or under this Act, or that the licence granted therefor is for the time

•being suspended or that it has been cancelled, sells or exposes for sale any article in

•such market, or slaughters any animal in such slaughter-house, shall be punishable

•with fine which may extend to five thousand rupees and, in the case of a continuing

•offence, with an additional fine which may extend to five hundred rupees for every

•day after the first during which the offence is continued.

•* * * * *

•Trade and occupations

SECTION Section 1211

Untitled Section

276.(1) * * * * *

(3)Whoever contravenes any prohibition contained in a notice is sued under

•sub-section (2) shall be punishable with fine which may extend to five hundred rupees.

•* * * * *

•Names of streets

•and numbers of

buildings.

•Digging of

•public land.

•Private markets

•and slaughter-

houses.

•Penalty for

•keeping market

•or slaughter-

•house open

•without licence,

etc.

•Penalty for using

•unlicensed

•market or

•slaughter-house.

•Provision of

•washing places.

•306

•Carrying on

•trade, etc.,

•without licence

•or in

•contravention of

SECTION Section 1212

Untitled Section

•section 280.

•Feeding animals

•on dirt, etc.

•Powers of entry

•and seizure.

SECTION Section 1213

Untitled Section

281.Whoever carries any trade, calling or occupation for which a licence is

•required without obtaining a licence therefor or while the licence therefor is suspended

•or after the same has been cancelled, and whoever, after receiving a notice under section

•280, uses or allows to be used any building or place in contravention thereof, shall be

•punishable with fine which may extend to five thousand rupees and, in the case of a

•continuing offence, with an additional fine which may extend to five hundred rupees for

•every day after the first during which the offence is continued.

SECTION Section 1214

Untitled Section

282.Whoever feeds or allows to be fed on filthy or deleterious substances any

•animal, which is kept for the purpose of supplying milk to, or which is int ended to

•be used as food for, the inhabitants of a cantonment or allows it to graze in any place

•in which grazing has, for sanitary reasons, been prohibited by public notice by the

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

•Entry, inspection and seizure

SECTION Section 1215

Untitled Section

283.(1) * * * * *

(4)The owner or person in possession, at the time of seizure under

•sub-section (1), of any animal or carcass which is diseased or of any article or thing

•which is unwholesome or unfit for human food, drink or medicine, as the case may be,

•or is adulterated or is not what it is represented to be, or of any utensil or vessel which

•is of such kind or in such state as is described in clause (b) of sub-section (1), shall be

•punishable with fine which may extend to five thousand rupees, and the animal, article,

•utensil, vessel or other thing shall be liable to be forfeited to the Board or to be destroyed

•or to be so disposed of as to prevent it being exposed for sale or used for the preparation

•of food, drink or medicine, as the case may be.

•Explanation I.—If any such article, having been exposed or stored in, or

•brought to, any place mentioned in sub -section (1) for sale as ghee, contains any

•substance not exclusively derived from milk, it shall be deemed, for the purposes of

•this section, to be an article which is not what it is represented to be.

•Explanation II.—Meat subjected to the process of blowing shall be deemed to

•be unfit for human food.

•Explanation III.—The article of food or drink shall not be deemed to be other

•than what it is represented to be merely by reason of the fact that there has been

•added to it some substance not injurious to health:

•Provided that—

(a)such substance has been added to the article because the same is

•required for the preparation or production thereof as an article of commerce in

•a state fit for carriage or consumption and not fraudulently to increase the bulk,

•weight or measure of the food or drink or conceal the inferior quality

•thereof; or

(b)in the process of production, preparation or conveyance of such

SECTION Section 1216

Untitled Section

•article of food or drink, the extraneous substance has unavoidably become

•intermixed therewith; or

(c)the owner or person in possession of the article has given suffici ent

•notice by means of a label distinctly and legibly written or printed thereon or

•therewith, or by other means of a public description, that such substance has

•been added; or

(d)such owner or person has purchased the article with a written

•warranty that it was of a certain nature, substance and quality and had no

•reason to believe that it was not of such nature, substance and quality, and has

•exposed it or hawked it about or brought it for sale in the same state and by

•the same description as that in and by which he purchased it.

•307

•Import of cattle and flesh

SECTION Section 1217

Untitled Section

284.(1) * * * * *

(3)Whoever contravenes the provisions of sub-section (1) shall be punishable

•with fine which may extend to two thousand five hundred rupees.

•* * * * *

SECTION Section 1218

Untitled Section

•CHAPTER XIII

•PUBLIC SAFETY AND SUPPRESSION OF NUISANCES

•General Nuisances

SECTION Section 1219

Untitled Section

289.(1) Whoever—

(a)in any street or other public place within a cantonment,—

(i)is drunk and disorderly or drunk and incapable of taking care of

•himself; or

•(ii) uses any threatening, abusive or insulting words, or behaves in

•a threatening or insulting manner with intent to provoke a breach of

•the peace, or whereby a breach of the peace is likely to be

•occasioned; or

•(iii) eases himself, or wilfully or indecently exposes his person; or

•(iv) loiters, or begs importunately, for alms; or

(v)exposes or exhibits, with the object of exciting charity, any

•deformity or disease or any offensive sore or wound; or

•(vi) carries meat exposed to public view; or

•(vii) is found gaming; or

•(viii) pickets animals, or collects vehicles; or

•(ix) being engaged in the removal of night -soil or other offensive

•matter or rubbish, willfully or negligently permits any portion thereof to

•spill or fall, or neglects to sweep away or otherwise effectually to remove

•any portion thereof which may spill or fall in such street or place; or

(x)without proper authority affixes upon any building, monument,

•post, wall, fence, tree or other thing, any bill, notice or other document; or

•(xi) without proper authority defaces or writes upon or otherwise

•marks any building, monument, post, wall, fence, tree or other thing; or

•(xii) without proper authority re moves, destroys, defaces or

•otherwise obliterates any notice or other document put up or exhibited

•under this Act; or

•(xiii) without proper authority displaces, damages, or makes any

•alteration in, or otherwise interferes with the pavement, gutter, storm

•water-drain, flags or other materials of any such street, or any lamp,

•bracket, direction-post, hydrant or water-pipe maintained by the Board

•in any such street or public place, or extinguishes a public light; or

•(xiv) carries any corpse not decently covered or without taking due

•precautions to prevent risk of infection or injury to the public health or

•annoyance to passers-by or to persons dwelling in the neighbourhood; or

•(xv) carries night-soil or other offensive matter or rubbish at any

•hour prohibited b y the Chief Executive Officer by public notice, or in

•any pattern of vehicle or receptacle which has not been approved for the

•purpose by the Chief Executive Officer, or fails to close such vehicle or

•receptacle when in use; or

•Import of cattle

•and flesh.

•Penalty for

•causing

nuisances.

•308

(b)carries night-soil or other offensive matter or rubbish along any route

•in contravention of any prohibition made in this behalf by the Chief Executive

•Officer by public notice; or

(c)deposits, or causes or permits to be deposited, earth or materials of

•any description, or any offensive matter or rubbish, in any place not intended

•for the purpose in any street or other public place or waste or unoccupied land

•under the management of the Board; or

(d)having charge of a corpse fails to bury, burn or otherwise lawfully

•dispose of the same within twenty-four hours after death; or

(e)makes any grave or buries or burns any corpse in any place not set

•apart for such purpose; or

(f)keeps or uses, or knowingly permits to be kept or used, any place as

•a common gaming house, or assists in conducting the business of any common

•gaming house; or

(g)at any time or place at which the same has been prohibited by the

•Chief Executive Officer public or special notice, beats a drum or tom-tom, or

•blows a horn or trumpet, or beats any utensil, or sounds any brass or other

•instrument, or plays any music; or

(h)disturbs the public peace or order by singing, screaming or shouting

•or by using megaphone or loud-speaker; or

(i)lets loose any animal so as to cause, or negligently allows any animal

•to cause, injury, danger, alarm or annoyance to any person; or

(j)being the occupier of any building or land in or upon which an animal

•dies, neglects within three hours of th e death of the animal, or, if the death

•occurs at night, within three hours after sunrise, either—

(i)to report the occurrence to the Chief Executive Officer or to an

•officer, if any, appointed by him in this behalf with a view to securing

•the removal and disposal of the carcass by the public conservancy

•establishment; or

•(ii) to remove and dispose of the carcass in accordance with any

•general directions given by the Board by public notice or any special

•direction given by the Chief Executive Officer on receipt of such report

•as aforesaid; or

(k)save with the written permission of the Chief Executive Officer and

•in such manner as he may authorise, stores or uses night-soil, manure, rubbish

•or any other substance emitting an offensive smell; or

(l)uses or permits to be used as a latrine any place not intended for the

•purpose; or

(m)uses or permits to be used without previous permission of the Chief

•Executive Officer any premises for any trade involving offensive smell or

•smoke,

•shall be punish able with fine which may extend to two thousand five

•hundred rupees.

(2)Whoever does not take reasonable means to prevent any child under the

•age of twelve years being in his charge from easing himself in any street or other

•public place within the cantonment shall be punishable with fine which may extend

•to two hundred-fifty rupees.

•309

(3)The owner or keeper of any animal found picketed or staying without a

•keeper in a street or other public place in a cantonment shall be punishable with fine

•which may extend to one thousand rupees.

•* * * * *

•Dogs

SECTION Section 122

Untitled Section

•section 25A, for contravention of the rules relating to

•mining plan, mine closure plan, submission of reports

•to Indian Bureau of Mines or other authority

•subordinate to the Central Government and other

•functions of Central Government or an authority or

•officer sub -ordinate to such Government,

•the Central Government shall appoint an officer not

•below the rank of Deputy Secretary to the

•Government of India as an adjudicating officer, for

•holding an inquiry and imposing penalties in the

•manner, as may be prescribed by the Central

•Government:

•Provided that the Central Government may appoint

•as many adjudicating officers as may be required.

(2)The State Government, for the purpose of

•determining the penalties under section 25A, other

•than those covered under sub -section ( 1), shall

•appoint an officer not below the rank of Joint

•Secretary to the State Government to be the

•adjudicating officer, for holding an inquiry and

•imposing penaltie s in the manner, as may be

•prescribed by the Central Government:

•Provided that the State Government may

•appoint as many adjudicating officers as may be

•required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

•42

(1)(2) (3) (4) (5)

25C.Appeal. ––(1) Whoever aggrieved by the

•order passed by the adjudicating officer under

SECTION Section 1220

Untitled Section

290.(1) * * * * *

(5)Whoever, being the owner or person in charge of any dog, neglects to

•restrain it so that it shall not be at large in any street without being muzzled and

•without being secured by a chain lead in any case in which—

(a)he knows that the dog is likely to annoy or intimidate any person; or

(b)the Board has, by public notice during the prevalence of

•rabies, directed thatdogs shall not be at large without muzzles and

•chain leads,

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

(6)Whoever in a cantonment—

(a)allows any ferocious dog which belongs to him or is in his charge to

•be at large without being muzzled; or

(b)sets on or urges any dog or other animal to attack, worry or intimidate

•any person; or

(c)knowing or having reason to believe that any dog or animal

•belonging to him or in his charge has been bitten by an animal suffering or

•reasonably suspected to be suffering from rabies, neglects to give immediate

•information of the fact to the Chief Executive Officer or gives information

•which is false,

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

•Traffic

SECTION Section 1221

Untitled Section

291.Whoever in driving, leading or propelling a vehicle along a street fails,

•except in a case of actual necessity,—

•* * * * *

(b)to keep to the right when passing a vehicle going in the same direction as

•himself, shall be punishable with fine which may extend to five hundred rupees.

•* * * * *

SECTION Section 1222

Untitled Section

295.(1) * * * * *

(2)If the owner of a cinematograph or other apparatus uses the apparatus or

•allows it to be used, or if any person takes any part in any public dramatic

•performance, pantomime, circus, carnival, exhibition, dance or other similar show

•for public recreation or amusement, in contravention of the provisions of this

•section, or if the occupier of any premises allows them to be used in contravention

•of the provisions of this section or of any condition of any licence granted under this

•section, he shall be punishable with fine which may extend to five thousand rupees,

•and, in the case of continuing offence, with an additional fine whi ch may

•extend to two thousand rupees for each day after the first during which the offence

continues.

•Registration and

•control of dogs.

•Traffic rule of

•the road.

•Regulation of

•cinematographic

•and dramatic

performances.

•310

•Discharging fire-

•works, fire-arms,

etc.

•Penalty for

obstruction.

•General penalty.

•Power to make

•bye-laws.

•Penalty for

•breach of bye-

laws.

•* * * * *

SECTION Section 1223

Untitled Section

296.Whoever in a cantonment discharges any fire -arm or lets off fire-works

•or fire-balloons, or detonates or engages in any game or carries on works such as

•quarries, blasts, timber cutting or building operation in such manner as to cause or

•to be likely to cause danger to persons passing by or dwelling or working in the

•neighbourhood or risk of injury to property shall be liable to fine which may extend

•to two thousand five hundred rupees.

•* * * * *

SECTION Section 1224

Untitled Section

313.Whoever obstructs or molests any person acting on behalf of the Board,

•who is not a public servant within the meaning of section 21 of the Indian Penal

•Code or any person with whom the Board has lawfully contracted, in the execution

•of his duty or of anything which he is em powered or required to do by virtue or in

•consequence of any of the provisions of this Act or any rule, bye-law or order made

•thereunder, or in fulfilment of his contract, as the case may be, shall be punishable

•with fine which may extend to five thousand rupees.

•* * * * *

•General Penalty Provisions

SECTION Section 1225

Untitled Section

333.Whoever, in any case in which a penalty is not expressly provided by this

•Act, fails to comply with any notice, order or requisition issued under any provision

•thereof, or otherwise contravenes any of the provisions of this Act, shall be

•punishable with fine which may extend to five thousand rupees, and, in the case of

•a continuing failure or contravention, with an additional fine which may extend to

•five hundred rupees for every day after the first during which he has persisted in the

•failure or contravention.

•* * * * *

SECTION Section 1226

Untitled Section

348.Subject to the provisions of this Act and of the rules made thereunder, a

•Board may, in addition to any bye-laws which it is empowered to make by any other

•provision of this Act, make bye -laws to provide for all or any of the following

•matters in the cantonment, namely:—

•* * * * *

(3)the regulation of the collection and recovery of taxes, tolls and fees under

•this Act and the refund of taxes;

SECTION Section 1227

Untitled Section

349.(1) Any bye -law made by a Board under this Act may provide that a

•contravention thereof shall be punishable—

(a)with fine which may extend to five thousand rupees; or

(b)with fine which may extend to five thousand rupees 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; or

(c)with fine which may extend to one hundred fifty rupees for every day

•during which the contravention continues after the receipt of a notice from the

•Board or Ch ief Executive Officer by the person contravening the bye -law

•requiring such person to discontinue such contravention.

•* * * * *

•__________

•45 of 1860.

•311

•EXTRACTS FROM THE CARRIAGE BY ROAD ACT, 2007

•(41 OF 2007)

•* * * * *

SECTION Section 1228

Untitled Section

18.( 1) Whoever contravenes the provisions of section 3, section 13 or a

•notification issued under section 14 shall be punishable for the first offence with

•fine which may extend to five thousand rupees, and for the second or subsequent

•offence with fine which may extend to ten thousand rupees.

•* * * * *

•__________

•EXTRACTS FROM THE PREVENTION AND CONTROL OF INFECTIOUS AND CONTAGIOUS

•DISEASES IN ANIMALS ACT, 2009

•(27 OF 2009)

•* * * * *

SECTION Section 1229

Untitled Section

2.In this Act, unless the context otherwise requires,—

(a)“animal” means,—

(i)cattle, buffalo, sheep, goat, yak, mithun;

•(ii) dog, cat, pig, horse, camel, ass, mule, poultry, bees; and

•(iii) any other animal or bird as the Central Government may, by

•notification, specify;

•* * * * *

(g)“Director”, in relation to a State, means any officer in charge of the

•Department of Animal Husbandry or Veterinary Services, or both, notified by

•the State Government as such for the purpose of this Act;

•* * * * *

(k)“notification” means notification published in the Official Gazette;

•* * * * *

(o)“scheduled disease” means any disease included in the Schedule;

(p)“Veterinarian” means a person having a recognised veterinary

•qualification who, under the law for the time being in force, is allowed to treat

•animal diseases;

(q)“Veterinary Officer” means any officer, appointed as such by the

•State Government under clause (b) of section 3;

(r)“Village Officer”, in relation to a village, means any p erson who is

•authorised or designated as such in accordance with the qualifications

•prescribed by the State Government.

•* * * * *

SECTION Section 123

Untitled Section

•section 25B may, within thirty days from the date of

•receipt of order, prefer an appeal to an officer not

•below the rank of Joint Secretary to the Government

•of India, who shall be appointed by the Central

•Government as an appellate authority, 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 an 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 adj udicating officer under sub -section ( 1), it

•shall not be entertained by the appellate authority

•unless the person has deposited with the said

•authority ten per cent. of the amount of the penalty

•imposed by the adjudicating officer.

(5)An appeal under this section shall be disposed

•of within sixty days from the date of filing.

25D.Power of Central Government to make rules

•in respect of adjudication and appeal. ––(1) The

•Central Government may, by notification in the

•Official Gazette, make rules for regulati ng the

•adjudication of penalty and appeal and for purposes

•connected therewith.

(2)Without prejudice to the generality of the

•foregoing power, such rules may provide for all or

•any of the following matters, namely:—

(a)the manner of holding an inquiry an d

•imposing penalties under sub-sections (1) and (2)

•of section 25B; and

(b)the form and manner of preferring appeal to

•the appellate authority against the order of

•adjudicating officer under sub -section ( 1) of

SECTION Section 1230

Untitled Section

4.(1) Every owner, or any other person, non -governmental organisation,

•public bodies or the village panchayat, in cha rge of any animal which he or it has

•reason to believe to be infective of a scheduled disease shall report the fact to the

•Village Officer or village panchayat in-charge, who may report the same in writing

•to the nearest available Veterinarian.

•* * * * *

•Punishment for

•contravention in

•relation to non-

•registration,

•carrying goods

•of dangerous or

•hazardous

•nature, or

•prohibited

goods.

Definitions.

•Reporting

•scheduled

•diseases

obligatory.

•312

•Duty to

•segregate

•infected animals.

•Notification of

•controlled areas

•and free areas.

•Prohibition of

•movement of

•animals from

•controlled area.

•Vaccination,

•marking and

•issue of

•vaccination

certificate.

•Prohibition of

•bringing of

•infected animals

•into market and

•other places.

•Disposal of

carcass.

•Powers of

•Veterinary

•Officer and

•Veterinarian to

•hold post-

•mortem

examination.

(3)Every Veterinarian shall, on receipt of a report under sub-section (1), or

•otherwise, if he has reason to believe that any animal is infected with a scheduled

•disease, report the matter to the Veterinary Officer.

•* * * * *

SECTION Section 1231

Untitled Section

5.(1) * * * * *

(3)All other infected animals shall be se gregated by the Municipality,

•Panchayat or other local administration.

SECTION Section 1232

Untitled Section

6.(1) * * * * *

(3)Where a notification has been issued under sub-section (1), all animals of

•the species in the controlled area shall be subjected to compulsory vaccination

•against that disease, and be subjected to such other measures against the disease, in

•such manner and within such time as the State Government, may, by public

•notice, direct.

(4)The State Government shall make available necessary vaccine and it shall

•be obligatory on the part of every owner, or the person in charge of an animal which

•is required to be vaccinated under sub -section (3), to get the animal compulsorily

vaccinated.

•* * * * *

(6)Where a notification has been issued under sub -section (5), no animal of

•the species or of any other susceptible species with regard to which it is a free area

•shall be allowed to enter the free area unless duly immunized by vaccination against

•that particular disease.

SECTION Section 1233

Untitled Section

7.(1) * * * * *

(3)Nothing contained in sub-sections (1) and (2) shall be deemed to prohibit—

•* * * * *

(b)the movement of any such animal, so long as it is accompanied by a

•valid certificate of vaccination to indicate that the animal is duly immunized

•against the particular disease and it bears proper mark of such vaccination.

SECTION Section 1234

Untitled Section

8.(1) * * * * *

(3)The authority issuing a certificate of vaccination shall specify the date of

•vaccination, dates of manufacture and expiry of the vaccine and the date up to which

•the vaccination of the animal with the particular vaccine shall be valid.

•* * * * *

SECTION Section 1235

Untitled Section

13.No person shall bring or attempt to bring into market, fair, exhibition or

•other congregation of animals or to any public place, any animal which is known to

•be infected with a scheduled disease.

•* * * * *

SECTION Section 1236

Untitled Section

26.Every person in possession of carcass (or any part thereof) of any animal,

•which, at the time of its death, was infected with any scheduled disease or was

•suspected to have been infected, shall disp ose it of in such manner as may be

prescribed.

SECTION Section 1237

Untitled Section

27.(1) * * * * *

(2)Every examination and post-mortem referred to in sub-section (1) shall be

•conducted in such manner, and the report of post-mortem shall be in such form, as

•may be prescribed.

•* * * * *

•313

•2 of 1974.

SECTION Section 1238

Untitled Section

•CHAPTER V

•ENFORCEMENT AND PENALTIES

SECTION Section 1239

Untitled Section

29.(1) * * * * *

(3)The costs of any measures taken under sub-section (2), shall be recoverable

•from the person or the municipality or Panchayat, as the case may be, concerned in

•the manner provided by the Code of Criminal Procedure, 1973 for the recovery of

•fines imposed by a Court, as if such costs were a fine imposed by a Court.

SECTION Section 124

Untitled Section

•section 25C.”.

SECTION Section 1240

Untitled Section

30.All Municipal, Panchayat or Village Officers and all officers of the rural

•and dairy development, revenue, agriculture, animal husbandry and veterinary

•departments of the State Government, shall be bound—

(a)to give immediate information to the Veterinary Officer and to the

•Veterinarian having jurisdiction in the area regarding the preva lence of a

•scheduled disease amongst any animal or species of animals, in the area;

(b)to take all necessary measures to prevent the outbreak or spread of

•any scheduled disease; and

(c)to assist the Veterinary Officer and the Veterinarian in the discharge

•of their duties or in the exercise of their powers under this Act.

SECTION Section 1241

Untitled Section

32.Any person who contravenes the provisions of this Act or obstructs the

•Competent Officer in performing his duties shall be guilty of an offence punishable

•with fine which may extend to one thousand rupees, and in case of failure to pay the

•penalty with imprisonment for a term which may extend to one month; and in the

•case of any subsequent offence (whether under the same provision or any other

•provision of this Act except in case of se ctions 31 and 33) with a fine of two

•thousand rupees, or with imprisonment for a term which may extend to two months

•in case of non-payment of the penalty.

SECTION Section 1242

Untitled Section

33.Whoever places or causes or permits to be placed in any river, lake, canal

•or any other water body, the carcass or any part of the carcass of any animal which

•at the time of its death was known to be infected, shall be guilty of an offence and,

•on conviction, be punished, in the case of a first offence with fine of two thousand

•rupees or with impriso nment of one month in case of non -payment of fine and in

•the case of subsequent conviction with a fine of five thousand rupees or

•imprisonment for a term which may extend to three months or with both.

SECTION Section 1243

Untitled Section

39.The Central Government may, with the object of prev ention, control and

•eradication of any infectious or contagious disease of animals, issue such directions

•to the State Government or other authorities under this Act, from time to time,

•including directions for furnishing such returns and statistics on scheduled diseases,

•and vaccination, as it may deem fit and every such direction shall be complied with.

•* * * * *

SECTION Section 1244

Untitled Section

42.(1) * * * * *

(2)In particular and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

(a)the form of vaccination certificate and the particulars which such

•certificate shall contain, under section 9;

•* * * * *

(c)the manner of conducting examination and post -mortem under

•sub-section (1) and the form of report of post-mortem under sub-section (2) of

SECTION Section 1245

Untitled Section

•section 27;

•Enforcement of

•orders and

•recovery of

expenses.

•Village Officers,

etc., to assist.

Penalties.

•Penalty for

•placing infected

•animal or

•carcass in river,

etc.

•Power to issue

directions.

•Power of Central

•Government to

•make rules.

•314

•THE SCHEDULE

•[See sections 2(o) and 38]

(a)Multiple species diseases

SECTION Section 1246

Untitled Section

1.Anthrax.

SECTION Section 1247

Untitled Section

2.Aujeszky’s disease.

SECTION Section 1248

Untitled Section

3.Bluetongue.

SECTION Section 1249

Untitled Section

4.Brucellosis.

SECTION Section 125

Untitled Section

28.1960 24 The Delhi

•Land

•Holdings

•(Ceiling) Act,

•1960

(A)In section 23,—

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

•punishable with imprisonment for a term which may

•extend to six months and with fine which may extend

•to one thousand rupees”, the words “shall be liable to

•penalty which may extend to ten thousand rupees”

•shall be substituted;

•43

(1)(2) (3) (4) (5)

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

•with fine which may extend to one thousand rupees”,

•the words “liable to penalty which may extend to ten

•thousand rupees” shall be substituted.

(B)After section 23, the following sections shall be

•inserted, namely:––

•“23A. Adjudication of penalties .––(1) For the

•purpose of adjudicating penalties under section 23,

•the State Government may appoin t an officer not

•below the rank of Sub -Divisional Magistrate

•(Revenue Assistant) to be the adjudicating officer for

•holding an inquiry and imposing penalties in such

•manner as may be prescribed:

•Provided that the State Government may appoint

•as many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Whoever is aggrieved by an order passed by the

•adjudicating officer under sub-section (1) may, within

•thirty days from the date of receipt of such order,

•prefer an appeal to an officer not below the rank of

•Additional District Magistrate or Deputy

•Commissioner (Revenue), as may be appointed by the

•State Government as an appellat e authority, in such

•form and manner as may be prescribed.

(3)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if the

•appellant satisfies the appellate authority that he had

•sufficient cause for not preferrin g the appeal within

•that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may think fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If a penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub-section (4), as the case may be, is

•not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(C)In section 27, in sub -section (2), after clause ( l),

•the following clauses shall be inserted, namely:––

•“(la) the manner of holding an inquiry and imposing

•penalties under sub-section (1) of section 23A;

•(lb) the form and manner of preferring appeal to the

•appellate authority against the order of adjudicating

•officer under sub-section (2) of section 23A.”.

•44

(1)(2) (3) (4) (5)

SECTION Section 1250

Untitled Section

5.Crimean Congo haemorrhagic fever.

SECTION Section 1251

Untitled Section

6.Echinococcosis/hydatidosis.

SECTION Section 1252

Untitled Section

7.Foot and mouth disesase.

SECTION Section 1253

Untitled Section

8.Heartwater.

SECTION Section 1254

Untitled Section

9.Japanese encephalitis.

SECTION Section 1255

Untitled Section

10.Leptospirosis.

SECTION Section 1256

Untitled Section

11.New world screwworm (Cochliomyia hominivorax).

SECTION Section 1257

Untitled Section

12.Old world screwworm (Chrysomya bezziana).

SECTION Section 1258

Untitled Section

13.Paratuberculosis.

SECTION Section 1259

Untitled Section

14.Q fever.

SECTION Section 126

Untitled Section

29.1961 52 The

•Apprentices

•Act, 1961

(A)In section 2,––

(i)after clause (aaa), the following clause shall be

•inserted, namely:––

•‘(aaaa) “advisory” means a written notice

•issued directing the employer or establishment or

•any other person to comply with the provisions of

•this Act or the rules made thereunder within a

•specified period, without imposing any penalty in

•such format as may be prescribed;’;

•(ii) after clause ( q), the following clause shall be

•inserted, namely:––

•‘(qa) “warning” means a written notice issued

•cautioning the employer or establishment or any

•other person that continued or repeated

•non-compliance with the provisions of this Act or

•the rules made thereunder in such manner and

•format as may be prescribed;’.

(B)For section 30, the following section shall be

•substituted, namely:––

•“30. Offences and penalties for contravention of

•provisions of the Act or rules made thereunder. ––(1)

•If any employer or any other person––

(a)contravenes the provisions of this Act a nd

•rules relating to the number of apprentices which

•he is required to engage; or

(b)required to furnish any information or

•return––

(i)refuses or neglects to furnish such

•information or return; or

•(ii) furnishes or causes to be furnished any

•information or return which is false and which

•he either knows or believes to be false or does

•not believe to be true; or

•(iii) refuses to answer or gives a false answer

•to any question necessary for obtaining any

•information required to be furnished by him; or

(c)refuses or wilfully neglects to afford the

•Central or the State Apprenticeship Adviser or

•such other person, not below the rank of an

•Assistant Apprenticeship Adviser, as may be

•authorised by the Central or the State

•Apprenticeship Adviser in wri ting in this behalf

•any reasonable facility for making any entry,

•inspection, examination or inquiry authorised by

•or under this Act; or

(d)requires an apprentice to work overtime

•without the approval of the Apprenticeship

•Adviser; or

•45

(1)(2) (3) (4) (5)

(e)employs an apprentice on any work which is

•not connected with his training; or

(f)makes payment to an apprentice on the basis

•of piece-work; or

(g)requires an apprentice to take part in any

•output bonus or incentive scheme; or

(h)engages as an apprentice a person who is not

•qualified for being so engaged; or

(i)fails to carry out the terms and conditions of

•a contract of apprenticeship,

•shall be liable for the first contravention with an

•advisory to be complied within thirty days; for the

•second contravention, be liable to warning to be

•complied within fifteen days; and for every

•subsequent contravention, be liable to penalty of not

•less than one thousand rupees but which may extend

•to five thousand rupees.

(2)The provisions of this section shall not apply to

•any establishment or industry which the Central

•Government may, by order exempt with effect from

•such date as may be mentioned therein.”.

(C)In section 31, for the words and figures “for which

•no punishment is provided in sec tion 30, he shall be

•punishable with fine which shall not be less than one

•thousand rupees but may extend to three thousand

•rupees”, the words and figures “or of any rules made

•thereunder for which no penalty is provided in

SECTION Section 1260

Untitled Section

15.Rabies.

SECTION Section 1261

Untitled Section

16.Rift Valley fever.

17.Rinderpest.

SECTION Section 1262

Untitled Section

18.Trichinellosis.

SECTION Section 1263

Untitled Section

19.Tularemia.

SECTION Section 1264

Untitled Section

20.Vesicular stomatitis.

SECTION Section 1265

Untitled Section

21.West Nile fever.

(b)Cattle diseases

SECTION Section 1266

Untitled Section

1.Bovine anaplasmosis.

SECTION Section 1267

Untitled Section

2.Bovine babesiosis.

SECTION Section 1268

Untitled Section

3.Bovine genital campylobacteriosis.

SECTION Section 1269

Untitled Section

4.Bovine spongiform encephalopathy.

SECTION Section 127

Untitled Section

•section 30, he shall be liable for the first contravention

•with an advisory to be complied within thirty days; for

•the second contravention, be liable to warning to be

•complied within fifteen days; and for every subsequent

•contravention, be liable to pen alty of not less than one

•thousand rupees but which may extend to five thousand

•rupees” shall be substituted.

(D)After section 31, the following section shall be

•inserted, namely:––

•“31A. Adjudication of penalties. ––(1) For the

•purpose of adjudicating pen alties under this Act,

•the appropriate Government may, by an order

•published in the Official Gazette, appoint one

•or more adjudicating officers, not below the

•rank of Assistant Apprentic eship Adviser, as an

•adjudicating officer for holding an inquiry and

•imposing penalties in such manner as may be

•prescribed:

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasonable

•opportunity of being heard.

•46

(1)(2) (3) (4) (5)

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub -section ( 1) may,

•within thirty days from the date of receipt of such

•order, prefer an appeal to the appellate authority who

•shall be an officer not below the rank of Deputy

•Apprenticeship Adviser, appointed by the appropriate

•Government, in such form and manner as may be

prescribed.

(3)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.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such order as he may think fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If a penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub-section (4), as the case may be, is

•not deposited, the amo unt shall be recovered as an

•arrear of land revenue.”.

(E)In section 37, sub-section (2) shall be omitted.

SECTION Section 1270

Untitled Section

5.Bovine tuberculosis.

SECTION Section 1271

Untitled Section

6.Bovine viral diarrhoea.

SECTION Section 1272

Untitled Section

7.Contagious bovine pleuropneumonia.

SECTION Section 1273

Untitled Section

8.Enzootic bovine leucosis.

SECTION Section 1274

Untitled Section

9.Haemorrhagic septicaemia.

SECTION Section 1275

Untitled Section

10.Infectious bovine rhinotracheitis/infectious pustular vulvovaginitis.

SECTION Section 1276

Untitled Section

11.Lumpy skin disease.

SECTION Section 1277

Untitled Section

12.Malignant catarrhal fever.

SECTION Section 1278

Untitled Section

13.Theileriosis.

•315

14.Trichomonosis.

SECTION Section 1279

Untitled Section

15.Trypanosomosis.

(c)Sheep and goat diseases

SECTION Section 128

Untitled Section

30.1962 50 The

•Petroleum and

•Minerals

•Pipelines

•(Acquisition

•of Right of

•User in Land)

•Act, 1962

(A)In section 15,—

(i)in the marginal heading, for the word “Penalty”,

•the word “Punishments” shall be substituted;

•(ii) for sub -section (1), the following sub -section

•shall be substituted, namely:—

•“(1) Whoever wilfully obstructs any person in

•doing any of the acts authorised by section 4 or

SECTION Section 1280

Untitled Section

1.Caprine arthritis/encephalitis.

SECTION Section 1281

Untitled Section

2.Contagious agalactia.

SECTION Section 1282

Untitled Section

3.Contagious caprine pleuropneumonia.

SECTION Section 1283

Untitled Section

4.Enzootic abortion of ewes (ovine chlamydiosis).

SECTION Section 1284

Untitled Section

5.Maedi-visna.

SECTION Section 1285

Untitled Section

6.Nairobi sheep disease.

SECTION Section 1286

Untitled Section

7.Ovine epididymitis (Brucella ovis).

SECTION Section 1287

Untitled Section

8.Peste des petits ruminants.

SECTION Section 1288

Untitled Section

9.Salmonellosis (S. abortusovis).

SECTION Section 1289

Untitled Section

10.Scrapie.

SECTION Section 129

Untitled Section

•section 7 or section 8 or wilfully fills up, destroys,

•damages or displaces any trench or mark made

•under section 4 or wilfully does any act prohibited

•under section 9, shall,—

(a)for the first contravention, be liable to

•penalty which may extend to one lakh rupees;

(b)for the second or any subsequent

•contraventions, be punishable with imprisonment

•for a term which may extend to three months, or

•with fine which may extend to one lakh rupees, or

•with both.”;

•(iii) in sub -section ( 2), for the words “ten

•years”, the words “three years” shall be

•substituted;

•(iv) in sub-section (4), for the words “ten years

•but may extend to imprisonment for life or death”,

•the words “five years but ma y extend to

•imprisonment for life” shall be substituted.

•47

(1)(2) (3) (4) (5)

(B)After section 15, the following sections shall be

•inserted, namely:—

•“15A. Adjudication of penalties. ––(1) For the

•purpose of adjudication of penalties under clause (a)

•of sub -section ( 1) of section 15, the Central

•Government shall appoint an officer not below the

•rank of Joint Secretary to the Government of India as

•an adjudicating officer for holding an inquiry and

•imposing penalties in such manner as may be

•prescribed:

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasonable

•opportunity of being heard.

15B.Appeal.—(1) Every appeal against the order

•of the adjudicating authority under this section shall

•lie with the Appe llate Tribunal referred to in

SECTION Section 1290

Untitled Section

11.Sheep pox and goat pox.

(d)Equine diseases

SECTION Section 1291

Untitled Section

1.African horse sickness.

SECTION Section 1292

Untitled Section

2.Contagious equine metritis.

SECTION Section 1293

Untitled Section

3.Dourine.

SECTION Section 1294

Untitled Section

4.Equine encephalomyelitis (Eastern).

SECTION Section 1295

Untitled Section

5.Equine encephalomyelitis (Western).

SECTION Section 1296

Untitled Section

6.Equine infectious anaemia.

SECTION Section 1297

Untitled Section

7.Equine Influenza.

SECTION Section 1298

Untitled Section

8.Equine piroplasmosis.

SECTION Section 1299

Untitled Section

9.Equine rhinopneumonitis.

SECTION Section 13

Untitled Section

6.1925 39 The Indian

•Succession

•Act, 1925

(A)In section 296, in sub -section (2), for the words

•“one thousand rupees, or with imprisonment for a term

•which may extend to three months, or with both”, the

•words “ten thousand rupees” shall be substituted.

(B)In section 389, in sub -section (2), for the words

•“one thousand rupees, or with imprisonment for a term

•which may extend to three months or with both”, the

•words “ten thousand rupees” shall be substituted.

•13

(1)(2) (3) (4) (5)

SECTION Section 130

Untitled Section

•section 30 of the Petroleum and Natural Gas

•Regulatory Board Act, 2006 (19 of 2006) and the

•provisions contained in sections 33, 34, 35 and 36 of

•that Act, shall, mutatis mutandis apply, in relation to

•every such appeal.

(2)The provisions contained in section 37 of the

•Petroleum and Natural Gas Regulatory Board Act,

•2006 (19 of 2006) shall mutatis mutandis apply, in

•relation to every appeal against the order of the

•Appellate Tribunal referred to in sub-section (1).”.

(C)In section 17, in sub-section (2), after clause (b),

•the following clause shall be inserted, namely:––

•“(c) the manner of holding an inquiry and imposing

•penalties under sub-section (1) of section 15A;”.

SECTION Section 1300

Untitled Section

10.Equine viral arteritis.

SECTION Section 1301

Untitled Section

11.Glanders.

SECTION Section 1302

Untitled Section

12.Surra (Trypanosoma evansi).

SECTION Section 1303

Untitled Section

13.Venezuelan equine encephalomyelitis.

(e)Swine diseases

SECTION Section 1304

Untitled Section

1.African swine fever.

SECTION Section 1305

Untitled Section

2.Classical swine fever.

SECTION Section 1306

Untitled Section

3.Nipah virus encephalitis.

SECTION Section 1307

Untitled Section

4.Porcine cysticercosis.

SECTION Section 1308

Untitled Section

5.Porcine reproductive and respiratory syndrome.

SECTION Section 1309

Untitled Section

6.Swine vesicular disease.

SECTION Section 131

Untitled Section

31.1963 41 The Textiles

•Committee

•Act, 1963

(A)In section 17, in sub-section (2),––

(i)in the long line, for the words “conviction, be

•punishable”, the words “contravention, be” shall be

•substituted;

•(ii) for clauses ( i) and ( ii), the following clauses

•shall be substituted, namely:—

•“(i) warned at the first instance;

•(ii) liable to penalty which may extend to

•twenty-five lakh rupees in case of continuing or

•repeated contravention.”.

(B)After section 17, the following section shall be

•inserted, namely:––

•“17A. Adjudication of penalties.––(1) For the

•purpose of adjudicating penalties under clauses ( i)

•and (ii) of sub -section (2) of section 17, the Central

•Government shall appoint an officer not below the

•rank of Director to the Government of India as an

•adjudicating officer for holding an inquiry and

•imposing penalties in such manner as may be

•prescribed:

•48

(1)(2) (3) (4) (5)

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasonable

•opportunity of being heard.

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the date of receipt of such order,

•prefer an appeal to an officer not below the rank of

•Joint Secretary to the Government of In dia as an

•appellate authority who shall be appointed by the

•Central Government, in such form and manner as may

•be prescribed.

(3)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.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such order as he may think fit.

(5)An appeal under sub-section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If a penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub-section (4), as the case may be, is

•not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(C)In section 18,—

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

•accordingly”, the words, brackets and figures “as per

•the provisions specified under clauses ( i) and ( ii) of

•sub-section (2) of section 17” shall be inserted;

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

•accordingly”, the words, brackets and figures “as per

•the provisions specified under clauses ( i) and ( ii) of

•sub-section (2) of section 17” shall be inserted.

(D)Sections 19 and 20 shall be omitted.

(E)In section 22, in sub -section (2), after clause (e),

•the following clauses shall be inserted, namely:—

•“(ea) the manner of holding an inquiry and imposing

•penalties under sub-section (1) of section 17A;

•(eb) the form and manner of preferring appeal to the

•appellate authority against the order of adjudicating

•officer under sub-section (2) of section 17A;”.

SECTION Section 1310

Untitled Section

7.Transmissible gastroenteritis.

•316

(f)Avian diseases

SECTION Section 1311

Untitled Section

1.Avian chlamydiosis.

SECTION Section 1312

Untitled Section

2.Avian infectious bronchitis.

SECTION Section 1313

Untitled Section

3.Avian infectious laryngotracheitis.

SECTION Section 1314

Untitled Section

4.Avian mycoplasmosis (M. gallisepticum).

SECTION Section 1315

Untitled Section

5.Avian mycoplasmosis (M. synoviae).

SECTION Section 1316

Untitled Section

6.Duck virus hepatitis. 1

SECTION Section 1317

Untitled Section

7.Fowl cholera.

SECTION Section 1318

Untitled Section

8.Fowl typhoid.

SECTION Section 1319

Untitled Section

9.Highly pathogenic avian influenza and low pathogenic avian

•influenza in poultry.

SECTION Section 132

Untitled Section

32.1963 45 The

•Administrators-

•General Act,

•1963

•In section 34, in sub -section ( 2), for the words

•“imprisonment which may extend to three months, or

•with fine which may extend to one thousand rupees, or

•with both”, the words “fine which may extend to ten

•thousand rupees” shall be substituted.

•49

(1)(2) (3) (4) (5)

SECTION Section 1320

Untitled Section

10.Infectious bursal disease (Gumboro disease).

SECTION Section 1321

Untitled Section

11.Marek’s disease.

SECTION Section 1322

Untitled Section

12.Newcastle disease.

SECTION Section 1323

Untitled Section

13.Pullorum disease.

SECTION Section 1324

Untitled Section

14.Turkey rhinotracheitis.

(g)Lagomorph diseases

SECTION Section 1325

Untitled Section

1.Myxomatosis.

SECTION Section 1326

Untitled Section

2.Rabbit haemorrhagic disease.

(h)Bee diseases

SECTION Section 1327

Untitled Section

1.Acarapisosis of honey bees.

SECTION Section 1328

Untitled Section

2.American foulbrood of honey bees.

SECTION Section 1329

Untitled Section

3.European foulbrood of honey bees.

SECTION Section 133

Untitled Section

33.1966 4 The

•Seamen’s

•Provident

•Fund Act,

•1966

(A)In section 16,––

(i)in sub -section ( 1), for the words “one year”,

•the words “six months” shall be substituted;

•(ii) in sub -section ( 2), for the words “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 wit h both”, the words

•“shall be liable to penalty which may extend to one

•lakh rupees” shall be substituted;

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

•punishable with imprisonment which may extend to

•three months, or with fine which may extend to one

•thousand rupees, or with both”, the words “be liable

•to penalty which may extend to one lakh rupees”

•shall be substituted;

•(iv) in sub- section (4), for the words “cognizance

•of any offence punishable under this Act or under

•the Scheme except on a report in writ ing”, the

•words, brackets and figure “cognizance of an

•offence punishable under sub -section ( 1) of this

•section except on a report in writing” shall be

•substituted;

(v)after sub-section (4), the following sub-section

•shall be inserted, namely:––

•“(5) The offence under sub -section (1) of this

•section may be compounded for the first

•contravention by an officer authorised by the

•Central Government by notification in this behalf.”.

(B)After section 16, the following section shall be

•inserted, namely:—

•“16A. Adjudication of penalties. —(1) For the

•purpose of adjudicating penalties under

•sub-sections ( 2) and ( 3) of section 16, the Central

•Government shall appoint the Seamen ’s Provident

•Fund Commissioner as an adjudicating officer for

•holding an inquiry and imposing penalties in such

•manner as may be prescribed:

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasonable

•opportunity of being heard.

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub -section ( 1) may ,

•within thirty days from the date of receipt of such

•order, prefer an appeal to an officer not below the

•rank of Director, Directorate General of Shipping,

•appointed by the Central Government as an appellate

•authority, in such form and manner as may be

prescribed.

•50

(1)(2) (3) (4) (5)

(3)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.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may think fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of

filing.

(6)If a penalty imposed by the adjudicating

•officer under sub -section ( 1) or by an order of the

•appellate authority under sub -section ( 4), as the

•case may be, is not deposited, the amount shall be

•recovered as an arrear of land revenue. ”.

(C)After section 24, the following section shall be

•inserted, namely: —

•“24A. Power of Central Government to make

rules.—(1) The Central Government may, by

•notification in the Official Gazette, make rules for

•carrying out the provisions of this Act.

(2)In p articular, and without prejudice to the

•generality of the foregoing power, such rules may

•provide for all or any of the following matters,

•namely:—

(a)the manner of holding an inquiry and

•imposing penalties under sub -section ( 1) of

SECTION Section 1330

Untitled Section

4.Small hive bettle infestation (Aethina tumida).

SECTION Section 1331

Untitled Section

5.Tropilaelaps infestation of honey bees.

SECTION Section 1332

Untitled Section

6.Varroosis of honey bees.

(i)Fish diseases

SECTION Section 1333

Untitled Section

1.Epizootic haematopoietic necrosis

SECTION Section 1334

Untitled Section

2.Infectious haematopoietic necrosis

SECTION Section 1335

Untitled Section

3.Spring viraemia of carp (SVC)

SECTION Section 1336

Untitled Section

4.Viral haemorrhagic septicaemia (VHS)

SECTION Section 1337

Untitled Section

5.Epizootic ulcerative syndrome (EUS)

SECTION Section 1338

Untitled Section

6.Red seabream iridoviral disease (RSID)

SECTION Section 1339

Untitled Section

7.Koi herpesvirus disease (KHV)

SECTION Section 134

Untitled Section

•section 16A;

(b)the form and manner of preferring an

•appeal to the appellate authority against the

•order of adjudicating officer under sub -section

(2)of section 16A.

(3)Every rule made under this section shall be

•laid, as soon as may be after it is made, before each

•House of Parliament, while it is in session, for a

•total period of thirty days which may be comprised

•in one session or in two or more successive

•sessions, and if, before the expiry of the session

•immediately following the session or the successive

•sessions aforesa id, both Houses agree in making

•any modification in the rule or both Houses agree

•that the rule should not be made, the rule shall

•thereafter have effect only in such modified form or

•be of no effect, as the case may be; so, however,

•that any such modifica tion or annulment shall be

•without prejudice to the validity of anything

•previously done under that rule.”.

•51

(1)(2) (3) (4) (5)

SECTION Section 1340

Untitled Section

8.Grouper iridoviral disease

SECTION Section 1341

Untitled Section

9.Viral encephalopathy and retinopathy

SECTION Section 1342

Untitled Section

10.Enteric septicaemia of catfish

SECTION Section 1343

Untitled Section

11.Infection with Aeromonas hydrophila

•317

12.Infection with Edwardsiella tarda

SECTION Section 1344

Untitled Section

13.Infection with Vibrio anguillarum

SECTION Section 1345

Untitled Section

14.Infection with Flavobacterium columnare

SECTION Section 1346

Untitled Section

15.Infection with Streptococus iniae in Tilapia

SECTION Section 1347

Untitled Section

16.Infectious pancreatic necrosis (cold water)

SECTION Section 1348

Untitled Section

17.Infection with Myxobolus spp.

SECTION Section 1349

Untitled Section

18.Infection with Ichthyophthirius multifilis

SECTION Section 135

Untitled Section

34.1968 27 The Civil

•Defence Act,

•1968

(A)In section 11,––

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

•punishable with fine which may extend to five

•hundred rupees, and where such neglect or refusal is

•a continuing one, with a further fine which may

•extend to fifty rupees”, the words “shall be liable to

•penalty which may extend to five hundred rupees,

•and where such neglect or refusal is a continuing one,

•with a further penalty which may extend to fifty

•rupees” shall be substituted;

•(ii) in sub -section ( 2), for the words “shall be

•punishable with fine which may extend to five

•hundred rupees, and where such negligence or failure

•is a continuing one, with a further fine which may

•extend to fifty rupees”, the words “shall be liable to

•penalty which may extend to five hundred rupees,

•and where such negligence or failure is a continuing

•one, with a further penalty which may extend to fifty

•rupees” shall be substituted.

(B)After section 11, the following section shall be

•inserted, namely:––

•“11A. Adjudication of penalties. ––(1) For the

•purpose of adjudicating penalties under sub-sections (1)

•and ( 2) of section 11, the State Government may

•appoint the Controller of Civil Defence as an

•adjudicating officer for holding an inquiry and

•imposing penalties in such manner as may be

•prescribed:

•Provided that the State Government may appoint as

•many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Any person aggrieved by an order of the

•adjudicating officer under sub -section ( 1), ma y,

•within thirty days from the date of receipt of such

•order, prefer an appeal to such officer, at least one

•rank higher than the adjudicating officer, as may be

•appointed by the State Government as an appellate

•authority, in such form and manner as may be

prescribed.

(3)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.

(4)The appellate authority may, afte r giving the

•parties to the appeal an opportunity of being heard,

•pass such order as he may think fit.

•52

(1)(2) (3) (4) (5)

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If a penalty imposed by the adjudicating

•officer under sub -section ( 1) or by an order of the

•appellate authority under sub-section (4), as the case

•may be, is not deposited, the amount shall be

•recovered as an arrear of land revenue.”.

(C)After section 19, the following section shall be

•inserted, namely:––

•“19A. Power of Central Government to make

rules.—(1) The Central Government may, by

•notification in the Official Gazette, make rules for

•carrying out the provisions of this Act.

(2)In particular, and without prejudice to the

•generality of the foregoing power, such rules may

•provide for all or any of the following matters,

•namely:—

•“(a) the manner of holding an inquiry and

•imposing penalties under sub -section ( 1) of

SECTION Section 1350

Untitled Section

19.Infection with Saprolegnia parasitica

SECTION Section 1351

Untitled Section

20.Infestation with Argulus spp.

SECTION Section 1352

Untitled Section

21.Infestation with Dactylogyrus spp.

SECTION Section 1353

Untitled Section

22.Infestation with Lernaea spp

SECTION Section 1354

Untitled Section

23.Infestation with Caligus spp.

(j)Mollusc diseases

SECTION Section 1355

Untitled Section

1.Infection with Bonamia exitiosa

SECTION Section 1356

Untitled Section

2.Infection with Perkinsus olseni

SECTION Section 1357

Untitled Section

3.Infection with abalone herpesvirus

SECTION Section 1358

Untitled Section

4.Infection with Xenohaliotis californiensis

SECTION Section 1359

Untitled Section

5.Infection with Marteilioides chungmuensis

SECTION Section 136

Untitled Section

•section 11A;

(b)the form and manner of preferring appeal

•to the appellate authority against the order of

•adjudicating officer under sub -section ( 2) of

SECTION Section 1360

Untitled Section

6.Acute viral necrosis (in scallops)

SECTION Section 1361

Untitled Section

7.Akoya oyster disease

SECTION Section 1362

Untitled Section

8.Infection with Bomania ostreae

SECTION Section 1363

Untitled Section

9.Infection with Marteilia regringens

SECTION Section 1364

Untitled Section

10.Infection with Perkinsus marinus

SECTION Section 1365

Untitled Section

11.Infection with ostreid herpes virus

(k)Crustacean diseases

SECTION Section 1366

Untitled Section

1.Taura syndrome (TS).

SECTION Section 1367

Untitled Section

2.White spot disease (WSD).

SECTION Section 1368

Untitled Section

3.Yellowhead disease (YHD).

SECTION Section 1369

Untitled Section

4.Infectious hypodermal and haematopoietic necrosis (IHHN).

SECTION Section 137

Untitled Section

•section 11A.”.

SECTION Section 1370

Untitled Section

5.Infectious myonecrosis (IMN).

SECTION Section 1371

Untitled Section

6.White tail disease (MrNV).

SECTION Section 1372

Untitled Section

7.Necrotising hepatopancreatitis (NHP)

SECTION Section 1373

Untitled Section

8.Milky haemolymph disease of spiny lobster (Panulirus spp.)

SECTION Section 1374

Untitled Section

9.Monodon slow growth syndrome

SECTION Section 1375

Untitled Section

10.Acute hepatopancreatic necrosis syndrome (AHPNS)

SECTION Section 1376

Untitled Section

11.Hepatopancreatic parvovirus

SECTION Section 1377

Untitled Section

12.Monodon baculovirus

SECTION Section 1378

Untitled Section

13.Loose shell syndrome

•318

Definitions.

•Prohibition on

•manufacture,

•repair or sale of

•weight or

•measure without

licence.

•Penalty for use

•of non-standard

•weight or

measure.

•Penalty for

•alteration of

•weight and

measure.

•Penalty for

•manufacture or

•sale of

•nonstandard

•weight or

measure.

14.Soft shell syndrome

SECTION Section 1379

Untitled Section

15.Gaffkemia

(l)Amphibian disease

SECTION Section 138

Untitled Section

35.1970 39 The Patents

•Act, 1970

(A)In CHAPTER XX, for the Chapter heading

•“PENALTIES”, the heading “PUNISHMENTS” shall be

substituted.

(B)After section 118, the following proviso shall be

•inserted, namely:––

•“Provided that in the case of contravention of

SECTION Section 1380

Untitled Section

1.Infection with Ranavirus.

SECTION Section 1381

Untitled Section

2.Infection with Batrachochytrium dendrobatidis

(m)Other disease

SECTION Section 1382

Untitled Section

1.Camel pox.

SECTION Section 1383

Untitled Section

2.Leishmaniosis.

•————

•EXTRACTS FROM THE LEGAL METROLOGY ACT, 2009

•(1 OF 2010)

•* * * * *

SECTION Section 1384

Untitled Section

2.* * * * *

(e)“import” with its grammatical variations and cognate expressions,

•means bringing into India from a place outside India;

•* * * * *

SECTION Section 1385

Untitled Section

23.(1) No person shall manufacture, repair or sell, or offer, expose or possess

•for repair or sale, any weight or measure unless he holds a licence issued by the

•Controller under sub-section (2):

•Provided that no licence to repair shall be required by a manufacturer for repair of

•his own weight or measure in a State other than the State of manufacture of the same.

(2)For the purpose of sub -section (1), the Controller shall issue a licence in

•such form and manner, on such conditions, for such period and such area of

•jurisdiction and on payment of such fee as may be prescribed.

•* * * * *

SECTION Section 1386

Untitled Section

•CHAPTER V

•OFFENCES AND PENALTIES

SECTION Section 1387

Untitled Section

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 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 five lakh rupees.

SECTION Section 1388

Untitled Section

26.Whoever tampers with, or alters in any way, any reference standard,

•secondary standard or working standard or increases or decreases or alters any

•weight or measure with a view to deceiving any person or knowing or having reason

•to believe that any person is likely to be deceived thereby, except where such

•alteration is made for the correction of any error noticed therein on verification, shall

•be punished with fine which may extend to fifty thousand rupees and for the second

•and subsequent offence with imprisonment for a term which shall not be less than

•six months but which may extend to one year or with fine or with both.

SECTION Section 1389

Untitled Section

27.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

•319

(b)which bears thereon any 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 1[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.

SECTION Section 139

Untitled Section

•section 39, if in the opinion of the C entral

•Government the invention was not relevant for

•defence purpose or atomic energy at the time of such

•contravention, the provisions contained in this

•section shall not apply.”.

(C)Section 119 shall be omitted.

SECTION Section 1390

Untitled Section

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 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.

SECTION Section 1391

Untitled Section

29.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 t o one

•lakh rupees and for the third and subsequent offence with a fine which may extend

•to two lakh rupees.

SECTION Section 1392

Untitled Section

30.Whoever—

(a)in selling any article or thing by weight, measure or number, delivers

•or causes to be delivered to the purchaser any quantity or number of that article

•or thing less than the quantity or number contracted for or paid for; or

(b)in rendering any service by weight, measure or number, renders that

•service less than the service contracted for or paid for; or

(c)in buying any article or thing by weight, measure or number,

•fraudulently receives, or causes to be received any quantity or number of that

SECTION Section 1393

Untitled Section

•article or thing in excess of the quantity or number contracted for or paid for; or

(d)in obtaining any service by weight, measure or number, obtains that

•service in excess of the service contracted for or paid for,

•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.

SECTION Section 1394

Untitled Section

31.Whoever, being required by or under this Act or the rules made thereunder

•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 thereto,

•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 secon d 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.

SECTION Section 1395

Untitled Section

32.Whoever fails or omits to submit model of any weight or measure for

•approval, shall be punished with fine which may extend to twenty thousand rupees

•and for the second or subsequent offence, with imprisonment for a term which may

•extend to one year and also with fine.

•* * * * *

SECTION Section 1396

Untitled Section

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 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.

•Penalty for

•making any

•transaction, deal

•or contract in

•contravention of

•the prescribed

standards.

•Penalty for

•quoting or

•publishing, etc.,

•of non-standard

units.

•Penalty for

•transactions in

•contravention of

•standard weight

•or measure.

•Penalty for

•non-production

•of documents,

etc.

•Penalty for

•failure to get

•model approved.

•Penalty for sale

•or delivery of

•commodities,

•etc, by

•non-standard

•weight or

measure.

•320

•Penalty for

•rendering

•services by

•non-standard

•weight, measure

•or number.

•Penalty for

•selling, etc., of

•non-standard

packages.

•Penalty for

•contravention by

•Government

•approved Test

Centre.

•Penalty for

•non-registration

•by importer of

•weight or

measure.

•Penalty for

•import of

•non-standard

•weight or

measure.

•Penalty for

•obstructing

•Director,

•Controller or

•legal metrology

officer.

•Penalty for

•giving false

•information or

•false return.

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 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.

SECTION Section 1397

Untitled Section

36.(1) Whoever manufactures, packs, imports, sells, distributes, delivers or

•otherwise transfers, offers, exposes or possesses for sale, or causes to be sold,

•distributed, delivered or otherwise transferred, offered, exposed for s ale any pre -

•packaged commodity which does not conform to the declarations on the package as

•provided in this Act, shall be punished with fine which may extend to twenty -five

•thousand rupees, for the second offence, with fine which may extend to fifty

•thousand rupees and for the subsequent offence, with fine which shall not be less

•than fifty thousand rupees but which may extend to one lakh rupees or with

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

(2)Whoever manufactures or packs or imports or causes to be manufactured

•or packed or imported, any pre-packaged commodity, with error in net quantity as

•may be prescribed shall be punished with fine which shall not be less than ten

•thousand rupees but which may extend to fifty thousand rupees and for the second

•and subsequent offence, with fine which may extend to one lakh rupees or with

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

SECTION Section 1398

Untitled Section

37.(1) Where any Government approved Test Center contravenes any of the

•provisions of this Act or the rules made thereunder, or the conditions of the licence,

•it shall be punished with fine which may extend to one lakh rupees.

•* * * * *

SECTION Section 1399

Untitled Section

38.Whoever imports any weight or measure without being registered 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, or with fine, or with both.

SECTION Section 14

Untitled Section

7.1934 2 The Reserve

•Bank of

•India Act,

•1934

(A)In section 58B,––

(i)in the marginal heading, for the word

•“Penalties”, the word “Offences” shall be substituted;

•(ii) sub-section (4AA) shall be omitted.

(B)In section 58G, in the marginal heading, for the

•word “fine”, the word “penalties” shall be substituted.

SECTION Section 140

Untitled Section

36.1971 40 The Public

•Premises

•(Eviction of

•Unauthorised

•Occupants)

•Act, 1971

(A)For section 11, the following section shall be

•substituted, namely:––

•“11. Offences and contraventions. ––(1) If any

•person unlawfully occupies any public premises,

•including land, other than public premises providing

•residential accommodation, he shall be punishable

•with simple imprisonment for a term which may

•extend to six months, or with fine which shall be

•five per cent. of the land value for every year of

•occupation, or with both.

•53

(1)(2) (3) (4) (5)

(2)If any person unlawfully occupies any public

•premises providing residential accommodation, such

•person shall be liable to penalty of forty times the

•rate of licence fee for that residential

•accommodation for the first month and shall

•increase in telescopic method from second month

•onwards at the rate of ten per cent. per month:

•Provided that a person who, having been lawfully in

•occupation of any public premises or residential

•accommodation by virtue of any authority (whether by

•way of grant, allotment or by any other mode

•whatsoever) continues to be in occupation of such

•premises after such authority has ceased to be valid,

•shall not be guilt y of the offence or contravention

•referred to in sub-section (1) or under this sub-section.

(3)If any person who has been evicted from any

•public premises under this Act, including land but

•other than public premises providing residential

•accommodation, a gain occupies the premises

•without authority for such occupation, he shall be

•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.

(4)If any person who has been evicted from any

•public premises for residential accommodation

•under this Act, again occupies the premises without

•authority for such occupation, he shall be liable to

•penalty of fifty times the rate of licence fee for that

•residential accommodation for the first month and

•shall increase in telescopic method from second

•month onwards at the rate of ten per cent. per month.

(5)Any magistrate convicting a person under

•sub-section (3) may make an order for evicting that

•person summarily and he shall be liable to suc h

•eviction without prejudice to any other action that

•may be taken against him under this Act.”.

(B)In section 11A,––

(i)in the opening portion, for the words and

•figures “The Code of Criminal Procedure, 1973 (2 of

•1974) shall apply to an offence under section 11”,

•the words and figures “The Bharatiya Nagarik

•Suraksha Sanhita, 2023 (46 of 2023), shall apply to

•offences under sub -sections ( 1) and ( 3) of section

•11” shall be substituted;

•(ii) in clause (ii), in sub-clause (1), for the words

•and figures “section 42 of the Code”, the words and

•figures “section 39 of the Sanhita” shall be

substituted.

(C)After section 11A, the following section shall be

•inserted, namely:––

•54

(1)(2) (3) (4) (5)

•“11B. Adjudication of penalties. —(1) For the

•purpose of adjudicating penalties under sub-sections (2)

•and (4) of section 11, the Central Government shall

•appoint an officer at least one rank higher than the

•Estate Officer as an adjudicating officer for holding

•an inquiry and imposing penalties in such manner as

•may be prescribed:

•Provided that the Central Government may appoint

•as many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Any person aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the date of receipt of such order, prefer

•an appeal to such officer, at least one rank higher than

•the adjudicating officer, as may be appointed by the

•Central Government as an appellate authority, in such

•form and manner as may be prescribed.

(3)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if

•the appellant satisfies the appellate authority that he

•had sufficient cause for not preferring the appeal

•within that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If a penalty imposed by the adjudicating

•officer under sub -section ( 1) or by an order of the

•appellate authority under sub-section (4), as the case

•may be, is not deposited, the amount shall be

•recovered as an arrear of land revenue.”.

(D)In section 18, in sub -section (2), after

SECTION Section 1400

Untitled Section

39.Whoever imports any non-standard weight or measure shall be punished with

•fine, which may extend to fifty thousand rupees and for the second or subsequent

•offence, with imprisonment for a term which may extend to one year and also with fine.

SECTION Section 1401

Untitled Section

40.Whoever obstructs the Director, the Controller or any legal metrology officer

•with intent to prevent or deter the Director or the Controller or any legal metrology

•officer from exercising his powers or discharging his functions, or in consequence of

•anything done or attempted to be done by the Director or the Controller or any legal

•metrology officer in the lawful exercise of his powers or discharge of his functions as

•such, or whoever obstructs the entry of the Director or the Controller or any legal

•metrology officer into any premises for inspection and verification of any weight or

•measure or any document or record relating thereto or the net contents of any packaged

•commodity or for any other purpose shall be punished with imprisonment for a term

•which may extend to two years and for the second or subsequ ent offence, with

•imprisonment for a term which may extend to five years.

SECTION Section 1402

Untitled Section

41.(1) Whoever gives any information to the Director, the Controller or any

•legal metrology officer, which he may require or ask for in the course of his duty,

•and which such person either knows or has reason to believe to be false, 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 six months

•and also with fine.

•321

(2)Whoever, being required by or under this Act so to do, submits a return or

•maintains any record or register which is false in material particulars, 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 year

•and also with fine.

•* * * * *

SECTION Section 1403

Untitled Section

45.Whoever, being required to obtain a licence under this Act or the rules

•made thereunder, manufactures, without being in possession of a valid licence, any

•weight or measure, shall be punished with fine which may extend to twenty

•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.

SECTION Section 1404

Untitled Section

46.Whoever, being requi red to obtain a licence under this Act or the rules

•made thereunder repairs or sells or offers, exposes or possesses for repair or sale,

•any weight or measure, without being in possession of a valid licence, 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 year, or

•with fine, or with both.

SECTION Section 1405

Untitled Section

47.Whoever alters or otherwise tampers, with any licence issued or renewed

•under this Act or rules made thereunder, otherwise than in accordance with any

•authorisation made by the Controller in this behalf, shall be punished with fine

•which may extend to twenty thousand rupees, or with imprisonment for a term

•which may extend to one year or with both.

SECTION Section 1406

Untitled Section

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 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, or any rule made under sub-section (3) 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, sections 45 to 47, and any rule made under sub-section (3) of section 52:

•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.

(4)Nothing in sub-section (1) shall apply to person who commits the same or

•similar offence, within a p eriod of three years from the date on which the first

•offence, committed by him, was compounded.

Explanation.—For the purposes of this sub-section, any second or subsequent

•offence committed after the expiry of a period of three years from the date on which

•the offence was previously compounded, shall be deemed to be a first offence.

(5)Where an offence has been compounded under sub -section ( 1), no

•proceeding or further proceeding, as the case may be, shall be taken against the

•offender in respect of the offence so compounded.

(6)No offence under this Act shall be compounded except as provided by this section.

•* * * * *

SECTION Section 1407

Untitled Section

50.(1) Subject to the provisions of sub-section (2), an appeal shall lie,—

•* * * * *

(c)from every decision given by the Controller of Legal Metrology

•under delegated powers of Director Legal Metrology to the Central

•Government;

•Penalty for

•manufacture of

•weight and

•measure without

licence.

•Penalty for

•repair, sale, etc.,

•of weight and

•measure without

licence.

•Penalty for

•tampering with

licence.

•Compounding of

offences.

Appeals.

•322

•Power of the

•Central

•Government to

•make rules.

•Power of State

•Government to

•make rules.

Penalty.

•* * * * *

SECTION Section 1408

Untitled Section

52.(1) * * * * *

(3)In making any rule under this section, the Central Government may

•provide that a breach thereof shall be punishable with fine which may extend to five

•thousand rupees.

•* * * * *

SECTION Section 1409

Untitled Section

53.(1) * * * * *

(2)In particular and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•* * * * *

(c)the form, manner, conditions, period, area of jurisdiction and fees for

•issuance of licence under sub-section (2) of section 23;

•* * * * *

(3)In making any rule under this section, the State Government may provide that

•a breach thereof shall be punishable with fine which may extend to five thousand rupees.

•* * * * *

•————

•EXTRACTS FROM THE CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION)

•ACT, 2010

•(23 OF 2010)

•* * * * *

SECTION Section 141

Untitled Section

•clause ( ea), the following clauses shall be inserted,

•namely:—

•“(eb) the manner of holding an inquiry and imposing

•penalties under sub-section (1) of section 11B;

•(ec) the form and manner of preferring appeal to the

•appellate authority against the order of adjudicating

•officer under sub-section (2) of section 11B;”.

SECTION Section 1410

Untitled Section

•CHAPTER VI

•PENALTIES

SECTION Section 1411

Untitled Section

40.Whoever contravenes any provision of this Act shall, if no penalty is provided

•elsewhere, be punishable for the first offence with fine which may extend to ten

•thousand rupees, for any second offence with fine which may extend to fifty thousand

•rupees and for any subsequent offence with fine which may extend to five lakh rupees.

•Monetary

•penalty for

•non-registration.

•Penalty for

•minor

deficiencies.

•Contravention

•by companies.

41.(1) * * * * *

(3)For the purpose of adjudging under sub-sections (1) and (2), the authority shall

•hold an inquiry in the prescribed manner after giving any person concerned a reasonable

•opportunity of being heard for the purpose of imposing any monetary penalty.

•* * * * *

SECTION Section 1412

Untitled Section

43.Whoever contravenes any provision of this Act or any rule made

•thereunder resulting in deficiencies that do not pose any imminent danger to the

•health and safety of any patient and can be rectified within a reasonable time, shall

•be punishable with fine which may extend to ten thousand rupees.

SECTION Section 1413

Untitled Section

44.(1) Where a person committing contravention of any of the provisions of this

•Act or of any rule made thereunder is a company, every person who, at the time the

•contravention 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 company, shall be deemed to

•be guilty of the contravention and shall be liable to fine:

•Provided that nothing contained in this sub-section shall render any such person

•liable to any punishment if he proves that the contravention was committed without his

•knowledge or that he had exercised all due diligence to prevent the commission of such

contravention.

(2)Notwithstanding anything contained in sub -section ( 1), where a

•contravention of any of the provisions of this Act or of any rule made thereunder

•has been committed by a company and it is proved that the contravention has taken

•place with the consent or connivance of, or is attributable to any neglect on the part

•323

•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

•contravention and shall be liable to fine.

Explanation.—For the purpose of this section,—

(a)“company” means a body corporate and includes a firm or oth er

•association of individuals; and

(b)“director”, in relation to a firm, means a partner in the firm.

•* * * * *

SECTION Section 1414

Untitled Section

46.Whoever fails to pay the fine, the State Council of clinical establishment

•may prepare a certificate signed by an officer authoris ed by it specifying the fine

•due from such person and send it to the Collector of the District in which such person

•owns any property or resides or carries on his business and the said Collector, on

•receipt of such certificate, shall proceed to recover fro m such person the amount

•specified thereunder, as if it were an arrear of land revenue.

•* * * * *

•————

•EXTRACTS FROM THE PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY

•ACT, 2013

•(23 OF 2013)

•* * * * *

SECTION Section 1415

Untitled Section

16.(1) * * * * *

(7)If any person fails without reasonable cause or refuses—

(a)to produce to an Investigating Authority or any person authorised by

•him in this behalf any book, register, other document or record which it is his

•duty under sub-section (2) or sub-section (3) to furnish; or

(b)to furnish any information which it is his duty under sub-section (3)

•to furnish; or

•Recovery of

fine.

•Power of

investigation.

(c)to appear before the Investigating Authority personally when

•required to do so under subsection (5) or to answer any question which is put

•to him by the Investigating Authority in pursuance of that sub-section; or

(d)to sign the notes of any examination referred to in sub-section (6),

•he shall be punishable with imprisonment for a term which may extend to one year,

•or with fine, which may extend to twenty -five crore rupees, or with both, and also

•with a further fine which may extend to ten lakh rupees for every day after the first

•day during which the failure or refusal continues.

•* * * * *

30.(1) For the purposes of adjudging under section 28, the Authority shall

•appoint any of its officers not below the rank specified by regulations to be an

•adjudicating officer for holding an inquiry as may be determined by regulations,

•after giving the pers on concerned a reasonable opportunity of being heard for the

•purpose of imposing any penalty.

(2)While holding an inquiry, the adjudicating officer shall have the power to

•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 has failed

•to comply with the provisions of section 28, he may recommend such penalty as he

•thinks fit in accordance with the provisions of that section, to the member in charge

•of investigation and surveillance.

•Power to

adjudicate.

•324

•Penalties for

•certain offences.

(3)The penalty shall be imposed by a member other than the member in charge

•of investigation and surveillance: Provided that while adjudging the quantum of penalty

•under section 28, the member shall have due regard to the following factors, namely:—

(a)amount of disproportionate gain or unfair advantage, where ver

•quantifiable, made as a result of the default;

(b)amount of loss caused to a subscriber or group of subscribers; and

(c)the repetitive nature of the default.

•* * * * *

•————

•EXTRACTS FROM THE COAL MINES (SPECIAL PROVISIONS) ACT, 2015

•(11 OF 2015)

•* * * * *

SECTION Section 1416

Untitled Section

23.If any person—

(a)obstructs or causes any impediment in taking possession or in the

•management and operation of the Schedule I coal mines by the Central

•Government or the designated custodian; or

(b)fails to deliver to the designated custodian any books of account,

•registers or any other document in his custody relating to Schedule I coal

•mines and coal mining operations in respect of the management of which the

•designated custodian has been appointed; or

(c)destroys or misuses any mine infrastructure or coal stock; or

(d)retains any property of such coal mine or removes or destroys it,

•he and any officer -in-default of the company shall be punishable with

•imprisonment for a term which may extend to two years, or with the minimum

•fine of one lakh rupees per day and in the case of continuing failure, with a

•maximum fine of two lakh rupees for every day during which the failure

•continues or with both, depending upon the nature of the offence.

•Penalty for

•failure to comply

•with directions

•of Central

Government.

•Penalty for

•failure to comply

•with orders of

•Appellate

•Tribunal by

allottee.

24.If any person fails to comply, without reasonable cause, with a direction

•given by the Central Government or nominated authority or the designated

•custodian, he shall be punishable with a fine of one lakh rupees and in the case of

•continuing failure with a maximum fine of two lakh rupees for every day dur ing

•which the failure continues, depending upon the nature of the offence.

•* * * * *

•————

•EXTRACTS FROM THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

•(16 OF 2016)

•* * * * *

SECTION Section 1417

Untitled Section

68.If any allottee, who fails to comply with, or contravenes any of the orders

•or directions of the Appellate Tribunal, as the case may be, he shall be punishable

•with imprisonment for a term which may extend up to one year or with fine for every

•day during which such default continues, which may cumulatively extend up to ten

•per cent. of the plot, apartment or building cost, as the case may be, or with both.

•* * * * *

•————

•325

•EXTRACTS FROM THE RECYCLING OF SHIPS ACT, 2019

•(49 OF 2019)

•* * * * *

SECTION Section 1418

Untitled Section

•CHAPTER IX

•OFFENCES, PENALTIES AND COMPENSATION

SECTION Section 1419

Untitled Section

31.(1) Whoever instals or uses any prohibited hazardous material in a ship in

•contravention of the provisions of this Act or rules or regulations made thereunder

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

•or with fine which may extend to five lakh rupees or with both.

(2)Whoever contravenes the provisions of section 12 shall be punishable with

•imprisonment for a term which may extend to one year or with fine which may

•extend to ten lakh rupees or with both.

•* * * * *

(6)Whoever fails to respond to the notice issued for oil spill under sub-section (2)

•of section 22 shall be punishable—

(i)with a fine which may extend to five lakh rupees in case of non

•response within twelve hours of issuance of first notice;

•(ii) with a fine which may extend to ten lakh rupees in case of non

•response within twenty-four hours of issue of second notice; and

•(iii) with an imprisonment which may extend to three months and with

•a fine which may extend to ten lakh rupees in case of non response beyond

•twenty-four hours of issue of third notice.

•Penalty for

•contravention of

•provisions of

•Act or rules or

regulations.

•2 of 1974.

32.Whoever contravenes any of the provisions of this Act or any rules or

•regulations made thereunder, for which no specific punishment has been 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 two lakh rupees or with both and,

•in the case of a continuing contravention, with an additional fine which may extend

•to five thousand rupees for every day during which such contravention continues

•after the conviction for the first such contravention.

•* * * * *

SECTION Section 142

Untitled Section

37.1972 13 The Marine

•Products

•Export

•Development

•Authority Act,

•1972

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

•“not less than”, the word “of” shall be substituted.

(B)For section 24, the following section shall be

•substituted, namely:––

•55

(1)(2) (3) (4) (5)

•“24. Penalty for failure to produce books and

records.—Any person who, 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.”.

(C)In section 25A, in sub-section (1),—

(i)after the words “penalties under”, the words and

•figures “section 11, section 12,” shall be inserted;

•(ii) the words, brackets and letter “clause ( b) of”

•shall be omitted.

(D)After section 25A, the following section shall be

•inserted, namely:—

•“25B. Officers and employees of Authority to be

•public servants. —All officers and other employees

•of the Authority, when acting or purporting to act in

•pursuance of any of the provisions of this Act, shall

•be deemed to be public servants within the meaning

•of clause ( 28) of section 2 of the Bharatiya Nyaya

•Sanhita, 2023 (45 of 2023).”.

(E)Section 27 shall be omitted.

SECTION Section 1420

Untitled Section

35.Notwithstanding anything contained in the Code of Criminal Procedure, 1973

•every offence under this Act shall be noncognizable, bailable and compoundable.

•* * * * *

SECTION Section 1421

Untitled Section

42.(1) * * * * *

(2)In particular and without prejudice to the generality of the foregoing power,

•such rules may provide for all or any of the following matters, namely:—

•* * * * *

(o)the manner in which the ships are required to act for non-application of

•the provisions of the Act under the proviso to section 30;

•* * * * *

•————

•Penalty for

•contravention of

•provisions of

•this Act or rules

•or regulations

•for which no

•specific

•punishment is

provided.

•Offences to be

•non cognizable,

•bailable and

compoundable.

•Power to make

rules.

•326

•General

•provision for

•punishment of

offences.

•Offences by

companies.

•EXTRACTS FROM THE MAJOR PORT AUTHORITIES ACT, 2021

•(1 OF 2021)

•* * * * *

SECTION Section 1422

Untitled Section

•CHAPTER VII

•PENALTIES

SECTION Section 1423

Untitled Section

62.Any person who contravenes any of the provisions of this Act or any rule,

•regulation or order made thereunder, shall be punishable with fine which may

•extend to one lakh rupees.

SECTION Section 1424

Untitled Section

63.(1) If the person committing an offence under this Act is 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 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 such punishment provided in this Act 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.

(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 connivan ce of, or that the commission of

•the offence is attributable to any negligence on the part of, any director, manager,

•secretary or other officer of the company, such director, manager, secretary, 25 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, the expressions—

(a)“company” means a 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.

•Cognizance of

offences.

•Failure to

•surrender

•certificate of

registration.

•Power to make

regulations.

•CHAPTER VIII

•MISCELLANEOUS

SECTION Section 1425

Untitled Section

64.No court inferior to that of a Metropolitan Magistrate or Judicial

•Magistrate of the first class shall try any offence punishable under this Act or any

•rule or regulation made thereunder.

•* * * * *

•————

•EXTRACTS FROM THE NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE

•PROFESSIONS ACT, 2021

•(14 OF 2021)

•* * * * *

SECTION Section 1426

Untitled Section

58.If any person whose name has been removed from the Central Register or

•a State Register, he shall surrender forthwith his certificate of registration or

•certificate of renewal, as the case may be, or both, failing which he shall be

•punishable with fine which may extend to fifty thousand rupees and in case of a

•continuing offence with an additional fine which may extend to five thousand rupees

•per day after the first day during which the offence continues.

•* * * * *

SECTION Section 1427

Untitled Section

66.(1) * * * * *

(2)In particular, and without prejudice to the generality of the foregoing provisions,

•such regulations may provide for all or any of the following matters, namely:—

•327

•* * * * *

(u)the manner of verification of standards of education in allied and

•healthcare institutions by the State Council under sub -section ( 1) of

SECTION Section 1428

Untitled Section

•section 42; and

•* * * * *

•————

•EXTRACTS FROM THE MARINE AIDS TO NAVIGATION ACT, 2021

•(20 OF 2021)

•* * * * *

SECTION Section 1429

Untitled Section

41.(1) Whoever, commits any act or omits to do any act, which results in

•damage to or destruction of any heritage lighthouse, shall be liable to imprisonment

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

•one lakh rupees, or with both.

(2)Notwithstanding anything contained in sub-section (1), no person shall be

•liable for punishment, if that—

(a)act or omission was necessary to save a life or a vessel; and

(b)such person took all reasonable steps to avoid the destruction,

•fouling, damage, reduction or limitation.

SECTION Section 143

Untitled Section

38.1972 57 The General

•Insurance

•Business

•(Nationalisation)

•Act, 1972

(A)In section 30, 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 lakh rupees or the value of the property,

•whichever is higher, in respect of each contravention,

•and if he persists in such contravention, to a further

•penalty which may extend to fifty thousand rupees for

•every day during which the contravention continues.”

•shall be substituted.

(B)After section 30, the following section shall be

•inserted, namely:—

•“30A. Adjudication of penalties. —(1) For the

•purpose of adjudicating penalties under section 30,

•the Central Government shall appoint an officer not

•below the rank of Joint Secretary to the Government

•of India as an adjudicating officer for holding an

•inquiry and imposing penalties in such manner as

•may be prescribed:

•Provided that the Central Government may appoint

•as many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

•56

(1)(2) (3) (4) (5)

(2)Any person aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the date of receipt of such order, prefer

•an appeal to such officer, at least one rank higher than

•the adjudicating officer, as may be appointed by the

•Central Government as an appellate authority, in such

•form and manner as may be prescribed.

(3)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if the

•appellant satisfies the appellate authority that he had

•sufficient cause for not preferring the appeal within

•that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If a penalty imposed by the adjudicating

•officer under sub -section ( 1) or by an order of the

•appellate authority under sub-section (4), as the case

•may be, is not deposited, the amount shall be

•recovered as an arrear of land revenue.”.

(C)In section 39, in sub -section (2), after clause (e),

•the following clauses shall be inserted, namely:—

•“(ea) the manner of holding an inquiry and imposing

•penalties under sub-section (1) of section 30A;

•(eb) the form and manner of preferring appeal to the

•appellate authority against the order of adjudicating

•officer under sub-section (2) of section 30A;”.

SECTION Section 1430

Untitled Section

42.Every owner or master of a ship, who evades or attempts to evade the

•payment of marine aids to navigation dues, expenses or costs payable in respect of

•the ship under this Act, shall be liable for fine, which may extend up to five times

•the amount of the sum so payable.

•* * * * *

SECTION Section 1431

Untitled Section

•CHAPTER XIV

•MISCELLANEOUS

SECTION Section 1432

Untitled Section

46.(1) * * * * *

(2)In particular and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•Causing damage

•to heritage

lighthouse.

•Evading

•payment of

•marine aids to

•navigation dues.

•Power of Central

•Government to

•make rules.

•* * * * *

(p)form and manner of statement of estimated receipts and expenditure

•to be prepared in consultation with the Comptroller and Auditor -General of

•India under sub-section (2) of section 36;

•* * * * *

•————

•EXTRACTS FROM THE INLAND VESSELS ACT, 2021

•(24 OF 2021)

•* * * * *

SECTION Section 1433

Untitled Section

63.The State Government may appoint or authorise any officer under this

SECTION Section 1434

Untitled Section

•Chapter, for the purpose of detaining any mechanically propelled inland vessel in

•connection with a claim, or an offence under this Chapter, and the procedure thereof

•shall be such as may be prescribed by that Government.

•* * * * *

SECTION Section 1435

Untitled Section

•CHAPTER XVI

•OFFENCES AND PENALTIES

SECTION Section 1436

Untitled Section

87.(1) Whoever, contravenes any of the provisions of this Act, shall be punishable

•with penalty as mentioned in the third column of the Table provided in sub-section (2).

•Detention of

•mechanically

•propelled inland

vessel.

•Offences and

penalties.

•328

(2)The classification of offences for contravention of the provisions of this

•Act and the corresponding penalties therefor shall be as provided in the foll owing

•Table, namely:—

•Section Offence Penalty

(1)(2) (3)

•8 Any owner, operator or construction

•yard, found guilty of construction,

•alteration or modification of

•mechanically propelled inland vessel

•in contravention of section 8.

•Fine which may extend to ten

•thousand rupees for every

•non-compliance found.

•14 (1) Owner, operator or master of any

•mechanically propelled inland vessel,

•using such vessel, without a valid

•certificate of survey has acted in

•contravention of sub-section ( 1) of

SECTION Section 1437

Untitled Section

•section 14.

•Fine which may extend to ten

•thousand rupees for the first

•offence and twenty -five

•thousand rupees for

•subsequent offences.

•18 (1) Owner, operator or master of any

•mechanically propelled inland vessel

•proceeding on any voyage or use a

•mechanically propelled inland vessel

•required to be registered, for any

•service, without a valid certificate of

•registration and in contravention of

•sub-section (1) of section 18.

•Fine which may extend to ten

•thousand rupees for the first

•offence and fifty thousand

•rupees for subsequent

offences.

•19 (1) Owner or master who does not carry

•a valid certificate of registration or

•not making the same available for

•inspection, has acted in contravention

•of sub-section (1) of section 19.

•Fine which may extend to ten

•thousand rupees for every

•non-compliance found.

•24 (3) Owner not displaying the official

•number on the conspicuous part of a

•vessel has acted in contravention of

•sub-section (3) of section 24.

•Fine which may extend to ten

•thousand rupees.

•27 Owner, operator or any person

•responsible for the operation of the

•vessel, has acted in contravention of

SECTION Section 1438

Untitled Section

•section 27.

•Fine which may extend to ten

•thousand rupees for the first

•offence and twenty -five

•thousand rupees for

•subsequent offences.

•28 (2) Owner, operator or master of any

•mechanically propelled inland vessel not

•registering the details of alterations that

•are mandated to be registered as

•specified in sub-section (2) of section 28.

•Fine which may extend to ten

•thousand rupees for the first

•offence and twenty -five

•thousand rupees for

•subsequent offences.

•29 Owner or operator of any

•mechanically propelled inland vessel,

•who does not comply with the

•requirements or has acted in

•contravention of section 29.

•Fine which may extend to

•five hundred rupees for every

•day of non-compliance.

•30 Owner of any mechanically propelled

•inland vessel, has acted in

•contravention of section 30.

•Fine which may extend to ten

•thousand rupees per day or

•imprisonment which may

•extend to one year, or with

both.

•329

•Section Offence Penalty

(1)(2) (3)

•32 (1) Owner of any mechanically propelled

•inland vessel, has acted in contravention

•of subsection (1) of section 32.

•Fine which may extend to

•five thousand rupees for

•every day of non-compliance.

•34 (2) Owner or operator on whose vessel,

•persons under the age of eighteen

•years are employed, has acted in

•contravention of sub -section ( 2) of

SECTION Section 1439

Untitled Section

•section 34.

•Fine which may extend to five

•thousand rupees for every day

•of non -compliance or

•imprisonment not exceeding

•six months, or with both.

•35 Owner or operator of any

•mechanically propelled inland vessel

•without complying with the specified

•minimum manning scale has acted in

•contravention to section 35.

•Fine which may extend to ten

•thousand rupees for the first

•offence and twenty -five

•thousand rupees for

•subsequent offences.

•40 (1)

•and (4)

•The holders of certific ate of

•competency, has acted in

•contravention to the provisions of this

•Act or not surrendered the suspended,

•cancelled or varied certificate issued

•under non -submission of suspended

•or cancelled certificates.

•Fine up to five thousand

•rupees per day or

•imprisonment extending up to

•six months, or with both.

•44 Owner or operator or any person

•responsible for the operation of

•special category vessel, which does

•not comply with the provisions of

SECTION Section 144

Untitled Section

39.1972 78 The

•Richardson

•and Cruddas

•Limited

•(Acquisition

•and Transfer

•of

•Undertaking)

•Act, 1972

(A)In section 24,––

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

•words “shall be punishable with imprisonment for a

•term which may extend to three years, or with fine

•which may extend to ten thousand rupees, or with

•both”, the words “shall be liable to penalty which

•may extend to two lakh rupees” shall be substituted;

•(ii) for the proviso, the following proviso shall be

•substituted, namely:—

•“Provided that the adjudicating officer holding

•an inquiry under clause ( a), (b) or (c) may, at the

•time of imposing penalties on the person found

•liable, order him to deliver up or refund, within a

•period to be fixed by the adjudicating officer, any

•property or money wrongfully withheld or

•wrongfully obtained or any document wilfully

•withheld or not furnished.”;

•(iii) sub-section (2) shall be omitted.

•57

(1)(2) (3) (4) (5)

(B)After section 24, the following section shall be

•inserted, namely:—

•“24A. Adjudication of penalties. —(1) For the

•purpose of adjudicating penalties under sub-section (1)

•of section 24, the Central Government shall appoint an

•officer not below the rank of Deputy Secretary to the

•Government of India, as an adjudicating officer for

•holding an inquiry and imposing penalties in such

•manner as may be prescribed:

•Provided that the Central Government may appoint

•as many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub -section ( 1) may,

•within thirty days from the date of receipt of such

•order, prefer an appeal to such officer not below the

•rank of Joint Secretary to the Government of India,

•as may be appointed by the Central Go vernment as

•an appellate authority, in such form and manner as

•may be prescribed.

(3)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if

•the appellant satisfies the appellate authority that he

•had sufficient cause for not preferring the appeal

•within that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If a penalty imposed by the adjudicating

•officer under sub -section ( 1) or by an order of the

•appellate authority under sub-section (4), as the case

•may be, is not deposited, the amount shall be

•recovered as an arrear of land revenue.”.

(C)Sections 25 and 26 shall be omitted.

(D)In section 31, in sub-section (2), after clause (b),

•the following clauses shall be inserted, namely:––

•“(ba) the manner of holding an inquiry and imposing

•penalties under sub-section (1) of section 24A;

•(bb) the form and manner of preferring appeal to the

•appellate authority against the order of adjudicating

•officer under sub-section (2) of section 24A;”.

•58

(1)(2) (3) (4) (5)

SECTION Section 1440

Untitled Section

•Chapter VII.

•Fine which may extend to ten

•thousand rupees for every day

•of non -compliance or

•imprisonment extending up to

•six months, or with both.

•47 Owner, operator or master of any

•mechanically propelled vessel

•registered, recognised or identified

•under this Act, for not equipping the

•vessels or exhibiting the lights and

•signals specified under Chapter VIII.

•Fine which may extend to ten

•thousand rupees for the first

•offence and twenty -five

•thousand rupees for

•subsequent offences.

•48 Owner, operator or master not

•ensuring safe navigation or causing

•damage due to non -observance of

regulations.

•Fine which may extend to

•twenty-five thousand rupees.

•49 and

•50 (1)

•Owner, operator or master of any

•mechanically propelled vessel plying

•in inland waters abstaining from

•proceeding to render assistance after

•answering to the distress signal.

•Fine which may extend to ten

•thousand rupees.

•51 (2) The owner, operator or master of any

•mechanically propelled inland vessel

•proceeding to conduct any voyage

•without complying with the

•requirements of n avigation aids,

•life-saving appliances, fire detection

•and extinguishing appliances and

•communication appliances as

•specified under sub -section ( 2) of

SECTION Section 1441

Untitled Section

•section 51.

•Fine which may extend up to

•fifty thousand rupees.

•330

•Section Offence Penalty

(1)(2) (3)

•52 (2)

•and (3)

•The owner, operator or master of any

•mechanically propelled vessel causing

•pollution by discharging or dumping of

•pollutants in inland waters.

•Fine which may extend to

•fifty thousand rupees.

•53 (4) The owner, operator or master of any

•mechanically propelled vessel, who

•are required under this Act to possess

•a valid prevention of pollution

•certificate, plying or using the vessel

•without the said valid certificate.

•Fine which may extend to

•twenty-five thousand rupees.

•54 (2)

•and (5)

•The owner or operator of any

•reception facility who does not

•comply with the standards and

•obligations stipulated.

•Fine which may extend to

•fifty thousand rupees.

•55 (4) The owner or operator of the terminal

•who operates without complying with

•the notice issued under sub-section (4)

•of section 55.

•Fine which may extend to ten

•thousand rupees per day of

•non-compliance beyond period

•of notice.

•57 Any owner, operator or any person

•who intentionally cause wreck within

•inland waters.

•Fine amounting to fifty

•thousand rupees and

•imprisonment which may

•extend to three years.

•58 (2) Any person who is guilty of offence

•committed by contravention of

•sub-section (2) of section 58.

•Fine which may extend to ten

•thousand rupees.

•66 Any owner or master plying any

•mechanically propelled inland vessel

•without a valid insurance as provided

•under section 66.

•Fine which may extend to ten

•thousand rupees and

•detention of the vessel till

•certificate of insurance is

procured.

•74 (2) The owner, operator or master of any

•mechanically propelled inland vessel

•not complying with sub-section (2) of

SECTION Section 1442

Untitled Section

•section 74.

•Fine which may extend to ten

•thousand rupees.

•79 (2) Any person who holds a certificate

•issued under Chapter VI and fails to

•surrender suspended or cancelled

certificates.

•Fine which may extend to ten

•thousand rupees for every day

•of non-submission.

•80 Any person, in the capacity of a

•service provider or a service user, who

•acts in contravention of section 80.

•Fine which may extend to

•fifty thousand rupees.

•82 Master or operator of any foreign

•vessels acting in contravention of

•sub-section (1) of section 82.

•Fine which may extend to fifty

•thousand rupees or

•imprisonment which may

•extend to one year, or with both.

•83 Owner, operator or master of

•mechanically propelled inland vessel,

•who does not comply with the

•requirement of pilotage in

•contravention of section 83.

•Fine which may extend to

•fifty thousand rupees or

•imprisonment which may

•extend to three years, or with

both.

•331

•Section Offence Penalty

(1)(2) (3)

•97 Any person employed on inland

•vessel for neglect or refusal to join or

•desertion of vessel in violation of his

•obligation as provided under

SECTION Section 1443

Untitled Section

•section 97.

•Forfeiture of a sum not

•exceeding two days’ pay, and

•in addition for every

•twenty-four hours of absence,

•either a sum not exceeding six

•days’ pay or any expenses

•properly incurred in hiring a

•substitute, from his wages and

•also to imprisonment which

•may extend to two months.

•102 Any person found guilty of causing

•obstruction or has acted in

•contravention of section 102.

•Fine which may extend to

•fifty thousand rupees or

•imprisonment which may

•extend to three years, or with

both.

(3)Any person who acts in contravention of the provisions of this Act or the

•rules made thereunder, but for which an offence is not specifically provided in this

•Act, shall be punishable with fine not exceeding three lakh rupees or with

•imprisonment up to a term which may extend to three years, or with both.

(4)Where the owner or master of any mechanically propelled inland vessel is

•convicted of an offence under this Act or any rule made thereunder, committed on

•board, or in relation to that mechanically propelled vessel, and is sentenced to pay a

•fine, the Magistrate who passes the sentence may direct the amount of the fine to be

•levied by distress and sale of the mechanically propelled vessel, or its appurtenance

•so much thereof as is necessary.

(5)Where an inland vessel has been used in contravention of the provisions of

•this Act or the rules made thereunder, the details of the offence, the offender and the

•vessel shall be recorded in such form and manner, as may be specified by the Central

•Government by notification.

(6)The State Government shall appoint courts not inferior to that of a

•Magistrate of the first class, for the purpose of conducting trial of any person who

•is charged of any offence as provided under this Act or the rules made thereunder.

•* * * * *

SECTION Section 1444

Untitled Section

107.(1) * * * * *

(2)In particular and without prejudice to the gene rality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•* * * * *

(z)the procedures for detention, formality, fees and conditions, if not

•specified in this Act, to be followed and observed by the concerned officer or

•authority or court, appointed or authorised or constituted under this Act, for

•the purpose of detaining a vessel, under sub-section (4) of section 85;

•* * * * *

•————

•Power of State

•Government to

•make rules.

•332

•Penalty for

•contravention of

•certain

•provisions of

•Act by person.

•Penalty where

•no provision

•made in Act.

•Power to make

rules.

•EXTRACTS FROM THE INDIAN ANTARCTIC ACT, 2022

•(13 OF 2022)

•* * * * *

SECTION Section 1445

Untitled Section

•CHAPTER IX

•OFFENCES AND PENALTIES

SECTION Section 1446

Untitled Section

41.Any person who contravenes the provisions of,—

•* * * * *

(e)section 14 or section 32, shall be punishable with imprisonment for

•a term which may extend to one year, or with fine which shall not be less than

•five lakh rupees but which may extend to twenty lakh rupees, or with both.

•* * * * *

SECTION Section 1447

Untitled Section

44.Any person who contravenes the provisions of this Act or fails to comply

•with any provision thereof which it was his duty to compl y with, and in respect of

•which no penalty is specifically provided in this Act, shall be punishable with fine

•which may extend to ten lakh rupees.

•* * * * *

SECTION Section 1448

Untitled Section

55.(1) * * * * *

(2)Without prejudice to the generality of the foregoing power, such rules may

•provide for all or any of the following matters, namely:—

•* * * * *

(s)the cost of response action under sub -section (2) and the amount of

•penalty to be paid by the Operator under sub-section (3), of section 39;

•* * * * *

•————

•EXTRACTS FROM THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023

•(18 OF 2023)

•* * * * *

•Revision of fines

•and penalties.

•Punishment for

•participating in

•coasting trade

•after licence

•ceases to be

valid.

3.The fines and penalties provided under various provisions in the enactments

•mentioned in the Schedule shall be increased by ten per cent. of the minimum

•amount of fine or penalty, as the case may be, prescribed therefor, after the expiry

•of every three years from the date of commencement of this Act.

•* * * * *

•————

•EXTRACTS FROM THE COASTAL SHIPPING ACT, 2025

•(20 OF 2025)

•* * * * *

SECTION Section 1449

Untitled Section

16.Whoever engages in coasting trade in contravention of the provisions of clause

(b)of sub-section (4) of section 5, shall be punishable with imprisonment for a term

•which may extend to six months, or with fine which may extend to ten lakh rupees, or

•two times the value of all fees or commission or payments received by the licensee of

•the vessel for all voyages conducted in contravention, whichever is greater, or with both,

•and the vessel shall also be liable for detention under section 29.

•* * * * *

•333

•46 of 2023.

SECTION Section 145

Untitled Section

40.1974 47 The Oil

•Industry

•(Development)

•Act, 1974

(A)In section 23,––

(i)in the marginal heading, for the word “Penalties”,

•the word “Punishments” shall be substituted;

•(ii) in clause ( a), after the words “or does not

•believe to be true”, the words “shall be liable to

•penalty which may extend to five crore rupees” shall

•be inserted;

•(iii) in clause ( b), for the words “punishable with

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

•which may extend to five thousand rupees, or with both”,

•the words and figures “deemed to have committed an

•offence under section 221 of the Bharatiya Nyaya Sanhita,

•2023 (45 of 2023)” shall be substituted.

(B)After section 23, the following section shall be

•inserted, namely:—

•“23A. Certain persons to be public servants. —

•Member, officer or any other employee of the Board

•empowered by the Central Government, while

•exercising any power or performing any duty under

•this Act, shall be deemed to be a public servant within

•the meaning of clause ( 28) of section 2 of the

•Bharatiya Nyaya Sanhita, 2023 (45 of 2023).”.

(C)For section 24, the following section shall be

•substituted, namely:––

•“24. Adjudication of penalties.––For the purpose of

•adjudicating penalties under clause (a) of section 23, the

•Central Government shall appoint an officer not below

•the rank of Joint Secretary to the Government of India as

•an adjudicating officer for holding an inquiry and

•imposing penalties in such manner as may be prescribed:

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasonable

•opportunity of being heard.

24A.Appeal.––(1) Every appeal against the order

•of the adjudicating officer under section 24, shall lie

•with the Appellate Tribunal referred to in section 30

•of the Petroleum and Natural Gas Re gulatory Board

•Act, 2006 (19 of 2006) and the provisions contained

•in sections 33, 34, 35 and 36 of that Act, shall, mutatis

•mutandis apply, in relation to every such appeal.

(2)The provisions contained in section 37 of the

•Petroleum and Natural Gas Regu latory Board Act,

•2006 (19 of 2006) shall mutatis mutandis apply, in

•relation to every appeal against the order of the

•Appellate Tribunal referred to in sub-section (1).”.

(D)For section 25, the following section shall be

•substituted, namely:––

•59

(1)(2) (3) (4) (5)

•‘25. Offence or contravention by companies. ––(1)

•Where an offence or a contravention under this Act has

•been committed by a company, every person who, at the

•time the offence or the contravention 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 company shall be deemed to be guilty of the offence

•or liable for the contravention 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

•or penalty, if he proves that the offence or the

•contravention was committed without his knowledge

•or that he exercised all due diligence to prevent the

•commission of such offence or the contravention.

(2)Notwithstanding anyth ing contained in

•sub-section (1), where an offence or a contravention

•under this Act has been committed by a company and it

•is proved that the offence or the contravention 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 or liable for

•that contravention 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; and

(b)“director”, in relation to a firm, means a

•partner in the firm.’.

(E)In section 31, in sub -section (2), after clause (o),

•the following clause shall be inserted, namely:––

•“(oa) the manner of holding an inquiry and

•imposing penalties under section 24;”.

SECTION Section 1450

Untitled Section

18.If any licensee or agent on whom a notice has been served under

•sub-section (2) of section 35—

(a)fails to furnish the information required within the time specified; or

(b)furnishes any information or makes any statement which the licensee

•or agent knows to be false on any material particular,

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

•months, or with fine which may extend to fifty thousand rupees, or with both, and

•the vessel shall also be liable for detention under section 29.

•* * * * *

SECTION Section 1451

Untitled Section

26.(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha

•Sanhita, 2023, any offence punishable under sections 15 to 20 of this Act may, before

•or after the institution of prosecution, be compounded by an officer designated by the

•Central Government by notification in this behalf, on payment for credit to the Central

•Government of such sum and in such manner as may be prescribed:

•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 offences so compounded:

•Provided further that i n case of subsequent offence, the same shall not be

compounded.

•* * * * *

SECTION Section 1452

Untitled Section

30.(1) The principal officer shall be the adjudicating officer for the purposes

•of imposing penalty under sections 21 to 25.

•* * * * *

(5)Any penalty imposed under sections 21 to 25 may be compounded for the

•first contravention by an officer designated by the Central Government by

•notification in this behalf.

•* * * * *

•————

•Punishment for

•failure to furnish

•information or

•furnishing false

•information after

notice.

•Compounding of

•certain offences.

•Adjudicating

•officer for

•imposition of

•penalty, appeal

•and procedure

therefor.

•EXTRACTS FROM THE MERCHANT SHIPPING ACT, 2025

•(24 OF 2025)

•* * * * *

•PART XIV

•PENALTIES AND PROCEDURES

SECTION Section 1453

Untitled Section

281.(1) * * * * *

(3)The offences mentioned in column ( 2) of the table below, shall be

•punishable to the extent mentioned in column (4) of the said table, with reference to

•such offences, respectively.

•Table

Sl.

No.

•Offences Section to

•which offence

•is referred

•Imprisonment or

•fine or both

(1)(2) (3) (4)

•* * * * *

SECTION Section 1454

Untitled Section

12.If a seafarer on or before being

•engaged wilfully and

•fraudulently makes a false

•statement of the name of his last

•vessel or alleged last vessel or

•wilfully and fraudulently makes a

•false statement of his own name.

•General Fine which may

•extend to fifty

•thousand rupees.

•* * * * *

•————

•Offences and

penalties.

•334

•Authority for

•imposition of

•penalty and

•procedure

therefor.

•Recovery of fine

•or penalty.

•EXTRACTS FROM THE INDIAN PORTS ACT, 2025

•(27 OF 2025)

•* * * * *

54.(1) The authority for imposing the penalty under the Second Schedule shall

•be the conservator.

(2)For the purposes of imposition of penalty under this Chapter, where the

•conservator is a body of persons, the authority for imposition of penalty shall mean,

•one person appointed from amongst such body of persons, in such manner as may

•be prescribed by the appropriate Government.

(3)The conservator shall, before imposing any penalty specified under the

•Second Schedule, give the parties an opportunity of being heard.

(4)Every order of imposition of penalty under this section shall be in writing.

(5)Any contravention of the provisions of this Act for which penalty has been

•provided may be compounded for the first contravention by such officer as may be

•notified by the Central Government in this behalf.

•* * * * *

SECTION Section 1455

Untitled Section

58.Any fine imposed by the Magistrate under the First Schedule, or, penalty

•imposed by the conservator under the Second Schedule, may be recovered by

•distress and sale of the vessel or part thereof, as may be deemed necessary.

•* * * * *

•THE FIRST SCHEDULE

•[See section 53(2)]

•Punishment for certain offences

Sl.

No.

•Offences Section to

•which

•offence is

•referred

•Punishment

(1)(2) (3) (4)

SECTION Section 1456

Untitled Section

1.If any port commences

•or carries on operations in

•contravention of section 10

•10 Fine which may extend to

•one lakh rupees and in

•addition, a fine which may

•extend to ten thousand rupees

•for every day during which the

•offence continues after

conviction.

SECTION Section 1457

Untitled Section

2.If any port other than

•major port or port officer

•fails to comply with

•directions of the State

•Maritime Board under

•sub-section (3) of section 15

•15(3) In case of contravention by

•port officer, fine which may

•extend to ten thousand rupees

•and in addition, fine not

•exceeding one thousand rupees

•for every day during which the

•offence continues after

conviction.

•In case of contravention by

•port, fine which may extend to

•two lakh rupees and in addition,

•fine not exceeding twenty

•thousand rupees for every day

•during which the offence

•continues after conviction.

•335

(1)(2) (3) (4)

SECTION Section 1458

Untitled Section

3.If any master of a vessel

•fails to permit warps or

•hawsers to be made fast or

•let go of any warps or

•hawsers in contravention of

SECTION Section 1459

Untitled Section

•section 27

•27 Imprisonment which may

•extend to six months or fine

•which may extend to one lakh

•rupees or both.

SECTION Section 146

Untitled Section

41.1978 34 The Delhi

•Police Act,

•1978

(A)In section 59, in sub-section (2),––

(i)in clause ( c), the words, brackets and figures

•“sub-section (1) of section 108” shall be omitted;

•(ii) in clause ( e), the words and figures “section

•101, section 102 or” shall be omitted.

(B)For section 85, the following section shall be

•substituted, namely:––

•“85 Causing obstruction and annoyance by

•performances, etc.––No person shall, in contravention

•of any regulation made by the Commissioner of Police,

•exhibit any mimetic, musical or other performances of

•60

(1)(2) (3) (4) (5)

•such a nature as may attract crowds, whereby any

•obstruction to passengers or annoyance to the residents

•in the vicinity may be occasioned.”.

(C)Sections 88, 89 and 90 shall be omitted.

(D)Section 95 shall be omitted.

(E)For section 97, the following section shall be

•substituted, namely:––

•“97. Penalties for offences under sections 80 to 87

•and sections 91 to 94 or section 96. —Any person who

•contravenes any of the provisions of sections 80 to 87,

•sections 91 to 94 or section 96 shall, on conviction, be

•punished with fine which may extend to one hundred

•rupees, or, in default of payment of such fine, with

•imprisonment for a term not exceeding eight days.”.

(F)Sections 98 and 99 shall be omitted.

(G)Sections 101, 102 and 103 shall be omitted.

(H)In section 104, for the words and figures

•“mentioned in section 410 of the Indian Penal Code (45

•of 1860) or by any offence punishable under

SECTION Section 1460

Untitled Section

4.If master omits to take

•order to extinguish the fire

•or obstructs the conservator

•or any person in

•extinguishing or attempting

•to extinguish the fire, in

•contravention of section 28

•28 Imprisonment which may

•extend to six months or fine

•which may extend to one lakh

•rupees or both.

SECTION Section 1461

Untitled Section

5.If any person does or

•omits to do any act relating

•to safety of vessels in

•contravention of

•sub-section (1) of section 29

•29(1) Imprisonment which may

•extend to six months or fine

•which may extend to one lakh

•rupees or both.

6.If the master of the

•vessel causes or suffer any

•warp or hawser attached to

•his vessel to be left out in

•any port in contravention of

•sub-section (2) of section 29

•29(2) Imprisonment which

•may extend to six months

•or fine which may extend

•to one lakh rupees or both.

SECTION Section 1462

Untitled Section

7.If any person commits

•any act in contravention of

•sub-section (3) of section 29

•29(3) Imprisonment which

•may extend to six months

•or fine which may extend

•to one lakh rupees or both.

SECTION Section 1463

Untitled Section

8.If any unauthorised

•person searches for lost

•stores in contravention of

SECTION Section 1464

Untitled Section

•section 30

•30 Imprisonment which

•may extend to six months

•or fine which may extend

•to one lakh rupees or both.

SECTION Section 1465

Untitled Section

9.If any person injures any

•bank or shore in

•contravention of section 31

•31 Imprisonment which

•may extend to six mon ths

•or fine which may extend

•to one lakh rupees or both.

SECTION Section 1466

Untitled Section

10.If any port fails to

•provide adequate reception

•facilities in contravention

•of section 36

•36 Fine which may extend

•to two lakh rupees.

SECTION Section 1467

Untitled Section

11.If any port fails to

•comply with directions of

•the Central Government

•under section 37

•37 Fine which may extend

•to one lakh rupees and in

•addition, fine which may

•extend to twenty thousand

•rupees for every day

•during which the offence

•continues after conviction.

SECTION Section 1468

Untitled Section

12.If any port fails to

•prepare a port waste

•reception and handling plan

•in contravention of

•sub-section (1) of section 38

•38(1) Fine which may extend

•to one lakh rupees.

•336

(1)(2) (3) (4)

SECTION Section 1469

Untitled Section

13.If any port fails to

•implement the approved

•port waste reception and

•handling plan in

•contravention of

•sub-section (2) of section 38

•38(2) Fine which may extend

•to one lakh rupees.

SECTION Section 147

Untitled Section

•section 417, section 418, section 419 or section 420 of

•the said Code”, the words and figures “mentioned in

SECTION Section 1470

Untitled Section

14.If any port fails to

•communicate any

•information to vessels in

•contravention of

•sub-section (3) of section 38

•38(3) Fine which may extend

•to twenty thousand rupees.

SECTION Section 1471

Untitled Section

15.If any port fails to report

•the particulars of any

•incident in contravention of

•sub-section (1) of section 44

•44(1) Fine which may extend

•to one lakh rupees.

16.If any port fails to

•comply with the directions

•issued by the Central

•Government under

•sub-section (2) of section 44

•44(2) Fine which may extend

•to one lakh rupees and in

•addition, fine which may

•extend to ten thousand

•rupees for every day

•during which the offence

•continues after conviction.

SECTION Section 1472

Untitled Section

17.If any port fails to prepare

•a safety, security, disaster

•management and pollution

•incident emergency

•preparedness and response

•plan in contravention of

•sub-section (1) of section 66

•66(1) Fine which may extend

•to two lakh rupees.

SECTION Section 1473

Untitled Section

18.If any port fails to

•comply with the directions

•issued by the conservator in

•contravention of

•sub-section (4) of section 66

•66(4) Fine which may extend

•to two lakh rupees.

SECTION Section 1474

Untitled Section

19.If any port fails to report

•particulars of any incident in

•contravention of section 67

•67 Fine which may extend

•to one lakh rupees.

SECTION Section 1475

Untitled Section

20.If any port fails to

•provide shore based

•welfare services in

•contravention of section 68

•68 Fine which may extend

•to twenty thousand rupees.

SECTION Section 1476

Untitled Section

21.If any port fails to comply

•with directions of the Central

•Government issued under

•sub-section (1) of section 69

•69(1) Fine which may extend

•to fifty thousand rupees.

SECTION Section 1477

Untitled Section

22.If any port fails to

•develop or maintain a

•vessel traffic service in

•contravention of

•sub-section (2) of section 69

•69(2) Fine which may extend

•to one lakh rupees.

•337

(1)(2) (3) (4)

SECTION Section 1478

Untitled Section

23.If any port fails to obtain

•prior clearance in

•contravention of section 71

•71 Fine which may extend

•to fifty thousand rupees.

•THE SECOND SCHEDULE

•[See section 53(3)]

•Penalty for certain contraventions

Sl.

No.

•Contravention Section Penalties

(1)(2) (3) (4)

SECTION Section 1479

Untitled Section

1.If any person refuses or

•neglects to obey any

•direction of the conservator

•issued under section 19

•19 Penalty which may extend

•to fifty thousand rupees and

•in addition, penalty not

•exceeding five thousand

•rupees for every day during

•which the contravention

•continues after conviction.

SECTION Section 148

Untitled Section

•section 317 of the Bharatiya Nyaya Sanhita, 2023 (45

•of 2023) or by any offence punishable under

SECTION Section 1480

Untitled Section

2.If any owner has without

•lawful excuse caused any

•obstruction or impediment

•under section 20

•20 Penalty which may

•extend to two lakh rupees

•and in addition, penalty not

•exceeding twenty thousand

•rupees for every day during

•which the contravention

•continues after conviction.

SECTION Section 1481

Untitled Section

3.If any master of a vessel

•or any other person lifts the

•buoys or moorings without

•assistance of the conservator

•in contravention of

•sub-section (1) of section 22

•22(1) Penalty which may

•extend to one lakh rupees.

SECTION Section 1482

Untitled Section

4.If the master of the

•vessel, or any person in

•possession or occupation of

•the building or place,

•without lawful excuse,

•refuses to allow the

•conservator or any person

•to board or enter such

•vessel, building or place in

•contravention of section 23

•23 Penalty which may

•extend to ten thousand

•rupees for the first offence

•and in addition, penalty

•not exceeding ten

•thousand rupees for every

•day during which the

•contravention continues.

SECTION Section 1483

Untitled Section

5.If any person without

•lawful excuse, removes,

•destroys or damages any

•property in contravention of

•sub-section (1) of section 26

•26(1) Penalty which may extend

•to one lakh rupees and in

•addition, expenses for any

•loss, destruction or damage

•suffered by the port, including

•expenses of any inspection or

•survey carried out.

SECTION Section 1484

Untitled Section

6.If any owner or master

•of a vessel enters, leaves or

•moves in any port in

•contravention of

•sub-section (1) of section 32

•32(1) Penalty which may

•extend to two lakh rupees.

•338

(1)(2) (3) (4)

SECTION Section 1485

Untitled Section

7.If any operator, agent or

•master of a vessel fails to

•submit an advance waste

•notice in contravention of

SECTION Section 1486

Untitled Section

•section 39

•39 Penalty which may

•extend to twenty thousand

rupees.

SECTION Section 1487

Untitled Section

8.If any master of a vessel

•fails to deliver all its

•vessel-generated waste to a

•reception facility in

•contravention of

•sub-section (1) of section 40

•40(1) Penalty which may

•extend to one lakh rupees.

SECTION Section 1488

Untitled Section

9.If the owner or master of

•any vessel fails to pay the

•charges payable or fails to

•comply with the conditions

•under section 41

•41 Penalty which may

•extend to twenty thousand

•rupees and in addition,

•penalty which may extend

•to two thousand rupees for

•every day during which the

•contravention continues.

10.If any person fails to

•upload information on the

•portal in contravention of

SECTION Section 1489

Untitled Section

•section 43

•43 Penalty which may

•extend to ten thousand

rupees.

SECTION Section 149

Untitled Section

•section 318 or section 319 of the said Sanhita” shall be

substituted.

(I)In section 105, for the words and figures

•“meaning of section 410 of the Indian Penal Code ( 45

•of 1860) or property in respect of which any offence

•punishable under section 417, section 418, section 419

•or section 420 of the said Code”, the words and figures

•“meaning of section 317 of the Bharatiya Nyaya

•Sanhita, 2023 (45 of 2023) or by any offe nce

•punishable under section 318 or section 319 of the said

•Sanhita” shall be substituted.

(J)Section 106 shall be omitted.

(K)Section 108 shall be omitted.

(L)In section 110,—

(i)in the marginal heading, for the word “Penalty”,

•the word “Punishment” shall be substituted;

•(ii) for clause ( b), the following clauses shall be

•substituted, namely:—

•“(b) if the regulation was made under clause (i),

(j), sub -clause (ii) of clause ( s) or clause ( v) of

•sub-section (1) of section 28, with imprisonment for

•a term which may extend to eight days, or with fine

•which may extend to fifty rupees, or with both;

•61

(1)(2) (3) (4) (5)

•(ba) if the regulation was made under

SECTION Section 1490

Untitled Section

11.If the Authority or

•concessionaire or person or

•body of persons fails to

•publish the port tariff in

•contravention of

•sub-section (2) of section 47

•47(2) Penalty which may

•extend to fifty thousand

•rupees and in addition,

•penalty which may extend

•to five thousand rupees for

•every day during which the

•contravention continues.

SECTION Section 1491

Untitled Section

12.If any owner, agent or

•master of a vessel fails to

•report the arrival of a vessel

•in contravention of

SECTION Section 1492

Untitled Section

•section 49

•49 Penalty which may

•extend to twenty thousand

rupees.

SECTION Section 1493

Untitled Section

13.If any master of a vessel

•fails to pay any fees or

•other charges in

•contravention of

•sub-section (1) of section 52

•52(2) Penalty which may

•extend to twice the amount

•of fees or other charges

•due, subject to a minimum

•of twenty thousand rupees.

SECTION Section 1494

Untitled Section

14.If any person fails to

•furnish or furnishes

•information in

•contravention of section 57

•57 Penalty which may

•extend to two lakh rupees

•and in addition, penalty

•which may extend to two

•thousand rupees for every

•day during which such

•default continues.

SECTION Section 1495

Untitled Section

15.If the master of any

•vessel unlawfully hoists or

•fails to hoist any flag in

•contravention of section 65

•65 Penalty which may

•extend to twenty thousand

rupees.

•* * * * *

•————

•LOK SABHA

•————

•A

•BILL

•to amend certain enactments for decriminalising and rationalising offences to

•further enhance trust -based governance for ease of living and doing

business.

•————

•(Shri Piyush Goyal, Minister of Commerce and Industry)

SECTION Section 15

Untitled Section

8.1940 23 The Drugs

•and

•Cosmetics

•Act, 1940

(A)In section 27A, in clause (ii), for the words “shall

•be punishable with imprisonment for a term which may

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

•twenty thousand rupees, or with both”, the words “shall

•be liable to penalty of one lakh rupees or three times the

•value of the cosmetics confiscated, whichever is higher”

•shall be substituted.

(B)In section 28A, for the words “punishable with

•imprisonment for a term which may extend to one year

•or with fine which shall not be less than twenty thousand

•rupees or with both”, the words “liable to penalty which

•shall not be less than three lakh rupees but which may

•extend to five lakh rupees” shall be substituted.

(C)Section 29 shall be omitted.

(D)In section 30, sub -sections (1A) and (2) shall be

omitted.

(E)After section 30, the following section shall be

•inserted, namely:––

•“30A. Adjudication of penalties. ––(1) For the

•purpose of adjudicating of penalties under this Act, the

•Central Government or the State Government, as the

•case may be, may appoint an officer not below the rank

•of Deputy Drugs Controller or Assistant Drugs

•Controller, as the case may be, or an officer equivalent

•in rank in the State Government, as an adjudicating

•officer, for holding an inquiry and imposing penalties

•in such manner as may be prescribed:

•Provided that the Central Government or the State

•Government, as the case may be, may appoint as

•many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Whoever aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the date of receipt of such order,

•prefer an appeal to such officer at least one rank

•higher than the adju dicating officer as an appellate

•authority as may be appointed by the Central

•Government, or as the case may be, the State

•Government, in such form and manner as may be

prescribed.

•14

(1)(2) (3) (4) (5)

(3)An appeal may be admitted after the expiry of

•the said period of thirty days if the appellant satisfies

•the appellate authority that he had sufficient cause for

•not preferring the appeal within that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(5)An appeal under sub -section ( 2) shall

•be disposed of within sixty days from the date of

filing.

(6)If penalty imposed by the adjud icating officer

•under sub-section (1) or by an order of the appellate

•authority under sub-section (4), as the case may be, is

•not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(F)In section 32B, in sub -section (1), for the words,

•brackets, figures and letters “clause ( ii) of section 27A,

SECTION Section 150

Untitled Section

•clause ( d), ( h), or sub -clause (i) of clause ( s) of

•sub-section ( 1) of section 28, with fine which

•may extend to two hundred and fifty rupees;”.

(M)Section 112 shall be omitted.

(N)In section 122, in clause (b), sub-clauses (iii) and

•(iv) shall be omitted.

SECTION Section 151

Untitled Section

42.1980 70 The Hind

•Cycles Limited

•and Sen-Raleigh

•Limited

•(Nationalisation)

•Act, 1980

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

•be punishable with imprisonment for a term which may

•extend to two years, or with fine which may extend to ten

•thousand rupees, or with both”, the words “shall be liable

•to penalty which may extend to one lakh and twenty-five

•thousand rupees” shall be substituted.

(B)After section 27, the following section shall be

•inserted, namely:—

•“27A. Adjudication of penalties. —(1) For the

•purpose of adjudicating penalties under section 27,

•the Central Government shall appoint an officer not

•below the rank of Deputy Secretary to the

•Government of India as an adjudicating officer for

•holding an inquiry and imposing penalties in such

•manner as may be prescribed:

•Provided that the Central Government may

•appoint as many adjudicating officers as may be

•required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub -section ( 1) may,

•within thirty days from the receipt of such order,

•prefer an appeal to such officer not below the rank of

•Joint Secretary to the Government of India, as may

•be appointed by the Central Government as an

•appellate authority, in such form and manner as may

•be prescribed.

(3)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if

•the appellant satisfies the appellate authority that he

•had sufficient cause for not preferring the appeal

•within that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

•62

(1)(2) (3) (4) (5)

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub -section (4), as the case may be,

•is not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(C)Section 28 shall be omitted.

(D)In section 31, in sub-section (2), after clause (c),

•the following clauses shall be inserted, namely:––

•“(ca) the manner of holding an inquiry and imposing

•penalties under sub-section (1) of section 27A;

•(cb) the form and manner of preferring appeal to the

•appellate authority against the order of adjudicating

•officer under sub-section (2) of section 27A;”.

SECTION Section 152

Untitled Section

43.1981 31 The Dalmia

•Dadri Cement

•Limited

•(Acquisition

•and Transfer

•of

•Undertakings)

•Act, 1981

(A)In section 28, in the long line, for the words

•“shall be punishable with imprisonment for a term

•which may extend to two years, or with fine which may

•extend to ten thousand rupees, or with both”, the words

•“shall be liable to penalty which may extend to one

•lakh and twenty -five thousand rupees” shall be

substituted.

(B)After section 28, the following section shall be

•inserted, namely:—

•“28A. Adjudication of penalties. —(1) For the

•purpose of adjudicating penalties under section 28,

•the Central Governme nt shall appoint an officer not

•below the rank of Deputy Secretary to the

•Government of India as an adjudicating officer for

•holding an inquiry and imposing penalties in such

•manner as may be prescribed:

•Provided that the Central Government may

•appoint as many adjudicating officers as may be

•required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the receipt of such order, prefer an

•appeal to such officer not below the rank of Joint

•Secretary to the Government of India, as may be

•appointed by the Central Government as an appellate

•authority, in such form and m anner as may be

prescribed.

(3)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if

•the appellant satisfies the appellate authority that he

•had sufficient cause for not preferring the appeal

•within that period.

•63

(1)(2) (3) (4) (5)

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub -section (4), as the case may be,

•is not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(C)Section 29 shall be omitted.

(D)In section 30, in sub-section (2), after clause (c),

•the following clauses shall be inserted, namely:––

•“(ca) the manner of holding an inquiry and

•imposing penalties under sub -section ( 1) of

SECTION Section 153

Untitled Section

•section 28A;

•(cb) the form and manner of preferring appeal to

•the appellate authority against the order of

•adjudicating officer under sub -section ( 2) of

SECTION Section 154

Untitled Section

•section 28A.”.

SECTION Section 155

Untitled Section

44.1981 29 The British

•India

•Corporation

•Limited

•(Acquisition of

•Shares) Act,

•1981

•Sections 17, 18 and 19 shall be omitted.

SECTION Section 156

Untitled Section

45.1981 42 The

•Maritime Zones

•of India

•(Regulation of

•Fishing by

•Foreign

•Vessels) Act,

•1981

(A)Sections 11 and 12 shall be omitted.

(B)In section 13, in sub -section (1), the words and

•figures “or section 11 or section 12” shall be omitted.

(C)In section 15, in the long line, for the words “with

•imprisonment for a term which may extend to one year or

•with fine not exceeding rupees fifty thousand or with

•both”, the words “with fine not exceeding rupees

•thirty-five lakh for vessels of less than twenty-four meters

•overall length and rupees seventy-five lakh for vessels of

•twenty-four me tres or more overall length” shall be

substituted.

SECTION Section 157

Untitled Section

46.1984 17 The Inchek

•Tyres Limited

•and the

•National

•Rubber

•Manufacturers

•Limited

•(Nationalisation)

•Act, 1984

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

•“shall be punishable with imprisonment for a term

•which may extend to two years, or with fine which may

•extend to ten thousand rupees, or with both”, the words

•“shall be liable to penalty which may extend to one

•lakh rupees” shall be substituted.

(B)After section 27, the following section shall be

•inserted, namely:—

•64

(1)(2) (3) (4) (5)

•“27A. Adjudication of penalties. —(1) For the

•purpose of adjudicating penalties under section 27,

•the Central Government shall appoint an officer not

•below the rank of Deputy Secretary to the

•Government of India , as an adjudicating officer for

•holding an inquiry and imposing penalties in such

•manner as may be prescribed:

•Provided that the Central Government may appoint as

•many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the receipt of such order, prefer an appeal

•to such officer not below the rank of Joint Secretary to the

•Government of India, as may be appointed by the Central

•Government as an appellate authority, in such form and

•manner as may be prescribed.

(3)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if

•the appellant satisfies the appellate authority that he

•had sufficient cause for not preferring the appeal

•within that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub -section (4), as the case may be,

•is not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(C)Section 28 shall be omitted.

(D)In section 31, in sub-section (2), after clause (c),

•the following clauses shall be inserted, namely:––

•“(ca) the manner of holding an inquiry and imposing

•penalties under sub-section (1) of section 27A;

•(cb) the form and manner of preferring appeal to the

•appellate authority against the order of adjudic ating

•officer under sub-section (2) of section 27A;”.

SECTION Section 158

Untitled Section

47.1985 10 The Calcutta

•Metro Railway

•(Operation and

•Maintenance)

•Temporary

•Provisions Act,

•1985

(A)For section 9, the following section shall be

•substituted, namely:—

•“9. Smoking.—(1) No person shall smoke in any

•compartment or carriage of the metro railway or in

•any underground metro railway station.

•65

(1)(2) (3) (4) (5)

(2)Any person who contravenes the provisions of

•sub-section ( 1) shall be liable to penalty of two

•thousand rupees and forfeiture of his pass or ticket,

•and may also be removed from the compartment by

•any metro railway servant.

(3)If the person refuses to pay th e penalty

•mentioned in sub -section ( 2), he shall be produced

•before the competent court wherein, he shall be

•punishable with a fine which may extend up to five

•thousand rupees:

•Provided that in the absence of special and

•adequate reasons to the contrary t o be mentioned in

•the judgment of the court, such punishment shall not

•be less than a fine of two thousand rupees.”.

(B)For section 10, the following section shall be

•substituted, namely:—

•“10. Drunkenness or nuisance upon the metro

railway.—(1) If any person is in a state of

•intoxication and there conducts himself in such a

•manner as to cause annoyance to any person, he

•shall be removed from the metro railway by any

•metro railway servant an d shall, in addition to the

•forfeiture of his pass or ticket, be punishable with

•simple imprisonment for a term which may extend

•to twenty-four hours, or with fine which may extend

•to one thousand rupees, or with both.

(2)If any person,––

(a)commits any nuisance or act of indecency

•or uses abusive or obscene language; or

(b)wilfully or without excuse interferes with

•any amenity provided by the metro railway

•administration so as to affect the comfortable

•travel of any passenger,

•he shall be punishable with fine which may extend to

•two hundred and fifty rupees and shall also be liable to

•forfeiture of the fare which he may have paid or any pass

•or ticket which he may have obtained or purchased, or

•be removed from such carriage or part by any metro

•railway o fficial authorised by the metro railway

•administration in this behalf.

(3)If any metro railway official is in a state of

•intoxication while on duty, where the improper

•performance of the duty would be likely to endanger

•the safety of any passenger travel ling or being upon

•the metro railway, he shall be punishable with

•imprisonment for a term which may extend to one

•year, or with fine, or with both.”.

(C)In section 13,––

•66

(1)(2) (3) (4) (5)

(i)for sub-section (1), the following sub -sections

•shall be substituted, namely:—

•“(1) If any person enters upon or into any part

•of a metro railway without lawful authority, he

•shall be liable to a penalty of five hundred rupees.

•(1A) If the person refuses to pay the penalty

•mentioned in sub-section (1), the violator shall be

•produced before the competent court, wherein he

•shall be punishable with imprisonment for a term

•which may extend up to three months, or with

•fine which may extend up to five 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 imprisonment for one month or a fine of

•two thousand rupees.

•(1B) If any person having lawful ly or

•unlawfully entered upon or into any part of metro

•railway misuses such property and refuses to

•leave, he shall be punishable with imprisonment

•for a term which may extend to three months, or

•with fine which may extend to five 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 five hundred rupees.

•(1C) Any person referred to in sub -sections

•(1A) and ( 1B) may be removed from the metro

•railway by any metro railway servant or by any

•other person whom such metro railway servant

•may call to his aid.”.

(D)After section 17, the following section shall be

•inserted, namely:—

•“17A. Adjudication of penalties.—(1) For the

•purpose of adjudicating penalties under sub-section (3)

•of section 9 and sub -section (1) of section 13 of this

•Act, the metro railway administration shall appoint

•an officer of or above the rank of Assistant

•Sub-Inspector in Railway Protection Force or

•officers not below the rank of Group ‘C’ in

•commercial, operating or vigilance Department of

•metro railway as an adjudicating officer for holding

•an inquiry and imposing penalties in such manner as

•may be specified:

•Provided that the metro railway administration may

•appoint as many adjudicating officers as may be

•required:

•67

(1)(2) (3) (4) (5)

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Any person aggrieved by an order of the

•adjudicating officer under sub -section ( 1) may,

•within thirty days from the date of receipt of such

•order, prefer an appeal to an officer at least one rank

•higher than the adjudicating officer, as may be

•appointed by the metro railway administration as an

•appellate authority, in such form and manner as may

•be specified.

(3)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.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such order as he may think fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub -section (4), as the case may be,

•is not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(E)After section 22, the following section shall be

•inserted, namely:—

•“22A. Power of metro railway administration to

•make regulations.––(1) The metro railway

•administration may, with the previous approval of

•the Central Government, make regulations not

•inconsistent with this Act and the rules made

•thereunder, to provide for all matters for which

•provisions are necessary or expedient for the

•purpose of giving effect to the provisions of this Act.

(2)Every regulation made by a metro railway

•administration under this Act shall be laid, as soon as

•may be after it is made, before each House of

•Parliament, while it is in session, for a total period of

•thirty days which may be comprised in one session or

•in two or more successive sessions, and if, before the

•expiry of the session immediately following the session

•or the successive sessions aforesaid, both Houses agree

•in making any modification in the regulation or both

•Houses agree that the regulation should not be made,

•the regulation shall thereafter have effect only in such

•modified form or be of no effect, as the case may be;

•so, however, that any such modification or annulment

•shall be without prejudice to the validity of anything

•previously done under that regulation.”.

•68

(1)(2) (3) (4) (5)

SECTION Section 159

Untitled Section

48.1985 22 The

•Handlooms

•(Reservation

•of Articles for

•Production)

•Act, 1985

(A)In section 10, for clause (a), the following clause

•shall be substituted, namely:––

•“(a) shall be punishable with imprisonment for a

•term which may extend to three months or with a fine

•of not less than ten thousand rupees but may extend up

•to twenty-five thousand rupees per loom by which the

•said article or class of articles is produced, or with both

•and in the case of a continuing or repeated

•contravention, with an additional fine of one thousand

•rupees per loom per day which may extend up to five

•thousand rupees per loom per day during which period

•such contravention continues or repeated after

•conviction for the first such contravention;”.

(B)In section 11, for the words “punishable with

•imprisonment for a term which may extend to three

•months, or with fine which may extend to five thousand

•rupees, or with both”, the words “punishable with fine

•of not less than ten thousand rupees but may extend to

•twenty-five thousand rupees” shall be substituted.

SECTION Section 16

Untitled Section

•section 28 and section 28A”, the word and figures

•“section 28” shall be substituted.

(G)In section 33, in sub-section (2), after clause (o),

•the following clauses shall be inserted, namely:—

•“(oa) the manner of holding an inquiry and

•imposing penalties under sub -section ( 1) of

SECTION Section 160

Untitled Section

49.1985 82 The Inland

•Waterways

•Authority of

•India Act,

•1985

(A)In section 34, in sub-section (2), after clause (h),

•the following clauses shall be inserted, namely:––

•“(ha) the manner of holding an inquiry and

•imposing penalties under sub -section ( 1) of

SECTION Section 161

Untitled Section

•section 35A;

•(hb) the form and manner of preferring a ppeal to

•the appellate authority against the order of

•adjudicating officer under sub -section (2) of section

•35A; and”.

(B)In section 35, in sub -section (3), for the words

•“punishable with fine which may extend to five

•hundred rupees and in the case of con tinuing

•contravention with an additional fine which may extend

•to twenty rupees during which such contravention

•continues after conviction for the first such

•contravention”, the words “liable to penalty which may

•extend to five hundred rupees and in case of continuing

•contravention with an additional penalty which may

•extend to five hundred rupees during which such

•contravention continues after imposition of penalty for

•the first such contravention” shall be substituted.

(C)After section 35, the following section shall be

•inserted, namely:—

•“35A. Adjudication of penalties. ––(1) For the

•purpose of adjudicating penalties under sub-section (3)

•of section 35, the Authority shall appoint an officer

•not below the rank of Deputy Director or an officer

•equivalent in rank to the Under Secretary to the

•Government of India as an adjudicating officer for

•holding an inquiry and imposing penalties in suc h

•manner as may be prescribed:

•69

(1)(2) (3) (4) (5)

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasonable

•opportunity of being heard.

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub -section ( 1) may,

•within thirty days from the receipt of such order,

•prefer an appeal to such officer not below the rank of

•Director or an officer equivalent in rank to the

•Deputy Secretary to the Government of India, as

•may be appointed b y the Central Government as an

•appellate authority, in such form and manner as may

•be prescribed.

(3)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 f or

•not preferring the appeal within that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may think fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub -section (4), as the case may be,

•is not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

SECTION Section 162

Untitled Section

50.1986 2 The

•Agricultural

•and Processed

•Food Products

•Export

•Development

•Authority Act,

•1985

(A)In section 19, in sub -section (3), for the words

•“punishable with imprisonment for a term which may

•extend to one year, or with fine, or with both”, the words

•“liable to penalty of not less than ten thousand rupees and

•not exceeding twice the value of goods, in respect of

•which such order has been made” shall be substituted.

(B)For section 22, the following section shall be

•substituted, namely:––

•“22. Penalty for making false reports. —Any

•person who, being required by or under this Act,––

(i)fails to furnish any return shall be liable––

(a)for the first contravention with a

•warning;

(b)for any subsequent contravention, to

•penalty of not less than ten thousand rupees

•but which may extend to fifty thousand rupees;

•(ii) furnishes a return containing any particular

•which is false and which he knows to be false or

•does not believe to be true, shall be liable to

•penalty of not less than ten thousand rupees but

•which may extend to one lakh rupees.”.

•70

(1)(2) (3) (4) (5)

(C)Section 23 shall be omitted.

(D)For section 24, the following section shall be

•substituted, namely:––

•“24. Other penalties. —Whoever contravenes or

•attempts to contravene or abets the contravention of

•the provisions of this Act or of any rules made

•hereunder other than the provisions, t he punishment

•for the contravention whereof has been provided for

•in sections 19 and 22 shall be liable,—

(a)for the first contravention with a warning;

(b)for any subsequent contravention to penalty

•of not less than ten thousand rupees, and not

•exceeding an amount equivalent to the value of

•goods, in respect of which such contravention has

•been made; and

(c)in case of a continuing contravention, a

•penalty of one thousand rupees for every day

•during which such contravention continues,

•provided that the total quantum of penalty for a

•continuing contravention shall not exceed twice

•the value of goods, in respect of which such order

•has been made.” .

(E)After section 25, the following section shall be

•inserted, namely:––

•“25A. Adjudication of penalties. —(1) For the

•purpose of adjudging penalties under this Act, the

•Chairman shall appoint the Secretary to the

•Authority or any other officer equivalent to the rank

•of Secretary authorised by the Central Government,

•as the case may be, as an adjudicating officer for

•holding an inquiry and imposing penalty in such

•manner as may be prescribed:

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasonable

•opportunity of being heard.

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub -section ( 1) may,

•within thirty days from the date of receipt of such

•order, prefer an appeal to the Chairman who shall be

•an appellate authority, in such form and manner as

•may be prescribed.

(3)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.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such order as he may think fit.

•71

(1)(2) (3) (4) (5)

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub -section (4), as the case may be,

•is not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(F)Section 26 shall be omitted.

(G)After section 26 as so omitted, the following

•section shall be inserted, namely:––

•“26A. Officers and employees of Authority to be

•public servants. —All officers and other employees

•of the Authority, when acting or purporting to act in

•pursuance of any of the provisions of this Act, shall

•be deemed to be public servants within the meaning

•of clause ( 28) of section 2 of the Bharatiya Nyaya

•Sanhita, 2023 (45 of 2023).”.

(H)In section 32, in sub -section ( 2), after

SECTION Section 163

Untitled Section

•clause ( m), the following clauses shall be inserted,

•namely:—

•“(ma) the manner of holding inquiry and imposing

•penalties under sub-section (1) of section 25A;

•(mb) the form and manner of preferring appeal to

•the Chairman against the order of adjudicating

•officer under sub-section (2) of section 25A;”.

SECTION Section 164

Untitled Section

51.1988 59 The Motor

•Vehicles Act,

•1988

(A)In section 8, sub-section (8) shall be omitted.

(B)In section 9, sub-section (9) shall be omitted.

(C)In section 12, sub-section (4) shall be omitted.

(D)In section 14, in sub-section ( 2), after

SECTION Section 165

Untitled Section

•clause ( iv), the following proviso shall be inserted,

•namely:––

•“Provided that every driving licence shall,

•notwithstanding its expiry under this sub -section,

•continue to be effective for a period of thirty days f rom

•the date of such expiry.”.

(E)In section 15,––

(i)in sub -section (1), for the word “expiry”, the

•word “renewal” shall be substituted;

•(ii) for the first proviso , the following proviso

•shall be substituted, namely:––

•“Provided that in any case where the application

•for the renewal of a licence is made within a period

•of one year prior to date of its expiry, the driving

•licence shall be renewed with effect from the date of

•its expiry:”.

•72

(1)(2) (3) (4) (5)

(F)In section 20, in sub-section (2),––

(i)the words, brackets, letter and figures “clause (c)

•of sub-section (1) of section 132,” shall be omitted;

•(ii) the words, brackets, letter and figures “

SECTION Section 166

Untitled Section

•clause (c) of sub-section (1) of section 132 or” shall

•be omitted.

(G)In section 40, for the words “whose

•jurisdiction”, the word “which” shall be substituted.

(H)In section 55, in sub -section (1), for the words

•“fourteen days”, the words “thirty days” shall be

substituted.

(I)In section 65, in sub-section (2), in clause (k), the

•words, brackets and figures “sub -section ( 13) of

SECTION Section 167

Untitled Section

•section 41 or” shall be omitted.

(J)In section 75,––

(i)in the marginal heading, after the words

•“motor cabs”, the words “and motor cycles” shall be

•inserted;

•(ii) in sub -section ( 2), in clause ( g), after the

•words “motor cabs”, the words “and motor cycles”

•shall be inserted.

(K)In section 84, in clause ( f), for the words and

•figures “Chapters X, XI and XII”, the words and

•figures “Chapters XI and XII” shall be substituted.

(L)In section 96, in sub-section (2), clause (xii) shall

•be omitted.

(M)In section 157, in sub -section (2), for the words

•“fourteen days”, the words “thirty days” shall be

substituted.

(N)In section 161, in sub -section (4), in clause ( b),

•for the words “punishab le with imprisonment which

•may extend to two years, or with fine which shall not

•be less than twenty -five thousand rupees but may

•extend to five lakh rupees or with both”, the words

•“liable to penalty which shall not be less than one lakh

•rupees but which may extend to five lakh rupees” shall

•be substituted.

(O)In section 163, after sub -section ( 2), the

•following sub-section shall be inserted, namely:––

•“(3) Notwithstanding anything contained in

•sub-section ( 1), ex gratia payments awarded or

•received in respect of the death of, or grievous hurt,

•to any person, shall not be liable to be refunded to

•the Motor Vehicle Accident Fund constituted under

SECTION Section 168

Untitled Section

•section 164B.”.

•73

(1)(2) (3) (4) (5)

(P)In section 164, after sub-section ( 3), the

•following sub -section and Explanation shall be

•inserted, namely:—

•‘(4) Notwithstanding anything contained in

•sub-section ( 3), ex gratia payments received in

•respect of death or grievous hurt due to an accident

•arising out of the use of motor vehicle, shall not be

•liable to be reduced from the amount of

•compensation payable under this section.

Explanation.––For the purposes of section 163

•and this section, the expression “grievous hurt” shall

•be as referred to in section 11 6 of the Bharatiya

•Nyaya Sanhita, 2023 (45 of 2023).’.

(Q)In section 166, after sub -section ( 3), the

•following proviso shall be inserted, namely:—

•“Provided that the Claims Tribunal may entertain

•an application for compensation after the expiry of

•the said period of six months from the date of

•occurrence of the accident, but within a further

•period not exceeding twelve months, if it is satisfied

•that the applicant was prevented by sufficient cause

•from making an application within such period.”.

(R)In section 167, the words and figure “without

•prejudice to the provisions of Chapter X” shall be omitted.

(S)In section 168, after sub-section (3), the following

•sub-section and proviso shall be inserted, namely:––

•“(4) The application for compensation made

•under section 166 shall be dealt with by the Claims

•Tribunal as expeditiously as possible and endeavour

•shall be made by it to dispose of the a pplication

•within a period of twelve months from the date of

•receipt of the application:

•Provided that where any such application could not

•be disposed of within the said period of twelve months,

•the Claims Tribunal shall record its reasons in writing

•for not disposing of the application within that period.”.

(T)For sections 177 and 177A, the following

•sections shall be substituted, namely:––

•“177. General provision for punishment of

offences.—Whoever contravenes any provision of

•this Act or of any rule, r egulation or notification

•made thereunder shall, if no fine or penalty is

•provided for the offence, for the first contravention

•be issued a warning recorded in such manner as may

•be prescribed by the Central Government, and for

•any second or subsequent contravention with penalty

•which shall not be less than five hundred rupees, but

•may extend to one thousand and five hundred

rupees.

•74

(1)(2) (3) (4) (5)

177A.Penalty for contravention of regulations

•under section 118. —(1) Whoever contravenes the

•regulations made under section 118 shall, for the

•first contravention be issued a warning recorded in

•such manner as may be prescribed by the Central

•Government, and for any second or subsequent

•contravention with penalty which shall not be less

•than five hundred rupees, but may extend to one

•thousand rupees.

(2)Notwithstanding anything contained in

•sub-section ( 1), if any contravention of regulations

•made under section 118 is also an offence punishable

•with penalty or fine under any other provision of this

•Act, the penalty or fine imposed only under such other

•provision shall be applicable.”.

(U)In section 178,––

(i)for the words “punishable with fine” wherever

•they occur, the words “liable for a penalty” shall be

•substituted;

•(ii) in sub-section (3), after the words “driver of a

•contract carriage”, the words “while being on duty”

•shall be inserted.

(V)In section 179,––

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

•fine”, the words “liable to penalty” shall be substituted;

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

•the offence, be punishable with imprisonment for a

•term which may extend to one month, or with fine

•which may extend to two thousand rupees, or with

•both”, the words “provided for the contravention, be

•liable to penalty which shall not be less than five

•hundred rupees but which may extend to two

•thousand rupees” shall be substituted.

(W)In section 182, in sub -section (2), for the words

•“punishable with imprisonment for term which may

•extend to one month, or with fine which may extend to

•ten thousand rupees or with both”, the words “liable to

•penalty of ten thousand rupees” shall be substituted.

(X)In section 182B,––

(i)in the marginal heading, for the word

•“Punishment”, the word “Penalty” shall be

•substituted;

•(ii) for the words “punishable with fine”, the

•words “liable for a penalty” shall be substituted.

(Y)In section 186,––

(i)for the words “punishable for the first offence

•with fine”, the words “liable for the first

•contravention with penalty” shall be substituted;

•75

(1)(2) (3) (4) (5)

•(ii) for the words “subsequent offence with fine”,

•the words “subsequent contravention with penalty”

•shall be substituted.

(Z)In section 190, for sub-sections (1) and ( 2), the

•following sub-sections shall be substituted, namely:—

•“(1) Any person who drives or causes or allows to be

•driven in any public place a motor vehicle or trailer

•while the vehicle or trailer has any defect, which such

•person knows of or could have discovered by the

•exercise of ordinary care and which is calculated to

•render the driving of the vehicle a source of danger to

•persons and vehicles using such place, shall be liable for

•penalty of five thousand rupees or, if as a result of such

•defect an accident is caused causing bodily injury or

•damage to property, with imprisonment for a term which

•may extend to six months, or with fine of five thousand

•rupees, or with both; and for a subsequent offence shall

•be punishable with imprisonment for a term which may

•extend to one year, or with a fine of ten thousand rupees,

•for bodily injury or damage to property.

(2)Any person who drives or causes or allows to

•be driven, in any public place a motor vehicle, which

•violates the standards prescribed,––

(i)in relation to road safety or control of

•air-pollution, shall be liable for the first

•contravention with penalty which may extend to

•ten thousand rupees and he shall be disqualified for

•holding licence for a period of three months and

•for any second or subsequent offence with

•imprisonment for a term which may extend to six

•months or with fi ne which may extend to ten

•thousand rupees, or with both; or

•(ii) in relation to noise pollution, shall for the

•first contravention be issued a warning recorded

•in such manner as may be prescribed by the

•Central Government, and for any second or

•subsequent contravention with penalty which may

•extend to ten thousand rupees.”.

•(ZA) In section 192, in sub-section (1), for the words

•“punishable for the first offence with a fine which may

•extend”, the words “liable for the first offence with a

•penalty which may extend” shall be substituted.

•(ZB) In section 192A, in sub -section ( 1), for the

•words “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 offenc e 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”, the words “liable to penalty of ten thousand

•rupees and for any subsequent contravention with

•penalty of twenty thousand rupees” shall be substituted.

•76

(1)(2) (3) (4) (5)

•(ZC) In section 192B,––

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

•with fine”, the words “liable for a penalty” shall be

•substituted;

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

•with fine”, the words “liable for a penalty” shall be

substituted.

•(ZD) In section 193,––

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

•offence with fine”, the words “for the first offence

•with penalty” shall be substituted;

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

•with fine”, the words “liable for a penalty” shall be

•substituted;

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

•with fine of five thousand rupees” , the words “liable

•for penalty which shall not be less tha n fifty

•thousand rupees but may extend to one lakh rupees”

•shall be substituted.

•(ZE) In section 194,––

(i)in sub-section (1),––

(a)for the words “punishable with fine”, the

•words “liable to penalty” shall be substituted;

(b)for the words “additional amount”, the

•words “additional penalty” shall be substituted;

•(ii) in sub-section (1A), for the words “punishable

•with a fine”, the words “liable to penalty” shall be

•substituted;

•(iii) in sub -section (2), for the words “punish able

•with fine”, the words “liable to penalty” shall be

substituted.

•(ZF) In section 194A, for the words “punishable

•with a fine”, the words “liable for a penalty” shall be

substituted.

•(ZG) In section 194B, for the words “punishable

•with a fine” at both t he places where they occur, the

•words “liable for a penalty” shall be substituted.

•(ZH) In section 194C, for the words “punishable

•with a fine”, the words “liable for a penalty” shall be

substituted.

•(Z-I) In section 194D, for the words “punishable

•with a fine”, the words “liable for a penalty” shall be

substituted.

•77

(1)(2) (3) (4) (5)

•(ZJ) In section 194E, for the words “shall be

•punishable with imprisonment for a term which may

•extend to six months, or with a fine of ten thousand

•rupees or with both”, the words “shall be liable for

•penalty of ten thousand rupees for first offence and

•shall be punishable for any second or subsequent

•offence with imprisonment for a term which may

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

•ten thousand rupees or with both” shall be substituted.

•(ZK) For section 194F, the following section shall be

•substituted, namely:—

•“194F. Use of horns and silence zones. —

•Whoever—

(a)while driving a motor vehicle—

(i)sounds the horn needlessly or

•continuously or more than necessary to ensure

•safety; or

•(ii) sounds the horn in an area with a traffic

•sign prohibiting the use of a horn; or

(b)drives a motor vehicle which makes use of

•a cut -out by which exhaust gases are released

•other than through the silencer,

•shall for the first contravention be issued a warning

•recorded in such manner as may be prescribed by the

•Central Government, and for any second or

•subsequent contravention shall be liable to penalty

•which shall not be less than one thousand rupees, but

•may extend to two thousand rupees.”.

•(ZL) In section 196, for the words “punishable for

•the first offence with imprisonment which may

•extend to three months, or with fine of two thousand

•rupees, or with both, and for a subsequent offence

•shall be punishable with imprisonment for a term

•which may extend to three months, or with fine of

•four thousand rupees, or with both”, the words,

•brackets and figures “liable for the first

•contravention with penalty of three times the base

•premium for such vehi cle specified under

•sub-section ( 2) of section 147 or five thousand

•rupees, whichever is higher, and for a subsequent

•contravention shall be liable to penalty of five times

•the base premium for such vehicle as specified under

•sub-section ( 2) of section 147 or ten

•thousand rupees, whichever is higher” shall be

substituted.

•78

(1)(2) (3) (4) (5)

•(ZM) For section 198, the following section shall be

•substituted, namely:—

•“198. Unauthorised interference with vehicle.—

•Whoever otherwise than with lawful authority or

•reasonable excuse, without prejudice to any liability

•under the provisions of the Bharatiya Nyaya Sanhita,

•2023 (45 of 2023),—

(a)enters or mounts any stationary motor

•vehicle shall be liable to penalty of one thousand

•rupees;

(b)tampers with the brake or any part of the

•mechanism of a motor vehicle shall be punishable

•with a fine of ten thousand rupees.”.

•(ZN) In section 198A:—

(a)in sub-section (1), after the words “the Central

•Government”, the words, figures and letters “under

SECTION Section 169

Untitled Section

•section 210C for National Highways or by the State

•Government under section 210D for roads other than

•National Highways, as the case may be” shall be

•inserted;

(b)for sub -section (2), the following sub -section

•shall be substituted, namely:—

•“(2) Where the failure on the part of the

•designated authority, contractor, consultant or

•concessionaire responsible under sub -section ( 1)

•to comply with standards for road design,

•construction and maintenance, results in death or

•disability, such authority or contractor or

•concessionaire shall be liable to penalty which

•may extend to fifty lakh rupees and the same,—

(i)for national highways, shall be paid to

•the Fund constituted under section 164B; and

•(ii) for roads other than national highways,

•shall be paid to the State Government in such

•manner as may be prescribed by such

Government.”;

(c)In sub -section ( 3), in c lause ( g), after the

•words “the Central Government”, the words “or the

•State Government, as the case may be” shall be

inserted.

•(ZO) In section 199B,––

(i)in the marginal heading, after the words

•“Revision of fines”, the words “and penalties” shall

•be inserted;

•(ii) for the words “The fines”, the words “The

•fines and penalties” shall be substituted.

•79

(1)(2) (3) (4) (5)

•(ZP) In section 200, in sub-section (1), for the portion

•beginning with the words and figures “punishable under

SECTION Section 17

Untitled Section

•section 30A;

•(ob) the form and manner of preferring appeal to

•the appellate authority against the order of

•adjudicating officer under sub -section ( 2) of

SECTION Section 170

Untitled Section

•section 177” and ending with the word and figures

•“section 201”, the following shall be substituted,

•namely:—

•“punishable under section 180, section 181,

•sub-section ( 1) of section 182, sub -section ( 1) or

•sub-section (3) or sub -section ( 4) of section 182A,

•sub-section ( 1) of section 183, clause ( c) of the

•Explanation to section 184, section 189, second or

•subsequent offence under clause (i) of sub-section (2)

•of section 190, second or subsequent offence under

SECTION Section 171

Untitled Section

•section 192, sub-section (3) of section 192B, second

•or subsequent offence under section 194E, and

SECTION Section 172

Untitled Section

•clause (b) of section 198.”.

•(ZQ) In section 210A,—

(i)in the marginal heading, after the words “to

•increase”, the words “fines or” shall be inserted;

•(ii) for the words “to be applied to each fine under

•this Act and such modified fine”, the words “to be

•applied to each fine or penalty under this Act and

•such modified fine or penalty” shall be substituted.

•(ZR) In section 210C, after clause ( b), the following

SECTION Section 173

Untitled Section

•clause shall be inserted, namely:––

•“(ba) the manner in which warning for

•contraventions shall be recorded under this Chapter;”.

•(ZS) In section 212, in sub -section ( 4), for the

•words, brackets and figures “sub -section ( 1) of

SECTION Section 174

Untitled Section

•section 163”, the words, brackets and figures

•“sub-section (3) of section 161” shall be substituted.

SECTION Section 175

Untitled Section

52.1989 24 The

•Railways Act,

•1989

(A)In section 60, in sub -section (3), for the words

•“shall be punishable with fine which shall not exceed five

•hundred rupees”, the words “shall be liable to penalty

•which shall not exceed two thousand rupees, and in the

•event of non-payment of the penalty, the person so failing

•shall be produced before a competent court having

•jurisdiction which may impose a fine which may extend to

•two thousand rupees” shall be substituted.

(B)In section 87, in sub-section (3), for the words “shall

•be punishable with fine which may extend to one

•hundred and fifty rupees”, the words “shall be liable to

•penalty which shall not exceed two thousand rupees, and

•in the event of non-payment of the penalty, the person so

•failing shall be produced before a competent court having

•jurisdiction which may impose a fine which may extend to

•two thousand rupees” shall be substituted.

•80

(1)(2) (3) (4) (5)

(C)For section 137, the following section shall be

•substituted, namely:—

•“137. Fraudulently travelling or attempting to

•travel without proper pass or ticket. — (1) If any

•person, with intent to defraud a railway

•administration,—

(a)enters or remains in any carriage on a

•railway or travels in a train in contravention of

SECTION Section 176

Untitled Section

•section 55; or

(b)uses or attempts to use a single pass or a

•single ticket which has already been used on a

•previous journey, or in the case of a return ticket,

•a half thereof which has already been so used,

•he shall be liable to pay the fare for the distance

•which he has travelled, or where there is any doubt

•as to the station from which he started, the fare from

•the station from which the train originally started, or

•if the tickets of p assengers travelling in the train

•have been examined since the original starting of the

•train, the fare from the place where the tickets were

•so examined or, in case of their having

•been examined more than once, were last

•examined:

•Provided that he shall also pay the excess charges

•equal to the due charges mentioned herein, subject to

•a minimum of five hundred rupees or the charges

•notified by the Central Government.

(2)If any passenger liable to pay the excess

•charge and the fare mentioned in sub -section ( 1),

•fails or refuses to pay the same on a demand being

•made under this section, the authori sed railway

•servant may apply to the competent court, for the

•recovery of the sum payable, and the court if

•satisfied that the sum is payable shall order it to be

•so recovered, and may order that the person liable

•for the payment shall in default of payment 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.”.

(D)In section 138,—

(i)in sub -section ( 3), for the words “or two

•hundred and fifty rupees”, the words “or five

•hundred rupees or the charges notified by the Central

•Government” shall be substituted;

•81

(1)(2) (3) (4) (5)

•(ii) in sub-section (4),––

(a)for the words “any Metropolitan Magistrate

•or a Judicial Magistrate of the first or second

•class,” the words “the competent court having

•jurisdiction” shall be substituted;

(b)for the words “and the Magistrate if

•satisfied”, the words “and the court if s atisfied”

•shall be substituted.

(E)For section 142, the following section shall be

•substituted, namely:—

•“142. Penalty for travelling on transferred

tickets.— (1) If any person is found travelling in a

•train on the authority of a ticket booked for travel of

•some other person and on which he is not authorised

•to undertake journey in the train, the ticket shall be

•forfeited and he shall also be liable to pay the fare

•mentioned on the ticket:

•Provided that he shall pay the excess charges

•equal to the fare mentioned on the ticket subject to a

•minimum of five hundred rupees or the charges

•notified by the Central Government.

(2)If any passenger liable to pay the excess

•charge and the fare mentioned in sub -section ( 1),

•fails or refuses to pay the same on a demand being

•made therefor under this section, the authorised

•railway servant may apply to the competent court for

•the recovery of the sum payable, and the court if

•satisfied that the sum is payable shall order it to be

•so recovered, and may order that t he person liable

•for the payment shall, in default of payment, suffer

•imprisonment for a term which may extend to six

•months, or with fine which may extend to two

•thousand rupees, or with both.”.

(F)For section 144, the following section shall be

•substituted, namely:—

•“144. Prohibition on hawking, etc., and

begging.— (1) If any person canvasses for any

•custom or hawks or exposes for sale any 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 license granted by the

•railway administration in this behalf, he shall be

•liable to penalty of two thousand rupees.

(2)If he fails or refuses to pay the penalty, he

•shall be produced before the competent court having

•jurisdiction and shall, on conviction, be punishable

•with imprisonment for a term which may extend to

•three months, or with fine which may extend to five

•thousand rupees, or with both:

•82

(1)(2) (3) (4) (5)

•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 imprisonment for one month or a fine of

•two thousand rupees.

(3)If any person who has been ordered to pay a

•penalty under sub -section (1) is subsequently found

•to have contravened the same provision for the

•fourth or any subsequent time, he shall be

•punishable with imprisonment for a term which may

•extend to one year and with fine which may extend

•to five thousand rupees:

•Provided that in t he 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 imprisonment for three months and a

•fine of two thousand rupees.

(4)No person shall be permitted to beg in any

•railway carriage or upon any part of the railway.

(5)Any person referred to in sub -section ( 1),

•sub-section ( 2), sub -section ( 3) or sub -section ( 4)

•may be removed from the railway carriage or any

•part of the railway or railway station, as the cas e

•may be, by any railway servant authori sed in this

•behalf or by any other person whom such railway

•servant may call to his aid.

Explanation.––For reckoning of the count of

•offence, if the person commits this act in any part of

•the Indian Railways it will be reckoned for the count

•of this offence.”.

(G)For section 145, the following section shall be

•substituted, namely:—

•‘145. Drunkenness or nuisance. — (1) If any

•person in any railway carriage or upon any part of a

•railway is in a state of intoxication and conducts

•himself in such a manner as to cause annoyance to

•any person, he shall be removed from the railway by

•any railway servant and shall, in addition to the

•forfeiture of his pass or ticket, be punishable with

•simple imprisonment for a term which may extend

•to twenty-four hours, or with fine which may extend

•to one thousand rupees, or with both or with

•community service.

(2)If any person in any railway carriage or upon

•any part of a railway,––

(a)commits any nuisance or act of indecen cy

•or uses abusive or obscene language; or

•83

(1)(2) (3) (4) (5)

(b)wilfully or without excuse interferes with

•any amenity provided by the railway

•administration so as to affect the comfortable

•travel of any passenger,

•he shall be removed from the railway by any railway

•servant and shall, in addition to the forfeiture of his

•pass or ticket, be punishable with fine of one

•thousand rupees and if he continues the nuisance,

•having been enjoined by a railway servant who has

•lawful authority to issue such injunction not to

•repeat or continue such nuisance, shall be punished

•with simple imprisonment for a term which may

•extend to six months or with fine which may extend

•to five thousand rupees or with both.

Explanation.—For the purposes of this section,

•“nuisance” shall have the same meaning as defined

•in section 270 of the Bharatiya Nyaya Sanhita, 2023

•(45 of 2023).’.

(H)In section 146, for the words “term which may

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

•one thousand rupees”, the words “term which may

•extend to three months, or with fine which may extend

•to two thousand and five hundred rupees” shall be

substituted.

(I)For section 147, the following section shall be

•substituted, namely:—

•‘147. Trespass and refusal to desist from

trespass.— (1) If any person enters upon or into any

•part of a passenger area, without lawful authority

•and refuses to leave he shall be liable to a penalty of

•five hundred rupees:

•Provided if the person lawfully en tered upon the

•passenger area, misuses the passenger area and

•refuses to leave he shall be punishable as per

•sub-section (3).

(2)If such person refuses to pay the penalty, he

•shall be produced before the competent court having

•jurisdiction, and sh all on conviction be punishable

•with imprisonment for a term which may extend up

•to three months or with fine which may extend up to

•five thousand rupees or with both:

•Provided that in the absence of special and

•adequate reasons to the contrary to be menti oned in

•the judgment of the court, such punishment shall not

•be less than imprisonment for one month or a fine of

•two thousand rupees.

•84

(1)(2) (3) (4) (5)

(3)If any person enters upon or into any part of a

•railway, other than passenger area, without lawful

•authority or having lawfully entered upon or into

•such part misuses such property and refuses to leave,

•he shall be punishable with imprisonment for a term

•which may extend to three months, or with fine

•which may extend to five 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 two thousand rupees.

(4)Any person referred to in sub -section ( 1),

•sub-section (2) and sub section ( 3) may be removed

•from the railway by any railway servant or by any

•other person whom such railway servant may call to

•his aid.

Explanation.—For the purposes of this

•section,—

(a)“passenger area ” shall have the same

•meaning as defined in clause ( cb) of

•sub-section ( 1) of section 2 of the Railway

•Protection Force Act, 1957 (23 of 1957);

(b)“railway” shall have the same meaning as

•defined in clause (31) of section 2 of this Act.’.

(J)In section 155,—

(i)in sub-section (1), for the words “he shall also

•be punishable with fine which may extend to five

•hundred rupees”, the words “he shall be liable to

•penalty of two thousand rupees” shall be substituted;

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

•with fine which may extend to two hundred rupees”,

•the words “liable to penalty of one thousand rupees”

•shall be substituted;

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

•sub-section shall be inserted, namely:—

•“(3) If any passenger who is found liable for a

•contravention of sub-section (1) or sub-section (2)

•refuses to pay the penalty, the v iolator shall be

•produced before the competent court wherein, he

•shall be punishable with fine which may extend to

•three thousand rupees:

•Provided that in the absence of special and

•adequate reasons to the contrary to be mentioned

•in the judgment of the c ourt, such punishment

•shall not be less than a fine of two thousand

rupees.”.

•85

(1)(2) (3) (4) (5)

(K)Section 158 shall be omitted.

(L)For section 159, the following section shall be

•substituted, namely:—

•“159. Disobedience of drivers or conductors of

•vehicles to directions of railway servant, etc.— (1) If

•any driver or conductor of any vehicle, while on the

•premises of a railway, halts or parks such vehicle

•other than at a designated place or drives against one

•way traffic or dangerously or in a manner which

•may obstruct free flow of traffic or disobeys the

•reasonable directions of any railway servant or

•police officer, he shall be liab le to penalty of five

•hundred rupees.

(2)If any driver or conductor found to be liable to

•penalty under sub-section (1) and refuses to pay the

•penalty, shall be produced before the competent

•court having jurisdiction, shall be punishable with

•imprisonment for a term which may extend to one

•month, or with fine which may extend to one

•thousand rupees, or with both:

•Provided that in the absence of special and

•adequate reasons to the contrary to be mentioned in

•the judgment of the court, such punishment shall not

•be less than imprisonment for fifteen days or a fine

•of five hundred rupees.”.

(M)For section 162, the following section shall be

•substituted, namely:—

•“162. Entering carriage or other place reserved for

females.—(1) If a male person knowi ng or having

•reason to believe that a carriage, compartment, berth or

•seat in a train or room or other place is reserved by a

•railway administration for the exclusive use of females,

•without lawful excuse,—

(a)enters such carriage, compartment, room or

•other place, or having entered such carriage,

•compartment, room or place, remains therein; or

(b)occupies any such berth or seat having

•been required by any railway servant to vacate it,

•he shall, in addition to being liable to forfeiture of

•his pass or ti cket, liable to pay penalty of two

•thousand and five hundred rupees and may also be

•removed by any railway servant.

(2)If a person found to be liable to penalty under

•sub-section (1) and refuses to pay the penalty, shall be

•produced before the competent c ourt having

•jurisdiction, and shall on conviction be punishable with

•a fine which may extend up to five thousand rupees:

•86

(1)(2) (3) (4) (5)

•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 two thousand and five hundred rupees:

•Provided further that notwithstanding anything

•contained in this Act, no proceeding under this

•section shall be initiated against any transgender

•person, as defined in clause ( k) of section 2 of the

•Transgender Persons (Protection of Rights) Act,

•2019 (40 of 2019).”.

(N)In section 163, for the words “be punishable with

•fine which may extend to five hundred rupees for every

•quintal or part thereof of such goods”, the words “be liable

•to penalty which shall be equal to the amount as notified

•by the Central Government” shall be substituted.

(O)For section 165, the following section shall be

•substituted, namely:—

•“165. Unlawfully bringing offensive goods on a

railway.— (1) If any person, in contravention of

SECTION Section 177

Untitled Section

•section 67, takes with him any offensive goods or

•entrusts such goods for carriage to th e Railway

•administration, he shall be liable for removal of such

•goods from Railways and also to penalty amounting

•to any loss, injury or damage which may be caused

•by reason of bringing such goods on the Railway,

•but shall not be less than ten thousand rupees.

(2)If any person liable to remove such goods

•from Railways and pay a penalty under

•sub-section (1), fails or refuses to do so on a demand

•being made therefor under this section, the

•authorised railway servant may apply to the

•competent court having jurisdiction, for the recovery

•of the sum payable, and the court if satisfied that the

•sum is payable shall order it to be so recovered, and

•may order that the person liable for the payment

•shall in default of payment suffer imprisonment for a

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

•which may not be less than ten thousand rupees, or

•with both.”.

(P)In section 166,––

(i)in the long line, for the words “he shall be

•punishable with imprisonment for a term which may

•extend to one month, or with fine which may extend

•to five hundred rupees, or with both.”, the words “he

•shall be liable for the first contravention with

•penalty of two thousand rupees, for any second or

•subsequent offence, he shall be punishable with

•imprisonment for a term which may extend to one

•month, or with fine of five thousand rupees, or with

•both:” shall be substituted;

•87

(1)(2) (3) (4) (5)

•(ii) after the long line, the following provisos

•shall be inserted, namely:—

•“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 two thousand

•rupees:

•Provided further that if the person refuses to

•pay the penalt y, he shall be produced before the

•competent court and shall be punishable with a

•fine which may extend up to five thousand

rupees.”.

(Q)In section 167,—

(i)in sub -section ( 3), for the words “punishable

•with fine which may extend to one hundred rupees.”,

•the words “liable to penalty of two thousand rupees

•in addition to being liable to forfeiture of his pass or

•ticket and shall also be removed by any railway

•servant and if he refuses to pay the penalty, he shall

•be produced before the competent c ourt having

•jurisdiction, shall be punishable with fine which may

•extend to five thousand rupees:” shall be substituted;

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

•shall be inserted, namely:—

•“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 two thousand rupees.”.

(R)In section 172, the words “, he shall be

•punishable with fine which may extend to five hundred

•rupees” shall be omitted.

(S)Section 176 shall be omitted.

(T)In section 179, in sub -section (2), for the words

•and figures “sections 137 to 139, 141 to 147, 153 to

•157, 159 to 167 and 172 to 176”, the words and figures

•“sections 137 to 139, 141 to 147, 153 to 157, 159 to

•162, 164 to 167 and 172 to 175” shall be substituted.

SECTION Section 178

Untitled Section

53.1994 44 The New

•Delhi

•Municipal

•Council Act,

•1994

(A)In section 2,—

(i)after clause ( 1), the following clause shall be

•inserted, namely:––

•‘(1A) “annual value” means the annual value

•of any vacant land or covered space of any

•building determined under section 64F;’;

•(ii) after clause (25), the following clause shall be

•inserted, namely:––

•‘(25A) “Municipal Valuation Committee”

•means the Municipal Valuation Committee

•constituted under section 64A;’;

•88

(1)(2) (3) (4) (5)

•(iii) after clause ( 39), the following clause shall

•be inserted, namely:––

•‘(39A) “public utilities” include water -supply,

•electric supply and lighting, sewerage and

•drainage, solid waste management, energy and

•telecommunication services, gas distribution

•system and public transport system, whether

•managed by Government or otherwise;’;

•(iv) after clause (54), the following clause shall be

•inserted, namely:––

•‘(54A) “vacant land” means the land within a

•premises excluding the occupied by the plinth of

•any building erected thereon;’.

(B)For section 61, the following section shall be

•substituted, namely:––

•“61. Components of property tax. —Save as

•otherwise provided in this Act, the property tax shall

•be levied on lands and buildings in New Delhi and

•shall consist of the following, namely:––

(a)a building tax; and

(b)a vacant land tax.”.

(C)After section 61, the following sections shall be

•inserted, namely:––

•‘61A. Building tax. —For any building, the

•building tax shall be equal to the rate of building tax

•as may be specified by the Council under

SECTION Section 179

Untitled Section

•section 61D multiplied by the annual value of the

•covered space of building determined under sub -

•section (1) of section 64F or section 64G.

61B.Rebate for certain categories. —In the case

•of any self -occupied residential building, singly

•owned by such persons as may be specified by the

•bye-laws, the Council may specify a rebate on the

•building tax not exceeding thirty per cent. of the tax

•due on the covered space of such building up to one

•hundred square metres of the covered space:

•Provided that such rebate shall not be available

•for more than one residential building within the

•jurisdiction of the New Delhi.

61C.Vacant land tax. —The vacant land tax in

•respect of any premises shall be equal to the rate of

•vacant land tax as may be specified by the Council

•under section 61E multiplied by the annual value of

•the vacant land determined under sub -section (3) of

SECTION Section 18

Untitled Section

•section 30A.”.

(H)In section 33-I, for sub-section (2), the following

•sub-section shall be substituted, namely:––

•“(2)(a) Contravenes any other provisions of this

SECTION Section 180

Untitled Section

•section 64F:

•89

(1)(2) (3) (4) (5)

•Provided that where there is any construction on

•the land and the area of plinth of such building is in

•excess of such percentage of the area of the plot as

•may be provided in the bye -laws, no vacant land tax

•shall be levied.

61D.Rate of building tax. —Save as otherwise

•provided in this Act, the base rate of property tax on

•buildings in New Delhi shall be between a minimum

•of ten per cent. and a maximum of twenty per cent.

•of the annual values of such buildings as may be

•specified by the Council from time to time:

•Provided that the Council may, at any time,

•specify fixed rates between the minimum and the

•maximum rates of tax as aforesaid for different areas

•or for different groups of buildings in such areas:

•Provided further tha t the Council may also

•introduce graduated rates of tax within the minimum

•and the maximum rates of tax as aforesaid on the

•basis of straight line system or any other system as

•may be specified by the Council.

Explanation.—For the purpose s of this section

•and section 61E, “Straight line system” means the

•system in which the rate of tax is equivalent to the

•annual value of a property ( X) divided by the

•minimum annual value ( X1) and Y being added to

•the quotient so arrived, Y being the difference

•between the maximum rate of tax and the quotient of

•maximum (X2) and minimum (X1) annual values.

61E.Rate of vacant land tax. —Save as otherwise

•provided in this Act, the rate of tax on vacant lands

•in New Delhi shall be between a minimum of ten per

cent.and a maxi mum of twenty per cent. of the

•annual value of such lands as may be specified by

•the Council from time to time:

•Provided that the Council may, at any time,

•specify fixed rates between the minimum and the

•maximum rates of tax as aforesaid for different areas

•or for different groups of vacant lands in such area:

•Provided further that the Council may also

•introduce graduated rates of tax within the minimum

•and the maximum rates of tax as aforesaid on the

•basis of straight line system or any other system as

•may be specified by the Council.’.

(D)In section 62, in sub -section (1), in clause ( a),

•for the Explanation, the following Explanation shall be

•substituted, namely:––

•‘Explanation.––“charitable purpose” includes

•medical relief to, or education of, the poor;’.

•90

(1)(2) (3) (4) (5)

(E)For section 63, the following section shall be

•substituted, namely:––

•“63. Unit of assessment.—(1) Every building and

•every vacant land shall be assessed as a single unit:

•Provided that where portions of any building or

•vacant land are separately owned so as to be entirely

•independent and capable of separate enjoyment,

•notwithstanding the fact that the access to such separate

•portions is made through a common passage or a

•common stair case, as the case may be, such separately

•owned portions may be assessed separately.

(2)All buildings, to the extent they are contiguous

•or are within the same cartilage or are on the same

•foundation and are owned by the same owner or

•co-owners as an undivided property, shall be treated as

•one unit for the purpose of assessment under this Act:

•Provided that if any such building is sub -divided

•into separate shares which are not entirely

•independent and capable of separate enjoyment, the

•Chairperson may, on application from the owners or

•the co -owners, apportion the valuation and

•assessment of suc h building among the co -owners

•according to the value of their respective shares,

•treating the entire building as a single unit.

(3)Each residential unit with its percentage of the

•undivided interest in the common areas and facilities,

•constructed or purchased and owned by, or under the

•control of, any housing co-operative society registered

•under any law regulating the co-operative housing for

•the time being in force, shall be assessed separately.

(4)Each apartment and its percentage of the

•undivided interest in the common areas and facilities

•in a building within the meaning of any law

•regulating apartment ownership for the time being in

•force, shall be assessed separately.

(5)If the ownership of any vacant land or building or

•any portion thereof is sub-divided into separate shares,

•or if more than one adjoining vacant land or building or

•portion thereof comes under one ownership by

•amalgamation, the Chairperson may, on an application

•from the owner or the co-owners, as the case may be,

•separate, or amalgamate, as the case may be, such vacant

•land or building or portion thereof so as to ensure

•conformity with the provisions of this section.

(6)Notwithstanding any assessment made in

•respect of any vacant lands or buildings before the

•date of commenceme nt of the Jan Vishwas

•(Amendment of Provisions) Act, 2026, the

•Chairperson may, on his own or otherwise,

•amalgamate, or separate, or continue to assess, such

•vacant lands or buildings or portions thereof so as to

•ensure conformity with the provisions of this section.

•91

(1)(2) (3) (4) (5)

(7)The Chairperson shall, upon an application made

•in this behalf by an owner, lessee, sub -lessee, or

•occupier of any vacant land or building and upon

•payment of such fee as may be provided in the

•bye-laws, furnish to such owner, lessee, sub-lessee, or

•occupier, as the case may be, information regarding the

•apportionment of the property tax on such vacant land

•or building among the several occupiers of such vacant

•land or building for the current period of assessment or

•for any preceding period of assessment:

•Provided that nothing in this sub -section shall

•prevent the Council from recovering the arrear dues

•on account of property tax from any such person,

•jointly or severally.”.

(F)After section 64, the following sections shall be

•inserted, namely:––

•‘64A. Constitution of Municipal Valuation

Committee.—(1) The Council shall as soon as may be

•after the commencement of the Jan Vishwas

•(Amendment of Provisions) Act, 2026, and thereafter

•at the expiration of every third year, constitute a

•Municipal Committee by a public notice issued in such

•form and manner as may be specified by bye-laws.

(2)The Municipal Valuation Committee shall

•consist of—

(a)the Chairperson; and

(b)such other members, being not less than two

•and not more than six, as the Council may

determine.

(3)The Chairperson and the other members of the

•Municipal Valuation Committee shall be appointed

•by the Council and the qualifications and experience

•requisite for their appointment, the manner of

•selection, and other terms and conditions of service

•including salaries and allowances, tenure of office

•shall be such as the Council may be rules determine.

(4)The salaries and allowances of the Chairperson and

•other members shall be paid from the Municipal Fund.

(5)The functions of the Municipal Valuation

•Committee shall be—

(a)to make recommendations to the Council on

•matters relating to classification of vacant lands and

•buildings in any area of New Delhi into areas and

•groups of lands and buildings and fixation of base

•value per unit area of vacant land or per unit area of

•covered space of building and factors for increase or

•decrease, or for no increase or decrease, thereof;

(b)to consider objections under section 64D,

•and to make recommendation thereon; and

•92

(1)(2) (3) (4) (5)

(c)to perform such other functions as the

•Council may require.

64B.Classification of vacant lands and buildings

•into areas and groups and specification of base unit

•area values therefor. —(1) The Municipal Valuation

•Committee shall recommend the classification of the

•vacant lands and buildings in any area of New Delhi

•into areas and groups of lands and buildings after

•taking into account all or any of the following

•parameters, namely:—

(a)settlement pattern such as plotted housing,

•group housing, colony with flats only, urban

•village, unauthorised colony, resettlement colony,

•rural village and non-residential areas;

(b)availability of civic and social

•infrastructure;

(c)access to roads;

(d)access to district centres, local shopping

•centres, convenience shopping centres, and other

•markets;

(e)land prices as may, from time to time, be

•notified by the Government or the Delhi

•Development Authority;

(f)use-wise category of any building including

•residential building, business building, mercantile

•building, building for recreation and sports

•purposes, industrial building, hazardous building

•and public purpose building including

•educational, medical and such other institutional

•building and far mhouse, as may be specified by

•the Council;

(g)in the case of buildings used for business,

•mercantile, recreation and sports, industrial,

•hazardous, storage or farmhouse purposes, the

•location of such buildings adjacent to such categories

•of streets, as may, subject to the provisions of sub-

•section (2), be specified by the Council;

(h)the types of buildings which may be

•classified as pucca, semi-pucca or katcha, as may

•be specified by the Council;

(i)the age -wise grouping of buildings as ma y

•be specified by the Council; and

(j)such other parameters as may be considered

•relevant by the Municipal Valuation Committee.

•93

(1)(2) (3) (4) (5)

(2)The Municipal Valuation Committee shall

•recommend, group-wise,––

(a)the base unit area value of any

•owner-occupied vacant land, or any wholly

•owner-occupied building of pucca structure,

•constructed in the year 2025 or thereafter, and put

•to exclusive residential use; and

(b)the factor for increasing or decreasing, or for

•not increasing or decreasing, the base unit area

•values specified in clause (a), separately in respect

•of any or each of the parameters o f type of area,

•use, age, type of structure and occupancy status of the

•vacant land or building, as the case may be, subject to

•a lower limit of zero point five and an upper limit of

•ten point zero.

64C.Notification of classification of vacant lands

•and buildings into areas and groups and specification of

•base unit area values thereof and factors for increase or

decrease.—(1) The Council shall, having regard to the

•recommendations of the Municipal Valuation

•Committee, declare its intention to classify vacant

•lands and buildings in New Delhi area into such areas

•and groups of lands and buildings as the Council may,

•by public notice, specify, and shall also specify in such

•public notice the base value it proposes to specify per

•unit area of vacant land and per unit area of covered

•space of building within each such group and also the

•factors for increasing or decreasing, or for not

•increasing or decreasing, the base unit area values of

•vacant lands and buildings referred to in clause (b) of

•sub-section (2) of section 64B.

(2)The Council shall, on receipt of any

•representation from any group in any area affected by

•such classification of lands or buildings into any group

•or specification of the base unit area values of vacant

•lands or covered space of buildings within such groups,

•and the factors for increasing or decreasing, or for not

•increasing or decreasing, such unit area values of

•vacant lands or covered space of buildings, refer such

•representation to the Municipal Valuation Committee

•for reconsideration, and the decision of the Municipal

•Valuation Committee thereon shall, subject to the

•provisions of section 64K, be binding on the Council.

64D.Objection to the classification of vacant lands

•and buildings into areas and groups and fixation of

•base unit area values and factors for increasing

•or decreasing such base unit ar ea values. —(1) If

•any owner or occupier of any vacant land or building in

•any area in respect of which a public notice has been

•issued under section 64C has any objection to the

•manner of classification of any group or groups, or the

•94

(1)(2) (3) (4) (5)

•base value per unit area of vacant land or the base value

•per unit area of covered space of building in any group,

•or the factors as specified in clause (b) of sub-section

(2)of section 64B, he may submit to such officer of the

•Council as may be authorised by the Council in this

•behalf his objection in such form, and containing such

•particulars, as may be prescribed, within thirty days

•from the date of publication of such public notice, and

•such objection shall be considered by t he Municipal

•Valuation Committee, after giving the person

•submitting the objection an opportunity of being heard.

(2)The procedure for hearing and disposal of

•objections shall be such, as may be prescribed.

(3)On the expiry of a period of thirty days fro m

•the date of publication of the public notice under

SECTION Section 181

Untitled Section

•section 64C and after considering the

•recommendation of the Municipal Valuation

•Committee on the objections, if any, in accordance

•with the provisions of this section the Council shall,

•by public notice, specify group -wise the base unit

•area value of vacant land and the base unit area

•value of covered space of building and the factors

•referred to in clause ( b) of sub -section ( 2) of

SECTION Section 182

Untitled Section

•section 64B:

•Provided that the Council shall not alter the unit

•area values recommended by the Municipal

•Valuation Committee without the approval of the

Government.

64E.Final base unit area values of vacant land and

•of covered space of building. —(1) Subject to the

•provisions of section 115, the base unit area value of

•vacant land and the base unit area value of covered

•space of building in any group, as may be specified

•under sub-section (3) of section 64D, shall be final.

(2)The Council shall publish the final base unit area

•value of vacant land and the final base unit area value of

•covered space of building as aforesaid and the factors

•used for increasing or decreasing, or for not increasing or

•decreasing, the final base unit area values as aforesaid

•and shall make them available for inspection by any

•person free of charge and copies thereof also made

•available to any person on payment of cost.

64F.Determination of annual value of covered

•space of building and of vacant land. —(1) The

•annual value of any covered space of building in any

•area shall be the amount arrived at by multiplying

•the total area of such covered space of building by

•the final base unit area value of such covered space

•and the relevant factors as referred to in clause (b) of

•sub-section (2) of section 64B.

•95

(1)(2) (3) (4) (5)

Explanation.—For the purposes of this Act

•“covered space”, in relation to a building, shall mean

•the total floor area in all the floor thereof, including

•the thickness of walls, and shall include the spaces

•of covered verandah and courtyard, gangway,

•garage, common ser vice area, stilt parking area,

•staircase, and balcony including any area projected

•beyond the plot boundary and such other space, as

•may be prescribed.

(2)The Council may require the total area of the

•covered space of building as aforesaid to be certified

•by an architect registered under the Architects Act,

•1972 (20 of 1972), or any licensed architect, subject

•to such conditions as may be specified by the

•Council by a resolution in this behalf.

(3)The annual value of any vacant land in any area

•shall be the amount arrived at by multiplying the total

•area of such vacant land by the final base unit area

•value of such land and the relevant factors as referred

•to in clause (b) of sub-section (2) of section 64B.

(4)If, in the case of any vacant land or covere d

•space of building or any portion thereof is subject to

•different final base unit area values or is not self -

•occupied, the annual value of each such portion shall

•be computed separately, and the sum of such annual

•values shall be the annual value for such vacant land

•or covered space of building, as the case may be.

64G.Determination of annual value of building

•where land is exempted from property tax. —Where

•any vacant land is exempted from property tax under

•any law for the time being in force, the annual value of

•any building erected on such land, which is in existence

•for more than one year and is not entitled to any

•exemption from such tax under this Act or any other

•law for the time being in force, shall be determined in

•accordance with the provisions of this Act.

64H.Transitory provisions.— (1) Notwithstanding

•anything contained in this Act, as amended by the Jan

•Vishwas (Amendment of Provisions) Act, 2026, a tax

•on vacant land or covered space of building or both,

•levied under this Act immediately before the

•commencement of the Jan Vishwas (Amendment of

•Provisions) Act, 2026, shall, on the commencement

•of the Jan Vishwas (Amendment of Provisions) Act,

•2026, be deemed to be the tax on such vacant land or

•covered space of building or both, levied under this

•Act as amended by the Jan Vishwas (Amendment of

•Provisions) Act, 2026, and shall continue to be in

•force until such tax is revised in accordance with the

•provisions of this Act, as amended by the Jan

•Vishwas (Amendment of Provisions) Act, 2026.

•96

(1)(2) (3) (4) (5)

(2)Notwithstanding anything contained in

•sub-section ( 1), where assessment has not been

•finalised in respect of a vacant land or covered space

•of a building or both, on the date of the

•commencement of the Jan Vishwas (Amendment of

•Provisions) Act, 2026, the assessee may have such

•land or building or both, as the case may be,

•assessed on the basis of the annual value.

(3)Notwithstanding anything contained in this

•Act or any other law for the time being in force, or

•in any judgment, any assessee, from whom tax dues

•are pending at the time of the commencement of the

•Jan Vishwas (Amendment of Provisions) Act, 2026

•may seek assessment on the basis of annual value for

•the period to which the dues pertain to:

•Provided that the benefit of any such scheme shall

•only be applicable to those assessees who apply to

•be so assessed within a period of six months of the

•declaration of final classification of areas and base

•unit area values of the property:

•Provided further that t he assessee shall have to

•pay the dues as assessed under this Act as amended

•by the Jan Vishwas (Amendment of Provisions) Act,

•2026, within a period of one year of the demand

•notice being served on him.

•64-I. Validity of base unit area values of vacant land

•and covered space of building. —The base unit area

•value of vacant land and the base unit area value of

•covered space of building in respect of a specified group

•in an area shall remain in force for a period of three

•years:

•Provided that till the revisio n of such base unit

•area values is completed, the existing base unit area

•values shall continue to be in force.

64J.Indexation of unit area value. —If, for any

•reason, the base unit area value of any vacant land, or

•the base unit area value of any covered space of

•building, in any group in any area has not been

•revised on the completion of a period of three years

•from the date on which such base unit area values

•were last determined, it shall be lawful for the

•Council to increase or decrease the bas e unit area

•values according to the changes in the consumer price

•index of urban non -manual workers or such other

•suitable index as the Council may determine till such

•revision is made by the Municipal Valuation

•Committee, and to realise the amount of property tax

•for such covered space of building or vacant land on

•the basis of the revised base unit area values.

•97

(1)(2) (3) (4) (5)

64K.Hardship and Anomaly Committee.—(1) The

•Council shall, on the commencement of the Jan

•Vishwas (Amendment of Provisions) Act, 2026, appoint,

•for such period, not exceeding one year, as the Council

•may think fit, a Hardship and Anomaly Committee with

•a view to considering the cases of hards hips or

•anomalies, if any, in respect of property tax imposed

•under the provisions of this Act as amended by the Jan

•Vishwas (Amendment of Provisions) Act, 2026.

(2)The Hardship and Anomaly Committee shall

•consist of a professional from areas of finance,

•taxation, law or municipal management, as the

•Chairperson and four other members of whom one

•shall be a member of the Council to be nominated by

•the Council, one shall be the Chairperson of the

•Municipal Valuation Committee and one member

•shall be nominated from among the members of the

•Municipal Valuation Committee and one shall be the

•Secretary of the Council.

(3)The Hardship and Anomaly Committee shall

•make recommendations to the Council on the

•petitions received from any group of affected

•persons regar ding any hardship or anomaly arising

•out of the property tax imposed, and the decision of

•the Council on such recommendation shall be final.

(4)The procedure for the functioning of the

•Hardship and Anomaly Committee shall be such, as

•may be specified by the Council.’.

(G)In section 65,—

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

•following proviso shall be inserted, namely:––

•“Provided further that the Council may levy

•and collect service charges from properties of the

•Union of India at the rate of seventy-five per cent.

•of property tax leviable, for rendering municipal

services.”;

•(ii) after sub -section ( 2), the following

•sub-section shall be inserted, namely:––

•“(3) Property owned by a Government company

•incorporated under the Companies Act, 2013 (18 of

•2013), or a society formed under the Societies

•Registration Act, 1860 (21 of 1860), functioning

•under the administrative control of the Central

•Government or any State Government, or any

•Union territory or a statutory or autonomous

•corporation constituted by an Act of Parliament or

•by an Act of any State Legislature, which has a

•corporate personality of its own, shall not be

•deemed to be the property of the Union.”.

(H)For section 66, the following section shall be

•substituted, namely:––

•98

(1)(2) (3) (4) (5)

•‘66. Incidence of property taxes. —(1) The

•property tax on any land or building shall be

•primarily leviable upon the owner thereof.

(2)The liability of the several owners of any land

•or building constituting a single unit of assessment,

•which is, or purports to be, severally owned in parts

•including flats or rooms, for payment of property tax

•or any instalment thereof, payable during the period

•of such ownership, shall be joint and several:

•Provided that the Chairperson may apportion the

•amount of property tax on such land or building

•among several co-owners:

•Provided further that in any case where the

•Chairperson is, for reasons to be recorded in writing,

•satisfied that the owner is not traceable, the occupier

•of such land or building for the time being shall be

•liable for payment of the property tax and shall also

•be entitled to the rebate, if admissible.

(3)In the case of any land or building which is

•not self -occupied and where the own er is

•constrained by any law, order of the Government or

•order of a court from recovering the tax due, such

•tax shall be recovered from the occupier or

•occupiers, as the case may be:

•Provided that the owner shall continue to pay such

•amount of tax as he was liable to pay before the date of

•coming into force of the Jan Vishwas (Amendment of

•Provisions) Act, 2026 and only the balance amount, if

•any, shall be recovered from the occupier.

(4)The property tax on any land or building, which

•is the property of the Council and the possession of

•which has been delivered under any agreement or

•licensing arrangement, shall be leviable upon the

•transferee or the licensee, as the case may be.

(5)If any land has been let to a tenant or lessee

•for a term exceeding one year and such tenant has

•built upon such land, the property tax assessed in

•respect of such land and the building erected thereon

•shall be payable by such tenant or lessee, whether

•the land and the building are in the occupation of

•such tenant or lessee or a sub-tenant or sub-lessee of

•such tenant or lessee, as the case may be.

Explanation.—For the purposes of this section,

•“tenant” shall include any person deriving title to the land

•or the building erected upon such land, from the tenant,

•whether by operation of law or by transfer inter vivos.’.

(I)Section 67 shall be omitted.

(J)In section 69, in the Explanation, after the words

•“property tax and the penalty”, the words “and any

•other sum recoverable as arrears of property tax” shall

•be inserted.

•99

(1)(2) (3) (4) (5)

(K)After section 69, the following sections shall be

•inserted, namely:––

•“69A. Submission of returns. —(1) The

•Chairperson shall, with a view to determining the

•annual values of vacant land and covered space of

•building in any area and the person primarily liable

•for the payment of property tax, by public notice, or

•by notice, in writing, require the owner and the

•occupier of such vacant land or covered space of

•building or any portion thereof, including such owner

•or the person computing the tax due under the

•provisions of section 69B, to furnish a return in such

•form, as may be specified by the bye-laws and within

•such time, not being less than thirty days from the

•date of publication of such notice, as may be specified

•therein, containing the following particulars,

•namely:—

(a)the name of the owner and the occupier;

(b)the number of the area, the name of the area,

•and the number and the sub -number of the

•premises of such vacant land or covered space of

•building, as the case may be;

(c)whether the building is pucca, semi-pucca or

•katcha;

(d)year of completion of construction of the

•building, or year or years of part construction

•thereof, as the case may be;

(e)the use with reference to the provisions of

SECTION Section 183

Untitled Section

•clause ( f) of sub -section ( 1) of section 64B to

•which such vacant land or covered space of

•building is put or intended to be put;

(f)the area of the vacant land and the covered

•space of the building with break -up of the area

•under various uses;

(g)whether who lly owner-occupied or wholly

•tenanted, or partly owner -occupied and partly

•tenanted, and the areas thereof; and

(h)such other particulars as may be specified by

•the bye-laws.

(2)Every owner and every occupier as aforesaid

•shall be bound to comply with su ch notice and to

•furnish a return with a declaration that the statement

•made therein is correct to the best of knowledge and

•belief of such owner and occupier.

(3)Whoever omits to comply with such

•requisition, shall in addition to any penalty to which

•he may be liable, be precluded from objecting to any

•assessment made by the Chairperson in respect of

•such land or building.

•100

(1)(2) (3) (4) (5)

(4)The Chairperson or any person subordinate to

•him and duly authorised by him in this behalf, in

•writing, or any licensed architect, may, with or

•without giving any previous notice to the owner or the

•occupier of any land or building, enter upon, and

•make any inspection or survey, and take measurement

•of such land or building with a view to verifying the

•statement made in the return for such land or building

•or for collecting the particulars referred to in

•sub-section (1) in respect of such land or building:

•Provided that no such entry shall be made except

•between the hours of sunrise and sunset.

69B.Self-assessment and submission of return.—

(1)After the date of commencement of the Jan

•Vishwas (Amendment of Provisions) Act, 2026, any

•owner of any vacant land or covered space of building

•or any other person liable to pay the property tax or

•any occupier in the absence of such owner or person,

•shall file a return of self-assessment within sixty days

•from such commencement.

(2)Such owner or other person or occupier, as the

•case may be, shall, thereafter, file the annual return

•only in those cases where there is a change in the

•position as compared to the previous return, within a

•period of three months after the end of the financial

•year in which the change in position has occurred.

(3)Any owner of any covered space of building or

•vacant land or any other person liable to pay the

•property tax, or any occupier in the absence of such

•owner or person shall compute the tax due under

SECTION Section 184

Untitled Section

•section 61A or section 61C, as the case may be, and

•pay the same in equated quarterly instalment by the

•30th day of June, 30th day of September, 31st day of

•December and 31st day of March of the financial year

•for which the tax is to be paid and in the event of tax

•being paid in one lump sum for the said financial year

•by the 30th day of June, rebate of such percentage not

•exceeding fifteen per cent., as may be notified by the

•Council, of the total tax amount due shall be allowed.

(4)Any owner of any vacant land or covered space

•of building or any other person liable to pay the

•property tax or any occupier in the absence of such

•owner or person, who computes such property tax

•under this section, shall, on such computation pay the

•property tax on such vacant land or covered space of

•building, as the case may be, together with interest, if

•any, payable under the provisions of this Act on—

(a)any new building or existing building which

•has not been assessed; or

(b)any existing building which has been

•redeveloped or substantiall y altered or improved

•after the last assessment, but has not been

•subjected to revision of assessment consequent

•upon such redevelopment or alteration or

•improvement as the case may be.

•101

(1)(2) (3) (4) (5)

(5)Such owner or person, as the case may be, shall

•furnish to the Chairperson a return of self-assessment in

•such form, and in such manner, as may be specified in

•the bye-laws and every such return shall be accompanied

•by proof of payment of property tax and interest, if any.

(6)In the case of any new building for which an

•occupancy certificate has been granted, or which has

•been occupied, after the date of commencement of the

•Jan Vishwas (Amendment of Provisions) Act, 2026,

•such payment shall be made, and such return shall be

•furnished, within a period of thirty days of the expiry of

•the quarter in which such occupancy certificate is granted

•or such building is occupied, whichever is earlier.

Explanation.—For the removal of doubts, it is

•hereby declared that the occupancy certificate may be

•provisional or final and may be for the whole or any

•part of the building and occupancy may be of the

•whole or any part of the building.

(7)After the determination of the annual value of

•vacant land or covered space of building under

SECTION Section 185

Untitled Section

•section 64F or section 64G or revision thereof under

SECTION Section 186

Untitled Section

•section 69C has been made, any amount paid on self-

•assessment under this section shall be deemed to have

•been paid on account of such determination under this

•Act as amended by the Jan Vishwas (Amendment of

•Provisions) Act, 2026.

(8)If any owner or other person as aforesaid, liable

•to pay the property tax under this Act, fails to pay the

•same together with interest thereo n, if any, in

•accordance with the provisions of this section, he shall,

•without prejudice to any other action to which he may

•be subject, be deemed to be a defaulter in respect of such

•property tax, or interest, or both, remaining unpaid, and

•all the provisions of this Act applicable to such defaulter

•shall apply to him accordingly.

(9)If, after the assessment of the annual value of any

•land or covered space, of building is finally made under

•this Act, the payment on self -assessment under this

•section is found to be less than that of the amount payable

•by the assessee, the assessee shall pay the difference

•within a period of two months from the date of final

•assessment, failing which recovery shall be made in

•accordance with the provisions of this Act, but, after the

•final assessment, if it is found that the assessee has paid

•excess amount, such excess amount shall be refunded:

•Provided that in any case where the amount of tax

•determined in the final assessment is more than the

•amount of tax paid under self -assessment, and the

•difference in the amount of tax is, in the opinion of

•the Chairperson, the result of wilful suppression of

•facts as defined in the bye-laws, the Chairperson may

•levy a penalty not exceeding thirty per cent. of such

•difference in the tax besides the interest thereon:

•102

(1)(2) (3) (4) (5)

•Provided further that the levy of such penalty shall

•be in addition to any other punishment provided for

•under this Act:

•Provided also that the procedure for sending of

•notice, hearing of objection and determination of tax

•and penalties shall be such as may be specified in the

•bye-laws.

(10)Where no notice is sent by the Chairperson

•under section 69C within a period of twelve months

•after the year to which such self-assessment relates,

•such self-assessment shall be regarded as assessment

•made under this Act:

•Provided that in any case, where there has been

•wilful suppression of facts, penalty up to thirty per

cent.of the tax due may be imposed:

•Provided further that the procedure for sending of

•notice, hearing of objection and determination of tax

•and penalties shall be such as may be specified in the

•bye-laws.

69C.Revision of assessment.—(1) The Chairperson

•may cause any revision to be made at any time in the

•annual value of any vacant land or covered space of

•building or any portion thereof in the following cases,

•namely:––

(i)where the nature of use changes; or

•(ii) where the nature of occupancy changes; or

•(iii) where a new building is erected or an

•existing building is redeveloped or substantially

•altered or improved during the period the annual

•value remains in force; or

•(iv) where, on an application made, in writing,

•by the owner or the per son liable to pay the

•property tax, it is established that during the period

•the annual value is in force, such value has been

•reduced by reason of any substantial demolition or

•has suffered depreciation on account of any

•accident or any calamity proved to the satisfaction

•of the Chairperson to have been beyond the control

•of such owner or person; or

(v)where any vacant land or covered space of

•building or portion thereof is acquired by purchase

•or otherwise by the Central Government or the

•Government or the Council; or

•(vi) where any vacant land or covered space of

•building or portion thereof is sold or otherwise

•transferred to the Central Government or the

•Government or the Council; or

•(vii) where, upon the acquisition or transfer of a

•part of any vacant land or covered space of

•building, a residual portion remains; or

•(viii) where it becomes necessary so to do for

•any other reason to be recorded in writing.

•103

(1)(2) (3) (4) (5)

(2)Before making any revision of the annual value

•under sub-section (1), the Chairperson shall give any

•owner, person or occupier as the case may be,

•affected by such revision, notice of not less than thirty

•days that he proposes to make the revision and

•consider any objections which may be made by such

•owner, person or occupier.

(3)Notwithstanding anything contained in

•sub-section (1), where the annual value of any vacant

•land or covered space of building—

(i)has not, for any reason, been determined

•under this Act, the annual value of such vacant

•land or covered space of building, as the case may

•be, may be determined by the Chairperson at any

•time during the currency of the period of

•assessment in respect of such vacant land or

•covered space of building under section 64F or

SECTION Section 187

Untitled Section

•section 64G, as the case may be; or

•(ii) has been cancelled on the ground of

•irregularity, the annual value of such vacant land

•or covered space of building, as the case may be,

•may be determined by the Chairperson at any time

•after such cancellation and such annual value of

•such vacant land or covered space of building, as

•the case may be, shall remain in force until a fresh

•valuation or revision is made.

(4)Any revision of annual value of any vacant land

•or covered space of building or any portion thereof

•under this section shall be made with reference to the

•group into which such vacant land or covered space

•of building or part thereof is classified under

SECTION Section 188

Untitled Section

•section 64B, and the annual value fixed per unit area

•of such vacant land or covered space of building for

•that group shall be applicable.

(5)Notwithstanding anything contained in the

•foregoing provisions of this section, no revision of the

•annual value of any vacant land or covered space of

•building under this section shall be made without

•giving the owner or the occupier of such vacant land

•or covered space of building a reasonable opportunity

•of being heard.

(6)Where any revision of annua l value of any

•vacant land or covered space of building is made

•under this section, the order of such revision shall be

•communicated to the owner or the occupier of such

•vacant land or covered space of building within a

•period of ten days from the date of the order.

(7)An appeal shall lie against an order under

•sub-section ( 6) to an officer appointed by the

•Government, if preferred by the owner, person or the

•occupier of such vacant land or covered space of

•building within forty-five days from the date of the

•receipt of the order.

•104

(1)(2) (3) (4) (5)

69D.Power of Chairperson regarding

assessment.—The Chairperson may, at any time—

(a)make, suo motu, an assessment in any case

•where a return on the basis of self-assessment has

•not been filed;

(b)revise any assessment where the information

•furnished in the return of self-assessment is found

•to be incorrect;

(c)reopen any assessment even after the period of

•one year and not exceeding seven years in any case

•where it has been detected that there is wilful

•suppression of information or misclassification or

•misrepresentation or collusion or fraud or forgery in

•respect of assessment or any connection thereof;

(d)impose a penalty not exceeding thirty per

cent.of the difference in tax arising from non -

•filing of a return in time, giving wrong information

•or misclassification or misrepresentation or

•collusion or fraud or forgery in respect of

•assessment or any connection thereof; and

(e)suo motu examine or review any assessment

•made under this Act for the purposes of satisfying

•himself as to the legality or propriety of such

•decision or order,

•he may order or direct such assessing authority to

•reassess the order or decision on such points as may be

•specified by him in the order.”.

(L)For section 70, the following section shall be

•substituted, namely:––

•“70. Assessment list.—(1) The Council shall maintain

•a Municipal Assessment Book, also known as

•assessment list, in such form, and in such manner, as may

•be specified in the bye-laws and shall make it available

•for inspection, free of charge, through electronic media

•or otherwise as may be specified by the bye-laws:

•Provided that the Municipal Assessment Book

•shall not be kept pending for any case for which any

•objection or appeal has been filed:

•Provided further that subject to such alterations as

•may be made thereafter in the assessment list under

•this Act, the ent ries in the assessment list shall be

•accepted as conclusive evidence for the purpose of

•assessing any tax levied under this Act, of the annual

•value of all lands and buildings to which such entries

•respectively relate.

(2)The Chairperson may, at any time, amend the

•Municipal Assessment Book for such reasons as may

•be specified in the bye-laws:

•Provided that no such amendment shall be made

•without giving any person affected a reasonable

•opportunity of being heard.”.

•105

(1)(2) (3) (4) (5)

(M)Sections 71 and 72 shall be omitted.

(N)After section 72 as so omitted, the following

•section shall be inserted, namely:––

•“72A. Assignment of property identification code.—

(1)The Council shall cause to be maintained a register

•wherein the property identification code numbers by

•which any premises or part thereof shall be known, shall

•be recorded in respect of each such premises in the

•municipal area and such numbers shall be fixed in such

•manner as may be specified in the bye-laws.

(2)When the property identification code numbers in

•respect of premises in any area of the Council have been

•determined, the Chairperson shall notify the same in

•such manner as may be specified in the bye-laws.

(3)After the property identification code numbers

•in respect of premises in any area have been notified

•under sub-section (2), any person required under this

•Act or any other law to make any application to the

•Council for permission, licence or for payment of any

•tax or for payment of any dues for any service and for

•such other purposes as may be prescribed, shall at the

•time of making such application, mention in the

•application, the property identification code number

•determined under sub-section (1).”.

(O)Section 73 shall be omitted.

(P)Sections 77, 78, 79 and 80 shall be omitted.

(Q)Section 88 shall be omitted.

(R)For section 98, the following sections shall be

•substituted, namely:—

•“98. Time and manner of payment of taxes. —(1)

•Save as otherwise provided in this Act, any tax levied

•under this Act shall be payable on such dates, in such

•number of instalments and in such manner as may be

•determined by the bye-laws made in this behalf:

•Provided that if, on the commencement of the

•Jan Vishwas (Amendment of Provisions)

•Act, 2026, there is any increase in the amount of

•property tax which was being paid or was payable

•immediately before such commencement of the

•Jan Vishwas (Amendment of Provisions) Act, 2026,

•the difference in the amount of property tax in excess

•of fifty per cent. above the tax being paid or being

•payable, shall be given effect to by stages covering a

•period of three years by dividing the amount of such

•increase in the property tax by three, the quotient

•being added to the amount of property tax which was

•payable immediately before the date of commencement

•of the Jan Vishwas (Amendment of Provisions) Act,

•2026, and to the amount of property tax which shall

•be payable respectively in each of the remaining two

•successive years after such addition.

•106

(1)(2) (3) (4) (5)

(2)Where any person liable for the payment of

•property tax under this Act has failed to pay––

(a)such tax by the date as specified in

•sub-section (3) of section 69B; or

(b)the arrear of tax, interest and penalty, if any,

•and any other sum in the nature of tax up to the

•31st March of the preceding financial year,

•he shall be liable to pay simple interest at the rate of

•one and a half per cent. for every month or part of the

•month comprising the period from the expiry of the

•due date, till the amount is actually paid.

98A.Punishment for wilful default in payment of

•property tax, furnishing wrong information in return

•of assessment, etc.—Whoever wilfully makes default

•in the payment of, or wilfully attempts in any manner

•whatsoever to evade, any tax, including amount of

•interest due and penalty levied under this Act, or

•furnishes any wrong information in the return of

•assessment, or wilfully fails to furnish in due time the

•return of property tax, or does not furnish information

•as asked for under any provision of this Act, he shall,

•without prejudice to any other penal provision under

•this Act to which he may be subject, be liable for

•penalty equal to fifty per cent. of the amount of tax so

•evaded or sought to be evaded:

•Provided that the penalties so imposed shall be in

•addition to, and not in derogation of, any liability in

•respect of the payment of tax which the defaulter may

•have incurred.”.

(S)In section 99, in sub-section (1), in the proviso,–

(i)in clause (a), at the end, the word “and” shall be

•inserted;

•(ii) in clause ( b), at the end, the word “and” shall

•be omitted;

•(iii) clause (c) shall be omitted.

(T)In section 101, in sub-section (2),––

(i)for the word “twenty”, the word “thirty” shall

•be substituted;

•(ii) for the words, brackets and figures “the amount

•of the tax and the notice fee, payable under

•sub-section ( 2) of section 100”, the words “the

•amount of tax, notice fee and any interest that the

•defaulter may be liable to pay” shall be substituted.

(U)After section 102, the following section shall be

•inserted, namely:—

•107

(1)(2) (3) (4) (5)

•“102A. Recovery of property tax. —If, after the

•date of commencement of the Jan Vishwas

•(Amendment of Provisions) Act, 2026, any owner of

•any vacant land or covered space of building or any

•other person liable to pay the property tax or any

•occupier, in the absence of any such owner or person,

•does not file a return of self -assessment within a

•period of sixty days of the commencement of the Jan

•Vishwas (Amendment of Provisions) Act, 2026, or if

•the person liable for the payment of property tax does

•not pay the amount due within the due date, such sum

•together with all costs and penalty may be recovered

•under a warrant, issued in the form set forth in the

•Seventh Schedule, by distress and sale of the movable

•property, or the attachment and sealing and sale of the

•immovable property, of the defaulter:

•Provided that the Chairperson shall not recover

•any sum the liability for which has been remitted on

•appeal under the provisions of this Act.”.

(V)Sections 110 to 114 shall be omitted.

(W)In section 116, in clau se ( a), the words and

•figures “or, as the case may be, within thirty days of the

•date on which an amendment is finally made under

SECTION Section 189

Untitled Section

•section 72” shall be omitted.

(X)Section 125 shall be omitted.

(Y)Sections 152 and 153 shall be omitted.

(Z)Section 176 shall be omitted.

•(ZA) Sections 179 ,180 and 181 shall be omitted.

•(ZB) In section 193, sub-section (6) shall be omitted.

•(ZC) In section 209, sub-sections (3), (4), (5), (6) and

(7)shall be omitted.

•(ZD) In section 213, sub-section (2) shall be omitted.

•(ZE) Section 214 shall be omitted.

•(ZF) In section 221, for the words and figures “Except

•as provided in section 222, no”, the word “No” shall be

substituted.

•(ZG) Section 222 shall be omitted.

•(ZH) Section 234 shall be omitted.

•(Z-I) Section 241,—

(i)in sub-section (1), the words and figures “or the

•provisions of section 245” shall be omitted;

•(ii) in sub -section (3), the words and figures “or

•under section 245” shall be omitted.

•108

(1)(2) (3) (4) (5)

•(ZJ) Section 245 shall be omitted.

•(ZK) In section 254, in sub-section (1), clause (j) shall

•be omitted.

•(ZL) After section 254, the following section shall be

•inserted, namely:––

•“254A. Appeals against penalties.–– (1) Any person

•on whom penalty has been imposed other than a penalty

•imposed under the proviso to sub-section (9) of section

•69B and clause ( d) of section 69D under any of the

•provisions of this Act or any bye -laws or rules made

•thereunder may file an appeal to the appellate authority

•who shall be an officer designated by the Chairperson

•and who shall be not less than one rank above the officer

•who has imposed the said penalty.

(2)Every appeal under sub -section ( 1) shall be

•filed within thirty days from the date of receipt of

•notice of the penalty, in such form and manner as may

•be specified by the bye-laws made by the Council.

(3)The appellate authority may, after giving the

•appellant an opportunity of being heard, pass such

•summary order confirming, modifying or setting

•aside the penalty.

(4)The appellate author ity shall dispose of the

•appeal within a period of sixty days from the date of

•its filing.

(5)The amount of penalty imposed under this Act,

•if not paid, may be recovered as an arrear of tax.”.

•(ZM) In section 265, sub-section (3) shall be omitted.

•(ZN) In section 267, sub-section (3) shall be omitted.

•(Z-O) Sections 271 and 272 shall be omitted.

•(ZP) Section 275 shall be omitted.

•(ZQ) Sections 280 and 281 shall be omitted.

•(ZR) Sections 284 and 285 shall be omitted.

•(ZS) Sections 288 and 289 shall be omitted.

•(ZT) Section 291 shall be omitted.

•(ZU) Section 293 shall be omitted.

•(ZV) Section 296 shall be omitted.

•(ZW) Sections 298 and 299 shall be omitted.

•(ZX) For section 304, the following section shall be

•substituted, namely:––

•“304. Disposal of dead animals.—Whenever any

•animal in the charge of any person dies, the person in

•charge thereof shall within a period of twenty -four

•hours convey the carcass to a place provided or

•appointed under section 263 for the final disposal of

•the carcasses of dead animals.”.

•109

(1)(2) (3) (4) (5)

•(ZY) Section 307 shall be omitted.

•(ZZ) Sections 311, 312 and 313 shall be omitted.

•(ZZA) Sections 320, 321 and 322 shall be omitted.

•(ZZB) Section 324 shall be omitted.

•(ZZC) In section 346,––

(i)in the marginal heading, the words “or

•molestation” shall be omitted;

•(ii) the words “or molest” shall be omitted.

•(ZZD) In section 353, after sub -section ( 1), the

•following sub-section shall be inserted, namely:––

•“(1A).The service of notices, summons and other

•documents referred to in sub-section (1) may be made by

•delivering or transmitting a copy thereof by speed post

•with registration and proof of delivery, addressed to the

•defendant or his agent empowered to accept the service

•or by speed post or b y such courier services as are

•approved by the High Court or by any other means of

•transmission of documents (including fax message or

•electronic mail service) as may be provided by rules

•made by the High Court.”.

•(ZZE) In section 363, for the words “rates or rent”, the

•words “rates, rents or penalty imposed under this Act”

•shall be substituted.

•(ZZF) For section 369, the following section shall be

•substituted, namely:––

•“369. Penalties for certain offences. —(1)

•Whoever—

(a)contravenes any provision of any of the

•sections, sub -sections, clauses, provisos or other

•provisions of this Act mentioned in column (1) of

•the Table in the Tenth Schedule; or

(b)fails to comply with any order or direction

•lawfully given to him or any requisition lawfully

•made upon hi m under any of the said sections,

•sub-sections, clauses, provisos or other provisions,

•shall be liable to penalty as specified in that behalf in

•column (3) of the said Table.

(2)Any member, referred to in clauses (b) and (d)

•of sub-section ( 1) of section 4, who knowingly

•acquires, directly or indirectly, any share or interest

•in any contract made with, or any work done for the

•Council, shall be deemed to have committed the

•offence made punishable under section 202 of the

•Bharatiya Nyaya Sanhita, 2023 (45 of 2023).”.

•110

(1)(2) (3) (4) (5)

•(ZZG) For section 370, the following section

•shall be substituted, namely: ––

•“370. Provision for remedial action or

•warning notice. ––Notwithstanding anything

•contained in this Act or any rules made or

•bye-laws framed thereunder, a remedial action or

•warning notice to the offender in the first instance

•of violation may be issued before imposition of

•penalty for the offences as mentioned in the

•Eleventh Sch edule:

•Provided that in such cases, on commission of

•the same offence by the same offender, or in case

•of failure to comply with the directions contained

•in the remedial action or warning notice within the

•stipulated time, penalty as prescribed in the Tent h

•Schedule shall be imposed without further notice:

•Provided further that the Central Government

•may, by notification, amend, modify, add the

•offences for which a remedial action or warning

•notice to the offender in the first instance may be

•issued before imposition of penalty.”.

•(ZZH) Section 372 shall be omitted.

•(ZZ-I) For section 382, the following section shall

•be substituted, namely: ––

•“382. Duties of police officer. –– It shall be the

•duty of all police officers, to assist the Chairperson,

•municipal officers and other municipal employees,

•or any other officer authorised by the Chairperson,

•in discharge of their duties and functions under this

•Act or any rule, regulation or bye -law made

•thereunder and to assist them in the exercise

•of their lawful authority for prevention of

•commission of any contravention under this Act or

otherwise.”.

•(ZZJ) For section 390, the following sect ion shall

•be substituted, namely: ––

•“390. Penalty for breaches of bye -laws.— (1)

•Any bye-law made under this Act may provide that

•a contravention thereof shall be liable to penalty

•which may extend to five hundred rupees.

(2)Any such bye -law may also pro vide that a

•person contravening the same shall be required to

•remedy so far as lies in his power, the mischief, if

•any, caused by such contravention.”.

•(ZZK) The Fourth Schedule shall be omitted.

•111

(1)(2) (3) (4) (5)

•(ZZL) For the Tenth Schedule, the following

•Schedules shall be substituted, namely: ––

•“THE TENTH SCHEDULE

•[See section 369( 1)]

•PENALTIES

Explanation.–– The entries in the second column

•of the following Table below under the heading

•“subject” are not intended as definitions of the

•offences prescribed in the provisions mentioned in the

•first column of the Table or even as abstracts of those

•provisions, but are inserted merely as reference to

•subject thereof:—

•Section,

•sub-section,

SECTION Section 19

Untitled Section

•Chapter except section 24 as applied by section 33H

•or any rule made under this Chapter shall be

•punishable with imprisonment for a term which may

•extend to six months and with fine which shall not be

•less than ten thousand rupees;

(b)contravenes section 24 as applied by

SECTION Section 190

Untitled Section

•clause or

•proviso

•Subject Penalty

•(in

•Rupees)

(1)(2) (3)

SECTION Section 191

Untitled Section

•Section 75 Failure to give notice

•of erection of new

•building, etc.

•500/-

SECTION Section 192

Untitled Section

•Section 89 Prohibition of

•advertisement without

permission.

•5000/-

SECTION Section 193

Untitled Section

•Section 148 Use for non-domestic

•purposes of water

•supplied for domestic

purposes.

•1000/-

SECTION Section 194

Untitled Section

•Section 164 Waste or misuse of

water.

•500/-

SECTION Section 195

Untitled Section

•Section 173 Injury to, or

•interference with free

•flow of contents of

•municipal drain or

•drains communicating

•with municipal drain.

•1000/-

SECTION Section 196

Untitled Section

•Section 174,

•sub-section (2)

•Private drain not to be

•connected with

•municipal drain without

notice.

•1000/-

SECTION Section 197

Untitled Section

•Section 175 Non-compliance with

•requisition for drainage

•of undrained premises.

•500/-

SECTION Section 198

Untitled Section

•Section 177 Non-compliance with

•requisition of

•maintenance of drainage

•works for any group or

•block of premises.

•500/-

•112

(1)(2) (3) (4) (5)

(1)(2) (3)

SECTION Section 199

Untitled Section

•Section 178 Non-compliance with

•directions to close or

•limit the use of private

•drains in certain cases.

•500/-

SECTION Section 2

Untitled Section

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

•Act, 2026.

(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.

•Short title and

commencement.

•AS INTRODUCED IN LOK SABHA

•Bill No. 104 of 2026

•2

•Amendment of

•certain

enactments.

•Revision of fines

•and penalties.

Savings.

•Power to remove

difficulties.

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.

SECTION Section 20

Untitled Section

•section 33H, shall be punishable with fine which shall

•not be less than thirty thousand rupees.”.

(I)In section 33J, for clause (c), the following clause

•shall be substituted, namely:––

•“(c)(i) under clause ( a) of sub -section ( 2) of

SECTION Section 200

Untitled Section

•Section 183 Connection with

•municipal water works

•or drains without

•written permission.

•1000/-

SECTION Section 201

Untitled Section

•Section 193,

•sub-section (1)

•Execution of work by

•a person other than a

•licensed plumber.

•500/-

SECTION Section 202

Untitled Section

•Section 193,

•sub-section (2)

•Failure to furnish

•when required, name of

•licensed plumber

employed.

•500/-

SECTION Section 203

Untitled Section

•Section 193,

•sub-section (8)

•Licensed plumbers

•not to contravene

•bye-laws or execute

•work carelessly or

•negligently, etc.

•500/-

SECTION Section 204

Untitled Section

•Section 194 Prohibition of wilful

•or neglectful acts

•relating to water or

•sewage works.

•500/-

SECTION Section 205

Untitled Section

•Section 218,

•sub-section

(1), clause

(a)and (b)

•Failure to comply

•with requisition to show

•cause for alteration of

•street or for a

•appearance before the

Chairperson.

•200/-

SECTION Section 206

Untitled Section

•Section 219,

•sub-section

(1)

•Failure to comply

•with requisition on

•owner of private street

•or owner of adjoining

•land or building to level,

etc., such street.

•100/-

SECTION Section 207

Untitled Section

•Section 221,

•sub-section

(1)

•Prohibition of

•projections upon streets,

etc.

•5000/-

SECTION Section 208

Untitled Section

•Section 221,

•sub-section

(2)

•Failure to comply

•with requisition to

•remove projections from

streets.

•5000/-

SECTION Section 209

Untitled Section

•Section 224,

•sub-section

(1)

•Erection, etc., of

•structures of fixtures

•which cause obstruction

•in streets.

•5000/-

SECTION Section 21

Untitled Section

•section 33-I is again convict ed of an offence under

•that sub -section, shall be punishable with

•imprisonment for a term which may extend to one

•year and with fine which shall not be less than twenty

•thousand rupees or three times the value of the drugs

•confiscated, whichever is higher;

•15

(1)(2) (3) (4) (5)

•(ii) under clause ( b) of sub -section ( 2) of

SECTION Section 210

Untitled Section

•Section 225 Deposit, etc., of

•things in streets.

•500/-

•113

(1)(2) (3) (4) (5)

(1)(2) (3)

SECTION Section 211

Untitled Section

•Section 227,

•sub-sections

(1)and (2)

•Tethering of animals

•and milking of cattle in

•public streets.

•1000/-

SECTION Section 212

Untitled Section

•Section 231,

•sub-section

(2)

•Name of street and

•number of house not to

•be destroyed or defaced,

etc.

•1000/-

SECTION Section 213

Untitled Section

•Section 232,

•sub-section

(1)

•Failure to comply

•with requisition to

•repair, protect or enclose

•a dangerous place.

•1000/-

SECTION Section 214

Untitled Section

•Section 251,

•sub-sections

(1)and (2)

•Non-compliance with

•provision as to

•completion certificates,

•occupation or use, etc.,

•without permission.

•1000/-

SECTION Section 215

Untitled Section

•Section 258,

•sub-sections

(1)and (2)

•Failure to comply

•with requisition to

•remove structures which

•are in ruins or l ikely to

fall.

•1000/-

SECTION Section 216

Untitled Section

•Section 259,

•sub-section

(1)

•Failure to comply

•with requisition to vacate

•buildings in dangerous

•conditions, etc.

•1000/-

SECTION Section 217

Untitled Section

•Section 264 Failure to provide for

•collection, removal and

•deposit of refuse and

•provision of receptacles.

•500/-

SECTION Section 218

Untitled Section

•Section 265,

•sub-section (1)

•Failure to collect and

•remove filth and

•polluted matter.

•500/-

SECTION Section 219

Untitled Section

•Section 266 Failure to comply

•with requisition for

•removal of rubbish, etc.,

•from premises used as

•market, etc.

•1000/-

SECTION Section 22

Untitled Section

•section 33-I is again convicted of an offence under

•that sub-section, shall be punishable with fine which

•shall not be less than fifty thousand rupees or six

•times the value of the drugs confiscated, whichever is

higher.”;

(J)In section 36AB, in sub -section ( 1), the word,

•figures and letter “section 28A,” shall be omitted.

(K)In section 36AC, in sub-section (1),––

(i)the word, figures and letter “section 28A,” the

•occurring at both the places, shall be omitted;

•(ii) for the words, brackets and figures

•“sub-sections (1) and (2) of section 30” occurring at

•both the places, the words, brackets and figures

•“sub-section (1) of section 30” shall be substituted.

SECTION Section 220

Untitled Section

•Section 267,

•sub-section (1)

•Keeping rubbish and

•filth for more than

•twenty-four hours, etc.

•100/-

SECTION Section 221

Untitled Section

•Section 267,

•sub-section (2)

•Allowing filth to flow

•in streets.

•200/-

SECTION Section 222

Untitled Section

•Section 273 Failure to provide

•latrines for premises

•used by large number of

•people and to keep them

•clean and in proper

order.

•500/-

•114

(1)(2) (3) (4) (5)

(1)(2) (3)

SECTION Section 223

Untitled Section

•Section 274 Failure to comply

•with requisition to

•provide latrines for

•market, cattle shed, cart

•stand, etc., and to keep

•them clean and in proper

order.

•500/-

SECTION Section 224

Untitled Section

•Section 277 Failure to comply

•with requisition to

•improve buildings unfit

•for human habitation

•5000/-

SECTION Section 225

Untitled Section

•Section 292 Disposal of infected

SECTION Section 226

Untitled Section

•articles without

disinfection.

•500/-

SECTION Section 227

Untitled Section

•Section 294 Sale of food or drink

•contravention restriction

•prohibition Chairperson.

•500/-

SECTION Section 228

Untitled Section

•Section 295 Removal or use of

•water from wells and

•tanks in contravention of

•prohibition of

Chairperson.

•500/-

SECTION Section 229

Untitled Section

•Section 297 Removal of

•infectious corpses in

•contravention of the

provisions.

•500/-

SECTION Section 23

Untitled Section

9.1948 8 The

•Pharmacy

•Act, 1948

(A)In section 26A, in sub-section (4), for the words,

•figures and brackets “section 21 of the Indian Penal

•Code (45 of 1860)”, the words, brackets and figures

•“clause (28) of section 2 of the of the Bharatiya Nyaya

•Sanhita, 2023 (45 of 2023)” shall be substituted.

(B)In section 43,––

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

•with fine which may extend to fifty rupees”, the

•words “be liable to penalty which may extend to five

•thousand rupees” shall be substituted;

•(ii) for sub-section (2), the following sub-sections

•shall be substituted, namely:—

•“(2) The penalty referred to in sub -section (1)

•shall be paid within ten days from the date on

•which the person’s name was removed from the

register.

(3)If any person fails to pay the penalty within

•the period prescribed in sub-section (2) and fails to

•surrender the certificate of registration; he shall be

•liable to a further penalty of one thousand rupees

•for every day during which the contravention

continues.”;

(C)In section 43A, in sub -section (1), for the word,

•figures and letter “section 26A”, the words, figures and

•letter “sections 26A and 43,” shall be substituted.

SECTION Section 230

Untitled Section

•Section 302,

•sub-section

(1)

•Failure to comply

•with requisition to close

•a burning or burial

ground.

•1000/-

SECTION Section 231

Untitled Section

•Section 302,

•sub-section

(2)

•Burning or burial of

•corpses in a burning or

•burial ground after it has

•been closed.

•1000/-

SECTION Section 232

Untitled Section

•Section 303 Removal of corpses

•by other than prescribed

routes.

•500/-

SECTION Section 233

Untitled Section

•Section 304,

SECTION Section 234

Untitled Section

•clause (b)

•Failure to convey the

•carcass of a dead animal

•to a place provided or

•appointed for disposal

•within twenty-four hours.

•100/-

SECTION Section 235

Untitled Section

•Section 308,

•sub-sections

(1), (2) and (3)

•Commission of

nuisances.

•500/-

SECTION Section 236

Untitled Section

•Section 309 Failure to comply

•with requisition for

•removal or abatement of

nuisance.

•1000/-

•115

(1)(2) (3) (4) (5)

(1)(2) (3)

SECTION Section 237

Untitled Section

•Section 310,

•sub-section

(4)

•Dogs not to be at

•large in a street without

•being secured by a chain

•lead

•1000/-

SECTION Section 238

Untitled Section

•Section 310,

•sub-section

(5)

•Ferocious dogs at

•large without being

•muzzled, etc.

•1000/-

SECTION Section 239

Untitled Section

•Section 314 Failure to comply

•with requisition to

•render buildings, wells,

etc., safe.

•1000/-

SECTION Section 24

Untitled Section

10.1948 9 The Dock

•Workers

•(Regulation

•of

•Employment)

•Act, 1948

(A)In section 3, for sub -section ( 3), the following

•sub-section shall be substituted, namely:—

•“(3) A scheme may further provide that

•contravention of any provision thereof shall be

•subject to a penalty, which shall not exceed,––

(a)five thousand rupees in respect of first

•contravention; and

•16

(1)(2) (3) (4) (5)

(b)ten thousand rupees in respect of second and

•subsequent contravention.”.

(B)After section 3, the following section shall be

•inserted, namely:—

•“3A. Authority for imposing penalty, appeal and

•procedure thereof —(1) The Deputy Chairman,

•Calcutta Dock Labour Board, shall be the

•adjudicating authority for the purpose holding an

•inquiry and imposing penalty for contravention of a

•scheme in accordance with sub -section ( 3) of

SECTION Section 240

Untitled Section

•Section 315 Failure to comply

•with requisition to

•enclose land used for

•improper purposes.

•500/-

SECTION Section 241

Untitled Section

•Section 317,

•sub-section

(1)

•Sale in municipal

•markets without

permission.

•200/-

SECTION Section 242

Untitled Section

•Section 318,

•sub-sections

(1)and (2)

•Use of places as

•private markets without

•a licence and use of

•places other than a

•municipal slaughter

•house as slaughter

houses.

•500/-

SECTION Section 243

Untitled Section

•Section 318,

•sub-section

(2), proviso

(a)

•Non-compliance with

•conditions imposed by

Chairperson.

•200/-

SECTION Section 244

Untitled Section

•Section 325 Carrying on

•butcher’s, fishmonger’s

•or pouluters trade

•without licence, etc.

•200/-

SECTION Section 245

Untitled Section

•Section 326 Establishment of

•factory, etc., without

permission.

•5000/-

SECTION Section 246

Untitled Section

•Section 327 Certain things not to

•be kept and certain

•trades and operations

•not to be carried on

•without a licence.

•1000/-

SECTION Section 247

Untitled Section

•Section 328,

•sub-section

(3)

•Keeping,

•abandonment or

•tethering of animals, etc.

•200/-

•116

(1)(2) (3) (4) (5)

(1)(2) (3)

SECTION Section 248

Untitled Section

•Section 329,

•sub-section

(5)

•Use of premises in

•contravention of

declaration.

•500/-

SECTION Section 249

Untitled Section

•Section 330 Hawking articles for

•sale without a licen ce,

etc.

•200/-

SECTION Section 25

Untitled Section

•section 3, in such manner as may be prescribed by

•rules:

•Provided that no such penalty shall be imposed

•without giving the person concerned a re asonable

•opportunity of being heard.

(2)Any person aggrieved by an order of the

•adjudicating officer under sub -section ( 1), may ,

•within thirty days from the date of receipt of such

•order, prefer an appeal to the Chairman, Calcutta

•Dock Labour Board, who s hall be the appellate

•authority, in such form and manner as may be

•prescribed as may be prescribed by rules.

(3)An appeal may be admitted after the expiry

•of the said period of thirty days if the appellant

•satisfies the appellate authority tha t he had

•sufficient cause for not preferring the appeal within

•that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub-section (4), as the case may be, is

•not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(C)Sections 7 and 7A shall be omitted.

(D)In section 8, in sub -section (2), after clause ( g),

•the following clauses shall be inserted, namely:—

•“(ga) the manner of holding an inquir y and

•imposing penalties under sub -section ( 1) of

SECTION Section 250

Untitled Section

•Section 331 Keeping a lodging

•house, eating house, tea

•shop, etc., without

•licence or contrary to

licence.

•1000/-

SECTION Section 251

Untitled Section

•Section 332 Keeping open theatre,

•circus or other place of

•public amusement

•without licence or

•contrary to terms of

licence.

•1000/-

SECTION Section 252

Untitled Section

•Section 339,

•sub-section

(5)

•Failure to produce

•licence or written

permission.

•100/-

SECTION Section 253

Untitled Section

•Section 346 Obstruction in

•execution of work.

•500/-

SECTION Section 254

Untitled Section

•Section 353,

•sub-section

(4)

•Failure to comply

•with requisition to state

•the name and address of

•owner of premises.

•200/-

SECTION Section 255

Untitled Section

•Section 404 Obstruction of

•Chairperson or a

•member, etc.

•500/-

SECTION Section 256

Untitled Section

•Section 405 Removal of any mark

•set up for indicating

•level, etc.

•200/-

SECTION Section 257

Untitled Section

•Section 406 Removal, etc., of

•notice exhibited by or

•under orders of the

•Council, Chairperson,

etc.

•100/-

SECTION Section 258

Untitled Section

•Section 407 Unlawful removal of

•earth, sand or other

•material or deposit of

•any matter or making of

•any encroachment from

•any land vested in the

Council.

•500/-

•117

(1)(2) (3) (4) (5)

•THE ELEVENTH SCHEDULE

•(See section 370)

•Table

•Section,

•sub-section,

SECTION Section 259

Untitled Section

•clause or

•proviso

•Subject

(1)(2)

•148 Use for non -domestic purposes of

•water supplied for domestic purposes

•227 sub-

•sections (1)

•and (2)

•Tethering of animals and milking

•of cattle in public streets

•264 Failure to provide for collection,

•removal and deposit of refuse and

•provision of receptacles

•265 sub-

•section (1)

•Failure to collect and remove filth

•and polluted matter

•267 sub-

•section (1)

•Keeping rubbish and filth for more

•than twenty-four hours, etc.

•267 sub-

•section (2)

•Allowing filth to flow in streets

•310 sub-

•section (4)

•Dogs not to be at large in a street

•without being secured by a chain lead

•310 sub-

•section (5)

•Ferocious dogs at large without

•being muzzled, etc.

•317 sub-

•section (1)

•Sale in municipal markets without

•permission

•328 sub-

•section (3)

•Keeping, abandonment or tethering

•of animals, etc.

•330 Hawking articles for sale without a

•licence, etc.

•339 sub-

•section (5)

•Failure to produce licence or

•written permission”.

SECTION Section 26

Untitled Section

•section 3A;

•(gb) the form and manner of preferring appeal to

•the appellate authority against the order of

•adjudicating officer under sub -section ( 2) of

SECTION Section 260

Untitled Section

54.1997 17 The Lalit

•Kala

•Akadami

•(Taking Over

•of

•Management)

•Act, 1997

•Sections 8 and 9 shall be omitted.

•118

(1)(2) (3) (4) (5)

SECTION Section 261

Untitled Section

55.2002 60 The Metro

•Railways

•(Operation

•and

•Maintenance)

•Act, 2002

(A)In section 2, in sub-section (1),––

(i)after clause ( b), the following clause shall be

•inserted—

•“(ba) “demonstration” means a public display

•of group opinion or feelings involving protest,

•rallies, marches, gathering or procession, sit -ins,

•picketing, etc., which may cause disruption in

•metro operation and inconvenience to public ;”;

•(ii) after clause ( s), the following clause shall be

•inserted—

•‘(t) “ticket” means any authority to travel

•which includes ticket, token, smart card, multi -

•modal transport card or any other travel

•instrument authorised by metro rail

•administration in this behalf. ’.

(B)In section 10, for the words, figures and brackets

•“section 21 of the Indian Penal Code (45 of 1860)”, the

•words, brackets and figures “clause ( 28) of section 2 of

•the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall

•be substituted.

(C)In CHAPTER XI, for the Chapter heading

•“OFFENCE AND PENALTIES ”, the heading

•“OFFENCES AND CONTRAVENTIONS ” shall be

substituted.

(D)In section 59, in sub -section ( 1), for the words

•“punishable with fine which may extend to five

•hundred rupees”, the words “liable to penalty which

•may extend to two thousand and five hundred rupees ”

•shall be substituted.

(E)In section 60, in sub -section ( 1), for the words

•“punishable with fine which may extend to five

•hundred rupees”, the words “liable to penalty which

•may extend to two thousand-five hundred rupees” shall

•be substituted.

(F)In section 62, in sub -section ( 3), for the words

•“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”, the words “liable

•to penalty which may extend to ten thousand rupees”

•shall be substituted.

(G)In section 64,––

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

•with imprison ment for a term which may extend to

•three months, or with fine which may extend to two

•hundred and fifty rupees, or with both”, the words

•“liable to penalty which may extend to five thousand

•rupees” shall be substituted;

•119

(1)(2) (3) (4) (5)

•(ii) in sub-section (2), for the words “fine which

•may extend to five hundred rupees, or with both”, the

•words “fine which may extend to twenty thousand

•rupees” shall be substituted.

(H)In section 71, for the words “punishable with

•imprisonment for a term whi ch may extend to six

•months”, the words “liable to penalty which may extend

•to twenty thousand rupees” shall be substituted.

(I)In section 72, for the words “punishable with

•imprisonment which may extend to two months or with

•fine up to two hundred and fi fty rupees, or with both”,

•the words “liable to penalty which may extend to twenty

•thousand rupees” shall be substituted.

(J)In section 73, for the words “punishable with fine

•which may extend to five hundred rupees, and in default

•of payment of fine, he shall be punishable with

•imprisonment which may extend to six months.

•Provided that, in the absence of special and adequate

•reasons to the contrary to be mentioned in the judgment

•of the court, such fine shall not be less than one hundred

•rupees”, the words “liable to penalty which may extend

•to five thousand rupees” shall be substituted.

(K)In section 75, for the words, “punishable for a

•term which may extend to three months, or fine which

•may extend to five hundred rupees, or with both”, the

•words “liable to penalty which may extend to twenty -

•five thousand rupees” shall be substituted.

(L)In section 76, the words “with imprisonment for

•life or” shall be omitted.

(M)After section 79, the following sections shall be

•inserted, namely—

•“79A. Adjudication of penalties.— (1) For the

•purpose of adjudicating penalties under sections 59,

•60, 62, 63, sub-section (1) of section 64, sections 70,

•71, 72, 73 and 75, the Metro Railway Administration

•may appoint an officer managing the functioning of

•metro station as an adjudicating officer for holding an

•inquiry and imposing penalties in such manner as

•may be specified:

•Provided that the Metro Railway Administration

•may appoint as many adjudicating officers as may be

required.

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the receipt of such order, prefer an

•appeal to such officer at least one rank higher than the

•adjudicating officer as may be appointed by the Metro

•Railway Administration as an appellate authority, in

•such form and manner as may be specified.

•120

(1)(2) (3) (4) (5)

(3)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.

(4)Where an appeal is preferred against any order

•of the adjudicating officer under sub -section ( 1), it

•shall not be entertained by the appellate authority

•unless the person has deposited the amount of the

•penalty imposed by the adjudicating officer.

(5)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may think fit.

(6)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

79B.Consequence of failure to pay penalty.— (1)

•Where any person fa ils to pay the penalty imposed

•under section 79A within such period as may be

•prescribed, such failure shall constitute an offence

•and such person shall be punishable in accordance

•with the provisions of this section.

(2)Where the failure to pay penalty relates to a

•contravention under sub-section (1) of section 59 or

•sub-section ( 1) of section 60, the person shall, on

•conviction, be punishable with fine which may extend

•to five thousand rupees.

(3)Where the failure to pay penalty relates to a

•contravention under sub-section (3) of section 62, the

•person shall, on conviction, be punishable with fine

•which may extend to twenty thousand rupees or with

•imprisonment for a term which may extend to six

•months, or with both.

(4)Where the failure to pay penalty relates to a

•contravention under section 63, the person shall, on

•conviction, be punishable with fine which may extend

•to ten thousand rupees.

(5)Where the failure to pay penalty relates to a

•contravention under sub-section (1) of section 64, the

•person shall, on conviction, be punishable with fine

•which may extend to ten thousand rupees or with

•imprisonment for a term which may extend to three

•months, or with both.

(6)Where the failure to pay penalty relates to a

•contravention under section 70, the person shall, on

•conviction, be punishable with fine which may extend

•to fifteen thousand rupees.

(7)Where the failure to pay penalty relates to a

•contravention under section 71 or section 72, the

•person shall, on conviction, be punishable with fine

•which may extend to thirty thousand rupees.

(8)Where the failure to pay penalty relates to a

•contravention of section 73, the person shall, on

•conviction, be punishable with fine which may extend

•to ten thousand rupees:

•121

(1)(2) (3) (4) (5)

•Provided that in the absence of special and

•adequate reasons to the contrary to be mentioned in

•the judgment of the court, such fine shall not be less

•than one thousand rupees.

(9)Where the failure to pay penalty relates to a

•contravention of section 75, the person shall, on

•conviction, be punishable with fine which may extend

•to fifty thousand rupees.”.

(N)In section 82, in sub-section (1), for the words and

•figures “offence mentioned in sections 59, 61, sections

•65 to 68, 71 to 79”, the words and figures “offences

•mentioned in sections 59, 61, 65, 66, 67, 68, 74, 76, 77,

•78, and 79” shall be substituted.

(O)After section 85, the following section shall be

•inserted, namely:—

•“85A. Compounding of certain offences. ––(1)

•Any offence punishable with imprisonment for a term

•less than four years under this Act may, either before

•or after the institution of proceedings, be

•compounded by the metro railway administration, for

•such amount as the Central Government, may by

•notification, specify in this behalf.

(2)Where an offence has been compounded under

•sub-section ( 1), the offender if in custody shall be

•discharged and no further proceeding shall be taken

•against him in respect of such offence.

(3)No offence shall be compoundable if the

•offender, by reason of a previous conviction, is liable

•to an enhanced punishment or punishment of a

•different kind for such offence.”.

(P)In section 90, for the words, figures and brackets

•“section 21 of the Indian Penal Code

•(45 of 1860)”, the words, brackets and figures “clause

(28)of section 2 of the Bharatiya Nyaya Sanhita, 2023

•(45 of 2023)” shall be substituted.

SECTION Section 262

Untitled Section

56.2003 13 The Control

•of National

•Highways

•(Land and

•Traffic) Act,

•2002

(A)In section 27,––

(i)in sub-section (1), for the word “fine”, the word

•“penalty” shall be substituted;

•(ii) in sub-section (2), for the word “fine” occurring

•at both places, the word “penalty” shall be substituted.

(B)In section 37, in sub-section (4), for the word “fine

•imposed by the Highway Administration which shall not

•be less than five hundred rupees”, the word s “penalty

•imposed by the Highway Administration which shall not

•be less than two thousand rupees” shall be substituted.

(C)In section 38, in sub-section (4), for the word “fine”

•wherever it occurs, the word “penalty” shall be

substituted.

(D)In section 39,––

•122

(1)(2) (3) (4) (5)

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

•punishable with imprisonment for a term which may

•extend to one year, or with fine which shall not be less

•than one thousand rupees per square metre of so

•occupied highway land but which shall not exceed

•two times the cost of suc h highway land, or with

•both”, the words “shall be liable to penalty imposed

•by the Highway Administration which shall not be

•less than five thousand rupees per square metre of the

•land unauthorisedly occupied by him but which may

•extend to the cost of such land” shall be substituted;

•(ii) in sub -section (2), for the words “Any court,

•convicting a person ”, the words “The Highway

•Administration, imposing liability on a person” shall

•be substituted;

•(iii) sub-section (3) shall be omitted.

SECTION Section 263

Untitled Section

57.2003 17 The Offshore

•Areas Mineral

•(Development

•and

•Regulation)

•Act, 2002

(A)In section 23,—

(i)in sub-section (1), clause (b) shall be omitted;

•(ii) in sub-section (1), in the Explanation, for the

•words, brackets and letters “clauses ( a) and (b)”, the

•word, brackets and letter “clause ( a)” shall be

•substituted;

•(iii) for sub -sections ( 3) and ( 4), the following

•sub-sections shall be substituted, namely:—

•“(3) Whoever contravenes the provisions of the

•rules made under clause (pa) of sub-section (2) of

SECTION Section 264

Untitled Section

•section 35 shall be punishable with imprisonment

•for a term which may extend to two years or wi th

•fine which shall not be less than fifty lakh rupees,

•which may extend to one crore rupees, or with

•both, and in the case of a continuing contravention,

•with additional fine which may extend to five lakh

•rupees for every day during which such

•contravention continues after conviction for the

•first such contravention.

(4)Where any person fails to pay the penalty or

•the additional penalty, as the case may be, imposed

•under the provisions of section 28 within ninety

•days of such imposition, he shall be punis hable

•with imprisonment for a term which may extend to

•two years, or with fine which may extend to twice

•the amount of the penalty or additional penalty so

•imposed or with both.”.

(B)For Chapter V, the following Chapter shall be

•substituted, namely:—

•“CHAPTER V

•PENALTY AND ADJUDICATION

SECTION Section 265

Untitled Section

28.Penalty and adjudication.––(1) Whoever,—

(a)contravenes any provision of this Act, other

•than those covered under sub-sections (1), (2) and (3)

•of section 23;

•123

(1)(2) (3) (4) (5)

(b)contravenes the provisions of the rules made

•under this Act [except rules made under

SECTION Section 266

Untitled Section

•clause (pa) of sub-section (2) of section 35];

(c)contravenes the terms and conditions of the

•operating right granted to him; or;

(d)fails to furnish the required data, or

•information, or document under sub-section (2) of

SECTION Section 267

Untitled Section

•section 5 in the manner provided therein,

•shall be liable to penalty which shall not be less than ten

•lakh rupees but which may extend to one crore rupees.

(2)Where any person continues contravention

•under sub -section ( 1), even after direction of

•adjudicating officer appointed under sub -section (3)

•regarding such contravention, he shall be liable to

•additional penalty of one lakh rupees for every day

•during which such contravention continues.

(3)For the purpose of adjudication of penalties under

•sub-section (1), the Central Government shall appoint an

•officer not below the rank of Deputy Secretary to the

•Government of India to be the adjudicating officer, for

•holding an inquiry and imposing the penalty in the

•manner as may be prescribed:

•Provided that the Central Government may appoint

•as many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.”.

(C)In section 34,—

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

•Government”, the words “an officer not below the

•rank of Joint Secretary to the Government of India,

•appointed by the Central Government as an appellate

•authority” shall be substituted;

•(ii) in sub -sections ( 2) and ( 3), for the words

•“Central Government” occurring at both the places,

•the words “appellate authority” shall be substituted.

(D)In section 35, in sub-section (2),––

(i)for clause ( m), the following clause shall be

•substituted, namely:—

•“(m) the manner of holding an inquiry and

•imposing penalty under sub-section (3) of section 28;”;

•(ii) clauses (n) and (o) shall be omitted.

SECTION Section 268

Untitled Section

58.2003 36 The

•Electricity

•Act, 2003

(A)For section 139, the following section shall be

•substituted, namely:—

•“139. Negligently breaking or damaging works.—(1)

•Whoever, negligently breaks, injures, throws down or

•damages any material connected with the supply of

•electricity, shall be liable to penalty not less than five

•thousand rupees but which may extend to one lakh

•rupees, to be imposed by an officer duly authorised by

•the Appropriate Government.

•124

(1)(2) (3) (4) (5)

(2)Where a person imposed penalty under

•sub-section ( 1) is again found guilty under that

•sub-section, such person shall, for the second or

•subsequent offence, be punished with fine not less

•than five thousand rupees but which may extend to

•one lakh rupees.”.

(B)In section 140, for the words “which may extend

•to ten thousand rupees”, the words “which shall not be

•less than five thousand rupees but may extend to one

•lakh rupees” shall be substituted.

(C)Section 141 shall be omitted.

(D)In section 142,––

(i)for the marginal heading, the following

•marginal heading shall be substituted, namely:—

•“Penalty by Appropriate Commission for non -

•compliance of order or direction.”;

•(ii) for the words “or any direction issued by the

•Commission”, the words “or any order or direction

•issued under the Act” shall be substituted;

•(iii) for the words “which shall not exceed one lakh

•rupees”, the words “shall not be less than ten thousand

•rupees but may extend to five lakh rupees” shall be

•substituted;

•(iv) for the words “may extend to six thousand

•rupees”, the words “shall not be less than one

•thousand rupees but may extend to ten thousand

•rupees” shall be substituted.

(E)In section 146,––

(i)for the words “imprisonment for a term which may

•extend to three months or with fine which may extend to

•one lakh rupees, or with both”, the words “fine which

•shall not be less than ten thousand rupees but which may

•extend to ten lakh rupees” shall be substituted;

•(ii) for the words “which may extend to five

•thousand rupees”, the words “which shall not be less

•than one thousand rupees but which may extend to

•fifty thousand rupees” shall be substituted.

(F)In section 152,––

(a)for sub -section (1), the following sub -section

•shall be substituted, namely:––

•“(1) Notwithstanding anything contained in the

•Bharatiya Nagarik Suraksha Sanhita, 2023

•(46 of 2023), the Appropriate Government or any

•officer authorised by it in this behalf sh all accept

•from any consumer or person who committed or

•who is reasonably suspected of having committed

•an offence under sections 135, 138 and 140 of this

•Act, a sum of money by way of compounding of

•the offence as specified in the Table below:

•125

(1)(2) (3) (4) (5)

•Table

Sl.

•No

•Section Rate at which the sum of

•money for compounding

•to be collected

(1)(2) (3)

SECTION Section 269

Untitled Section

1.135. Theft of

•Electricity

•Per Kilowatt

•(KW)/Horse Power (HP)

•or part thereof for Low

•Tension (LT) supply and

•per Kilo Volt Ampere

•(KVA) of contracted

•demand for High Tension

•(HT)

(i)Industrial

•Service

•Twenty thousand

•rupees

•(ii)

•Commercial

•Service

•Ten thousand rupees

•(iii)

•Agricultural

•Service

•Two thousand rupees

•(iv) Other

•Services

•Four thousand rupees

SECTION Section 27

Untitled Section

•section 3A.”;

•17

(1)(2) (3) (4) (5)

SECTION Section 270

Untitled Section

2.138.

•Interference

•with meters or

•works of

•licensee

•Ten thousand rupees

SECTION Section 271

Untitled Section

3.140. Penalty

•for

•intentionally

•injuring works.

•Ten thousand rupees

•Provided that the Appropriate Government may,

•by notification in the Official Gazette, amend the

•rates specified in the Table above.”;

(b)in sub -section ( 3) for the words and figures

•“section 300 of the Code of Criminal Procedure, 1973

•(2 of 1974)”, the words and figures “section 278 of

•the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of

•2023)” shall be substituted.

SECTION Section 272

Untitled Section

59.2005 29 The Private

•Security

•Agencies

•(Regulation)

•Act, 2005

(A)Section 12 shall be omitted.

(B)In section 20, sub-section (2) shall be omitted.

•126

(1)(2) (3) (4) (5)

SECTION Section 273

Untitled Section

60.2005 53 The Disaster

•Management

•Act, 2005

(A)In section 51, for the words “imprisonment for a

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

•both, and if such obstruction or refusal to comply with

•directions results in loss of lives or imminent danger

•thereof, shall on conviction be punish able with

•imprisonment for a term which may extend to two

•years”, the words “imprisonment for a term which may

•extend to six months or with fine, or with both, and if

•such obstruction or refusal to comply with directions

•results in loss of lives or imminent danger thereof, shall

•on conviction be punishable with imprisonment

•for a term which may extend to one year” shall be

substituted.

(B)In section 52, for the words “two years”, the

•words “six months” shall be substituted.

(C)In section 53, for the words “two years”, the

•words “one year” shall be substituted.

SECTION Section 274

Untitled Section

61.2006 19 The

•Petroleum and

•Natural Gas

•Regulatory

•Board

•Act, 2006

SECTION Section 275

Untitled Section

•Section 44 shall be omitted.

SECTION Section 276

Untitled Section

62.2006 34 The Food

•Safety and

•Standards

•Act, 2006

(A)In section 38, in sub-section (5), for the words and

•figures “Code of Criminal Procedure, 1973 (2 of 1974)”,

•the words and figures “Bharatiya Nagarik Suraksha

•Sanhita, 2023 (46 of 2023)” shall be substituted.

(B)In section 39, in the proviso, for the words “guilty

•of an offence under this Act and shall be punishable with

•fine”, the words “liable to penalty” shall be substituted.

(C)In section 41, in sub-section (2), for the words and

•figures “Code of Criminal Procedure, 1973 (2 of 1974)”,

•the words and figures “Bharatiya Nagarik Suraksha

•Sanhita, 2023 (46 of 2023)” shall be substituted.

(D)In section 60, for the words “six months”, the

•words “three months” shall be substituted.

(E)In section 62, for the words “resists, obstructs, or

•attempts to obstruct, impersonate, threaten, intimidate or

•assault”, the words “impersonates, threatens, intimidates

•or assaults” shall be substituted.

(F)In section 68, in sub-section (3),––

(i)in sub -clause ( a), for the words and figures

•“sections 193 and 228 of the Indian Penal Code (45

•of 1860)”, the words and figures “sections 229 and

•267 of the Bharatiya Nyaya Sanhita, 2023 (45 of

•2023)” shall be substituted;

•127

(1)(2) (3) (4) (5)

•(ii) in sub -clause ( b) for the words and figures

•“sections 345 and 346 of the Code of Criminal

•Procedure, 1973 (2 of 1974)”, the words and figures

•“sections 384 and 385 of the Bharatiya Nagarik

•Suraksha Sanhita, 2023 (46 of 2023)” shall be

substituted.

(G)In section 71, in sub-section (3), for the words and

•figures “sections 193 and 228, and for the purposes of

SECTION Section 277

Untitled Section

•section 196 of the Indian Penal Code (45 of 1860), it shall

•be deemed to be a civil court for all the purposes of section

•195 and Chapter XXVI of the Code of Criminal Procedure,

•1973 (2 of 1974)”, the words and figures “sections 229 and

•267, and for the purposes of section 233 of the Bharatiya

•Nyaya Sanhita, 2023 (45 of 2023), it shall be deemed to be

•a civil court for all the purposes of section 215 and Chapter

•XXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023

•(46 of 2023)” shall be substituted.

(H)In section 73,––

(i)for the words and figures “Code of Criminal

•Procedure, 1973 (2 of 1974)”, the words and figures

•“Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of

•2023)” shall be substituted;

•(ii) for the words, figures and brackets “provisions

•of sections 262 to 265 (both inclusive)” the words,

•figures and brackets “provisions of sections 285 to

•288 (both inclusive)” shall be substituted.

(I)In section 74, in sub-section (1), for the words and

•figures “Code of Criminal Procedure, 1973 (2 of 1974)”,

•the words and figures “Bharatiya Nagarik Suraksha

•Sanhita, 2023 (46 of 2023)” shall be substituted.

(J)In section 75, for the words and figures “Code of

•Criminal Procedure, 1973 (2 of 19 74)”, the words and

•figures “Bharatiya Nagarik Suraksha Sanhita, 2023 (46

•of 2023)” shall be substituted.

(K)In section 78, for the words and figures

•“notwithstanding anything contained in sub -section (3)

•of section 319 of the Code of Criminal Procedure, 1973

•(2 of 1974)”, the words, figures and brackets

•“notwithstanding anything contained in sub -section (3)

•of section 385 of the Bharatiya Nagarik Suraksha

•Sanhita, 2023 (46 of 2023)” shall be substituted.

(L)In section 79, for the words and figures “section

•29 of the Code of Criminal Procedure, 1973

•(2 of 1974)”, the words and figures “section 23 of the

•Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)”

•shall be substituted.

(M)In section 87, for the words and figures “section

•21 of the Indian Penal Code (45 of 1860)”, the words,

•brackets and figures “clause ( 28) of section 2 of the

•Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be

substituted.

•128

(1)(2) (3) (4) (5)

SECTION Section 278

Untitled Section

63.2006 41 The

•Cantonments

•Act, 2006

(A)In section 49,––

(i)in sub-section (1), in clause ( b), the words “or

•toll whereby the said tax or toll respectively” shall be

•omitted;

•(ii) sub-section (3) shall be omitted.

(B)In section 81, in sub -section (6), for the words

•“punishable with fine”, the words “liable to penalty”

•shall be substituted.

(C)In section 82, in sub -section (2), for the words

•“punishable with fine which may extend to five thousand

•rupees”, the words “liable to penalty which may extend

•to five thousand rupees” shall be substituted.

(D)In section 88, in sub-section (2),—

(i)for the words “punishable with fine”, the words

•“liable to penalty” shall be substituted;

•(ii) the word “sum” shall be omitted.

(E)In Chapter V, sub -heading “Octroi, terminal tax

•and toll” shall be omitted.

(F)Sections 90, 91 and 92 shall be omitted.

(G)In section 116, in sub -section (2), for the words

•“punishable with fine”, the words “liable to penalty”

•shall be substituted.

(H)In section 143, in sub -section (2), for the words

•“punishable with fine which may extend to two thousand

•five hundred rupees, and, in the case of a continuing

•offence, to an additional fine which may extend to two

•hundred fifty rupees for every day after the first during

•which the failure has continued”, the words “liable to

•penalty which may extend to two thousand and five

•hundred rupees and, in the case of continuing default, to

•an additional penalty which may extend to two hundred

•and fifty rupees for each day after the first during which

•the default continues” shall be substituted.

(I)In section 145, in sub -section (2), for the words

•“punishable with fine which may extend to five thousand

•rupees, and, in the case of a continuing offence, with an

•additional fine which may extend to two hundred fifty

•rupees for each day after the first during which the

•offence continues”, the words “liable to penalty which

•may extend to five thousand rupees and, in the case of

•continuing default, to an additional penalty which may

•extend to two hundred and fifty rupees for each day after

•the first during which the default continues” shall be

substituted.

(J)In section 155, in sub-section (4),—

(i)in sub -clause ( b), for the words “shall be

•punishable with fine which may extend to one

•thousand rupees”, the words “shall be liable to

•penalty which may extend to two thousand rupees”

•shall be substituted;

•129

(1)(2) (3) (4) (5)

•(ii) in the proviso, for the words “no person shall

•be punishable”, the words “no person shall be liable”

•shall be substituted.

(K)In section 166, for the words and figures “which

•he is required to make by section 164 or section 165 shall

•be punishable with fine which may extend to one

•thousand rupees.”, the words and figures “required

•under section 164 or section 165 shall be liable to

•penalty which may extend to one thousand rupees” shall

•be substituted.

(L)In section 174, in the long lin e, for the words

•“punishable with fine”, the words “liable to penalty”

•shall be substituted.

(M)In section 197, in clause ( b), for the words

•“punishable with fine”, the words “liable to penalty”

•shall be substituted.

(N)In section 244, for sub-section (2), the following

•sub-section shall be substituted, namely:—

•“(2) Any person who contravenes the provisions of

•sub-section (1) shall be liable to penalty which may

•extend to one lakh rupees for the first contravention, and

•for any second and subsequent offence, he shall on

•conviction be punishable with fine which may extend to

•two lakh rupees and in the case of continuing

•contravention with an additional fine of twenty thousand

•rupees for every day during which the contravention

•continues, after the date it comes to the notice.”.

(O)In section 247, in the long line, for the words

•“punishable with fine which may extend to fifty

•thousand rupees and the cost of sealing the illegal

•construction and its demolition.”, the words “liable to

•penalty which may extend to fifty thousand rupees for

•the first contravention, and for any second and

•subsequent offence, he shall on conviction be punishable

•with fine which may extend to one lakh rupees and the

•cost of sealing the illegal constructions and its

•demolition” shall be substituted.

(P)In section 259, in sub -section (2), for the words

•“punishable with fine”, the words “liable to penalty”

•shall be substituted.

(Q)For section 263, the following section shall be

•substituted, namely:—

•“263. Digging of p ublic land.—Any person who,

•without the written permission of the Chief Executive

•Officer, digs up the surface of any open space in the

•cantonment that is not private property, shall be

•liable to penalty which may extend to two

•thousand and five hundred rupees and, in the case of

•a continuing default, to an additional penalty which

•may extend to five hundred rupees for every

•day, after the first, during which the default

continues.”.

•130

(1)(2) (3) (4) (5)

(R)In section 269, for sub-section (3), the following

•sub-section shall be substituted, namely:—

•“(3) Any person who omits to comply with any

•condition imposed by the Chief Executive Officer

•under clause ( a) of sub -section (2) shall be liable to

•penalty which m ay extend to five thousand rupees

•and, in the case of a continuing default, to an

•additional penalty which may extend to one thousand

•rupees for every day, after the first, during which the

•default continues.”.

(S)In section 271, in sub -section (1), for t he words

•“by or under this Act, without obtaining licence therefor,

•or while the licence therefor is suspended, or after the

•same has been cancelled, shall be punishable with fine

•which may extend to five thousand rupees and, in the

•case of a continuing of fence, with an additional fine

•which may extend to five hundred rupees for every day

•after the first during which the offence is continued”, the

•words “under this Act, without obtaining such licence,

•or while the licence is suspended, or after it has been

•cancelled, shall be liable to penalty which may extend to

•five thousand rupees and, in the case of a continuing

•default, to an additional penalty which may extend to

•five hundred rupees for every day after the first during

•which the default continues” shall be substituted.

(T)For section 272, the following section shall be

•substituted, namely:—

•“272. Penalty for using unlicensed market or

•slaughter-house.—Any person who, knowing that

•any market or slaughter-house has been opened to the

•public without a licence when such licence is required

•under this Act, or that the licence granted therefor is

•suspended or has been cancelled, sells or exposes for

•sale any article in such market, or slaughters any

•animal in such slaughter -house, shall be liable to

•penalty which may extend to five thousand rupees

•and, in the case of a continuing default, to an

•additional penalty which may extend to five hundred

•rupees for every day after the first during which the

•default continues.”.

(U)In section 276, in sub -section (3), for the words

•“punishable with fine”, the words “liable to penalty”

•shall be substituted.

(V)For sections 281 and 282, the following sections

•shall be substituted, namely:—

•“281. Carrying on trade, etc., without licence or in

•contravention of section 280. —Any person who

•carries on any trade, calling, or occupation for which

•a licence is required, without obtaining such licence,

•or while the licence is suspended, or after it has been

•cancelled; and any person who, after receiving a

•notice under section 280, uses or allows to be used

•131

(1)(2) (3) (4) (5)

•any building or place in contravention thereof, shall

•be liable to penalty which may extend to five

•thousand rupees and, in the case of a continuing

•default, to an additional penalty which may extend to

•five hundred rupees for every day after the first during

•which the default continues.

SECTION Section 279

Untitled Section

282.Feeding animals on dirt, etc. —Any person

•who feeds, or allows to be fed, on filthy or deleterious

•substances any animal kept for the purpose of

•supplying milk to, or intended to be used as food for,

•the inhabitants of a cantonment, or who allows such

•an animal to graze in any place where grazing has

•been prohibited for sanitary reasons by public notice

•issued by the Board, shall be liable to penalty which

•may extend to one thousand rupees.”.

(W)In section 283, in sub -section (4), for the words

•“punishable with fine”, the words “liable to penalty”

•shall be substituted.

(X)In section 284, in sub -section (3), for the words

•“punishable with fine”, the words “liable to penalty”

•shall be substituted.

(Y)In section 289,—

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

•“punishable with fine”, the words “liable to penalty”

•shall be substituted;

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

•with fine which may extend to two hundred-fifty

•rupees”, the words “liable to penalty which may

•extend to five hundred rupees” shall be substituted;

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

•with fine”, the words “liable to penalty” shall be

substituted.

(Z)In section 290,—

(i)in sub-section (5), in the long line, for the words

•“punishable with fine”, the words “liable to penalty”

•shall be substituted;

•(ii) in su b-section ( 6), in the long line, for the

•words “punishable with fine”, the words “liable to

•penalty” shall be substituted.

•(ZA) In section 291, in clause ( b), for the words

•“punishable with fine”, the words “liable to penalty”

•shall be substituted.

•(ZB) In section 295, in sub-section (2), for the words

•“punishable with fine which may extend to five thousand

•rupees, and, in the case of a continuing offence, with an

•additional fine which may extend to two thousand rupees

•for each day after the first durin g which the offence

•continues”, the words “liable to penalty which may extend

•to five thousand rupees and, in the case of a continuing

•132

(1)(2) (3) (4) (5)

•default, to an additional penalty which may extend to

•two thousand rupees for every day after the first during

•which the default continues” shall be substituted.

•(ZC) For section 296, the following section shall be

•substituted, namely:—

•“296. Discharging fire-works, fire-arms, etc.—(1)

•Whoever in a cantonment discharges any fire -arm,

•detonates or blasts in such manner as to cause or to be

•likely to cause danger to any person passing by or

•dwelling or working in the neighbourhood, or risk of

•injury to property, shall be punishable with fine which

•may extend to ten thousand rupees.

(2)Whoever engages in any game or carries on

•work such as quarrying, timber cutting or building

•operations, or lets off fire -balloons or fire -works, in

•such manner as to cause or to be likely to cause

•danger to any person passing by or dwelling or

•working in t he neighbourhood, or risk of injury to

•property, shall be liable to penalty which may extend

•to two thousand and five hundred rupees.”.

•(ZD) For section 313, the following section shall be

•substituted, namely:—

•“313. Penalty for obstruction. — Whoever

•obstructs any person acting on behalf of the Board,

•who is not a public servant within the meaning of

SECTION Section 28

Untitled Section

11.1948 14 The

•Damodar

•Valley

•Corporation

•Act, 1948

(A)Sections 18 and 19 shall be omitted.

(B)For section 53, the following section shall be

•substituted, namely:––

•“53. Punishment .—(1) Whoever contravenes the

•provisions of section 17 of this Act or any rule made

•thereunder shall be punishable with a fine which may

•extend up to ten lakh rupees in respect of each offence

•and in the case of a continuing failure, with an

•additional fine which shall not be less than one

•thousand rupees but may extend to fifty thousand

•rupees for every day during which the failure

•continues after conviction of the first such offence.

(2)Notwithstanding anything contained in the

•Bharatiya Nagarik Suraksha Sanhita, 2023

•(46 of 2023), any competent court may accept a sum

•of ten lakh rupees for compounding of the offence

•from any person who committed or who is reasonably

•suspected of having committed an offence under

•sub-section (1).

(3)On payment of the sum of money in accordance

•with sub -section ( 2), no proceedings shall be

•instituted or continued against such a person in any

•criminal court.

(4)The acceptance of the sum of money by a

•competent court for compounding an offence in

•accordance with sub-section (2) shall be deemed to be

•an amount of an acquittal within the meaning of

SECTION Section 280

Untitled Section

•clause ( 28) of section 2 of the Bharatiya Nyaya

•Sanhita, 2023 (45 of 2023) or any person with

•whom the Board has lawfully contracted, in the

•execution of his duty or of anything which he is

•empowered or required to do by virtue or in

•consequence of any of the provisions of this Act or

•any rule, bye -law or order made thereunder, or in

•fulfilment of his contract, as the case may be, shall

•be liable to penalty whi ch may extend to five

•thousand rupees; ”.

•(ZE) For section 333, the following section s shall be

•substituted, namely:—

•“333. General penalty.—Whoever, in any case in

•which a penalty is not expressly provided by this Act,

•fails to comply with any notice, order or requisition

•issued under any provision thereof, or otherwise

•contravenes any of the provisions of this Act, shall be

•liable penalty whi ch may extend to five thousand

•rupees, and, in the case of a continuing failure or

•contravention, to an additional penalty which may

•extend to five hundred rupees for every day after the

•first during which the failure or contravention

continues.

•133

(1)(2) (3) (4) (5)

333A.Adjudication of penalties.—(1) Any penalty

•under sections 81, 82, 88, 116, 143, 145, 155, 166,

•174, 197, 244, 247, 259, 263, 269, 271, 272, 276, 281,

•282, 283, 284, 289, 290, 291, 295, 313, 333 and

•sub-section ( 2) of section 296 of this Act or any

•bye-laws made thereunder, shall be imposed by an

•order issued by the Chief Executive Officer:

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasonable

•opportunity of being heard.

(2)Notwithstanding anything contained in any

•other law for the time being in force, for the purposes

•of this Act, and for any bye -laws made or amended

•under this Act as amended by the Jan Vishwas

•(Amendment of Provisions) Act, 202 6, the word

•penalty, unless the context otherwise requires, shall

•mean a cost of civil nature imposed by

•Chief Executive Officer, for commission or non -

•commission of an act prohibited or prescribed by this

•Act and it shall not be considered a conviction, and

•the imposition of a fixed penalty shall not be

•considered criminal proceedings.

(3)Where there is no fine or imprisonment

•prescribed against a contravention in this Act, the

•same shall be treate d as a civil offence, and no

•criminal proceedings under this Act shall be initiated

•in the first instance against the said contravention:

•Provided that nothing contained herein shall

•preclude or adversely affect the right of the Chief

•Executive Officer to initiate a criminal proceeding

•against the offender under any other law for the time

•being in force in case the penalty is not paid with in

•time by the offender.

(4)Every penalty imposed shall be paid within

•thirty days of the notice issued by the Chief Executive

•Officer and whoever fails to pay the penalty within

•the time prescribed or does not file an appeal against

•such penalty, shall, in addition to any other liability

•under any law for the time being in force, also be

•liable to be punished with a fine may extend up to

•twice the amount of the penalty imposed.

(5)Any person aggrieved by an order of the

•adjudicating officer under sub-section (1) may, prefer

•an appeal to the President Cantonment Board as an

•appellate authority.

(6)Every appeal under sub -section ( 5) shall be

•filed within thirty days from the date of receipt of the

•notice of the penalty.

(7)The appellate authority may, after giving the

•appellant an opportunity of being heard, pass such

•summary order confirming, modifying or setting aside

•the penalty.

•134

(1)(2) (3) (4) (5)

(8)The appellate authority shall dispose of the

•appeal within a period of sixty days from the date of

•its filing.

(9)In the event of non-payment of penalty amount

•upheld by the appellate authority within a period of

•fifteen days of receipt of the order of the appellate

•authority, the notice shall be liable to be punished

•with a fine which may extend to twice the penalty

imposed.”.

•(ZF) In section 348, in clause ( 3), for the word “,

•tolls” shall be omitted.

•(ZG) In section 349, for sub-section (1), the following

•sub-section shall be substituted, namely:—

•“(1) Any bye-law made by a Board under this Act

•may provide that any person who contravenes such

•bye-laws shall be liable to penalty,—

(a)which may extend to five thousand rupees; or

(b)which may extend to five thousand rupees

•and, in the case of a continuing contravention, to

•an additional penalty which may extend to five

•hundred rupees for every day after the first during

•which such contravention continues; or

(c)which may extend to one hundred fifty

•rupees for every day during which the

•contravention continues after the receipt of a

•notice from the Board or Chief Executive Officer

•by the person contravening the bye -law requiring

•such person to discontinue such contravention.”.

SECTION Section 281

Untitled Section

64.2007 41 The Carriage

•by Road Act,

•2007

•In section 18, in sub-section (1), for the words and

•figures “section 3, section 13, or a notification issued

•under section 14”, the words and figures “section 13

•or a notification issued under section 14, or carr ies

•goods of dangerous or hazardous nature while being

•in contravention of section 3,” shall be substituted.

SECTION Section 282

Untitled Section

65.2009 27 The

•Prevention

•and Control of

•Infectious and

•Contagious

•Diseases in

•Animals Act,

•2009

(A)In section 2,—

(i)for clause ( a), the following clauses shall be

•substituted, namely:—

•‘(a) “adjudicating officer ” means the

•Sub-Divisional Magistrate or any other Executive

•Magistrate appointed by the State Government or the

•Union territory administration under

SECTION Section 283

Untitled Section

•section 34A;

•(aa) “animal” means,—

(i)cattle, buffalo, sheep, goat, yak, Mithun,

•elephant;

•135

(1)(2) (3) (4) (5)

•(ii) dog, cat, pig, horse, camel, ass, mule,

•poultry, bees;

•(iii) fish, molluse, crustacean, amphibian;

•and

•(iv) any other animal or bird as the Central

•Government may, by notification, specify;

•(ab) “appellate authority ” means the District

•Magistrate or the Additional District Magistrate

•appointed by the State Government or the Union

•territory administration under section 34B;’;

•(ii) after clause (g), the following clause shall

•be inserted, namely:—

•‘(ga) “disease ” or “scheduled disease ”

•means any disease specified in the

•Schedule;’;

•(iii) for clause (k), the following clauses shall

•be substituted, namely:—

•‘(k) “local authority ” means the

•Municipal Corporation, Municipal Council,

•Municipality, Cantonment Board, Notified

•Area Committee, Gram Panchayat or any

•other authority for the time being vested by

•law with the control and administration of

•any matters within a specified local area;

•(ka) “notification” means notification

•published in the Official Gazette and the

•expression “notify” or “notified” shall be

•construed accordingly;’;

•(iv) for clauses ( o), ( p), ( q) and ( r), the

•following clauses shall be substituted,

•namely:—

•‘(o) “registered veterinary practitioner ”

•means a person having a Bachelor ’s Degree

•in Veterinary Science or Veterinary Science

•and Animal Husbandry from a recognised

•University and registered with the Veterinary

•Council of India or the State Vete rinary

•Council;

•(oa) “State Government ” means the

•Government of a State or the Union territory

•administration;

•(ob) “University” shall have the meaning

•assigned to it in clause (f) of section 2 of the

•University Grants Commission Act, 1956

•(3 of 1956);

•136

(1)(2) (3) (4) (5)

(p)“Veterinarian” means a person having

•a Bachelor’s Degree in Veterinary Science or

•Veterinary Science and Animal Husbandry

•from a recognised University and registered

•with the Veterinary Council of India or the

•State Veterinary Council and appointed as

•such by the State Government or the Union

•territory administration under clause ( a) of

SECTION Section 284

Untitled Section

•section 3;

(q)“Veterinary Officer” means a pe rson

•having a Bachelor ’s Degree in Veterinary

•Science or Veterinary Science and Animal

•Husbandry from a recognised University and

•registered with the Veterinary Council of

•India or the State Veterinary Council and

•appointed as such by the State Government

•or the Union territory administration under

SECTION Section 285

Untitled Section

•clause (b) of section 3;

(r)“Village Officer” means the livestock

•supervisor, by whatever name called, or any

•other officer designated or authorised as

•such, by notification, by the Central

•Government or the State Government.’.

(B)In section 4,—

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

•or any other person, non-governmental organisation,

•public bodies or the village panchayat, in -charge of

•any animal”, the words “Every owner, any other

•person, non -governmental organisation or local

•authority, in -charge of any animal,” shall be

•substituted;

•(ii) in sub -section ( 3), for the words “report the

•matter to the Veterinary Officer”, the words “report

•the matter to the Veterinary Officer, State

•Government and Central Government in such form

•and manner as may be prescribed by the Central

•Government” shall be substituted.

(C)In section 5, for sub -section ( 3), the following

•sub-section shall be substituted, namely:—

•“(3) The Village Officer shall ensure that all

•infected animals are segregated and kept in a place

•away from other healthy animals.”.

(D)In section 6,—

(i)in sub-section (3), for the words “public notice”,

•the word “notification” shall be substituted;

•(ii) in sub-section (4), for the word “obligatory”,

•the word “mandatory” shall be substituted;

•(iii) after sub-section (6), the following sub-section

•shall be inserted, namely:—

•137

(1)(2) (3) (4) (5)

•“(7) The Director shall submit a report to the

•State Government and the Central Government

•regarding vaccinated animals and such other facts,

•in such form, manner and within such time, as may

•be prescribed by the Central Government.”.

(E)In section 7, in sub-section (3), in clause (b), after

•the words “certificate of vaccination”, the words “issued

•by the Veterinarian, Veterinary Officer or registered

•veterinary practitioner” shall be inserted.

(F)In section 8, after sub -section (3), the following

•sub-section shall be inserted, namely:—

•“(4) The Director shall submit a report to the State

•Government and the Central Government regarding

•marking and issuing certifi cates in respect of

•vaccinated animals in such form and manner as may

•be prescribed by the Central Government.”.

(G)In section 13, the words “or attempt to bring” and

•the words “known to be” shall be omitted.

(H)In section 26,—

(i)for the words “dispose it of”, the words “dispose

•of it” shall be substituted;

•(ii) after the words “as may be prescribed”, the

•words “by the Central Government” shall be inserted.

(I)In section 27, in sub -section (2), after the words

•“as may be prescribed”, t he words “by t he Central

•Government” shall be inserted.

(J)In section 29, in sub-section (3), for the words,

•figures and brackets “in the manner provided by the

•Code of Criminal Procedure, 1973 (2 of 1974) for the

•recovery of fines imposed by a Court”, the words,

•figures and letter “in the manner provided in

SECTION Section 286

Untitled Section

•section 34A” shall be substituted.

(K)In section 30, in the opening portion, for the

•words “All Municipal, Panchayat or Village Officers

•and all officers of the rural and dairy development,

•revenue, agriculture,”, the words “Any Village Officer,

•Registered practitioners, Veterinarian or Veterinary

•Officer of the” shall be substituted.

(L)For sections 32 and 33, the following sections

•shall be substituted, namely:—

•“32. Penalty for contravention and obstruction in

duty.––Any person who contravenes any provision of

•this Act, the rules, orders and notifications made or

•issued thereunder or obstructs the Competent Officer in

•performing his duties, shall be liable to penalty not

•exceeding ten thousand rupees and in the case of a

•continuing contravention, to an additional penalty which

•may extend to five thousand rupees for every day during

•which such contravention is continues.

•138

(1)(2) (3) (4) (5)

33.Penalty for placing animal carcass in open

•place and in water source.––(1) No person shall,––

(a)place or cause to be placed the carcass of any

•animal or any part thereof, in any river, canal, tank,

•pond, well, stream, lake, spring, ocean, or any

•other water source; or

(b)dispose of or permit the carcass of any such

•animal to remain in any open place in a manner

•likely to cause spread of infection or

•environmental contamination.

(2)Any person who contravenes the provisions of

•sub-section ( 1) shall be liable to penalty not

•exceeding ten thousand rupees.

(3)Where such contravention results in

•contamination of any water source referred to in

•sub-section (1) or spread of disease to other animals,

•the adjudicating authority may make an order for,––

(a)the recovery of charges for carcass disposal,

•disinfection and cleaning of water source or place,

•as the case may be, from the person adjudicated

•upon; and

(b)the temporary suspension or cancellation of

•any livestock handling or trade licence held by the

•person adjudicated upon, for a period no t

•exceeding six months.

(4)The provisions of this section shall be in

•addition to, and not in derogation of, the provisions of

•sections 271 and 272 of the Bharatiya Nyaya

•Sanhita, 2023 (45 of 2023).

33A.Adjudication of penalties.–– For the purpose

•of adjudication of penalties under the provisions of

•this Act and the rules made thereunder, the State

•Government or the Union territory administration, as

•the case may be, shall authorise the Sub -Divisional

•Magistrate or any other Executive Magist rate, as the

•case may be, having jurisdiction, as an adjudicating

•officer for holding an inquiry and imposing penalty,

•in the manner as may be prescribed by the Central

•Government:

•Provided that no such penalty shall be imposed

•without giving the person co ncerned a reasonable

•opportunity of being heard.

33B.Appeal.–– (1) Whoever aggrieved by the order,

•passed by the adjudicating officer under section 33A

•may, within thirty days from the date of receipt of order,

•prefer an appeal to the District Magistrate or the

•Additional District Magistrate specially authorised in

•this behalf by the State Government or the Union

•territory administration, as the case may be, as an

•appellate authority, in such form and manner as may be

•prescribed by the Central Government.

•139

(1)(2) (3) (4) (5)

(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)An appeal under sub -section ( 1) shall be

•disposed of within sixty days from the date of filing.

33C.Imprisonment for no n-payment of

penalty.––Where any person fails to pay the penalty

•imposed under the provisions of this Act and the

•rules made thereunder within ninety days of such

•imposition, he shall be punishable with

•imprisonment for a term which may extend to thre e

•months or with fine which may extend to twice the

•amount of the penalty, or with both.

33D.Remittance of penalty. ––(1) Where an

•adjudicating officer imposes a penalty under the

•provisions of this Act and the rules made thereunder,

•the amount of the said penalty realised shall be

•credited to the Fund of the Animal Welfare Board of

•India constituted under the Prevention of Cruelty to

•Animals Act, 1960 (59 of 1960).

(2)The Board shall utilise the amount realised

•through penalty for the implementation of th e

•provision of the Act and the rules made thereunder

•in such manner as may be prescribed by the Central

Government.”.

(M)In section 39, for the words “statistics on

•scheduled diseases, and vaccination”, the words

•“'statistics on scheduled diseases, vaccin ation, animal

•breeding or any other matter related to health” shall be

substituted.

(N)In section 42, in sub -section (2),—

(i)after clause ( a), the following clauses shall be

•inserted, namely: —

•“(aa) the form, manner and time of reporting

•the matter to t he Veterinary Officer, State

•Government and Central Government under sub -

•section (3) of section 4;

•(ab) the form, manner and time of submission

•of report to the State Government and the Central

•Government regarding vaccinated animals under

•sub-section (7) of section 6;

•140

(1)(2) (3) (4) (5)

•(ac) the form and manner of submission of

•report to the State Government and the Central

•Government regarding marking and issuing

•certificate for vaccinated animals under

•sub-section (4) of section 8;”;

•(ii) after clause (c), the following clauses shall be

•inserted, namely:—

•“(ca) the manner of recovery of cost regarding

•measures under sub-section (3) of section 29;

•(cb) the manner of holding an inquiry and imposing

•penalties under section 33A;

•(cc) the form and manner of preferrin g appeal

•to the appellate authority against the order of

•adjudicating officer under sub -section ( 1) of

SECTION Section 287

Untitled Section

•section 33B;”;

(O)For the Schedule, the following Schedule shall be

•substituted, namely:—

•“THE SCHEDULE

•[See clause (ga) of section 2 and section 38]

(a)Multiple species diseases

SECTION Section 288

Untitled Section

1.Anthrax.

SECTION Section 289

Untitled Section

2.Aujeszky’s disease.

SECTION Section 29

Untitled Section

•section 337 of the Bharatiya Nagarik Suraksha

•Sanhita, 2023 (46 of 2023).

(5)The Compounding of an offence under

•sub-section ( 2) shall be allowed only once fo r any

person.”.

(C)In section 56, for the words, figures and brackets

•“section 21 of the Indian Penal Code (45 of 1860)”, the

•words, brackets and figures “clause (28) of section 2 of

•the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall

•be substituted.

SECTION Section 290

Untitled Section

3.Bluetongue.

SECTION Section 291

Untitled Section

4.Brucellosis.

SECTION Section 292

Untitled Section

5.Crimean Congo haemorrhagic fever.

SECTION Section 293

Untitled Section

6.Echinococcosis/hydatidosis/granulosis/

multiloculosis.

SECTION Section 294

Untitled Section

7.Epizootice heamorrhagic disease virus.

SECTION Section 295

Untitled Section

8.Foot and mouth disease.

SECTION Section 296

Untitled Section

9.Heartwater.

SECTION Section 297

Untitled Section

10.Japanese encephalitis.

SECTION Section 298

Untitled Section

11.Leishmaniasis

SECTION Section 299

Untitled Section

12.Leptospirosis.

SECTION Section 3

Untitled Section

3.The fines and penalties provided under various provisions in the enactments

•mentioned in the Schedule shall be increased by ten per cent. of the minimum

•amount of fine or penalty, as the case may be, prescribed therefor, after the expiry

•of every three years from the date of commencement of this Act:

•Provided that notwithstanding anything contained in this section, if any

•enactment mentioned in the Schedule provides the manner of revision of fines and

•penalties therein, only the said provision shall be applicable for increase of fines and

•penalties for provisions of such enactment.

SECTION Section 30

Untitled Section

12.1948 46 The Coal

•Mines

•Provident

•Fund and

•Miscellaneous

•Provisions

•Act, 1948

(A)For section 9, the following sections shall be

•substituted, namely:––

•“9. Penalty.––(1) If any person contravenes or fails

•to comply with any provision of this Act or of any

•scheme framed thereunder, he shall be liable to

•penalty which shall not be less than five thousand

•rupees but which may extend to fifty thousand rupees.

(2)Where any person continues contravention

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

•additional penalty of ten thousand rupees for every

•day during which such contravention continues

•subject to a maximum of ten lakh rupees.

•18

(1)(2) (3) (4) (5)

9A.Adjudication of penalties.––For the purpose of

•adjudicating penalties under section 9, the Central

•Government, may appoint an officer not below the

•rank of Joint Secretary to the Government of India or

•a Secretary to the State Government as an

•adjudicating officer for holding an inquiry and

•imposing penalties in such manner as may be

•prescribed:

•Provided that the Central Government or the State

•Government, as the case may be, may appoint as

•many adjudicating officers as may be required:

•Provided furt her that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

9B.Appeal. ––(1) Any person aggrieved by an

•order of the adjudicating officer under section 9A

•may, within thirty days from the date of receipt of

•such order, prefer an appeal to such officer, at least

•one rank higher than the adjudicating officer, as may

•be appointed by the Central Government, as an

•appellate authority, in such form and manner as may

•be prescribed.

(2)The appellate autho rity may admit an appeal

•after the expiry of the said period of thirty days, if the

•appellant satisfies the appellate authority that he had

•sufficient cause for not preferring the appeal within

•that period.

(3)The appellate authority may, after giving th e

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(4)An appeal under sub -section ( 1) shall be

•disposed of within sixty days from the date of filing.

(5)If penalty imposed by the adjudicating officer

•under secti on 9A or by an order of the appellate

•authority under this section, as the case may be, is not

•deposited, the amount shall be recovered as an arrear

•of land revenue.”.

(B)After section 11D, the following section shall be

•inserted, namely:––

•“11E. Power of Central Government to make

rules.––(1) The Central Government may, by

•notification in the Official Gazette, make rules for

•carrying out the provisions of this Act.

(2)In particular, and without prejudice to the

•generality of the foregoing power, such rul es may

•provide for all or any of the following matters,

•namely:—

(a)the manner of holding an inquiry and

•imposing penalties under section 9A;

•19

(1)(2) (3) (4) (5)

(b)the form and manner of preferring appeal to

•the appellate authority against the order of

•adjudicating officer under sub -section ( 1) of

SECTION Section 300

Untitled Section

13.Mycobacterium tuberculosis complex.

SECTION Section 301

Untitled Section

14.New world screwworm (Cochliomyia

•hominivorax).

SECTION Section 302

Untitled Section

15.Nipah Virus infection.

SECTION Section 303

Untitled Section

16.Old world screwworm

•(Chrysomyabezziana).

SECTION Section 304

Untitled Section

17.Paratuberculosis.

•141

(1)(2) (3) (4) (5)

18.Q fever.

SECTION Section 305

Untitled Section

19.Rabies.

SECTION Section 306

Untitled Section

20.Rift Valley fever.

SECTION Section 307

Untitled Section

21.Rinderpest.

SECTION Section 308

Untitled Section

22.Trichinellosis.

SECTION Section 309

Untitled Section

23.Trypnosomiasis

SECTION Section 31

Untitled Section

•section 9B.

(3)Every rule made under this section shall be laid,

•as soon as may be after it is made, before each House

•of Parliament, while it is in session, for a total period

•of thirty days which may be comprised in one session

•or in two or more successive sessions, and if, before

•the expiry of the session immediately following the

•session or the successive sessions aforesaid, both

•Houses agree in making any modification in the ru le

•or both Houses agree that the rule should not be made,

•the rule shall thereafter have effect only in such

•modified form or be of no effect, as the case may be;

•so, however, that any such modification or annulment

•shall be without prejudice to the validity of anything

•previously done under that rule.”.

SECTION Section 310

Untitled Section

24.Tularemia.

SECTION Section 311

Untitled Section

25.Vesicular stomatitis.

SECTION Section 312

Untitled Section

26.West Nile fever.

(b)Bovine diseases

SECTION Section 313

Untitled Section

1.Bovine anaplasmosis.

SECTION Section 314

Untitled Section

2.Bovine babesiosis.

SECTION Section 315

Untitled Section

3.Bovine genital campylobacteriosis.

SECTION Section 316

Untitled Section

4.Bovine spongiform encephalopathy.

SECTION Section 317

Untitled Section

5.Bovine viral diarrhoea.

SECTION Section 318

Untitled Section

6.Contagious bovine pleuropneumonia.

SECTION Section 319

Untitled Section

7.Enzootic bovine leucosis.

SECTION Section 32

Untitled Section

13.1948 61 The Central

•Silk Board

•Act, 1948

(A)In section 13, in sub -section ( 2), after

SECTION Section 320

Untitled Section

8.Haemorrhagic septicaemia.

SECTION Section 321

Untitled Section

9.Infectious bovine rhinotracheitis/infectious

•pustular vulvovaginitis.

SECTION Section 322

Untitled Section

10.Lumpy skin disease.

SECTION Section 323

Untitled Section

11.Malignant catarrhal fever.

SECTION Section 324

Untitled Section

12.Mycoplasmosis

SECTION Section 325

Untitled Section

13.Theileriosis.

SECTION Section 326

Untitled Section

14.Trichomonosis.

(c)Sheep and goat diseases

SECTION Section 327

Untitled Section

1.Caprine arthritis/encephalitis.

SECTION Section 328

Untitled Section

2.Contagious agalactia.

SECTION Section 329

Untitled Section

3.Contagious caprine pleuropneumonia.

SECTION Section 33

Untitled Section

•clause ( xvc), the following clauses shall be inserted,

•namely:––

•“(xvca) the manner of holding an inquiry and

•imposing penalties under sub -section ( 1) of

SECTION Section 330

Untitled Section

4.Enzootic abortion of ewes (ovine

•chlamydiosis).

SECTION Section 331

Untitled Section

5.Maedi-visna.

SECTION Section 332

Untitled Section

6.Nairobi sheep disease.

SECTION Section 333

Untitled Section

7.Ovine epididymitis (Brucella ovis).

SECTION Section 334

Untitled Section

8.Peste des petits ruminants.

SECTION Section 335

Untitled Section

9.Salmonellosis (S. abortusovis).

SECTION Section 336

Untitled Section

10.Scrapie.

SECTION Section 337

Untitled Section

11.Sheep pox and goat pox.

•142

(1)(2) (3) (4) (5)

12.Theileriosis.

(d)Equine diseases

SECTION Section 338

Untitled Section

1.African horse sickness.

SECTION Section 339

Untitled Section

2.Contagious equine metritis.

SECTION Section 34

Untitled Section

•section 14B;

•(xvcb) the form and manner of preferring appeal to

•the appellate authority against the order of

•adjudicating officer under sub -section ( 2) of

SECTION Section 340

Untitled Section

3.Dourine.

SECTION Section 341

Untitled Section

4.Equine encephalomyelitis (Eastern).

SECTION Section 342

Untitled Section

5.Equine encephalomyelitis (Westem).

SECTION Section 343

Untitled Section

6.Equine infectious anaemia.

SECTION Section 344

Untitled Section

7.Equine Influenza.

SECTION Section 345

Untitled Section

8.Equine piroplasmosis.

SECTION Section 346

Untitled Section

9.Equine rhinopneumonitis.

SECTION Section 347

Untitled Section

10.Equine viral arteritis.

SECTION Section 348

Untitled Section

11.Glanders.

SECTION Section 349

Untitled Section

12.Surra (Trypanosoma evansi).

SECTION Section 35

Untitled Section

•section 14B;”.

(B)In section 14, in sub-section (1),––

(i)clause (b) shall be omitted;

•(ii) in the long line, for the words “punishable with

•imprisonment for a term which ma y extend to one

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

•rupees, or with both”, the words “warned at the first

•instance, and in case of continuing or repeated

•contraventions, he shall be liable to penalty of not less

•than twenty-five thousand rupees but may extend to

•one lakh rupees” shall be substituted.

(C)For section 14A, the following section s shall be

•substituted, namely:––

•“14A. Penalty for Contravention of section 8C or

8E.–– If any person contravenes the provisions of

SECTION Section 350

Untitled Section

13.Venezuelan equine encephalomyelitis.

(e)Swine diseases

SECTION Section 351

Untitled Section

1.African swine fever.

SECTION Section 352

Untitled Section

2.Classical swine fever.

SECTION Section 353

Untitled Section

3.Nipah virus encephalitis.

SECTION Section 354

Untitled Section

4.Porcine cysticercosis.

SECTION Section 355

Untitled Section

5.Porcine reproductive and respiratory syndrome.

SECTION Section 356

Untitled Section

6.Swine vesicular disease.

SECTION Section 357

Untitled Section

7.Transmissible gastroenteritis.

(f)Avian diseases

SECTION Section 358

Untitled Section

1.Avian chlamydiosis.

SECTION Section 359

Untitled Section

2.Avian infectious bronchitis.

SECTION Section 36

Untitled Section

•section 8C or 8E of this Act or regulations made

•thereunder or any notification relating to silk -worm

•seed, he shall be liable to penalty of not less than

•twenty-five thousand rupees but may extend to one

•lakh rupees, and in addition to such penalty, the

•competent authority may suspend or cancel the

•registration granted for the production of silk -worm

seeds.

•20

(1)(2) (3) (4) (5)

14B.Adjudication of penalties. ––(1) For the

•purpose of adjudicating penalties under clauses ( a)

•and ( c) of sub -section ( 1) of section 14, and

SECTION Section 360

Untitled Section

3.Avian infectious laryngotracheitis.

SECTION Section 361

Untitled Section

4.Avian mycoplasmosis (M. gallisepticum).

SECTION Section 362

Untitled Section

5.Avian mycoplasmosis (M. synoviae).

SECTION Section 363

Untitled Section

6.Duck virus hepatitis.

SECTION Section 364

Untitled Section

7.Fowl cholera.

SECTION Section 365

Untitled Section

8.Fowl typhoid.

SECTION Section 366

Untitled Section

9.Highly pathogenic avian influenza and low

•pathogenic avian influenza in poultry.

SECTION Section 367

Untitled Section

10.Infectious bursal disease (Gumboro disease).

SECTION Section 368

Untitled Section

11.Marek’s disease.

SECTION Section 369

Untitled Section

12.Newcastle disease.

•143

(1)(2) (3) (4) (5)

13.Pullorum disease.

SECTION Section 37

Untitled Section

•section 14A, an officer not below the rank of Director

•to the Government of India or equivalent in rank as

•may be appointed by the Central Government shall be

•the adjudicating officer for holding an inquiry and

•imposing penalties in such manner as may be

•prescribed:

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasonable

•opportunity of being heard.

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub -section ( 1) may,

•within thirty days from the date of receipt of

•such order, prefer an appeal to the appellate

•authority who shall be an officer not below the rank

•of Joint Secretary to the Government of India or

•equivalent in rank as may be appointed by the Central

•Government, in such form and manner as may be

prescribed.

(3)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.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such order as he may think fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub-section (4), as the case may be, is

•not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

SECTION Section 370

Untitled Section

14.Turkey rhinotracheitis.

(g)Lagomorph diseases

SECTION Section 371

Untitled Section

1.Myxomatosis.

SECTION Section 372

Untitled Section

2.Rabbit haemorrhagic disease.

(h)Bee diseases

SECTION Section 373

Untitled Section

1.Acarapisosis of honey bees.

SECTION Section 374

Untitled Section

2.American foulbrood of honey bees.

SECTION Section 375

Untitled Section

3.European foulbrood of honey bees.

SECTION Section 376

Untitled Section

4.Small hive bettle infestation (Aethina tumida).

SECTION Section 377

Untitled Section

5.Tropilaelaps infestation of honey bees.

SECTION Section 378

Untitled Section

6.Varroosis of honey bees.

(i)Fish diseases

SECTION Section 379

Untitled Section

1.Epizootic haematopoietic necrosis.

SECTION Section 38

Untitled Section

14.1950 64 The Road

•Transport

•Corporations

•Act, 1950

•In section 46, for the words “shall be punishable

•with fine which may extend to five hundred rupees,

•and when the breach is a continuing one, with a

•further fine not exceeding twenty rupees for every day

•after the date of the first conviction during which

•the offender is proved to have persisted in the offence”,

•the words “shall be liable to penalty which may extend

•to five hundred rupees and when the breach is a

•continuing one with a further penalty not exceeding

•twenty rupees for every day after the fi rst

•contravention, during which the breach continues” shall

•be substituted.

•21

(1)(2) (3) (4) (5)

SECTION Section 380

Untitled Section

2.Infectious haematopoietic necrosis.

SECTION Section 381

Untitled Section

3.Spring viraemia of carp (SVC).

SECTION Section 382

Untitled Section

4.Viral haemorrhagic septicaemia (VHS).

SECTION Section 383

Untitled Section

5.Epizootic ulcerative syndrome (EUS).

SECTION Section 384

Untitled Section

6.Red seabream iridoviral disease (RSID).

SECTION Section 385

Untitled Section

7.Koi herpesvirus disease (KHV).

SECTION Section 386

Untitled Section

8.Grouper iridoviral disease.

SECTION Section 387

Untitled Section

9.Viral encephalopathy and retinopathy.

SECTION Section 388

Untitled Section

10.Enteric septicaemia of catfish.

SECTION Section 389

Untitled Section

11.Infection with Aeromonas hydrophila.

SECTION Section 39

Untitled Section

15.1952 30 The

•Requisitioning

•and

•Acquisition of

•Immovable

•Property

•Act, 1952

(A)In section 20, for the words “punishable with

•fine”, the words “liable to penalty” shall be substituted.

(B)After section 20, the following sections shall be

•inserted, namely:—

•“20A. Adjudication of penalties.––For the purpose

•of adjudicating penalties under section 20, the Central

•Government shall, appoint an officer at least one rank

•higher than the competent authority as an

•adjudicating officer for holding an inquiry and

•imposing penalties in such manner as ma y be

•prescribed:

•Provided that the Central Government may appoint

•as many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

20B.App eal.––(1) Any person aggrieved by an

•order of the adjudicating officer under section 20A

•may, within thirty days from the date of receipt of

•such order, prefer an appeal to such officer, at least

•one rank higher than the adjudicating officer, as may

•be app ointed by the Central Government as an

•appellate authority, in such form and manner as may

•be prescribed.

(2)An appeal may be admitted after the expiry of

•the said period of thirty days, if the appellant satisfies

•the appellate authority that he had sufficient cause for

•not preferring the appeal within that period.

(3)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(4)An appeal under sub -section ( 1) shall be

•disposed of within sixty days from the date of filing.

(5)If penalty imposed by the adjudicating officer

•under section 20A or by an order of the appellate

•authority under this section, as the case may be, is not

•deposited, the amount shall be recovered as an arrear

•of land revenue.”.

(C)In section 21, for the words, figures and brackets

•“section 21 of the Indian Penal Code (45 of 1860)”, the

•words, brackets and figures “clause (28) of section 2 of

•the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall

•be substituted.

(D)In section 22, in sub-section (2), after clause (e),

•the following clauses shall be inserted, namely:––

•“(ea) the manner of holding an inquiry and

•imposing penalties under section 20A;

•(eb) the form and manner of preferring appeal to the

•appellate authority against the order of adjudicating

•officer under sub-section (1) of section 20B;”.

•22

(1)(2) (3) (4) (5)

SECTION Section 390

Untitled Section

12.lnfection with Edwardsiella tarda.

SECTION Section 391

Untitled Section

13.Infection with Vibrio anguillarum.

SECTION Section 392

Untitled Section

14.Infection with Flavobacterium columnare.

SECTION Section 393

Untitled Section

15.Infection with Streptococus iniae in Tilapia.

SECTION Section 394

Untitled Section

16.Infectious pancreatic necrosis (cold water).

SECTION Section 395

Untitled Section

17.Infection with Myxobolus spp.

SECTION Section 396

Untitled Section

18.Infection with Ichthyophthirius multifilis.

SECTION Section 397

Untitled Section

19.Infection with Saprolegnia parasitica.

SECTION Section 398

Untitled Section

20.Infestation with Argulus spp.

SECTION Section 399

Untitled Section

21.Infestation with Dactylogyrus spp.

SECTION Section 4

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, liabilit y, 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, despite the fact 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.

SECTION Section 40

Untitled Section

16.1952 62 The Reserve

•and Auxiliary

•Air Forces

•Act, 1952

(A)In section 30,––

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

•with fine which may extend to five hundred rupees”,

•the words “liable to penalty which may extend to ten

•thousand rupees” shall be substituted;

•(ii) in sub -section (2), 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 one lakh rupees” shall be

substituted.

(B)After section 30, the following section shall be

•inserted, namely:––

•“30A. Adjudication of pen alties.––(1) For the

•purpose of adjudicating penalties under section 30,

•the Central Government, may appoint an officer not

•below the rank of Wing Commander as an

•adjudicating officer for holding an inquiry and

•imposing penalties in such manner as may be

•prescribed:

•Provided that the Central Government may

•appoint as many adjudicating officers as may be

•required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Any per son aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the date of receipt of such order,

•prefer an appeal to such officer, at least one rank

•higher than the adjudicating officer, as may be

•appointed by the Central Government as an appellate

•authority, in such form and manner as may be

prescribed.

(3)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.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such order as he may think fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date

•of filing.

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub-section (4), as the case may be, is

•not d eposited, the amount shall be recovered as an

•arrear of land revenue.”.

•23

(1)(2) (3) (4) (5)

(C)In section 34,––

(i)in sub -section ( 2), after clause ( m), the

•following clauses shall be inserted, namely:—

•“(ma) the manner of holding an inquiry and

•imposing penalties under sub -section ( 1) of

SECTION Section 400

Untitled Section

22.Infestation with Lernaea spp.

SECTION Section 401

Untitled Section

23.Infestation with Caligus spp.

•144

(1)(2) (3) (4) (5)

(j)Mollusc diseases

SECTION Section 402

Untitled Section

1.Infection with Bonamia exitiosa.

SECTION Section 403

Untitled Section

2.Infection with Perkinsus olseni.

SECTION Section 404

Untitled Section

3.lnfection with abalone herpesvirus.

SECTION Section 405

Untitled Section

4.Infection with Xenohaliotis californiensis.

SECTION Section 406

Untitled Section

5.Infection with Marteilioides chungmuensis.

SECTION Section 407

Untitled Section

6.Acute viral necrosis (in scallops).

SECTION Section 408

Untitled Section

7.Akoya oyster disease.

SECTION Section 409

Untitled Section

8.Infection with Bomania ostreae.

SECTION Section 41

Untitled Section

•section 30A;

•(mb) the form and manner of preferring appeal

•to the appellate authority against the order of

•adjudicating officer under sub -section ( 2) of

SECTION Section 410

Untitled Section

9.Infection with Marteilia regringens.

SECTION Section 411

Untitled Section

10.Infection with Perkinsus marinus.

SECTION Section 412

Untitled Section

11.Infection with ostreid herpes virus.

(k)Crustacean diseases

SECTION Section 413

Untitled Section

1.Taura syndrome (TS).

SECTION Section 414

Untitled Section

2.White spot disease (WSD).

SECTION Section 415

Untitled Section

3.Yellowhead disease (YHD).

SECTION Section 416

Untitled Section

4.Infectious hypodermal and haematopoietic

•necrosis (IHHN).

SECTION Section 417

Untitled Section

5.Infectious myonecrosis (IMN).

SECTION Section 418

Untitled Section

6.White tail disease (MrNV).

SECTION Section 419

Untitled Section

7.Necrotising hepatopancreatitis (NHP).

SECTION Section 42

Untitled Section

•section 30A;”;

•(ii) sub-section (3) shall be omitted.

SECTION Section 420

Untitled Section

8.Milky haemolymph disease of spiny lobster

•(Panulirus spp.).

SECTION Section 421

Untitled Section

9.Monodon slow growth syndrome.

SECTION Section 422

Untitled Section

10.Acute hepatopancreatic necrosis syndrome

•(AHPNS).

SECTION Section 423

Untitled Section

11.Hepatopancreatic parvovirus.

SECTION Section 424

Untitled Section

12.Monodon baculovirus.

SECTION Section 425

Untitled Section

13.Loose shell syndrome.

SECTION Section 426

Untitled Section

14.Soft shell syndrome.

SECTION Section 427

Untitled Section

15.Gaffkemia.

(l)Amphibian disease

SECTION Section 428

Untitled Section

1.Infection with Ranavirus.

SECTION Section 429

Untitled Section

2.Infection with Batrachochytrium dendrobatidis.

(m)Other diseases

SECTION Section 43

Untitled Section

17.1953 29 The Tea Act,

•1953

(A)In section 37, for the words “punishable with fine

•which may extend to one thousand rupees”, the words

•“warned at the first instance, and in case of subsequent

•contraventions, he shall be liable to penalty which may

•extend to one lakh rupees” shall be substituted.

(B)In section 42A, in sub-section (1),––

(i)for the words, brackets and figures

•“sub-section (1) of section 41”, the words, figures and

•brackets “section 37, sub -section (1) of section 41”

•shall be substituted;

•(ii) after the words “an adjudicating officer for”, the

•words “issuing warning letter or” shall be inserted.

SECTION Section 430

Untitled Section

1.Camel pox.

SECTION Section 431

Untitled Section

2.Leishmaniosis.

SECTION Section 432

Untitled Section

3.Middle East respiratory syndrome

coronavirus.”.

•145

(1)(2) (3) (4) (5)

SECTION Section 433

Untitled Section

66.2010 1 The Legal

•Metrology

•Act, 2009

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

•shall be inserted, namely:––

•‘(ea) “improvement notice” means an improvement

•notice issued under this Act;’.

(B)In section 15, after sub-section (4), the following

•sub-sections shall be inserted, namely:—

•“(5) Any inspection, search or seizure carried out

•by a legal metrology officer under this section in

•pursuance of a general or special order, instruction or

•written authorisatio n issued by the Director or

•Controller of Legal Metrology shall be deemed to

•have been made under a lawful warrant.

(6)If the Director, Controller or legal metrology

•officer has reasonable ground for believing that any

•person has failed to comply with any provision of the

•Act or rules or directions issued, wherever applicable, he

•may, by a improvement notice served on that person,––

(i)state the grounds for believing that the person

•has failed to comply with the provisions of Act or

•rules or directions issued;

•(ii) specify the matters which constitute the

•person’s failure so to comply;

•(iii) specify the measures which, in the opinion of

•the said Authority, the person must take, in order to

•secure compliance; and

•(iv) require the person to take those measur es,

•within a reasonable period, as may be specified in the

•said notice.

(7)If the person fails to comply with an improvement

•notice issued under sub-section ( 6), his registration or

•approval, as the case may be, shall be suspended or

•revoked:

•Provided that the authorised officer may, after giving

•the person an opportunity of being heard, suspend or

•revoke the registration or approval granted, as the case

•may be, for reasons to be recorded in writing.”.

(C)In section 23,––

(i)in the marginal heading, for the word “licence”,

•the word “registration certificate” shall be

•substituted;

•(ii) in sub -section ( 1), for the word “licence” at

•both the places where they occur, the word

•“registration certificate” shall be substituted;

•(iii) in sub-section (2), for the word “licence”, the

•words “registration certificate” shall be substituted.

•146

(1)(2) (3) (4) (5)

(D)In section 25, for the words “shall be punished

•with 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 five lakh rupee s”, the

•words “shall be warned with an improvement notice and

•for the second offence shall be liable to penalty which

•may extend to one lakh rupees and for the

•subsequent offences the fine shall be not less than two

•lakhs rupees but may extend to five lakh rupees” shall be

substituted.

(E)In section 26, for the words “second and

•subsequent offence”, the words “second offence with

•fine which may extend to one lakh rupees and for the

•third or subsequent offence” shall be substituted.

(F)In section 27, in the long line, for the words “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”, the words “shall be warned with an

•improvement notice and for the second offence shall be

•liable to penalty which may extend to one lakh rupees

•and for the subsequent offences the fine shall be not less

•than two lakh rupees but may extend to four lakh rupees”

•shall be substituted.

(G)In section 28, for the words “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”, the words “shall

•be warned with an improvement notice and for the second

•offence shall be liable to penalty which may extend to

•fifty thousand rupees and for the subsequent offences the

•fine shall be not less than one lakh rupees but may extend

•to two lakh rupees” shall be substituted.

(H)In section 29, for the words “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”, the words

•“shall be warned with an improvement notice and for the

•second offence shall be liable to penalty which may

•extend to fifty thousand rupees and for the

•subsequent offences the fine shall be not less than one

•lakh rupees but may extend to two lakh rupees” shall be

substituted.

(I)In section 30, in the long line, for the words

•“second or subsequent offence”, the words “second

•offence with fine which may extend to twenty thousand

•rupees and for the third or subsequent offence” shall be

substituted.

•147

(1)(2) (3) (4) (5)

(J)In section 31, for the words “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”, the words “shall be warned with an

•improvement notice and for the second offence shall be

•liable to penalty which may extend to twenty -five

•thousand rupees and for the subsequent offences the fine

•shall not be fifty thousand rupees but may extend to one

•lakh rupees” shall be substituted.

(K)In section 32, for the words “shall be punished with

•fine which may extend to twenty thousand rupees and for

•the second or subsequent offence with imprisonment for a

•term which may extend to one year and also with fine”, the

•words “shall be warned with an improvement notice and

•for the second offence shall be liable to penalty which may

•extend to five lakh rupees and for the subsequent offences

•the fine shall not be less than ten lakh rupees but may

•extend to twenty lakh rupees” shall be substituted.

(L)In section 34, for the words “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”, the words “shall be warned with an

•improvement notice and for the second offence shall be

•liable to penalty which may extend to twenty -five

•thousand rupees and for the subsequent offences the

•fine shall not be less than fifty thousand rupees but

•may extend to one lakh rupees” shall be substituted.

(M)In section 35, for the words “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”, the words “shall be warned with an

•improvement notice and for the second offence shall be

•liable to penalty which may extend to twenty -five

•thousand rupees and for the subsequent offences the

•fine shall not be less than fifty thousand rupees but

•may extend to one lakh rupees” shall be substituted.

(N)In section 36,––

(i)for sub -section ( 1), the following sub -section

•shall be substituted, namely:—

•‘(1) Whoever manufactures, packs, imports,

•sells, distributes, delivers or otherwise transfers,

•offers, exposes or possesses for sale, or causes to

•be sold, distributed, delivered or otherwise

•transferred, offered, exposed for sale, including

•through digital modes of sale such as e-commerce

•platforms, online market places or any other digital

•148

(1)(2) (3) (4) (5)

•or electronic means including electronic service

•providers facilitating such sales, any pre-packaged

•commodity which does not conform to the

•declarations on the package as provided in this

•Act, shall be warned with an improvement notice

•and for the second offence shall be liable to penalty

•which may extend to five lakh rupees and for the

•subsequent offences the fine shall not be less than

•twenty-five lakh rupees but may extend to fifty

•lakh rupees.

Explanation.–– For the purposes of this sub -section,

•the expressions “e -commerce” and “electronic service

•provider” shall have the same meaning as assigned to

•them in clauses ( 16) and ( 17) of section 2 of the

•Consumer Protection Act, 2019 (35 of 2019).’;

•(ii) in sub -section ( 2), for the words “shall be

•punished with fine which shall not be less than ten

•thousand rupees but which may extend to fifty

•thousand rupees and for the second and subsequent

•offence, with fine which may extend to one la kh

•rupees or with imprisonment for a term which may

•extend to one year or with both”, the words “shall be

•punished with fine which shall not be less than ten

•thousand rupees but which may extend to one lakh

•rupees and for the second offence with fine which may

•extend to five lakh rupees and for the third or subsequent

•offence, with fine which may extend to fifty lakh rupees

•or with imprisonment for a term which may extend to

•one year or with both” shall be substituted.

(O)In section 37, in sub-section (1), for the words

•“shall be punished with fine which may extend to one

•lakh rupees”, the words “shall be liable to penalty which

•may extend to one lakh rupees” shall be substituted.

(P)In section 38, for the words “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, or with fine, or with both”, the words “shall be

•warned with an improvement notice and for the seco nd

•offence shall be liable to penalty which may extend to

•twenty-five thousand rupees and for the subsequent

•offences the fine shall not be less than two lakh rupees

•but may extend to five lakh rupees” shall be substituted.

(Q)In section 39, for th e words “shall be punished

•with fine, which may extend to fifty thousand rupees and

•for the second or subsequent offence, with imprisonment

•for a term which may extend to one year and also with

•fine”, the words “shall be warned with an improvement

•notice and for the second offence shall be liable to

•penalty which may extend to fifty thousand rupees and

•for the subsequent offences the fine shall not be less than

•two lakh rupees but may extend to five lakh rupees” shall

•be substituted.

•149

(1)(2) (3) (4) (5)

(R)In section 40, for the words “with imprisonment

•for a term which may extend to two years and for the

•second or subsequent offence, with imprisonment for a

•term which may extend to five years”, the words “in

•accordance with the provisions of the Bharatiya Nyaya

•Sanhita, 2023 (45 of 2023) shall be substituted.”.

(S)In section 41,––

(i)in sub -section ( 1), for the words “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 six months and also with fine”, the words

•“shall be warned with an improvement notice and

•for the second offence shall be liable to penalty which

•may extend to five thousand r upees and for the

•subsequent offences the fine shall not be less than two

•lakh rupees but may extend to five lakh rupees” shall

•be substituted;

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

•year and also with fine”, the words “shall be warned

•with an improvement notice and for the second

•offence shall be liable to penalty which may extend

•to five thousand rupees and for the subsequent

•offences the fine shall not be less than two lakh

•rupees but may extend to five lakh rupees” shall be

substituted.

(T)In section 45,––

(i)for the word “licence” wherever it occurs, the

•word “registration” shall be substituted;

•(ii) for the words “shall be punished with fine

•which may extend to twenty 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”, the words “shall be warned with an

•improvement notice and for the second offence shall

•be liable to penalty which may extend to twenty

•thousand rupees and for the subsequent offences

•the fine shall not be less than two lakh rupees but

•may extend to five lakh rupees” shall be substituted.

(U)In section 46,––

(i)for the word “licence” wherever it occurs, the

•word “registration” shall be substituted;

•(ii) for the words “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 year, or with fine, or with

•both”, the words “shall be warned with an improvement

•150

(1)(2) (3) (4) (5)

•notice and for the second offence shall be liable to

•penalty which may extend to five thousand rupees

•and for the subsequent offences the fine shall not be

•less than two lakh rupees but may extend to five lakh

•rupees” shall be substituted.

(V)In section 47,––

(i)for the word “licence”, occurring at both the

•places, the words “registration certificate” shall be

•substituted;

•(ii) for the words “shall be punished with fine

•which may extend to twenty thousand rupees, or with

•imprisonment for a term which may extend to one

•year or with both”, the words “s hall be warned with

•an improvement notice and for the second offence

•shall be liable to penalty which may extend to

•twenty thousand rupees and for the subsequent

•offences the fine shall not be less than two lakh rupees

•but may extend to five lakh rupees” shall be

substituted.

(W)For section 48, the following section shall be

•substituted, namely:––

•“48. Compounding of offences.––(1) Any offence

•punishable under section s 25 to 39, s ection 41,

•sections 45 to 47, any rule made under sub-section (3)

•of section 52 or any rule made under sub -section (3)

•of section 53 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 sect ions 25

•to 39, section 41, or any rule made under

•sub-section (3) of section 52.

(3)The Controller or legal metrology officer

•specially authorised by him, may compound

•offences punishable under section s 25 to 31,

•sections 33 to 37, section 41, sections 45 to 47,

•and any rule made under sub -section ( 3) of

SECTION Section 434

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.

•151

(1)(2) (3) (4) (5)

(4)Where an offence has been compounded under

•sub-section (1), no proceeding or further proceeding,

•as the case may be, shall be taken against the offender

•in respect of the offence so compounded.

(5)No offence under this Act shall be compounded

•except as provided by this section.

(6)No court shall take cognizance of an offence

•punishable under this Act except upon a complaint, in

•writing, made by—

(i)the Director;

•(ii) the Controller;

•(iii) any officer authorised by them.

(7)If the person do es not compound the offence,

•shall be tried by the Magistrate in accordance with the

•procedure laid down in the Bharatiya Nagarik

•Suraksha Sanhita, 2023 (46 of 2023).

(8)Where the offender fails to pay the fine imposed

•by the Magistrate, such fine and costs of prosecution

•shall be recoverable as provided under the Bharatiya

•Nagarik Suraksha Sanhita, 2023 (46 of 2023):

•Provided that in case of failure to pay the fine, such

•fine shall be recoverable in accordance with the

•provisions of the Bharatiya Nagarik Su raksha

•Sanhita, 2023 (46 of 2023) , and any order of the

•Magistrate shall be deemed executable as a decree for

•recovery of money.”.

(X)In section 50, in sub -section ( 1), in clause ( c),

•after the words “the Central Government”, the words “or

•any officer not below the rank of Joint Secretary

•specially authorised in this behalf by that Government”

•shall be inserted.

(Y)In section 52, in sub -section (3), for the words

•“shall be punishable with fine which may extend to five

•thousand rupees ”, the word s “shall liable to penalty

•which may extend to five lakh rupees and

•suspension, or as the case may be, revocation” shall be

substituted.

(Z)In section 53,––

(i)in sub -section (2), in clause ( c), for the word

•“licence”, the words “registration certificate” shall be

•substituted;

•(ii) in sub -section ( 3), for the words “shall be

•punishable with fine which may extend to five

•thousand rupees’, the words “shall liable to penalty

•which may extend to one lakh rupees and

•suspension, or as the case may be, revocation” shall

•be substituted.

•152

(1)(2) (3) (4) (5)

SECTION Section 435

Untitled Section

67.2010 23 The Clinical

•Establishments

•(Registration

•and

•Regulation)

•Act, 2010

(A)In section 40, for the words “punishable for the

•first offence with fine which may extend to ten thousand

•rupees, for any second offence with fine which may

•extend to fifty thousand rupees and for any subsequent

•offence with fine which may extend to five lakh rupees”,

•the words “liable for the first contravention to penalty

•which may extend to ten thousand rupees, for any second

•contravention to penalty which may extend to fifty

•thousand rupees, and for any subsequent contravention

•with penalty which may extend to five lakh rupees” shall

•be substituted.

(B)In section 41, in sub -section (3), for the words,

•brackets and figures “under sub-sections (1) and (2)”, the

•words, figures and brackets “under section 40,

•sub-sections (1) and (2) of section 41 and section 43 and

•sub-sections ( 1) and ( 2) of section 44” shall be

substituted.

(C)In section 43, for the words “punishable with

•fine”, the words “liable to penalty” shall be

substituted.

(D)For section 44, the following section shall be

•substituted, namely:––

•‘44. Contravention by companies. ––(1) Where a

•person committing contravention of any of the

•provisions of this Act or of any rule made thereunder

•is a company, every person who, at the time the

•contravention was committed, was in charge of, and

•was responsible to the company for the conduct of the

•business o f the company, as well as the company,

•shall be deemed to be guilty for the contravention and

•shall be liable for the first contravention to a penalty

•may extend to ten thousand rupees, for any second

•contravention to a penalty which may extend to fifty

•thousand rupees and for any subsequent

•contravention with penalty which may extend to five

•lakh rupees:

•Provided that nothing contained in this sub-section

•shall render any such person liable to any penalty if

•he proves that the contravention was committed

•without his knowledge or that he had exercised all due

•diligence to prevent the commission of such

contravention.

(2)Notwithstanding anything contained in

•sub-section (1), where a contravention of any of the

•provisions of this Act or of any rule made thereunder

•has been committed by a company and it is proved

•that the contravention has taken place 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 c ompany, such

•director, manager, secretary or other officer shall also

•153

(1)(2) (3) (4) (5)

•be deemed to be guilty of that contravention and

•shall be liable to penalty which may extend to ten

•thousand rupees for the first contravention, penalty

•which may extend to fifty thousand rupees for the

•second contravention and penalty which may extend

•to five lakh rupees for any subsequent contravention.

Explanation.—For the purposes of this section,—

(a)“company” means a 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.’.

(E)In section 46, for the word “fine” wherever it

•occurs, the word “penalty” shall be substituted.

SECTION Section 436

Untitled Section

68.2013 23 The

•Pension Fund

•Regulatory

•and

•Development

•Authority

•Act, 2013

(A)In section 16, in sub-section (7), 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 twenty-five crore rupees, or with both, and also

•with a further fine which may extend to ten lakh rupees

•for every day after the first day during which the failure

•or refusal continues”, the words “liable to penalty which

•may extend to twenty-five crore rupees, and also with a

•further penalty which may extend to ten lakh rupees, for

•every day after the first day during which the failure or

•refusal continues” shall be substituted.

(B)In section 30, for the word and figures

•“section 28” wherever they occur, the words,

•brackets and figures “sub -section (7) of section 16

•or section 28” shall be substituted.

SECTION Section 437

Untitled Section

69.2015 11 The Coal

•Mines

•(Special

•Provisions)

•Act, 2015

(A)For sections 23 and 24, the following sections

•shall be substituted, namely:––

•“23. Punishment for certain offences and

•non-compliances.––(1) If any person,—

(a)obstructs or causes any impediment in

•taking possession or in the management and

•operation of the Schedule I coal mines by the

•Central Government or the designated

•custodian; or

(b)destroys or misuses any mine infrastructure

•or coal stock; or

(c)retains any property of such coal mine or

•removes or destroys it,

•he and any officer -in-default of the company shall

•be punishable with imprisonment for a term which

•may extend to two years, or with fine of one lakh

•rupees, and in the case of continuing failure, with

•fine of two lakh rupees for every day during which

•the offence continues or with both, depending upon

•the nature of the offence.

•154

(1)(2) (3) (4) (5)

(2)If any person fails to deliver to the designated

•custodian any books of account, registers or any other

•document in his custody relating to Schedule I coal

•mines and coal mining operations in respect of the

•management of which the designated custodian has

•been appointed he and any officer -in-default of the

•company shall be liable to penalty which may extend

•to one lakh rupees, and in the case of continuing

•failure, with penalty of which may extend to two lakh

•rupees for every day during which the failure

•continues:

•Provided that for a subsequent contravention, or

•for a contravention continuing beyond thirty days, he

•and any officer -in-default of the company shall, on

•conviction before a competent court, in addition to the

•penalty, be punishable with a fine of five lakh rupees

•or with imprisonment for a term which may extend to

•two years or with both.

SECTION Section 438

Untitled Section

24.Penalty for failure to comply with directions of

•Central Government.— If any person fails to comply,

•without reasonable cause, with any of the directions

•given by the Central Government or nominated

•authority or the designated custodian in the exercise

•of its powers provided in this Act or as may be

•prescribed, he shall be liable to penalty which may

•extend to one lakh rupees and in the case of

•continuing failure with penalty which may ex tend to

•two lakh rupees for everyday during which the failure

continues.

24A.Adjudication of penalties. ––(1) For the

•purpose of adjudication of penalties under

•sub-section ( 2) of section 23 and section 24, the

•Central Government shall appoint the nominated

•authority to be the adjudication authority for holding

•an inquiry and imposing penalties in such form and

•manner as may be prescribed:

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasona ble

•opportunity of being heard.

24B.Appeal.––(1) The Tribunal constituted under

•the Coal Bearing Areas (Acquisition and

•Development) Act, 1957 (20 of 1957) shall be

•authorised to act as an appellate authority.

(2)Any person aggrieved by an order passed b y

•the adjudicating officer under section 24A, may

•prefer an appeal within thirty days from the date of

•receipt of the order before the Tribunal constituted

•under sub-section (1) of section 27.

(3)The Tribunal may admit an appeal after the

•expiry of the said period of thirty days, if the appellant

•satisfies the appellate authority that he had sufficient

•cause for not preferring the appeal within that period.

•155

(1)(2) (3) (4) (5)

(4)The amount of penalty imposed under

SECTION Section 439

Untitled Section

•section 24A or this section, if not paid, may be

•recovered as an arrear of land revenue.”.

(B)In section 31, in sub -section (2), after clause (x),

•the following clause shall be inserted, namely:—

•“(xa) the manner of holding an inquiry and imposing

•penalties under sub-section (1) of section 24A;”.

SECTION Section 44

Untitled Section

18.1953 45 The Coir

•Industry Act,

•1953

•Sections 20, 21 and 22 shall be omitted.

SECTION Section 440

Untitled Section

70.2016 16 The Real

•Estate

•(Regulation

•and

•Development)

•Act, 2016

•For section 68, the following section shall be

•substituted, namely:––

•“68. Penalty for failure to comply with orders of

•Appellate Tribunal by allottee.—If any allottee, who

•fails to comply with, or contravenes any of the orders

•or directions of the Appell ate Tribunal, as the case

•may be, he shall be liable to penalty, which may

•extend up to ten per cent. of the plot, apartment or

•building cost, as the case may be.”.

SECTION Section 441

Untitled Section

71.2019 49 The

•Recycling of

•Ships Act,

•2019

(A)In section 31,—

(i)in the marginal heading, for the word “Penalty”,

•the word “Punishment” shall be substituted;

•(ii) in sub-section (1), for the word “instals”, the

•word “installs” shall be substituted;

•(iii) sub-section (2) shall be omitted;

•(iv) for sub-section (6), the following sub-section

•shall be substituted, namely:––

•“(6) Whoever fails to respond within

•twenty-four hours of issuance of third notice for

•taking remedial action for oil spill under

•sub-section (2) of section 22, shall be punishable

•with i mprisonment which may extend to three

•months or with fine which may extend to ten lakh

•rupees or with both.”.

(B)For section 32, the following section s shall be

•substituted, namely:––

•“32. Penalty for contravention of provisions of this

•Act or rules or regulations.––(1) Whoever

•contravenes the provisions of section 12 shall be

•liable to penalty which may extend to ten lakh rupees.

(2)Whoever fails to respond to the notice issued

•for taking remedial action for oil spill under

•sub-section ( 2) of section 22 shall be liable to a

•penalty, which may extend to––

(i)five lakh rupees, in case of no response

•within twelve hours of issuance of first notice; and

•(ii) ten lakh rupees, in case of no response within

•twenty-four hours of issuance of second notice.

•156

(1)(2) (3) (4) (5)

(3)Whoever contravenes any of the provisions of

•this Act or any rules or regulations made thereunder,

•for which no specific punishment or penalty has been

•provided in this Act, shall be liable to penalty which

•may extend to two lakh rupees.

32A.Adjudication of penalties. ––(1) For the

•purpose of adjudicating penalties under section 32, the

•Central Government shall appoint an officer not below

•the rank of Deputy Secretary to the Government of

•India as an adjudicating officer for holding an inquiry

•and imposing penalties in such manner as may be

•prescribed:

•Provided that the Central Government may appoint

•as many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Whoever is aggrieved by the order of the

•adjudicating officer under sub-section (1), may within

•thirty days from the date of receipt of such order, prefer

•an appeal to an officer at least one rank higher than the

•adjudicating officer who shall be appointed by the

•Central Government as an appellate authority, in such

•form and manner as may be prescribed.

(3)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if the

•appellant satisfies the appellate auth ority that he had

•sufficient cause for not preferring the appeal within that

period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard, pass

•such an order as he may deem fit.

(5)An appeal under sub-section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicating officer under

•sub-section (1) or by an order of the appellate authority

•under sub-section (4), as the case may be, is not deposited,

•the amount shall be recovered as an arrear of land

revenue.”.

(C)For section 35, the following section shall be

•substituted, namely:—

•“35. Offences to be non -cognizable, bailable, and

compoundable.—(1) Notwithstanding anything

•contained in the Bharatiya Nagarik Suraksha

•Sanhita, 2023 (46 of 2023), every offence under this

•Act shall be non -cognizable, bailable, and

compoundable.

•157

(1)(2) (3) (4) (5)

(2)Any offence punishable under

•sub-sections (1), (3), (4) and (5) of section 31, may,

•before or after the institution of prosecution, be

•compounded by an officer designated by the Central

•Government by notification in this behalf, on

•payment for credit to the Central Government of such

•sum and in such manner as may be prescribed:

•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 offences so

•compounded:

•Provided further that in case of subsequent

•offence, the same shall not be compounded under

•sub-section (2).

(3)The officer referred to in sub -section (2) shall

•exercise the powers to compound an offence, subject

•to the direction, control and supervision of the Central

Government.

(4)Every application for the compounding of an

•offence shall be made in such form and manner as

•may be prescribed.

(5)Where any offence is compounded before the

•institution of any prosecution, no prosecution shall be

•instituted against the offender in relation to whom the

•offence is so compounded.

(6)Where the compounding of any offence is

•made after the institution of any prosecution, such

•composition shall be brought by the officer referred

•to in sub -section (2), in writing, to the notice of the

•court in which the prosecution is pending and on such

•notice for compounding the offence being given, the

•person against whom the offence is so compounded

•shall be discharged.

(7)Any person who fails to comply with the order

•of compounding made by the officer referred to in

•sub-section (2), shall be liable to pay a sum equivalent

•to twenty per cent. of the maximum fine provided for

•the offence, in addition to the fine provided for the

•said offence.

(8)No offence punishable under this Act shall be

•compounded except in accordance with the

•provisions of this section.”.

(D)In section 42, in sub-section (2), after clause (o),

•the following clauses shall be inserted, namely:—

•“(oa) the manner of holding an inquiry and

•imposing penalties under sub -section ( 1) of

SECTION Section 442

Untitled Section

•section 32A;

•158

(1)(2) (3) (4) (5)

•(ob) the form and manner of preferring an appeal to

•the appellate authority against the order of adjudicating

•officer under sub-section (2) of section 32A;

•(oc) the sum and manner of compounding under

•sub-section (2) of section 35;

•(od) the form and manner of making an application

•for compounding of an offence under sub-section (4)

•of section 35.”.

SECTION Section 443

Untitled Section

72.2021 1 The Major

•Port

•Authorities

•Act, 2021

(A)Chapter VII shall be omitted.

(B)Section 64 shall be omitted.

SECTION Section 444

Untitled Section

73.2021 14 The National

•Commission

•for Allied

•and

•Healthcare

•Professions

•Act, 2021

(A)In section 58, for the words “shall be punishable

•with fine which may extend to fifty thousand rupees and

•in case of a continuing offence with an additional fine

•which may extend to five thousand rupees per day after

•the first day during which the offence continues” the

•words “shall be liable to penalty which may extend to

•fifty thousand rupees and in case of a

•continuing contravention with an additional

•penalty which may exten d to five thousand

•rupees per day after the first day during

•which the offence contravention continues” shall be

substituted.

(B)After section 58, the following section shall be

•inserted, namely:—

•“58A. Adjudication of penalties. ––(1) For the

•purpose of adjudicating penalties under section 58,

•the Chairperson of the State Council shall be the

•adjudicating authority to hold inquiry and

•imposing penalties in such manner as may be

•prescribed:

•Provided that for the States where the State

•Councils have not been established, the

•Chairperson of the Commission shall perform the

•functions of the adjudication authority under

•sub-section ( 1) till such State Councils are

•established:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Whoever is aggrieved by an order of the

•adjudicating authority under sub -section ( 1) except

•the proviso thereof , may, within a period of thirty

•days from the date of receipt of such order,

•prefer an appeal to the Chairperson of the

•Commission, who shall be the appellate

•authority, in such form and manner as may be

•prescribed:

•159

(1)(2) (3) (4) (5)

•Provided that where the Chairperson of the

•Commission has performed the functions of the

•adjudicating authority under the first proviso to

•sub-section (1), the appeal shall lie to the Secretary to

•the Government of India, as may be appointed by the

•Central Government in this behalf.

(3)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if the

•appellant satisfies the appellate authority that he had

•sufficient cause for not preferring the appeal within

•that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub-section (4), as the case may be, is

•not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(C)In section 66, in sub-section (2),––

(i)in clause ( u), the word “and” occurring at the

•end, shall be omitted;

•(ii) after clause (u), the following clauses shall be

•inserted, namely:—

•“(ua) the manner of holding an inquiry and

•imposing penalties under sub-section ( 1) of

SECTION Section 445

Untitled Section

•section 58A;

•(ub) the form and manner of preferring appeal

•to the appellate authority against the order of

•adjudicating officer under sub -section ( 2) of

SECTION Section 446

Untitled Section

•section 58A;” .

SECTION Section 447

Untitled Section

74.2021 20 The Marine

•Aids to

•Navigation

•Act, 2021

(A)In section 41,—

(i)in sub-section (1), for the words “shall be liable

•to imprisonment for a term which may extend up to

•six months or with fine which may extend up to one

•lakh rupees, or with both”, the words “shall be liable

•to penalty which may extend up to one lakh rupees”

•shall be substituted;

•(ii) in sub -section (2), in opening portion, for the

•words “liable for punishment”, the words “liable to

•penalty” shall be substituted.

•160

(1)(2) (3) (4) (5)

(B)In section 42, for the words “for fine”, the words

•“to penalty” shall be substituted.

(C)After section 42, the following section shall be

•inserted, namely:—

•“42A. Adjudication of penalties. —(1) For the

•purpose of adjudicating penalties under sections 41

•and 42, the Central Government shall appoint an

•officer not below the rank of Deputy Secretary to the

•Government of India as an adjudicating officer for

•holding an inquiry and imposing penalties in such

•manner as may be prescribed:

•Provided that the Central Government may appoint

•as many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the date of receipt of such order,

•prefer an appeal to the Director General in such form

•and manner as may be prescribed.

(3)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if the

•appellant satisfies the appellate authority that he had

•sufficient cause for not preferring the appeal within

•that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportun ity of being heard,

•pass such an order as he may deem fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicating officer

•under sub -section ( 1) or by an order of the ap pellate

•authority under sub -section (4), as the case may be, is

•not deposited, the amount shall be recovered as an arrear

•of land revenue.”.

(D)In section 46, in sub-section (2), after clause (p),

•the following clauses shall be inserted, namely:—

•“(pa) the manner of holding an inquiry and imposing

•penalties under sub-section (1) of section 42A;

•(pb) the form and manner of preferring appeal to

•the appellate authority against the order of

•adjudicating officer under sub -section ( 2) of

SECTION Section 448

Untitled Section

•section 42A;”.

•161

(1)(2) (3) (4) (5)

SECTION Section 449

Untitled Section

75.2021 24 The Inland

•Vessels Act,

•2021

(A)In section 63, for the words “or an offence under

•this Chapter”, the words “or an offence or a

•contravention under this Chapter” shall be substituted.

(B)In Chapter XVI, in the Chapter heading, for the

•word “PENALTIES”, the word “PUNISHMENTS”

•shall be substituted;

(C)For section 87, the following section shall be

•substituted, namely:—

•“87. Offences and punishments. —(1) Whoever,

•contravenes any of the provisions of this Act, shall be

•liable to punishment or penalty as specified in the Table

•under sub-sections (2) and (3).

(2)The offences mentioned in column (3) of the

•Table below, shall be punishable to the extent mentioned

•in column (4) of the said Table :—

Sl.

•No

•Section Offence Punishment

(1)(2) (3) (4)

SECTION Section 45

Untitled Section

19.1954 27 The Delivery

•of Books and

•Newspapers

•(Public

•Libraries) Act,

•1954

(A)For section 5, the following sections shall be

•substituted, namely:––

•“5. Penalties. —(1) Any publisher, including a

•publishing house, a publishing agency or individual,

•who contravenes any provision of this Act or of any

•rule made thereunder, shall be given an opportunity

•to fulfil the conditions of the Act or to remedy the

•contravention within thirty days on the service of a

•notice informing them of the contravention.

(2)If on the expiry of thirty days from the date of

•service of the notice, the contravention persists—

(a)the registration of the publisher with the

•National Agency for International Standard Book

•Number shall be suspended for a period of one year

•or up to t he day the books are submitted to the

•designated libraries by the publisher, whichever is

•earlier;

(b)the publisher shall be debarred from

•receiving an International Standard Book Number

•for a period of one year or up to the day the books

•are submitted to the designated libraries by the

•publisher, whichever is earlier.

•24

(1)(2) (3) (4) (5)

(3)If the contravention persists, suspension of

•registration, and debarment, the publisher’s

•registration with National Agency for International

•Standard Book Number shall be permanently

•cancelled and the publisher shall be permanently

•debarred from receiving an International Standard

•Book Number.

5A.Adjudication of penalties.––For the purpose of

•adjudicating penalties under section 5, the Central

•Government shall appoint the Head of the Library as

•an adjudicating officer for holding an inquiry and

•imposing penalties in such manner as may be

•prescribed:

•Provided that the Central Government may appoint

•such other adjudicating officers as it may con sider

•necessary:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

5B.Appeal. ––(1) Any person aggrieved by an

•order of the adjudicating officer under section 5A

•may, within a period of thirty days from the date of

•receipt of such order, prefer an appeal to such officer,

•at least one rank higher than the adjudicating officer,

•as may be appointed by the Central Government as an

•appellate authority, in such form and manner as ma y

•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)An appeal under sub -section ( 1) shall be

•disposed of within sixty days from the date of filing.”.

(B)Section 6 shall be omitted.

SECTION Section 450

Untitled Section

1.14(1) Owner,

•operator or

•master of any

•mechanically

•propelled inland

•vessel, using

•such vessel,

•without a valid

•certificate of

•survey has acted

•in contravention

•of sub-section (1)

•of section 14.

•Fine

•which may

•extend to ten

•thousand

•rupees for the

•first offence

•and twenty -

•five thousand

•rupees for

•subsequent

offences.

SECTION Section 451

Untitled Section

2.18(1) Owner,

•operator or

•master of any

•mechanically

•propelled inland

•vessel

•proceeding on

•any voyage or

•use a

•mechanically

•propelled inland

•vessel required to

•be registered, for

•any service,

•without a valid

•certificate of

•registration and

•in contravention

•of sub-section (1)

•of section 18.

•Fine

•which may

•extend to ten

•thousand

•rupees for the

•first offence

•and fifty

•thousand

•rupees for

•subsequent

offences.

•162

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

SECTION Section 452

Untitled Section

3.30 Owner of any

•mechanically

•propelled inland

•vessel, has acted

•in contravention

•of section 30.

•Fine

•which may

•extend to ten

•thousand

•rupees per

•day or

•imprisonment

•which may

•extend to one

•year, or with

both.

SECTION Section 453

Untitled Section

4.34(2) Owner or

•operator on

•whose vessel,

•persons under the

•age of eighteen

•years are

•employed, has

•acted in

•contravention of

•sub-section (2) of

SECTION Section 454

Untitled Section

•section 34.

•Fine

•which may

•extend to five

•thousand

•rupees for

•every day of

•non-

•compliance

•or

•imprisonment

•not

•exceeding

•six months,

•or with both.

SECTION Section 455

Untitled Section

5.44 Owner or

•operator or any

•person

•responsible for

•the operation of

•special category

•vessel, which

•does not comply

•with the

•provisions of

SECTION Section 456

Untitled Section

•Chapter VII.

•Fine

•which may

•extend to ten

•thousand

•rupees for

•every day of

•non-

•compliance

•or

•imprisonment

•extending up

•to six

•months, or

•with both.

SECTION Section 457

Untitled Section

6.49 and

•50 (1)

•Owner,

•operator or

•master of any

•mechanically

•propelled vessel

•plying in inland

•waters abstaining

•from proceeding

•to render

•assistance after

•answering to the

•distress signal.

•Fine

•which may

•extend to ten

•thousand

rupees.

•163

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

SECTION Section 458

Untitled Section

7.51 (2) The owner,

•operator or

•master of any

•mechanically

•propelled inland

•vessel

•proceeding to

•conduct any

•voyage without

•complying with

•the requirements

•of navigation

•aids, life -saving

•appliances, fire

•detection and

•extinguishing

•appliances and

•communication

•appliances as

•specified under

•sub-section (2) of

SECTION Section 459

Untitled Section

•section 51.

•Fine

•which may

•extend up to

•fifty

•thousand

rupees.

SECTION Section 46

Untitled Section

20.1956 31 The Life

•Insurance

•Corporation

•Act, 1956

(A)In section 4D,—

(i)in sub-section (2), for the words “on a director

•or employee”, the words “on any person” shall be

•substituted;

•(ii) in sub-section (4), for the words “A director or

•employee aggrieved by any order”, the words “Any

•person aggrieved by an order” shall be substituted;

•(iii) in sub -section ( 5), for the words “Where a

•director or employee of the Corporation”, the words

•“Where any person” shall be substituted.

•25

(1)(2) (3) (4) (5)

(B)In section 40, for the words “punishable with

•imprisonment which may extent 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

•lakh rupees or the value of the property, whichever is

•higher, in respect of each contravention, and if he

•continues such contravention, to a further penalty which

•may extend to fifty thousand rupees for every day during

•which the contravention continues” shall be substituted.

SECTION Section 460

Untitled Section

8.52(2)

•and (3)

•The owner,

•operator or

•master of any

•mechanically

•propelled vessel

•causing pollution

•by discharging or

•dumping of

•pollutants in

•inland waters.

•Fine

•which may

•extend to

•fifty

•thousand

rupees.

SECTION Section 461

Untitled Section

9.53(4) The owner,

•operator or

•master of any

•mechanically

•propelled vessel,

•who are required

•under this Act

•to possess a

•valid

•prevention of

•pollution

•certificate,

•plying or using

•the vessel

•without the said

•valid

certificate.

•Fine

•which may

•extend to

•twenty-five

•thousand

rupees.

•164

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

SECTION Section 462

Untitled Section

10.57 Any owner,

•operator or any

•person who

•intentionally

•cause wreck

•within inland

waters.

•Fine

•amounting to

•fifty

•thousand

•rupees and

•imprisonment

•which may

•extend to

•three years.

SECTION Section 463

Untitled Section

11.82 Master or

•operator of any

•foreign vessels

•acting in

•contravention of

•sub-section (1) of

SECTION Section 464

Untitled Section

•section 82.

•Fine

•which may

•extend to

•fifty

•thousand

•rupees or

•imprisonment

•which may

•extend to one

•year, or with

both.

SECTION Section 465

Untitled Section

12.83 Owner,

•operator or

•master of

•mechanically

•propelled inland

•vessel, who does

•not comply with

•the requirement

•of pilotage in

•contravention of

SECTION Section 466

Untitled Section

•section 83.

•Fine

•which may

•extend to

•fifty

•thousand

•rupees or

•imprisonment

•which may

•extend to

•three years,

•or with both.

(3)The contravention specified in column (3) of

•the Table below shall be liable to penalties specified

•in column (4) of the said Table:—

•Table

Sl.

•No

•Section to

•which

•contravention

•is referred

•Contravention Penalty

(1)(2) (3) (4)

SECTION Section 467

Untitled Section

1.8 Any owner,

•operator or

•construction

•yard, found

•guilty of

•construction,

•alteration or

•modification

•of

•mechanically

•Penalty

•which may

•extend to

•ten

•thousand

•rupees for

•every non -

•compliance

found.

•165

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

•propelled

•inland vessel

•in

•contravention

•of section 8.

SECTION Section 468

Untitled Section

2.19(1) Owner or

•master who

•does not carry

•a valid

•certificate of

•registration or

•not making

•the same

•available for

•inspection,

•has acted in

•contravention

•of sub -section

(1)of section

SECTION Section 469

Untitled Section

19.

•Penalty

•which may

•extend to

•ten

•thousand

•rupees for

•every non -

•compliance

found.

SECTION Section 47

Untitled Section

21.1956 48 The National

•Highways

•Act, 1956

•For section 8B, the following section shall be

•substituted, namely:—

•“8B. Penalty for mischief by injury to national

highway.––(1) Whoever commits mischief by doing

•any act which renders or which he knows to be likely

•to render any national highway in sub -section (1) of

SECTION Section 470

Untitled Section

3.24(3) Owner not

•displaying the

•official

•number on the

•conspicuous

•part of a

•vessel has

•acted in

•contravention

•of sub -section

(3)of section

SECTION Section 471

Untitled Section

24.

•Penalty

•which may

•extend to

•ten

•thousand

rupees.

SECTION Section 472

Untitled Section

4.27 Owner,

•operator or

•any person

•responsible

•for the

•operation of

•the vessel, has

•acted in

•contravention

•of section 27.

•Penalty

•which may

•extend to ten

•thousand

•rupees for the

•first

•contravention

•and twenty -

•five thousand

•rupees for

•subsequent

contraventions.

SECTION Section 473

Untitled Section

5.28(2) Owner,

•operator or

•master of any

•mechanically

•propelled

•inland vessel

•not registering

•the details of

•Penalty

•which may

•extend to ten

•thousand

•rupees for

•the first

•contravention

•166

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

•alterations that

•are mandated to

•be registered as

•specified in

•sub-section (2) of

SECTION Section 474

Untitled Section

•section 28.

•and twenty-

•five

•thousand

•rupees for

•subsequent

contraventions.

SECTION Section 475

Untitled Section

6.29 Owner or

•operator of any

•mechanically

•propelled inland

•vessel, who does

•not comply with

•the requirements

•or has acted in

•contravention of

SECTION Section 476

Untitled Section

•section 29.

•Penalty

•which may

•extend to five

•hundred

•rupees for

•every day of

•non-

compliance.

SECTION Section 477

Untitled Section

7.32(1) Owner of any

•mechanically

•propelled inland

•vessel, has acted

•in contravention

•of sub-section (1)

•of section 32.

•Penalty

•which may

•extend to

•five

•thousand

•rupees for

•every day of

•non-

compliance.

SECTION Section 478

Untitled Section

8.35 Owner or

•operator of any

•mechanically

•propelled inland

•vessel without

•complying with

•the specified

•minimum

•manning scale

•has acted in

•contravention to

SECTION Section 479

Untitled Section

•section 35.

•Penalty

•which may

•extend to ten

•thousand

•rupees for

•the first

•contravention

•and twenty -

•five

•thousand

•rupees for

•subsequent

contraventions.

SECTION Section 48

Untitled Section

•section 8A impassable or less safe for travelling or

•conveying property, shall be liable to penalty which

•shall not be less than ten lakh rupees, but may extend

•to one crore rupees.

(2)The Highway Administration or officer

•authorised by such Administration under the Control

•of National Highway s (Land and Traffic) Act, 2002

•(13 of 2003) shall have the power to impose and

•recover the penalty under sub -section ( 1), together

•with such exp enses and additional charges as

•prescribed in the Control of National Highway (Land

•and Traffic) Act, 2002, in the same manner as

•prescribed in section 26 of the said Act.”.

SECTION Section 480

Untitled Section

9.40(1)

•and (4)

•The holders of

•certificate of

•competency, has

•acted in

•contravention to

•the provisions of

•this Act or not

•surrendered the

•suspended,

•cancelled or

•varied certificate

•Penalty

•which may

•extend to five

•thousand

•rupees per

day.

•167

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

•issued under

•non-submission

•of suspended or

•cancelled

certificates.

SECTION Section 481

Untitled Section

10.47 Owner,

•operator or

•master of any

•mechanically

•propelled vessel

•registered,

•recognised or

•identified under

•this Act, for not

•equipping the

•vessels or

•exhibiting the

•lights and signals

•specified under

SECTION Section 482

Untitled Section

•Chapter VIII.

•Penalty

•which may

•extend to ten

•thousand

•rupees for the

•first

•contravention

•and twenty-five

•thousand

•rupees for

•subsequent

contraventions.

SECTION Section 483

Untitled Section

11.48 Owner,

•operator or

•master not

•ensuring safe

•navigation or

•causing damage

•due to non

•observance of

regulations.

•Penalty

•which may

•extend to

•twenty-five

•thousand

rupees.

SECTION Section 484

Untitled Section

12.54(2)

•and (5)

•The owner or

•operator of any

•reception facility

•who does not

•comply with the

•standards and

•obligations

stipulated.

•Penalty

•which may

•extend to fifty

•thousand

rupees.

SECTION Section 485

Untitled Section

13.55(4) The owner or

•operator of the

•terminal who

•operates

•without

•complying with

•the notice

•issued under

•sub-section ( 4)

•of section 55.

•Penalty

•which may

•extend to fifty

•thousand

rupees.

SECTION Section 486

Untitled Section

14.58(2) Any person

•who is guilty of

•offence

•committed by

•contravention

•of sub -section

(2)of

SECTION Section 487

Untitled Section

•section 58.

•Penalty

•which may

•extend to ten

•thousand

rupees.

•168

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

SECTION Section 488

Untitled Section

15.66 Any owner or

•master plying

•any mechanically

•propelled inland

•vessel without a

•valid insurance

•as provided

•under section 66.

•Penalty

•which may

•extend to ten

•thousand

•rupees and

•detention of

•the vessel till

•certificate of

•insurance is

procured.

SECTION Section 489

Untitled Section

16.74(2) The owner,

•operator or

•master of any

•mechanically

•propelled inland

•vessel not

•complying with

•sub-section (2) of

SECTION Section 49

Untitled Section

22.1956 96 The Slum

•Areas

•(Improvement

•and

•Clearance)

•Act, 1956

(A)In section 32,––

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

•with imprisonment for a term which may extend to

•three months, or with fine which may extend to one

•thousand rupees, or with both”, the words “liable to

•penalty, which may extend to ten thousand rupees for

•each failure and in case of continuing failure, with an

•additional penalty of one thousand rupees for every

•day during which such failure continues after

•contravention of the first such notice, order or

•direction subject to a maximum of one lakh rupees”

•shall be substituted;

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

•with imprisonment which may extend to three

•months, or with fine which may extend to one

•thousand rupees, or with both”, the words “liable to

•penalty, which may extend to ten thousand rupees for

•each failure and in case of continuing failure, with an

•additional penalty of one thousand rupees for every

•day during which such failure continues after

•contravention of the first such restriction or condition,

•subject to a maximum of one lakh rupees” shall be

•substituted;

•26

(1)(2) (3) (4) (5)

•(iii) after sub -section ( 2), the following proviso

•shall be inserted, namely:––

•“Provided that in cases where such

•contravention directly results in significant harm to

•public health or human life, the offender shall be

•punishable with imprisonment which may extend

•to three months, or with fine or with both.”;

•(iv) in sub -section (3), for the words “or molests

•such person after such entry shall be punishable with

•fine which may extend to one thousand rupees”, the

•words “shall be liable to penalty which may extend to

•ten thousand rupees” shall be substituted;

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

•sub-section shall be inserted, namely:—

•“(3A) Where an y person intentionally obstructs a

•person authorised under this Act, by using

•or threatening to use force, or by any act

•of physical interference that prevents such officer

•from exercising any lawful power or perform ing

•any lawful duty under this Act, shall be punishable

•with imprisonment of either description for a term

•which may extend to three months, or with fine

•which may extend to two thousand and five

•hundred rupees, or with both.

Explanation.––For the purposes of this section,

•obstruction shall not include any act or omission

•arising from physical or mental incapacity,

•unintentional conduct, or circumstances beyond

•the person’s control.”.

(B)After section 32, the following section shall be

•inserted, namely:—

•“32A. Adjudication of penalties. ––(1) For the

•purpose of adjudicating penalties under sub -sections

(1), (2) and (3) of section 32, the Administrator may

•appoint an officer as an adjudicating officer for

•holding an inquiry and imposing penalties in such

•manner as may be prescribed:

•Provided that the Administrator concerned may

•appoint as many adjudicating officers as may be

•required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Whoever, aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the date of receipt of such order,

•prefer an appeal to an officer one rank higher than the

•adjudicating officer to be appointed as an appellate

•authority by the Administrator, in such form and

•manner as may be prescribed.

•27

(1)(2) (3) (4) (5)

(3)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.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such order as he may think fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub-section (4), as the case may be, is

•not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(C)In section 38, for the words, figures and brackets

•“section 21 of the Indian Penal Code (45 of 1860)”, the

•words, brackets and figures “clause (28) of section 2 of

•the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall

•be substituted.

(D)In section 40, in sub -section ( 2), after

SECTION Section 490

Untitled Section

•section 74.

•Penalty

•which may

•extend to ten

•thousand

rupees.

SECTION Section 491

Untitled Section

17.79(2) Any person

•who holds a

•certificate issued

•under Chapter VI

•and fails to

•surrender

•suspended or

•cancelled

certificates.

•Penalty

•which may

•extend to ten

•thousand

•rupees for

•every day of

•non-

submission.

SECTION Section 492

Untitled Section

18.80 Any person, in

•the capacity of a

•service provider

•or a service user,

•who acts in

•contravention of

SECTION Section 493

Untitled Section

•section 80.

•Penalty

•which may

•extend to

•fifty

•thousand

rupees.

SECTION Section 494

Untitled Section

19.97 Any person

•employed on

•inland vessel for

•neglect or refusal

•to join or

•desertion of

•vessel in

•violation of his

•obligation as

•provided under

SECTION Section 495

Untitled Section

•section 97.

•Forfeiture

•of a sum not

•exceeding

•two days ’

•pay, and in

•addition for

•every

•twenty-four

•hours of

•absence,

•either a sum

•not

•exceeding

•six days’ pay

•or any

•expenses

•169

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

•properly

•incurred in

•hiring a

•substitute,

•from his

wages.

SECTION Section 496

Untitled Section

20.102 Any person

•found guilty of

•causing

•obstruction or

•has acted in

•contravention of

SECTION Section 497

Untitled Section

•section 102.

•Penalty

•which may

•extend to

•fifty

•thousand

rupees.

(4)Where the owner or master of any mechanically

•propelled inland vessel is convicted of an offence under

•this Act or any rule made thereunder, committed on

•board, or in relation to that mechanically propelled

•vessel, and is sentenced to pay a fine, the Magistrate who

•passes the sentence may direct the amount of the fine to

•be levied by distress and sale of the mechanically

•propelled vessel, or its appurtenance so much thereof as

•is necessary.

(5)Where an inland vessel has been used in

•contravention of the provisions of this Act or the rules

•made thereunder, the details of the offence or

•contravention, the offender or person liable and the

•vessel shall be recorded in such form and manner, as

•may be specified by the Central Government by

notification.

(6)T he State Government shall appoint courts not

•inferior to that of a Magistrate of the first class, for the

•purpose of conducting trial of any person who is charged

•of any offence as provided under this Act or the rules

•made thereunder.”.

(D)After section 8 7, the following sections shall be

•inserted, namely:—

•“87A. Adjudication of penalties. ––(1) For the

•purpose of adjudicating penalties under section 87,

•the State Government shall appoint an officer not

•below the rank of Under Secretary to the

•Government of India or an officer of an equivalent

•rank in the State Government as an adjudicating

•officer for holding an inquiry and imposing penalties

•in such manner as may be prescribed:

•Provided that the State Government may

•appoint as many adjudicating officers as may be

•required:

•170

(1)(2) (3) (4) (5)

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Whoever is aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the date of receipt of such order,

•prefer an appeal to such officer at least one rank

•higher than the adjudicating officer appointed by the

•State Government as an appellat e authority, in such

•form and manner as may be prescribed.

(3)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if the

•appellant satisfies the appellate authority that he had

•sufficient cause for not preferring the appeal within

•that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicatin g officer

•under sub-section (1) or by an order of the appellate

•authority under sub-section (4), as the case may be, is

•not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(E)In section 107, in sub-section (2), after clause (z),

•the following clauses shall be inserted, namely:—

•“(zz) the manner of holding an inquiry and imposing

•penalties under sub-section (1) of section 87A;

•(zzz) the form and manner of preferring an appeal to

•the appellate authority against the order of adjudicating

•officer under sub-section (2) of section 87A;” .

SECTION Section 498

Untitled Section

76.2022 13 The Indian

•Antarctic

•Act, 2022

(A)In section 41,—

(i)in clause ( e), for the words and figures “or

SECTION Section 499

Untitled Section

•section 32”, the words, brackets and figures “or

•sub-section (2) of section 32” shall be substituted;

•(ii) after clause ( e), the following clause shall be

•inserted, namely:—

•“(f) any person who obstructs any inspection

•team authorised under section 31 in the lawful

•exercise of any functions of inspection conferred

•by or under this Act in Antarctica, shall be

•punishable with imprisonment for a term which

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

•not be less than five lakh rupees but

•which may extend to twenty lakh rupees, or with

•both:

•171

(1)(2) (3) (4) (5)

•Provided that obstruction shall not include any

•act or omission arising from physical or mental

•incapacity, unintentional conduct, or

•circumstances beyond the control of a person.”.

(B)In section 44, for the words “punishable with

•fine”, the words “liable to penalty” shall be substituted.

(C)After section 44, the following section shall be

•inserted, namely:—

•“44A. Adjudication of penalties. —(1) For the

•purpose of adjudicating penalties under section 44,

•the Central Government shall appoint an officer not

•below the rank of Joint Secretary to the Government

•of India as an adjudicating officer for holding an

•inquiry and imposing penalties in such manner as

•may be prescribed:

•Provided that the Central Government may appoint

•as many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Any person aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the date of receipt of such order,

•prefer an appeal to such officer, at least one rank

•higher than the adjudicating officer, as may be

•appointed by the Central Government as an appellate

•authority, in such form and manner as may be

prescribed.

(3)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if the

•appellant satisfies the appellate authority that he had

•sufficient cause for not preferring the appeal within

•that period.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub-section (4), as the case may be, is

•not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(D)In section 55, in sub -section (2), after clause (s),

•the following clauses shall be inserted, namely:—

•“(sa) the manner of holding an inquiry and

•imposing penalties under sub -section ( 1) of

SECTION Section 5

Untitled Section

5.(1) If any difficulty arises in giving effect to the provisions of different

•enactments mentioned in the Schedule as amended by this Act, the Central

•Government may, by order published in the Official Gazette, make such provisions,

•not inconsistent with the provision s of the enactments as amended by this Act, as

•appear to it to be necessary or expedient for removing the difficulty:

•Provided that no such order shall be made after the expiry of a period of two

•years from the date of commencement of this Act.

(2)Every order made under sub-section (1) shall, as soon as may be after it is

•made, be laid before each House of Parliament.

•5

•10

•15

•20

•25

•30

•35

•3

•THE SCHEDULE

•(See section 2)

Sl.

No.

•Year No. Short title Amendments

(1)(2) (3) (4) (5)

SECTION Section 50

Untitled Section

•clause (eeeeee), the following clauses shall be inserted,

•namely:––

•“(eeeeeea) the manner of holding an inquiry and

•imposing penalties under sub -section ( 1) of

SECTION Section 500

Untitled Section

•section 44A;

•172

(1)(2) (3) (4) (5)

•(sb) the form and manner of preferring appeal to

•the appellate authority against the order of

•adjudicating officer under sub -section (2) of section

•44A;” .

SECTION Section 501

Untitled Section

77.2023 18 The Jan

•Vishwas

•(Amendment

•of

•Provisions)

•Act, 2023

•After section 3, the following proviso shall be

•inserted, namely:––

•“Provided that notwithstanding anything

•contained in this section, if any enactment mentioned

•in the Schedule provides the manner of revision of

•fines and penalties therein, only the said provision

•shall be applicable for increase of fines and penalties

•for provisions of such enactment.”.

SECTION Section 502

Untitled Section

78.2025 20 The Coastal

•Shipping

•Act, 2025

(A)In section 16, for the words “punishable with

•imprisonment for a term which may extend to six

•months, or with fine”, the words “liable to penalty” shall

•be substituted.

(B)In section 18, in the long line , for the words

•“punishable with imprisonment for a term which may

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

•to fifty thousand rupees, or with both”, the words

•“liable to penalty which may extend to two lakh

•rupees” shall be substituted.

(C)In section 26, in sub-section (1), for the words and

•figures “offence punishable under sections 15 to 20 of

•this Act may”, the words and figures “any offence

•punishable under sections 15, 17, 19 and 20, may” shall

•be substituted.

(D)In section 30,––

(i)in s ub-section (1), after the word “under”, the

•words and figures “sections 16, 18 and” shall be

•inserted;

•(ii) in sub-section (5), after the word “under”, the

•words and figures “sections 16, 18 and” shall be

inserted.

SECTION Section 503

Untitled Section

79.2025 24 The

•Merchant

•Shipping

•Act, 2025

(A)In section 281,––

(i)in sub -section ( 2), in the Table, after serial

no.96 and the entries relating thereto, the following

•serial number and entries shall be inserted, namely:—

Sl.

No.

•Contravention Sections Penalties

(1)(2) (3) (4)

•“97. If a

•seafarer on or

•before being

•engaged

•wilfully and

•General Penalty which

•may extend to

•fifty thousand

rupees.”;

•173

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

•fraudulently

•makes a false

•statement of the

•name of his last

•vessel or

•alleged last

•vessel or

•wilfully and

•fraudulently

•makes a false

•statement of his

•own name.

•(ii) in sub -section (3), in the Table, serial no. 12

•and the entries relating thereto shall be omitted.

(B)After section 282, the following section shall be

•inserted, namely:—

•“282A. Compounding for certain offences. ––(1)

•Notwithstanding anything contained in the Bharatiya

•Nagarik Suraksha Sanhita, 2023 (46 of 2023), the

•offences under section 38, clause (d) of sub-section (1)

•of section 99 and sub -section ( 1) of section 139,

•which are punishable to the extent of punishment

•specified at Serial Numbers 3, 9 and 15 respectively

•may, before or after the institution of prosecution, be

•compounded by an officer designated by the Cent ral

•Government by notification in this behalf, on

•payment for credit to the Central Government

•of such sum and in such manner as may

•be prescribed:

•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 offences so

•compounded:

•Provided further that in case of subsequent

•offence, the same shall not be compounded.

(2)The officer referred to in sub -section (1) shall

•exercise the powers to compound an offence, subject

•to the direction, control and supervision of the Central

Government.

(3)Every application for the compounding of an

•offence shall be made in such form and manner as

•may be prescribed.

(4)Where any offence is compounded befor e the

•institution of any prosecution, no prosecution shall be

•instituted against the offender in relation to whom the

•offence is so compounded.

•174

(1)(2) (3) (4) (5)

(5)Where the compounding of any offence is

•made after the institution of any prosecution, such

•composition shall be brought by the officer referred

•to in sub -section (1), in writing, to the notice of the

•court in which the prosecution is pending and on such

•notice for compounding the offence being given, the

•person against whom the offence is so compounded

•shall be discharged.

(6)Any person who fails to comply with the order

•of compounding made by the officer referred to in

•sub-section (1), shall be liable to pay a sum equivalent

•to twenty per cent. of the maximum fine provided for

•the offence, in addition to the fine provided for the

•said offence.

(7)No offence punishable under this Act shall be

•compounded except in accordance with the

•provisions of this section.”.

(C)In section 319, in sub-section (2), after clause (e),

•the following clause shall be inserted, namely:—

•“(ea) the application for the compounding of an

•offence, the form and its manner and the sum payable

•under sub-sections (1) and (3) of section 282A;”.

SECTION Section 504

Untitled Section

80.2025 27 The Indian

•Ports Act,

•2025

(A)After section 53, the following section shall be

•inserted, namely:—

•“53A. Compounding of certain offences. —(1)

•Notwithstanding anything contained in the Bharatiya

•Nagarik Suraksha Sanhita, 2023 (46 of 2023), the

•offences under sub-section (3) of section 29, section 30

•and section 31, which are punishable to the extent of

•punishment specified in the First Schedule under

•sub-section (2) of section 53 of this Act may, before

•or after the institution of prosecution, be compounded

•by the conservator on payment fo r credit to the

•appropriate Government of such sum and in such

•manner as may be notified by the appropriate

•Government:

•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 s so

•compounded:

•Provided further that in case of second and

•subsequent offence, the same shall not be

compounded.

(2)The officer referred to in sub -section (1) shall

•exercise the powers to compound an offence, subject

•to the direction, control and super vision of the

•appropriate Government.

(3)Every application for the compounding of an

•offence shall be made in such form and manner as

•may be notified by the appropriate Government.

•175

(1)(2) (3) (4) (5)

(4)Where any offence is compounded before the

•institution of any prosecution, no prosecution shall be

•instituted against the offender in relation to whom the

•offence is so compounded.

(5)Where the compounding of any offence is

•made after the institution o f any prosecution, such

•composition shall be brought by the officer referred

•to in sub -section (1), in writing, to the notice of the

•court in which the prosecution is pending and on such

•notice for compounding the offence being given, the

•person against wh om the offence is so compounded

•shall be discharged.

(6)Any person who fails to comply with an order

•of compounding made by the officer referred to in

•sub-section (1), shall be liable to pay a sum equivalent

•to twenty per cent. of the maximum fine provided for

•the offence, in addition to fine provided for the said

offence.

(7)No offence punishable under this Act shall be

•compounded except in accordance with the

•provisions of this section.”.

(B)For section 54, the following section shall be

•substituted, namely:—

•“54. Authority for imposition of penalty and

•procedure therefor.—(1) The authority for imposing

•the penalty under the Second Schedule with regard to

•contravention listed under sub-section (3) of section 15,

•where the contravention is by port officer, shall be the

•conservator and where the contravention is by the

•port, shall be such officer, as may be notified by the

•State Government.

(2)For the purpose of imposition of penalty under

•this Chapter, where the conservator is a body of

•persons, the authority for imposition of penalty shall

•mean, one person appointed from amongst such body

•of persons, in such manner as may be prescribed by

•the appropriate Government.

(3)The authority for imposing the penalty unde r

•the Second Schedule with regard to contraventions

•listed under section 19, section 20, sub-section (1) of

SECTION Section 505

Untitled Section

•section 22, section 23, sub -section (1) of section 26,

•sub-section ( 1) of section 32, section 39,

•sub-section (1) of section 40, section 41, section 43,

•sub-section (2) of section 47, section 49, sub -section

(1)of section 52, section 57, section 65 shall be the

conservator.

(4)The authority for imposing the penalty under

•the Second Schedule with regard to section 36,

SECTION Section 506

Untitled Section

•section 37, sub-section (1) of section 38, sub-section

•176

(1)(2) (3) (4) (5)

(2)of section 38, sub -section ( 3) of section 38,

•sub-section ( 1) of section 44, sub -section ( 2) of

SECTION Section 507

Untitled Section

•section 44, sub-section (1) of section 66, sub-section (4)

•of section 66, section 67, section 68, sub-section (1) of

SECTION Section 508

Untitled Section

•section 69 and sub -section (2) of section 69 shall be

•the concerned principal officer under the Merchant

•Shipping Act, 2025 (24 of 2025).

(5)Before imposing any penalty specified un der

•the Second Schedule, the parties shall be given an

•opportunity of being heard.

(6)Every order of imposition of penalty under this

•section shall be in writing.”.

(C)In section 58, the words “by the conservator” shall

•be omitted.

(D)For the First Schedule and the Second Schedule,

•the following Schedules shall be substituted, namely:—

•“THE FIRST SCHEDULE

•[See section 53A(1)]

•Punishment for certain offences

•Serial

No.

•Offences Section to

•which

•offence is

•referred

•Punishment

(1)(2) (3) (4)

SECTION Section 509

Untitled Section

1.If any port

•commences or

•carries on

•operations in

•contravention

•of section 10

•10 Fine

•which may

•extend to one

•lakh rupees

•and in

•addition, a

•fine which

•may extend

•to ten

•thousand

•rupees for

•every day

•during which

•the offence

•continues

•after

conviction.

SECTION Section 51

Untitled Section

•section 32A;

•(eeeeeeb) the form and manner of preferring

•appeal to the appellate autho rity against the order of

•adjudicating officer under sub -section ( 2) of

SECTION Section 510

Untitled Section

2.If any master

•of a vessel fails

•to permit warps

•or hawsers to be

•made fast or let

•go of any warps

•or hawsers in

•contravention

•of section 27

•27 Imprison

•ment which

•may extend

•to six months

•or fine which

•may extend

•to one lakh

•rupees or

both.

•177

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

SECTION Section 511

Untitled Section

3.If master

•omits to take

•order to

•extinguish the

•fire or obstructs

•the conservator

•or any person in

•extinguishing

•or attempting to

•extinguish the

•fire, in

•contravention

•of section 28

•28 Imprison

•ment which

•may extend

•to six months

•or fine which

•may extend

•to one lakh

•rupees or

both.

SECTION Section 512

Untitled Section

4.If any person

•does or omits to

•do any act

•relating to

•safety of

•vessels in

•contravention

•of sub -section

(1)of section 29

•29(1) Imprison

•ment which

•may extend

•to six months

•or fine which

•may extend

•to one lakh

•rupees or

both.

SECTION Section 513

Untitled Section

5.If the master

•of the vessel

•causes or suffer

•any warp or

•hawser attached

•to his vessel to

•be left out in

•any port in

•contravention

•of sub -section

(2)of section 29

•29(2) Imprison

•ment which

•may extend

•to six months

•or fine which

•may extend

•to one lakh

•rupees or

both.

SECTION Section 514

Untitled Section

6.If any person

•commits any

•act in

•contravention

•of sub -section

(3)of section 29

•29(3) Imprison

•ment which

•may extend

•to six months

•or fine which

•may extend

•to one lakh

•rupees or

both.

SECTION Section 515

Untitled Section

7.If any

•unauthorised

•person searches

•for lost stores in

•contravention

•of section 30

•30 Imprison

•ment which

•may extend

•to six months

•or fine which

•may extend

•to one lakh

•rupees or

both.

•178

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

SECTION Section 516

Untitled Section

8.If any person

•injures any

•bank or shore in

•contravention

•of section 31

•31 Imprisonm

•ent which may

•extend to six

•months or fine

•which may

•extend to one

•lakh rupees or

both.

SECTION Section 517

Untitled Section

9.If any port

•fails to obtain

•prior clearance in

•contravention of

SECTION Section 518

Untitled Section

•section 71

•71 Fine which

•may extend to

•fifty thousand

rupees.

•THE SECOND SCHEDULE

•[See section 54(3)]

•Penalty for certain contraventions

Sl.

No.

•Contravention Section Penalties

(1)(2) (3) (4)

SECTION Section 519

Untitled Section

1.If any port

•other than

•major port or

•port officer fails

•to comply with

•directions of the

•State Maritime

•Board under

•sub-section ( 3)

•of section 15

•15(3) In case of

•contravention

•by a port

•officer, penalty

•which may

•extend to ten

•thousand

•rupees and in

•addition,

•penalty not

•exceeding one

•thousand

•rupees for every

•day during

•which such

•default

continues.

•In case of

•contravention

•by port, penalty

•which may

•extend to two

•lakh rupees and

•in addition,

•penalty not

•exceeding

•twenty

•thousand

•rupees for every

•day during

•which such

•default

continues.

•179

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

SECTION Section 52

Untitled Section

•section 32A;”.

SECTION Section 520

Untitled Section

2.If any person

•refuses or

•neglects to obey

•any direction of

•the conservator

•issued under

SECTION Section 521

Untitled Section

•section 19

•19 Penalty

•which may

•extend to

•twenty

•thousand

•rupees and in

•addition,

•penalty not

•exceeding

•five thousand

•rupees for

•every day

•during which

•such default

continues.

SECTION Section 522

Untitled Section

3.If any owner

•has without

•lawful excuse

•caused any

•obstruction or

•impediment

•under

SECTION Section 523

Untitled Section

•section 20

•20 Penalty

•which may

•extend to two

•lakh rupees

•and in

•addition,

•penalty not

•exceeding

•twenty

•thousand

•rupees for

•every day

•during which

•such default

continues.

SECTION Section 524

Untitled Section

4.If any master

•of a vessel or

•any other

•person lifts the

•buoys or

•moorings

•without

•assistance of

•the conservator

•in

•contravention

•of sub -section

(1)of section 22

•22(1) Penalty

•which may

•extend to one

•lakh rupees.

SECTION Section 525

Untitled Section

5.If the master

•of the vessel, or

•any person in

•possession or

•occupation of

•the building or

•place, without

•lawful excuse,

•23 Penalty

•which may

•extend to ten

•thousand

•rupees for the

•first

•contravention

•and in

•180

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

•refuses to allow

•the conservator

•or any person to

•board or enter

•such vessel,

•building or

•place in

•contravention

•of section 23

•addition,

•penalty

•not

•exceeding

•ten

•thousand

•rupees for

•every day

•during

•which

•such

•default

continues.

SECTION Section 526

Untitled Section

6.If any person

•without lawful

•excuse,

•removes,

•destroys or

•damages any

•property in

•contravention

•of sub-section

(1)of section 26

•26(1) Penalty

•which

•may

•extend to

•one lakh

•rupees

•and in

•addition,

•expenses

•for any

•loss,

•destruction

•or damage

•suffered

•by the

•port,

•including

•expenses

•of any

•inspection

•or survey

•carried

out.

SECTION Section 527

Untitled Section

7.If any owner

•or master of a

•vessel enters,

•leaves or moves

•in any port in

•contravention

•of sub -section

(1)of section 32

•32(1) Penalty

•which

•may

•extend to

•two lakh

rupees.

SECTION Section 528

Untitled Section

8.If any port

•fails to provide

•adequate

•reception

•facilities in

•contravention of

SECTION Section 529

Untitled Section

•section 36

•36 Penalty

•which

•may

•extend to

•two lakh

rupees.

•181

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

SECTION Section 53

Untitled Section

23.1957 14 The Copyright

•Act, 1957

SECTION Section 530

Untitled Section

9.If any port

•fails to comply

•with directions

•of the Central

•Government

•under

SECTION Section 531

Untitled Section

•section 37

•37 Penalty

•which

•may

•extend to

•one lakh

•rupees

•and in

•addition,

•penalty

•which

•may

•extend to

•twenty

•thousand

•rupees for

•every day

•during

•which

•such

•default

continues.

SECTION Section 532

Untitled Section

10.If any port

•fails to prepare

•a port waste

•reception and

•handling plan in

•contravention

•of sub -section

(1)of section 38

•38(1) Penalty

•which

•may

•extend to

•one lakh

rupees.

SECTION Section 533

Untitled Section

11.If any port

•fails to

•implement the

•approved port

•waste reception

•and handling

•plan in

•contravention of

•sub-section ( 2)

•of section 38

•38(2) Penalty

•which

•may

•extend to

•one lakh

rupees.

SECTION Section 534

Untitled Section

12.If any port

•fails to

•communicate

•any information

•to vessels in

•contravention of

•sub-section ( 3)

•of section 38

•38(3) Penalty

•which

•may

•extend to

•twenty

•thousand

rupees.

SECTION Section 535

Untitled Section

13.If any

•operator, agent

•or master of a

•vessel fails to

•submit an

•39 Penalty

•which

•may

•extend to

•twenty

•182

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

•advance waste

•notice in

•contravention

•of section 39

•thousand

rupees.

SECTION Section 536

Untitled Section

14.If any

•master of a

•vessel fails to

•deliver all its

•vessel-

•generated

•waste to a

•reception

•facility in

•contravention

•of sub -section

(1)of

SECTION Section 537

Untitled Section

•section 40

•40(1) Penalty

•which

•may

•extend to

•one lakh

rupees.

SECTION Section 538

Untitled Section

15.If the owner

•or master of any

•vessel fails to

•pay the charges

•payable or fails

•to comply with

•the conditions

•under

SECTION Section 539

Untitled Section

•section 41

•41 Penalty

•which

•may

•extend to

•twenty

•thousand

•rupees

•and in

•addition,

•penalty

•which

•may

•extend to

•two

•thousand

•rupees for

•every day

•during

•which

•such

•default

continues.

SECTION Section 54

Untitled Section

•Section 67 shall be omitted.

SECTION Section 540

Untitled Section

16.If any person

•fails to upload

•information on

•the portal in

•contravention of

SECTION Section 541

Untitled Section

•section 43

•43 Penalty

•which

•may

•extend to

•ten

•thousand

rupees.

SECTION Section 542

Untitled Section

17.If any port

•fails to repor t

•the particulars

•of any incident

•44(1) Penalty

•which

•may

•extend to

•183

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

•in

•contravention

•of sub -section

(1)of section 44

•one lakh

rupees.

SECTION Section 543

Untitled Section

18.If any port

•fails to comply

•with the

•directions

•issued by the

•Central

•Government

•under

•sub-section ( 2)

•of section 44

•44(2) Penalty

•which

•may

•extend to

•one lakh

•rupees

•and in

•addition,

•penalty

•which

•may

•extend to

•ten

•thousand

•rupees for

•every day

•during

•which

•such

•default

continues.

SECTION Section 544

Untitled Section

19.If the

•Authority or

•concessionaire

•or person or

•body of persons

•fails to publish

•the port tariff in

•contravention

•of sub -section

(2)of section 47

•47(2) Penalty

•which

•may

•extend to

•fifty

•thousand

•rupees

•and in

•addition,

•penalty

•which

•may

•extend to

•five

•thousand

•rupees for

•every day

•during

•which

•such

•default

continues.

SECTION Section 545

Untitled Section

20.If any owner,

•agent or master

•of a vessel fails

•to report the

•arrival of a

•vessel in

•contravention

•of section 49

•49 Penalty

•which

•may

•extend to

•twenty

•thousand

rupees.

•184

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

SECTION Section 546

Untitled Section

21.If any

•master of a

•vessel fails to

•pay any fees or

•other charges

•in

•contravention

•of sub -section

(1)of

SECTION Section 547

Untitled Section

•section 52

•52(1) Penalty

•which

•may

•extend to

•twice the

•amount of

•fees or

•other

•charges

•due,

•subject to

•a

•minimum

•of twenty

•thousand

rupees.

SECTION Section 548

Untitled Section

22.If any person

•fails to furnish

•or furnishes

•information in

•contravention

•of section 57

•57 Penalty

•which

•may

•extend to

•two lakh

•rupees

•and in

•addition,

•penalty

•which

•may

•extend to

•two

•thousand

•rupees for

•every day

•during

•which

•such

•default

continues.

SECTION Section 549

Untitled Section

23.If the master

•of any vessel

•unlawfully

•hoists or fails to

•hoist any flag in

•contravention

•of section 65

•65 Penalty

•which

•may

•extend to

•twenty

•thousand

rupees.

SECTION Section 55

Untitled Section

24.1957 20 The Coal

•Bearing Areas

•(Acquisition

•and

•Development)

•Act, 1957

•In section 23,––

(i)in the marginal heading, for the word

•“Penalties”, the word “Punishments” shall be

•substituted;

•(ii) the words “or wilfully obstructs the lawful

•exercise of any other power conferred by or under this

•Act, or fails to comply with any or der made or

•direction given under this Act” shall be omitted;

•(iii) for the words “one thousand rupees”, the

•words “one lakh rupees” shall be substituted.

SECTION Section 550

Untitled Section

24.If any port

•fails to prepare

•a safety,

•security,

•disaster

•management

•and pollution

•incident

•66(1) Penalty

•which

•may

•extend to

•two lakh

rupees.

•185

(1)(2) (3) (4) (5)

(1)(2) (3) (4)

•emergency

•preparedness

•and response

•plan in

•contravention

•of sub -section

(1)of

SECTION Section 552

Untitled Section

25.If any port

•fails to comply

•with the

•directions

•issued by the

•conservator in

•contravention

•of sub -section

(4)of

SECTION Section 553

Untitled Section

•section 66

•66(4) Penalty

•which

•may

•extend to

•two lakh

rupees.

SECTION Section 554

Untitled Section

26.If any port

•fails to report

•particulars of

•any incident in

•contravention

•of section 67

•67 Penalty

•which

•may

•extend to

•one lakh

rupees.

SECTION Section 555

Untitled Section

27.If any port

•fails to provide

•shore based

•welfare

•services in

•contravention

•of section 68

•68 Penalty

•which

•may

•extend to

•twenty

•thousand

rupees.

SECTION Section 556

Untitled Section

28.If any port

•fails to comply

•with directions

•of the Central

•Government

•issued under

•sub-section ( 1)

•of section 69

•69(1) Penalty

•which

•may

•extend to

•fifty

•thousand

rupees.

SECTION Section 557

Untitled Section

29.If any port

•fails to develop

•or maintain a

•vessel traffic

•service in

•contravention

•of sub -section

(2)of section 69

•69(2) Penalty

•which

•may

•extend to

•one lakh

rupees.”.

•186

•STATEMENT OF OBJECTS AND REASONS

•The corner stone of democratic governance lies in the Government trusting its

•own people and institutions. A web of outdated rules and regulations causes trust

deficit.It has been the endeavour of the Government 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.

SECTION Section 558

Untitled Section

2.Reducing compliance burden gives impetus to business process

•reengineering and improves ease of living of people. S eries of measures such as

•simplifying, digitising and rationalising compliances are being undertaken to

•achieve these goals.

SECTION Section 559

Untitled Section

3.The Government is committed to make India the most preferred global

•investment destination by boosting investor confidence. The fear of imprisonment

•for minor offences is a major factor hampering the growth of the business ecosystem

•and individual confidence. Decriminalisation of large number of minor offences by

•replacing them with monetary penalties have been identified as a measure that not

•only makes lives and businesses easier but also to reduce judicial burden. Settlement

•of large number of issues by compounding method, adjudication and administrative

•mechanism, without involving courts, will enable persons to get remedy for minor

•contraventions and defaults, sometimes committed unknowingly by them, and save

•time, energy and resources.

SECTION Section 56

Untitled Section

25.1957 61 The Delhi

•Development

•Act, 1957

(A)In section 29,—

•28

(1)(2) (3) (4) (5)

(i)in the marginal heading, for the word

•“penalties”, the word “punishments” shall be

•substituted;

•(ii) for sub-section (1), the following sub -section

•shall be substituted, namely:—

•“(1) Any person who whether at their own

•instance or at the instance of any other person or

•any body (including a department of Government)

•undertakes or carries out development of any land

•in contravention of the master plan or zonal

•development plan or without the permission,

•approval or sanction referred to in section 12 or in

•contravention of any condition subject to which

•such permission, approval or sanction has been

•granted, shall be—

(a)punishable with imprisonment of either

•description for a term which may extend to

•three years, if such development relates to

•utilising, selling or otherwise dealing with any

•land with a view to the setting up of a colony

•without a lay out plan;

(b)liable to penalty which may extend to

•fifty thousand rupees in any case, other than

•those referred to in clause (a).”;

•(iii) in sub-section (2), for the words “punishable

•with fine which may extend to five thousand rupees

•and in the case of a continuing offence, with further

•fine which may extend to two hundred and fifty

•rupees for every day during which such offence

•continues after conviction for the first commission of

•the offence”, the words “liable to penalty which may

•extend to fifty thousand rupees and in case of a

•continuing contravention, with further penalty which

•may extend to two thousand and five hundred rupees

•for every day during which such contravention

•continues after the order imposing penalty has been

•passed and confirmed for the first contravention”

•shall be substituted;

•(iv) for sub-section (3), the following sub-sections

•shall be substituted, namely:—

•“(3) Any person who obs tructs the entry of a

•person authorised under section 28 into or upon

•any land or building shall for the first

•contravention be liable to penalty which may

•extend to ten thousand rupees and for any second

•or subsequent contravention, to the punishment

•provided under section 221 of the Bharatiya Nyaya

•Sanhita, 2023 (45 of 2023).

•29

(1)(2) (3) (4) (5)

(4)Any person who assaults any person

•authorised under section 28 to enter into or upon

•any land or building, after such entry, shall

•be punishable with imprisonment for a

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

•which may extend to ten thousand rupees, or with

both.”.

(B)In section 31, in sub -section (5), for the words

•“punishable with fine which may extend to two hundred

•rupees for every day during which the non -compliance

•continues after the service of the order”, the words

•“liable to penalty which may extend to two thousand

•rupees for every day during which the non -compliance

•continues after the service of the order” shall be

substituted.

(C)After section 31A, the following section shall be

•inserted, namely:—

•“31AA. Adjudication of penalties. —(1) For the

•purpose of adjudicating penalties under section 29

•and sub -section ( 5) of section 31, the Central

•Government, shall appoint an officer not below the

•rank of Deputy Secretary to the Government of India

•as an adjudicating officer for holding an inquiry and

•imposing penalties in such manner as may be

•prescribed:

•Provided that the Central Government may

•appoint as many adjudicating officers as may be

•required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

(2)Any pe rson aggrieved by an order of the

•adjudicating officer under sub-section (1) may, within

•thirty days from the date of receipt of such order,

•prefer an appeal to such officer, at least one rank

•higher than the adjudicating officer, as may be

•appointed by th e Central Government to be the

•appellate authority, in such form and manner as may

•be prescribed.

(3)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.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such order as he may think fit.

(5)An appeal under sub -section ( 2) shall be

•disposed of within sixty days from the date of filing.

•30

(1)(2) (3) (4) (5)

(6)If penalty imposed by the adjudicating officer

•under sub-section (1) or by an order of the appellate

•authority under sub- section (4), as the case may be,

•is not deposited, the amount shall be recovered as an

•arrear of land revenue.”.

(D)In section 34A,––

(i)in the opening portion, for the words, brackets

•and figures “The Code of Criminal Procedure, 1973

•(2 of 1974) shall apply to an offence under

•sub-section (1) of section 29”, the words, brackets,

•figures and letter “The Bharatiya Nagarik Suraksha

•Sanhita, 2023 (46 of 2023) shall apply to an offence

•under sub-clause (a) of sub-section (1) of section 29”

•shall be substituted;

•(ii) in sub -clause ( 1), for the words and figures

•“section 42 of that Code”, the words and figures

•“section 39 of that Sanhita” shall be substituted.

(E)In section 47, for the words, figures and brackets

•“section 21 of the Indian Penal Code (45 of 1860)”, the

•words, brackets and figures “clause (28) of section 2 of

•the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall

•be substituted.

(F)In section 49,—

(i)in sub -section ( 1), the words, brackets and

•figure “other than an offence referred to in

•sub-section (2)” shall be omitted;

•(ii) sub-section (2) shall be omitted.

(G)In section 56, in sub-section (2), after clause (ja),

•the following clause shall be inserted, namely:––

•“(jaa) the manner of holding an inquiry and

•imposing penalties under sub-section ( 1) of

SECTION Section 560

Untitled Section

4.The Jan Vishwas (Amendment of Provisions) Bill, 2026 is a continuation

•of the regulatory reforms started under the Jan Vishwas (Amendment of Provisions)

•Act, 2023 and the Jan Vishwas (Amendment of Provisions) Bill, 2025 which was

•introduced in Lok Sabha on 18th August, 2025 and referred to the Select Committee

•by the Hon’ble Speaker for examination and report.

SECTION Section 561

Untitled Section

5.The Hon’ble Select Committee examined the said Bill and submitted its

•report to Lok Sabha on 13 th March, 2026. In addition to the Bill referred to it, the

•Hon’ble Committee made recommendations to bring several other enactments

•within the ambit of the Bill. The Bill, which proposes to amend 79 Central

•enactments aims to decriminalise minor offences to reduce the compliance burden

•on businesses, promote ease of doing business and ease of living for citizens by

•rationalising processes by inter alia issuing warnings at the first instance of

•contraventions and imposing penalties for subsequent contraventions. The goal of

•proposed Bill is to create a more business -friendly environment and promote ease

•of living by eliminating unnecessary legal hurdles and simplifying regulatory

landscape.The initiative underscores India’s commitment to creating a predictable,

•transparent and fair regulatory environment.

SECTION Section 562

Untitled Section

6.Through the Jan Vishwas (Amendment of Provisions) Bill, 2026, apart from

•decriminalising several offences across various enactments, 20 a dditional

•provisions of the Motor Vehicles Act, 1988 (59 of 1988) and 47 provisions of the

•New Delhi Municipal Council Act, 1994 (44 of 1994) are proposed to be amended

•to facilitate Ease of Living which will serve as a significant step in saving time and

•cost of all.

SECTION Section 563

Untitled Section

7.The Bill seeks to achieve the above objectives.

•NEW DELHI; PIYUSH GOYAL.

•The 25th March, 2026.

•187

•FINANCIAL MEMORANDUM

•The Bill, if enacted, would not involve any expenditure, either recurring or

•non-recurring, from and out of the Consolidated Fund of India.

•188

•MEMORANDUM REGARDING DELEGATED LEGISLATION

•In the Bill, in the Schedule, inter alia,––

(a)in serial number 2 (the Cattle -trespass Act, 1871), clause ( T)

•empowers the Central Government to make rules regarding the manner of

•holding inquiry and imposing penalty under sub -section (1) of section 27A;

•the form and manner of preferring appeal to appellate authority against the

•order of adjudicating officer under sub-section (2) of section 27A; the manner

•of utilisation of penalty amount under sub-section (2) of section 28;

(b)in serial number 33 (the Seamen’s Provident Fund Act, 1966),

SECTION Section 564

Untitled Section

•clause (C) empowers the Central Government to make rules regarding the

•manner of holding an inquiry and imposing penalties under sub-section (1) of

SECTION Section 565

Untitled Section

•section 16A; and the form and manner of preferring appeal to the appellate

•authority against the order of adjudicating officer under sub -section (2) of

SECTION Section 566

Untitled Section

•section 16A;

(c)in serial number 66 (the Prevention and Control of Infectious and

•Contagious Diseases in Animals Act, 2009), clause (N) empowers the Central

•Government to make rules regarding the form and manner of reporting the

•matter to the Veterinary Officer, State Government and Central Government

•under sub-section (3) of section 4; the form, manner and time of submission

•of report to the State Government and the Central Government regarding

•vaccinated animals under sub-section (7) of section 6; the form and manner of

•submission of report to the State Gov ernment and the Central Government

•regarding marking and issuing certificate for vaccinated animals under

•sub- section ( 4) of section 8; the manner of recovery of cost regarding

•measures under sub -section (3) of section 29;the manner of h olding inquiry

•and imposing of penalty under sub -section (I) of section 33A; the form and

•the manner of preferring appeal to the appellate authority against the order of

•adjudicating officer under sub-section (1) of section 33B;

(d)in serial number 80 (th e Merchant Shipping Act, 2025), clause ( C)

•empowers the Central Government to make rules regarding the application for

•the compounding of an offence, the form and its manner and the sum payable

•under sub-sections (1) and (3) of section 282A.

SECTION Section 567

Untitled Section

2.The matters in respect of which rules may be made in accordance with the

•provisions of the Bill are generally matters of procedure and administrative detail

•and it is not practicable to provide for them in the Bill itself. The delegation of

•legislative power is, therefore, of a normal character.

•189

•45 of 1860.

•ANNEXURE

•EXTRACT FROM THE COURT-FEES ACT, 1870

•(7 OF 1870)

•* * * * *

SECTION Section 568

Untitled Section

34.(1) * * * * *

(3)Any person appointed to sell stamps who disobeys any rule made under

•this section, and any person not so appointed who sells or offers for sale any stamp,

•shall be punished with imprisonment for a term which may extend to six months, or

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

•* * * * *

•————

•EXTRACTS FROM THE CATTLE-TRESPASS ACT, 1871

•(1 OF 1871)

•* * * * *

SECTION Section 569

Untitled Section

3.In this Act,—

•“officer of police” includes also village-watchman, and

•“cattle” includes also elephants, camels, buffaloes, horses, mares,

•geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs,

•goats and kids, and

•“local authority” means any body of persons for the time being invested

•by law with the control and administration of any matters within a specified

•local area, and

•“local fund” means any fund under the control or management of a local

authority.

•* * * * *

SECTION Section 57

Untitled Section

•section 31AA;

•(jab) the form and manner of preferring appeal to

•the appellate authority against the order of

•adjudicating officer under sub -section ( 2) of

SECTION Section 570

Untitled Section

6.The State Government shall appoint a pound-keeper for every pound.

•Any pound -keeper may hold simultaneously any other office under the

Government.

•Every pound-keeper shall be deemed to be a public servant within the meaning

•of the Indian Penal Code.

•* * * * *

SECTION Section 571

Untitled Section

8.When cattle are brought to a pound, the pound -keeper shall enter in his

•register,—

(a)the number and description of the animals,

•* * * * *

SECTION Section 572

Untitled Section

12.For every head of cattle impounded as aforesaid, the pound-keepers shall

•levy a fine in accordance with the scale for the time being prescribed by the State

•Government in this behalf by notification in the Official Gazette. Different scales

•may be prescribed for different local areas.

•All fines so levied shall be sent to the Magistrate of the District through such;

•officer as the State Government may direct.

•A list of the fines and of the rates of charge for feeding and watering cattle

•shall be posted in a conspicuous place on or near to every pound.

•* * * * *

•Sale of stamps.

•Interpretation

SECTION Section 573

Untitled Section

clause.

•Appointment of

•pound-keepers.

•Pound-keepers

•may hold other

offices.Pound-

•keepers to be

•public servants.

•To register

seizures.

•Fines for cattle

impounded.

•List of fines

•and charges for

feeding.

•190

•Procedure when

•owner claims the

•cattle and pays

•fines and

charges.

•Delivery to

•owner disputing

•legality of

•seizure but

•making deposit.

•Procedure when

•owner refuses or

•omits to pay the

•fines and

expenses.

•Deduction of

•fines and

expenses.

•Delivery of

•unsold cattle and

•balance of

proceeds.

Receipts.

•Disposal of

•fines, expenses

•and surplus

•proceeds of

sales.

•Compensation

•for illegal

•seizure or

detention.

•CHAPTER IV

•DELIVERY OR SALE OF CATTLE

SECTION Section 574

Untitled Section

13.If the owner of the impounded cattle or his agent appear and claim the

•cattle, the pound -keeper shall deliver them to him on payment of the fines and

•charges incurred in respect of such cattle.

•The owner or his agent, on taking back the cattle, shall sign a receipt for them

•in the register kept by the pound-keeper.

•* * * * *

SECTION Section 575

Untitled Section

15.If the owner or his agent appear and refuse to pay the sa id fines and

•expenses, on the ground that the seizure was illegal and that the owner is about to

•make a complaint under section 20, then, upon deposit of the fines and charges

•incurred in respect of the cattle, the to him.

SECTION Section 576

Untitled Section

16.If the owner or his agent app ear and refuse or omit to pay or (in the case

•mentioned in section 15) to deposit the said fines and expenses, the cattle, or as

•many of them as may be necessary, shall be sold by public auction by such officer

•at such place and time, and subject to such c onditions, as are referred to in

SECTION Section 577

Untitled Section

•section 14.

•The fines leviable and the expenses of feeding and watering, together with the

•expenses of sale, if any, shall be deducted from the proceeds of the sale.

•The remaining cattle and the balance of the pu rchase-money, if any, shall be

•delivered to the owner or his agent, together with an account showing—

(a)the number of cattle seized,

(b)the time during which they have been impounded,

(c)the amount of fines and charges incurred,

(d)the number of cattle sold,

(e)the proceeds of sale, and

(f)the manner in which those proceeds have been disposed of.

•The owner or his agent shall give a receipt for the cattle delivered to him and

•for the balance of the purchase -money (if any) paid to him according to such

account.

SECTION Section 578

Untitled Section

17.The officer by whom the sale was made shall send to the Magistrate of the

•District the fines so deducted.

•The charges for feeding and watering deducted under section 16 shall be paid

•over to the pound -keeper, who shall also retain and ap propriate all sums received

•by him on account of such charges under section 13.

•The surplus unclaimed proceeds of the sale of cattle shall be sent to the

•Magistrate of the District, who shall hold them in deposit for three months, and, if

•no claim thereto be preferred and established within that period, shall, at its expiry,

•be deemed to hold them as part of the revenues of the State.

•* * * * *

SECTION Section 579

Untitled Section

22.If the seizure or detention be adjudged illegal, the Magistrate shall award

•to the complainant, for th e loss caused by the seizure or detention, reasonable

•compensation, not exceeding one hundred rupees, to be paid by the person who

•made the seizure or detained the cattle together with all fines paid and expenses

•incurred by the complainant in procuring the release of the cattle,

•191

•and, if the cattle have not been released, the Magistrate shall, besides awarding

•such compensation, order their release and direct that the fines and expenses leviable

•under this Act shall be paid by the person who made the seizure or detained the

cattle.

SECTION Section 58

Untitled Section

•section 31AA;”.

SECTION Section 580

Untitled Section

23.The compensation, fines and expenses mentioned in section 22 may be

•recovered as if they were fines imposed by the Magistrate.

SECTION Section 581

Untitled Section

•CHAPTER VI

•PENALTIES

SECTION Section 582

Untitled Section

24.Whoever forcibly opposes the seizure of cattle liable to be seized under

•this Act,

•and whoever rescues the same after seizure, either from a pound, or from any

•person taking or about to take them to a pound, such person being near at hand and

•acting under the powers conferred by this Act,

•shall, on conviction before a Magistrate, be punished with imprisonment for a

•period not exceeding six months, or with fine not exceeding five hundred rupees, or

•with both.

SECTION Section 583

Untitled Section

25.Any fine imposed under the next following section or for the offence of

•mischief by causing cattle to trespass on any land may be recovered by sale of all or

•any of the cattle by which the trespass was committed, whether they were seized in

•the act of trespassing or not, and whether they are the property of the person convicted

•of the offence, or were only in his charge when the trespass was committed.

SECTION Section 584

Untitled Section

26.Any owner or keeper of pigs who, through neglect or otherwise, damages

•or causes or permits to be damaged any land, or any crop or produce of land, or any

•public road, by allowing such pigs to trespass thereon, shall, on conviction before a

•Magistrate, be punished with fine not exceeding ten rupees.

•The State Government, by notification in the Official Gazette, may from time

•to time with respect to any local area specified in the notification, direct that the

•foregoing portion of this section shall be read as if it had reference to cattle

•generally, or to cattle of a kind described in the notification, instead of to pigs only,

•or as if the words “fifty rupees” were substituted for the words “ten rupees,” or as if

•there were both such reference and such substitution.

SECTION Section 585

Untitled Section

27.Any pound-keeper releasing or purchasing or delivering cattle contrary to

•the provisions of section 19, or omitting to provide any impounded cattle with

•sufficient food and water, or failing to perform any of the other duties imposed upon

•him by this Act, shall, over and above any other penalty to which he may be liable,

•be punished, on conviction before a Magistrate, with fine not exceeding fifty rupees.

•Such fines may be recovered by deductions from the pound-keeper’s salary.

SECTION Section 586

Untitled Section

28.All fines recovered under section 25, section 26 or section 27 may be

•appropriated in whole or in part as compensation for loss or damage proved to the

•satisfaction of the convicting Magistrate.

SECTION Section 587

Untitled Section

•CHAPTER VII

•SUITS FOR COMPENSATION

SECTION Section 588

Untitled Section

29.Nothing herein contained prohibits any person whose crops or other

•produce of land have been damaged by trespass of cattle from suing for

•compensation in any competent Court.

SECTION Section 589

Untitled Section

30.Any compensation paid to such person under this Act by orde r of the

•convicting Magistrate shall be set -off and deducted from any sum claimed by or

•awarded to him as compensation in such suit.

•* * * * *

•————

•Release of cattle.

•Recovery of

compensation.

•Penalty for

•forcibly

•opposing the

•seizure of cattle

•or rescuing the

same.

•Recovery of

•penalty for

•mischief

•committed by

•causing cattle to

trespass.

•Penalty for

•damage caused

•to land or crops

•or public roads

•by pigs.

•Penalty on

•pound-keeper

•failing to

•perform duties.

•Application of

•fines recovered

•under section 25,

•26 or 27.

•Saving of right

•to sue for

compensation.

•Set-off.

•192

•Bar of distresses

•except under this

SECTION Section 59

Untitled Section

26.1957 66 The Delhi

•Municipal

•Corporation

•Act, 1957

(A)In section 123D,—

(i)after clause ( a), the following proviso shall be

•inserted, namely:—

•“Provided that no such assessment for an

•assessment year shall be made after the lapse of

•seven years from the close of that assessment

•year;”;

•(ii) for clauses ( b) and ( c), the following clause

•shall be substituted, namely:—

•31

(1)(2) (3) (4) (5)

•“(b) revise any assessment where the

•information furnished in the return of

•self-assessment is found to be incorrect or reopen

•any assessment where it has been detected that

•there is wilful suppression of information; and”;

•(iii) in clause (d), for brackets and letter “(d)”, the

•brackets and letter “(c)” shall be substituted.

(B)For section 152A, the following section shall be

•substituted, namely:––

•“152A. Punishment for wilful default in payment

•of property tax, furnishing wrong information in

•return of assessment, etc. —Whoever wilfully makes

•default in the payment of, or wilfully attempts in any

•manner whatsoever to evade, any tax, including

•amount of interest due and penalty levied under this

•Act, or furnishes any wrong information in the return

•of assessment, or wilfully fails to furnish in due time

•the return of property tax , or does not furnish

•information as asked for under any provision of this

•Act, he shall, without prejudice to any other penal

•provision under this Act to which he may be subject,

•be liable for penalty equal to fifty per cent. of the

•amount of tax so evaded or sought to be evaded:

•Provided that the penalties so imposed shall be in

•addition to, and not in derogation of, any liability in

•respect of the payment of tax which the defaulter may

•have incurred.”.

(C)In section 153, in sub-section (1), for the proviso,

•the following provisos shall be substituted, namely:—

•“Provided that such bill shall be presented in

•respect of a property tax due in respect of a property

•after carrying out physical survey or collection of

•relevant data in respect of that property i f it is being

•assessed for the first time:

•Provided further that no such bill shall be

•necessary in the case of—

(a)property tax payable on self -assessment of

•vacant land or covered space in any building;

(b)a tax on vehicles and animals; and

(c)a theatre-tax.”.

(D)In section 305, sub -sections (3), (4), (5), (6) and

(7)shall be omitted.

(E)In section 309, sub-section (2) shall be omitted.

(F)Section 310 shall be omitted.

(G)In section 317, in sub -section (1), for the words

•and figures “Except as provided in section 318, no

•person”, the words “No person” shall be substituted.

•32

(1)(2) (3) (4) (5)

(H)Section 318 shall be omitted.

(I)Section 330 shall be omitted.

(J)In section 336,—

(i)in sub-section (1), the words and figures “or the

•provisions of section 340”, shall be omitted;

•(ii) in sub -section (3), the words and figures “or

•under section 340” shall be omitted.

(K)Section 340 shall be omitted.

(L)In section 343,––

(i)in section ( 5), for the word “Administrator”

•occurring at both the places, the words “District

•Judge” shall be substituted;

•(ii) in section ( 6), for the word “Administrator”

•occurring at both the places, the words “District Judge”

•shall be substituted;

(M)In section 345A, in sub -section ( 3), in

SECTION Section 590

Untitled Section

Chapter.

•Penalty for

•making illegal

distresses.

•Imprisonment or

•committal of

•person refusing

•to answer or

•produce

document.

•Appeal from

•orders under

SECTION Section 591

Untitled Section

•section 87.

•Place of

imprisonment.

•Power for State

•Government to

•make rules.

Penalties.

•EXTRACTS FROM THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882

•(15 OF 1882)

•* * * * *

SECTION Section 592

Untitled Section

68.No distress shall be levied for arrears of rent except under the provisions

•of this Chapter;

•and any person, except a bailiff appointed under section 51, levying or

•attempting to levy any such distress, shall, on conviction be fore a Presidency

•Magistrate, be liable to be punished with fine which may extend to five hundred

•rupees and with imprisonment for a term which may extend to three months, in

•addition to any other liability he may have incurred by his proceedings.

•* * * * *

SECTION Section 593

Untitled Section

87.If any witness before the Small Cause Court refuses to answer such questions as

•are put to him, or to produce any document in his possession or power which the Court

•requires him to produce, and does not offer any reasonable excuse for such refusal, the

•Court may sentence him to simple imprisonment, or commit him to the custody of an

•officer of the Court, for any term not exceeding seven days, unless in the meantime such

•person consents to answer such questions or to produce such document, as the case may

•be, after which, in the event of his persisting in his refusal, he may be dealt with according

•to the provisions of section 480 or section 482 of the Code of Criminal Procedure, 1898.

SECTION Section 594

Untitled Section

88.Any person deeming himself aggrieved by an order under section 87 may

•appeal to the High Court, and the provisions of the Code of Criminal Procedure, 1898,

•relating to appeals shall, so far as may be, apply to appeals under this section.

•* * * * *

SECTION Section 595

Untitled Section

95.Any person ordered by the Small Cause Court to be i mprisoned may be

•imprisoned in such place as the State Government, from time to time, appoints in

•this behalf.

•* * * * *

•————

•EXTRACT FROM THE LIVE-STOCK IMPORTATION ACT, 1898

•(9 OF 1898)

•* * * * *

SECTION Section 596

Untitled Section

4.(1) The State Government may make rules for the detention, inspection,

•disinfection of destruction of imported live-stock, and of fodder, dung, stable-litter,

•clothing harness or fittings appertaining to imported live -stock or that may have

•been in contact therewith and for regulating the powers and duties of the officers

•whom it may appoint in this behalf.

(2)In making any rule under this section the State Government may direct that a

•breach thereof shall be punishable with fine which may extend to one thousand rupees.

•* * * * *

•————

•EXTRACT FROM THE WORKS OF DEFENCE ACT, 1903

•(7 OF 1903)

•* * * * *

SECTION Section 597

Untitled Section

36.Whoever wilfully—

(a)obstructs any person in doing any of the acts authorised by section 4,

SECTION Section 598

Untitled Section

•section 6 or section 8, or

(b)destroys, damages, alters or otherwise interferes with the ground

•level or any work done under section 6, or

(c)contravenes any of the provisions of section 7 or any condition

•prescribed thereunder,

•5 of 1898.

•193

•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, in the case of

•a continuing offence, with an additional fine which may extend to five rupees for

•every day after the first in regard to which he is convicted of having persisted in the

•offence; and any expenses incurred in removing the effects of his offence may be

•recovered from him in the manner provided by the law for the time being in force

•for the recovery of fines.

•* * * * *

•————

•EXTRACTS FROM THE INDIAN SUCCESSION ACT, 1925

•(39 OF 1925)

•* * * * *

SECTION Section 599

Untitled Section

296.(1) * * * * *

(2)If such person wilfully and without reasonable cause omits so to deliver up

•the probate or letters, he shall be punishable with fine which may extend to one

•thousand rupees, or with imprisonment for a term which may extend to three

•months, or with both.

•* * * * *

SECTION Section 6

Untitled Section

1.1870 7 The Court-

•fees Act,

•1870

(A)In section 34, for sub -section (3), the following

•sub-section shall be substituted, namely:––

•“(3) Any person appointed to sell stamps, who,––

(a)with fraudulent intent, disobeys any rule made

•under this section, or sells or offers for sale any stamp

•without being duly appointed, shall be punished with

•imprisonment for a term which may extend to six

•months, or with fine which may extend to ten

•thousand rupees, or with both;

(b)without any fraudulent intent, contravenes any

•rule made under this section, shall be liable to penalty

•not exceeding ten thousand rupees.”.

(B)After section 34, the following sections shall be

•inserted, namely:––

•“34A. Adjudication of penalties. ––(1) For the

•purpose of adjudicating penalties under clause ( b) of

•sub-section (3) of section 34, the Administrator of the

•Union territory concerned may appoint an officer not

•below the rank of Deputy Commissioner or Deputy

•Collector or any officer equivalent in rank as an

•adjudicating officer for holding an inquiry and imposing

•penalties:

•Provided that the Administrator of the Union territory

•concerned 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, is

•satisfied that the person concerned has contravened any

•rule made under sub-section (1) of section 34, he may

•impose penalty as deemed fit, subject to th e amount

•mentioned under clause (b) of sub-section (3) of the said

•section:

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasonable

•opportunity of being heard.

34B.Appeal.––(1) Whoever aggrieved by an order of

•the adjudicating officer under section 34A may, within

•thirty days from the date of receipt of such order, prefer

•an appeal to the Commissioner or Collector of the

•Division or before any officer equivalent in rank

•designated as such by the Administrator of the Union

•territory concerned as an appellate authority.

•4

(1)(2) (3) (4) (5)

(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)An appeal under sub-section (1) shall be disposed

•of within sixty days from the date of filing.

(5)If penalty imposed by the adjudicating officer

•under sub-section (1) of section 34A or by an order of

•the appellate authority under sub -section (3) of this

•section, as the case may be, is not deposited, the amount

•shall be recovered as an arrear of land revenue.”.

SECTION Section 60

Untitled Section

•clause ( b), for the word “Administrator”, the words

•“District Judge” shall be substituted.

(N)In section 347B, in sub-section (1), clause (j) shall

•be omitted.

(O)In section 347D,––

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

•“Administrator”, the words “District Judge” shall be

•substituted;

•(ii) for sub -section (3), the following sub -section

•shall be substituted, namely:—

•“(3) An appeal against the order of the District

•Judge shall lie to the High Court of Delhi.”.

(P)In section 351, the words and figures “and

SECTION Section 600

Untitled Section

389.(1) * * * * *

(2)If he wilfully and without reasonable cause omits so to deliver i t up, he

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

•imprisonment for a term which may extend to three months or with both.

•* * * * *

•————

•EXTRACTS FROM THE RESERVE BANK OF INDIA ACT, 1934

•(2 OF 1934)

•* * * * *

SECTION Section 601

Untitled Section

•CHAPTER V

•PENALTIES

58B.(1) * * * * *

•(4AA) If any auditor fails to comply with any direction given or order made

•by the Bank under section 45MA, he shall be punishable with fine which may extend

•to ten lakh rupees.

•* * * * *

58G.(1) * * * * *

•* * * * *

•————

•EXTRACTS FROM THE DRUGS AND COSMETICS ACT, 1940

•(23 OF 1940)

•* * * * *

27A.Whoever himself or by any other person on his behalf manufactures for

•sale or for distribution, or sells, or stocks or exhibits or offers for sale—

•* * * * *

•Surrender of

•revoked probate

•or letters of

administration.

•Surrender of

•superseded and

•invalid

certificates.

Penalties.

•Power of Bank

•to impose fine.

•Penalty for

•manufacture,

•sale, etc., of

•cosmetics in

•contravention of

•this Chapter.

•194

•Penalty for not

•keeping

•documents, etc.,

•and for non-

•disclosure of

information.

•Penalty for use

•of Government

•Analyst’s report

•for advertising.

•Penalty for

•subsequent

offences.

•Compounding of

•certain offences.

•Power of Central

•Government to

•make rules.

•(ii) any cosmetic other than a cosmetic referred to in clause ( i)

•in contravention of any provisions of this Chapter or any rule made

•thereunder shall be punishable with imprisonment for a term which may

•extend to one year or with fine which may extend to twenty thousand rupees,

•or with both.

•* * * * *

28A.Whoever without reasonable cause or excuse, contravenes the provisions

•of section 18B shall be punishable with imprisonment for a term which may extend

•to one year or with fine which shall not be less than twenty thousand rupees or with

both.

•* * * * *

SECTION Section 602

Untitled Section

29.Whoever uses any report of a test or analysis made by the Central Drugs

•Laboratory or by a Government Analyst, or any extract from such report, for the

•purpose of advertising any drug or cosmetic, sh all be punishable with fine which

•may extend to five thousand rupees.

SECTION Section 603

Untitled Section

30.(1) * * * * *

•(1A) Whoever, having been convicted of an offence under section 27A is again

•convicted convicted under that section, shall be punishable with imprisonment for a

•term which may extend to two years, or with fine which may extend to two thousand

•rupees, or with both.

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

•* * * * *

32B.( 1) Notwithstanding anything contained in the Code of Criminal

•Procedure, 1973, any offence punishable under clause ( b) of sub -section ( 1) of

SECTION Section 604

Untitled Section

•section 13, clause ( d) of section 27 and clause ( ii) of section 27A, section 28 and

SECTION Section 605

Untitled Section

•section 28A of 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 G overnment or a State Government, on

•payment for 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.

•* * * * *

SECTION Section 606

Untitled Section

33.(1) * * * * *

(2)Without prejudice to the generality of the foregoing power, such rules

•may—

•2 of 1974.

•195

•2 of 1974.

•* * * * *

(o)prescribe the forms of report to be given by Government Analysts,

•and the manner of application for test or analysis under section 26 and the fees

•payable therefor;

•* * * * *

•33-I. Whoever himself or by any other person on his behalf—

•* * * * *

(2)Contravenes any other provisions of this Chapter or of section 24 as

•applied by section 33H or any rule made under this Chapter, shall be punishable

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

•shall not be less than ten thousand rupees.

33J.Whoever having been convicted of an offence,—

•* * * * *

(c)under sub-section (2) of section 33-I is again convicted of an offence

•under that sub -section, shall be punishable with imprisonment for a term

•which may extend to one year and with fine which shall not be less than twenty

•thousand rupees or three times the value of the drugs confiscated, whichever,

•is more.

•* * * * *

36AB.( 1) The Central Government, or the State Government,

•in consultation with the Chief Justice of the H igh Court, shall, for trial

•of offences relating to adulterated drugs or spurious drugs and punishable

•under clauses ( a) and ( b) of section 13, sub -section ( 3) of section 22,

SECTION Section 607

Untitled Section

•clauses ( a) and ( c) of section 27, section 28, section 28A,

SECTION Section 608

Untitled Section

•section 28B and clause ( b) of sub -section ( 1) of section 30 and other offences

•relating to adulterated drugs or spurious drugs, by notification,

•designate one or more Courts of Session as a Special Court or Special Courts for

•such area or areas or for such case or class or group of cases as may be specified in

•the notification.

Explanation.—In this sub-section, “High Court” means the High Court of the

•State in which a Court of Session designated as Special Court was functioning

•immediately before such designation.

•* * * * *

36AC.( 1) Notwithstanding anything contained in the C ode of Criminal

•Procedure, 1973,—

(a)every offence, relating to adulterated or spurious drug and punishable

•under clauses ( a) and (c) of sub -section ( 1) of section 13, clause ( a) of

•sub-section (2) of section 13, sub-section (3) of section 22, clauses (a) and (c)

•of section 27, section 28, section 28A, section 28B and sub -sections (1) and

(2)of section 30 and other offences relating to adulterated drugs or spurious

•drugs, shall be cognizable.

•Penalty for

•manufacture,

•sale, etc., of

•Ayurvedic,

•Siddha or Unani

•drug in

•contravention of

•this Chapter.

•Penalty for

•subsequent

offences.

•Special Courts.

•Offences to be

•cognizable and

•non-bailable in

•certain cases.

•196

Inspection.

•Failure to

•surrender

•certificate of

registration.

•Adjudication

•of penalties.

(b)no person accused, of an offence punishable under clauses ( a). and

(c)of sub-section (1) of section 13, clause (a) of sub-section (2) of section 13,

•sub-section (3) of section 22, clauses ( a) and (c) of section 27, section 28,

SECTION Section 609

Untitled Section

•section 28A, section 28B and sub-sections (1) and (2) of section 30 and other

•offences relating to adulterated drugs or spurious drugs, shall be released on

•bail or on his own bond unless—

(i)the Public Prosecutor has been given an opportunity to oppose

•the application for such release; and

•(ii) where the Public Prosecutor opposes the application, the court

•is satisfied that there are reasonable grounds for believing that he is not

•guilty of such offence and that he is not likely to commit any offence

•while on bail:

•Provided that a person, who, is under the age of sixteen years, or is a

•woman or is sick or infirm, may be released on bai l, if the Special Court so

directs.

•* * * * *

•————

•EXTRACTS FROM THE PHARMACY ACT, 1948

•(8 OF 1948)

•* * * * *

26A.(1) * * * * *

(4)Every Inspector shall be deemed to be a public servant within the meaning

•of section 21 of the Indian Penal Code.

•* * * * *

SECTION Section 61

Untitled Section

•section 355” shall be omitted.

(Q)Section 355 shall be omitted.

(R)In section 357, sub-section (3) shall be omitted.

(S)Sections 360 and 361 shall be omitted.

(T)Sections 364 shall be omitted.

(U)Sections 369 and 370 shall be omitted.

(V)Sections 373 and 374 shall be omitted.

(W)Sections 377 and 378 shall be omitted.

(X)Section 380 shall be omitted.

(Y)Section 382 shall be omitted.

(Z)Section 385 shall be omitted.

•(ZA) Section 387 shall be omitted.

•33

(1)(2) (3) (4) (5)

•(ZB) Section 396 shall be omitted.

•(ZC) Sections 400, 401 and 402 shall be omitted.

•(ZD) Sections 409, 410 and 411 shall be omitted.

•(ZE) Section 414 shall be omitted.

•(ZF) In section 437,—

(i)in the marginal heading, the words “or

•molestation” shall be omitted;

•(ii) the words “or molest” shall be omitted.

•(ZG) For section 461, the following section shall be

•substituted, namely:––

•“461. Penalty for certain violations.––Whoever—

(a)contravenes any provision of any of the

•sections, sub-sections, clauses, provisos or other

•provisions of this Act mentioned in column (1) of

•the Twelfth Schedule; or

(b)fails to comply with any order or direction

•lawfully given to him or any requisition l awfully

•made upon him under any of the said sections,

•sub-sections, clauses, provisos or other provisions,

•shall be punishable with penalty specified in that

•behalf in column (3) of the Twelfth Schedule:

•Provided that before invoking se ction 353,

SECTION Section 610

Untitled Section

43.( 1) If any person whose name has been removed from the

•register fails without sufficient cause forthwith to surrender his certificate

•of registration, he s hall be punishable with fine which may extend to

•fifty rupees.

(2)Cognizance of an offence punishable under this section shall not be taken

•except upon complaint made by an order of the Executive Committee.

•* * * * *

43A.(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 imp ose penalty in the manner as may be prescribed under section 18, after

•giving any person concerned a reasonable opportunity of being heard.

•* * * * *

•————

•45 of 1860.

•197

•5 of 1898.

•EXTRACTS FROM THE DOCK WORKERS (REGULATION OF EMPLOYMENT) ACT, 1948

•(9 OF 1948)

•* * * * *

SECTION Section 611

Untitled Section

3.(1) * * * * *

(3)A scheme may further provide that a contravention of any provision thereof

•shall be punishable with imprisonment for such term as may be specified but in no

•case exceeding three months in respect of a first contravention or six months in

•respect of any subsequent contravention, or with fine which may extend to such

•amount as may be specified but in no case exceeding five hundred rupees in respect

•of a first contravention or one thousand rupees in respect of any subsequent

•contravention, or with both imprisonment and fine as aforesaid.

•* * * * *

SECTION Section 612

Untitled Section

7.(1) No Court shall take cognizance of any offence made punishable by a

•scheme or of any abetment thereof, except on a report in writing of the facts

•constituting such offence or abetment made by an Inspector or by a person specially

•authorised in this behalf by the Government.

(2)Notwithstanding anything contained in the Code of Criminal

•Procedure 1898, an offence made punishable by a scheme or an abetment thereof

•shall be triable only by a Presidency Magistrate or a Magistrate of the first class.

7A.(1) If the person committing an offence made punishable by a scheme or

•any abetment thereof is a company, every person who, at the time the offence or

•abetment 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 company, shall be deemed

•to be guilty of the offence or abetment 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 prove s that the offence or abetment was

•committed without his knowledge or that he exercised all due diligence to prevent

•the commission of such offence or abetment.

(2)Notwithstanding anything contained in sub-section (1), where an offence

•made punishable by a scheme or any abetment thereof has been committed by a

•company and it is proved that the offence or abetment 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 or

•abetment 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 and other

•association of individuals; and

(b)“director”, in relation to a firm, means a partner in the firm.

SECTION Section 613

Untitled Section

8.(1) * * * * *

(2)In particular and without prejudice to the generality of the forgoing power,

•such rules may provide for—

•* * * * *

(g)the form in which a Board shall prepare its annual statement of

•accounts and the balance-sheet.

•* * * * *

•————

•Scheme for

•ensuring regular

•employment of

workers.

•Cognizance of

offences.

•Offences by

companies.

•Power to make

rules.

•198

•Supply and

•generation of

•electrical energy.

•Effect on

•existing licences.

Penalty.

•EXTRACTS FROM THE DAMODAR VALLEY CORPORATION ACT, 1948

•(14 OF 1948)

•* * * * *

SECTION Section 614

Untitled Section

18.Notwithstanding anything contained in the Indian Electricity Act, 1910, or

•any licence granted thereunder—

(i)No person shall without the permission of the Corporation—

(a)sell electrical energy to any consumer in the Damodar Valley

•where the energy is taken by the consumer at a pressure of 30,000 volts

•or more;

(b)transmit electrical energy in the Damodar Valley at a pressure

•of 30,000 volts or more;

(c)generate any electrical energy at an installation having an

•aggregate capacity of more than 10,000 kilowatts in any part of the

•Damodar Valley lying to the north of a straight line drawn east to west

•passing through a point at latitude twenty-two degrees, fourteen minutes

•and forty-seven seconds and longitude eighty -seven degrees, fifty -one

•minutes and forty-two seconds except such portion of the municipal area

•of Burdwan as may lie to the north of such straight line:

•Provided that nothing in sub-clause (c) shall apply to any person who was, at

•the commencement of this Act, generating electrical energy at an installation having

•an aggregate capacity of more than 10,000 kilowatts, so long as the capacity of such

•installation is not increased:

•Provided further that nothing in sub-clause (c) shall apply to the power station

•installation of the fertiliser factory at Sindri having an aggregate capacity of 80,000

•kilowatts so long as the capacity of such installation is not increased beyond 80,000

kilowatts.

•(ii) The Corporation may sell electrical energy to any consumer in the

•Damodar Valley but no such sale shall, except with the permission of the State

•Government concerned, be made to any consumer requiring supply at a

•pressure of less than 30,000 volts.

•(iii) The Corporation may, with the permission of the State Government

•concerned, extend its transmission system to any area beyond the Damodar

•Valley and sell electrical energy in such area.

SECTION Section 615

Untitled Section

19.( 1) Where any licence granted under the Indian Elec tricity Act, 1910,

•becomes inoperative wholly or partly by virtue of the provisions of section 18, the

•licence shall be deemed to have been revoked or modified so as to be consistent with

•those provisions.

(2)Where a licence is deemed to have been revoked under sub-section (1) the

•Corporation shall purchase the undertaking of the licencee, and where a licence is

•modified under that sub-section, the Corporation shall, at the option of the licensee,

•either purchase the undertaking or pay fair compensation to the licensee.

(3)The purchase price or the amount of compensation payable by the

•corporation under sub -section (2) shall be such as may be agreed to between the

•Corporation and the licensee or, in the event of disagreement, as may be determined

•by arbitration.

•* * * * *

SECTION Section 616

Untitled Section

53.Whoever contravenes the provisions of sections 17 and 18 of this Act or

•any rule made, thereunder shall be punished with imprisonment for a term which

•may extend to six months or with fine or with both.

•9 of 1910.

•199

•45 of 1860.

•* * * * *

SECTION Section 617

Untitled Section

56.All members, officers and servants of the Corporation, whether appointed

•by the Central Government or the Corporation, shall be deemed, when acting or

•purporting to act in pursuance of any of the provisions of this Act to be public

•servants within the meaning of section 21 of the Indian Penal Code.

•* * * * *

•————

•EXTRACT FROM THE COAL MINES PROVIDENT FUND AND MISCELLANEOUS

•PROVISIONS ACT, 1948

•(46 OF 1948)

•* * * * *

SECTION Section 618

Untitled Section

9.(1) If any person—

(a)contravenes any provisions of this Act or of any scheme framed

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

•extend to six months, or with fine which may extend to on e thousand rupees

•or with both;

(b)who has been convicted of any offence punishable is aforesaid, is

•again guilty of any such offence within a period of two years from the date of

•the previous conviction, he shall be punishable on conviction with

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

•may extend to two thousand rupees, or with both.

(2)No Court shall take cognizance of any offence punishable under

•sub-section (1) except on a report in writing of the facts co nstituting such offence

•made by an Inspector with the previous sanction of such authority as may be

•specified in this behalf by the Central Government.

(3)No Court inferior to that of a Presidency Magistrate or a Magistrate of the

•first class shall try any offence punishable under sub-section (1).

•* * * * *

•————

•EXTRACTS FROM THE CENTRAL SILK BOARD ACT, 1948

•(61 OF 1948)

•* * * * *

SECTION Section 619

Untitled Section

13.(1) * * * * *

(2)In particular, and without prejudice to the generality of the foregoing

•power, rules made under this section may provide for all or any of the following

•matters, namely:—

•* * * * *

•(xvc) manner of registration of a producer or dealer by the Registration

•Committee under subsection (1) and form for making application and fees to

•be paid under sub-section (4) of section 8E;

•* * * * *

SECTION Section 62

Untitled Section

•section 354, sub-sections (1) and (2) of section 357,

•sub-sections ( 4) and ( 5) of section 399, and sub -

•section (5) of section 430, for the first contravention

•of the said sections, a warning notice shall be issued

•to the offender.”.

•(ZH) Section 465 shall be omitted.

•(Z-I) Section 466A shall be omitted.

•(ZJ) After section 468, the following sections shall be

•inserted, namely:––

•“468A. Adjudication of penalties. ––(1) The

•Commissioner may authorise an officer not below the

•rank of Assistant Commissioner as an adjudicating

•officer for holding an inquiry and imposing penalties

•specified under the Twelfth Schedule, in such manner

•as may be prescribed, after giving the parties a

•reasonable opportunity of being heard.

(2)The adjudicating officer may summon and

•enforce the attendance of noticee, or, as the case may

•be, 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, adjudicating officer is satisfied that the

•34

(1)(2) (3) (4) (5)

•person concerned has contravened the provisions of

•this Act, may , by an order, impose the penalty as

•specified under the Twelfth Schedule.

468B.Appeal. ––(1) The Commissioner may

•authorise an officer not less than one rank above the

•adjudicating officer to act as an appellate authority.

(2)Whosoever aggrieved by an order of the

•adjudicating officer under section 468A may prefer

•an appeal to the appellate authority, within thirty days

•from the date of receipt of the order.

(3)The appellate authority 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.

(4)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such order as it thinks fit, eithe r confirming or

•modifying or setting aside the order appealed against.

(5)The appellate authority shall dispose of the

•appeal within sixty days from the date of filing of

•such appeal.

(6)The amount of penalty imposed under

•this Act, if not paid, may be recovered as an arrear

•of tax.”.

•(ZK) In section 474, in sub-section (1), after the words

•“Any police officer may”, the words “, on a complaint

•made by an officer not below the rank of Deputy

•Commissioner as may be au thorised as such by the

•Administrator,” shall be inserted.

•(ZL) For section 475, the following section shall be

•substituted, namely:—

•“475. Duties of police officers. —It shall be

•the duty of all police officers to assist all

•municipal officers and other municipal employees

•in the exercise of their lawful authority under

•this Act or any rule, regulation or bye -law made

thereunder.”.

•(ZM) For section 482, the following section shall be

•substituted, namely:––

•“482. Penalty for breaches of bye-laws.—(1) Any

•bye-law made under this Act may provide that a

•contravention thereof shall be liable to penalty which

•may extend to five hundred rupees.

(2)Any such bye -law may al so provide that a

•person contravening the same shall be required to

•remedy so far as lies in his power, the mischief, if any,

•caused by such contravention.”.

•35

(1)(2) (3) (4) (5)

•(ZN) For the Twelfth Schedule, the following

•Schedule shall be substituted, namely:––

•“THE TWELFTH SCHEDULE

•(See section 461)

•PENALTIES

Explanation.—The entries in the second column of

•the Table below under the heading “Subject” are not

•intended as definitions of the offences prescribed in the

•provisions mentioned in the first column of the said

•Table or even as abstracts of those provisions, but are

•inserted merely as reference to the subject thereof.

•Section,

•sub-section,

SECTION Section 620

Untitled Section

14.(1) If any person—

•* * * * *

(b)obstructs any officer of the Board Committee and Registration

•Committee in the exercise of any power, conferred, or the discharge of any

•duty imposed on him by or under this Act, or

•Members,

•officers and

•servants of the

•Corporation to

•be public

servants.

Penalty.

•Power of Central

•Government to

•make rules.

Penalties.

•200

•Penalty for

•contravention of

•sections 8C and

8E.

•Penalty for

•breach of rules.

•Penalty for

offences.

•Certain persons

•to be public

servants.

•Power to make

rules.

(c)having the control or custody of any account book or other record,

•fails to produce such book or record when required so to do under this Act,

•he shall 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.

•* * * * *

14A.If any person contravenes the provisions of sections 8C and 8E of this

•Act or regulations made thereunder or any notification relating to silk -worm seed

•he shall be punishable with a fine of fi ve thousand rupees which may extend to

•twenty-five thousand rupees besides suspension or cancellation of the registration

•to produce silk-worm seeds.

•* * * * *

•————

•EXTRACT FROM THE ROAD TRANSPORT CORPORATIONS ACT, 1950

•(64 OF 1950)

•* * * * *

SECTION Section 621

Untitled Section

46.The State Government may, by rule, provide that the breach of any rules

•made by it under section 44 or any regulations made by a Corporation under section

•45 shall be punishable with fine which may extend to five hundred rupees, and when

•the breach is a continuing one, with a further fine not exceeding twenty rupees for

•every day after the date of the first conviction during which the offender is proved

•to have persisted in the offence.

•* * * * *

•————

•EXTRACTS FROM THE REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY

•ACT, 1952

•(30 OF 1952)

•* * * * *

SECTION Section 622

Untitled Section

20.Whoever contravenes any provision of this Act, or any rule made

•thereunder, or any order made or direction given under this Act, or obstructs the

•lawful exercise of any power conferred by or under this Act, shall be punishable

•with fine which may extend to one thousand rupees.

SECTION Section 623

Untitled Section

21.The competent authority, every arbitrator and every officer empowered by

•the Central Government or the competent authority, while exercising any power or

•performing any duty under this Act, shall be deemed to be a public servant within

•the meaning of section 21 of the Indian Penal Code.

SECTION Section 624

Untitled Section

22.(1) * * * * *

(2)In particular, and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•* * * * *

(e)the manner of service of notices and orders;

•* * * * *

•————

•45 of 1860.

•201

•EXTRACTS FROM THE RESERVE AND AUXILIARY AIR FORCES ACT, 1952

•(62 OF 1952)

•* * * * *

SECTION Section 625

Untitled Section

30.(1) If any person refuses or without lawful excuse (the burden of proving

•which shall lie upon such person) neglects to comply fully with the requirements of

•sub-section (1) of section 11 or of any order made under sub -section (2) of that

•section or with the requirements of section 14, he shall be punishable with fine

•which may extend to five hundred rupees.

(2)If any person wilfully fails to comply with any n otice issued under

SECTION Section 626

Untitled Section

•section 13 or section 16, he 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 627

Untitled Section

34.(1) * * * * *

(2)In particular, and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•* * * * *

(m)the authority to which an application under sub -section ( 3) of

SECTION Section 628

Untitled Section

•section 29 may be made and the manner in which the difference in the pay and

•allowances may be recovered under that sub-section;

•* * * * *

(3)Any rule made under this section may provide that a contravention thereof

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

•* * * * *

•————

•EXTRACTS FROM THE TEA ACT, 1953

•(29 OF 1953)

•* * * * *

SECTION Section 629

Untitled Section

37.Any person who being required by or under this Act to furnish any return

•fails to furnish such return or furnishes a return containing any particular 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 one thousand rupees.

•* * * * *

42A.(1) For the purposes of adjudging the penalties under sub-section (1) of

SECTION Section 63

Untitled Section

•clause or

•proviso

•Subject Penalty

•(in

•Rupees)

(1)(2) (3)

SECTION Section 630

Untitled Section

•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 for holding an inquiry and imposing

•penalty in the manner as may be prescribed, after giving a reasonable opportunity

•of being heard.

•* * * * *

•————

•EXTRACTS FROM THE COIR INDUSTRY ACT, 1953

•(45 OF 1953)

•* * * * *

•CHPTER VI

•MISCELLANOUS

SECTION Section 631

Untitled Section

20.(1) If any person contravenes the provisions of section 12, he shall be

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

Penalties.

•Power to make

rules.

•Penalty for

•making false

return.

•Adjudication of

penalties.

Penalties.

•202

•Offences by

companies.

•Previous

•sanction of

•Central

•Government for

prosecution.

Penalty.

•Cognizance of

offences.

(2)Any person who attempts to contravene or abets the contravention of the

•provisions of section 12 shall be deemed to have contravened those provisions.

SECTION Section 632

Untitled Section

21.(1) If the person committing an offence under section 12 is a company,

•every person who at the time the contravention was committed was incharge 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 contravention 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 exercised all due diligence to prevent the

•commission of such offence.

(2)Notwithstanding anything contained in sub -section (1) where an offence

•under section 12 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 purposes 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 633

Untitled Section

22.No prosecution for any offence punishable under this Act shall be

•instituted except with the previous approval of the Central Government.

•* * * * *

•————

•EXTRACTS FROM THE DELIVERY OF BOOKS AND NEWSPAPERS (PUBLIC LIBRARIES)

•ACT, 1954

•(27 OF 1953)

•* * * * *

SECTION Section 634

Untitled Section

5.Any publisher who contravenes any provision of this Act or of any rule

•made thereunder shall be punishable with fine which may extend to fifty rupees and,

•if the contravention is in respect of a book, shall also be punishable with fine which

•shall be equivalent to the value of the book, and the court trying the offence may

•direct that the whole or any part of the fine realised from him shall be paid, by way

•of compensation, to the public library to which the book or newspaper, as the case

•may be ought to have been delivered.

SECTION Section 635

Untitled Section

6.(1) No court shall take cognizance of any offence punishable under this Act

•save on complaint made by an officer empowered in this behalf by the Central

•Government by a General or special order.

(2)No court inferior to that of a presidency magistrate or a magistrate of the

•first class shall try any offence punishable under this Act.

•* * * * *

•————

•203

•EXTRACTS FROM THE LIFE INSURANCE CORPORATION ACT, 1956

•(31 OF 1956)

•* * * * *

4D.(1) * * * * *

(2)The adjudicating officer may, on a complaint made in writing by a person

•authorised by the Corporation, and after giving a reasonable opportunity of being

•heard, by an order impose penalty on a director or employee liable to penalty under

•any provision of this Act on account of any contravention or violation on his part.

•* * * * *

(4)A director or employee aggrieved by any order made by the adjudicating

•officer may prefer an appeal to such officer to the Central Government of a rank

•higher than that of the adjudicating officer as the Central Government may appoint

•as appellate authority, within thirty days from the date on which a copy of the order

•made by the adjudicating officer is received by the aggrieved individual, and the

•officer so appointed may, after giving the individual an opportunity of being heard,

•pass such order as he may deem fit, confirming, modifying or setting aside the order

•appealed against, or remanding the case to the adjudicating officer for disposal, with

•such directions as he may deem fit.

(5)Where a director or employee of the Corporation having already been

•subjected to penalty under this Act for any contravention or violation of any

•provision of this Act, again commits such contravention or violation within a period

•of three years from t he date of order imposing such penalty passed by the

•adjudicating officer, he shall be liable for the second or subsequent contravention or

•violation for twice the amount of penalty provided therefor.

•* * * * *

SECTION Section 636

Untitled Section

40.If any person wilfully withholds or fails to deliver to the Corporation as

•required by section 13, any property or any books, documents or other papers which

•may be in his possession or unlawfully retains possession of any property of an

•insurer which has been transferred to and vested in the Corporation under this Act

•or wilfully applies any such property to purposes other than those expressed in or

•authorised by this Act, he shall, on the complaint of the Corporation, be punishable

•with imprisonment which may extent to one year, or with fine which may extend to

•one thousand rupees, or with both.

•* * * * *

•————

•EXTRACT FROM THE NATIONAL HIGHWAYS ACT, 1956

•(48 OF 1956)

•* * * * *

8B.Whoever commits mischief by doing any act which renders or which he

•knows to be likely to render any national highway referred to in sub -section (1) of

SECTION Section 637

Untitled Section

•section 8A impassable or less safe for traveling or conveying property, shall be

•punished with imprisonment of either description for a term which may extend to

•five years, or with a fine, or with both.

•* * * * *

•————

•Adjudication of

penalties.

•Penalty for

•withholding

•property, etc.

•Punishment for

•mischief by

•injury to national

highway.

•204

Penalties.

•Competent

•authority, etc., to

•be public

servants.

•Power to make

rules.

•Penalty for

•making false

•entries in

•register, etc., for

•producing or

•tendering false

entries.

Penalties.

•EXTRACTS FROM THE SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1956

•(96 OF 1956)

•* * * * *

SECTION Section 638

Untitled Section

32.(1) Whoever fails to comply with any notice, order or direction issued or given

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

•three months, or with fine which may extend to one thousand rupees, or with both.

(2)Whoever commences or causes to be commenced any work in

•contravention of any restriction or condition imposed under sub -section ( 7) of

SECTION Section 639

Untitled Section

•section 10 or any plan for the re-development of a clearance area shall be punishable

•with imprisonment which may extend to three months, or with fine which may

•extend to one thousand rupees, or with both.

(3)Whoever obstructs the entry of any person authorised under this Act to

•enter into or upon any building or land or molests such person after such entry shall

•be punishable with fine which may extend to one thousand rupees.

•* * * * *

SECTION Section 64

Untitled Section

•Section 129 Failure to give

•notice of erection of

•new building, etc.

•500/-

SECTION Section 640

Untitled Section

38.The competent authority and any person authorised by it under this Act

•shall be deemed to be public servants within the meaning of section 21 of the Indian

•Penal Code.

•* * * * *

SECTION Section 641

Untitled Section

40.(1) * * * * *

(2)In particular and without prejudice to the generality of the foregoing power

•such rules may provide for all or any of the following matters, namely:—

•* * * * *

•(eeeeee) the matters in respect of which provision may be made under

•sub-section (5) of section 20B;

•* * * * *

•————

•EXTRACT FROM THE COPYRIGHT ACT, 1957

•(14 OF 1957)

•* * * * *

SECTION Section 642

Untitled Section

67.Any person who,—

(a)makes or causes to be made a false entry in the Register of Copyrights

•kept under this Act, or

(b)makes or causes to be made a writing falsely purporting to be a copy

•of any entry in such register, or

(c)produces or tenders or causes to be produced or tendered as evidence

•any such entry or writing, knowing the same to be false,

•shall be punishable with imprisonment which may extend to one year, or with fine,

•or with both.

•* * * * *

•————

•EXTRACT FROM THE COAL BEARING AREAS (ACQUISITION AND DEVELOPMENT)

•ACT, 1957

•(20 OF 1957)

•* * * * *

SECTION Section 643

Untitled Section

23.Whoever wilfully obstructs any person in doing any of the acts authorised by

•sub-section (3) of section 4 or wilfully fills up, destroys, damages or displaces any mark

•45 of 1860.

•205

•2 of 1974.

•made under section 4, or wilfully obstructs the lawful exercise of any other power

•conferred by or under this Act, or fails to comply with any order made or direction given

•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.

•* * * * *

•————

•EXTRACTS FROM THE DELHI DEVELOPMENT ACT, 1957

•(61 OF 1957)

•* * * * *

SECTION Section 644

Untitled Section

29.(1) Any person who whether at his own instance or at the instance of any

•other person or anybody (including a department of Government) undertakes or

•carries out development of any land in contravention of the master plan or zonal

•development plan or without the permission, approval or sanction referred to in

SECTION Section 645

Untitled Section

•section 12 or in contravention of any condition subject to which such permission,

•approval or sanction has been granted, shall be punishable,—

(a)with rigorous imprisonment which may extend to three years, if such

•development relates to utilising, selling or otherwise dealing with any land

•with a view to the setting up of a colony without a lay out plan; and

(b)with simple imprisonment which may extend to six months, or with

•fine which may extend to five thousand rupees, or with both, in any case, other

•than those referred to in clause (a).

(2)Any person who uses any land or building in contravention of the provisions

•of section 14 or in contravention of any terms and conditions prescribed by regulations

•under the proviso to that section shall be punishable with fine which may extend to

•five thousand rupees and in the case of a continuing offence, with further fine which

•may extend to two hundred and fifty rupees for every day during which such offence

•continues after conviction for the first commission of the offence.

(3)Any person who obstructs the entry of a person authorised under section

•28 to enter into or upon any land or building or molests such person after such entry

•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.

•* * * * *

SECTION Section 646

Untitled Section

31.(1) * * * * *

(5)Any person failing to comply with an order under sub-section (1) or, as the

•case may be, under sub-section (3), shall be punishable with fine which may extend

•to two hundred rupees for every day during which the non -compliance continues

•after the service of the order.

•* * * * *

34A.The Code of Criminal Procedure, 1973, shall apply to an offence under

•sub-section (1) of section 29 as if it were a cognizable offence,—

•* * * * *

•(ii) for the purposes of all matters other than—

(1)matters referred to in section 42 of that Code, and

Penalties.

•Power to stop

development.

•Certain offences

•to be cognizable.

•206

•Members and

•officers to be

•public servants.

•Sanction of

prosecution.

•Power to make

rules.

•Power of

•Commissioner

•regarding

assessment.

•* * * * *

SECTION Section 647

Untitled Section

47.Every member and every officer and other employee of the Authority shall

•be deemed to be a public servant within the meaning of section 21 of the Indian

•Penal Code.

•* * * * *

SECTION Section 648

Untitled Section

49.( 1) No prosecution for any offence punishable under this Act other

•than an offence referred to in sub -section (2) shall be instituted except with the

•previous sanction of the Authority or as the case may be, the local authority

•concerned or any officer authorised by the Authority or such local authority in this

behalf.

(2)No pro secution for any offence for failure to comply with the order

•of the officer referred to in sub -section ( 3) of section 31 and punishable

•under sub-section (5) of that section shall be instituted except with the previous

•sanction of the Lieutenant Governor or any officer authorised by him in

•this behalf.

•* * * * *

SECTION Section 649

Untitled Section

56.(1) * * * * *

(2)In particular and without prejudice to the generality of the

•foregoing power, such rules may provide for all or any of the following matters,

•namely:—

•* * * * *

•(ja) the manner in which the sealing of any development under

•sub-section (1) of section 31A shall be made;

•* * * * *

•————

•EXTRACTS FROM THE DELHI MUNICIPAL CORPORATION ACT, 1957

•(66 OF 1957)

•* * * * *

123D.The Commissioner may, at any time—

(a)make, suo motu, an assessment in any case where a return on the

•basis of self assessment has not been filed;

(b)revise any assessment where the information furnished in the return

•of self assessment is found to be incorrect;

(c)reopen any assessment even after the period of one year in any case

•where it has been detected that there is wilful suppression of information; and

(d)impose a penalty not exceeding thirty per cent of the difference in

•tax arising from non -filing of a return in time, giving wrong information or

•wilful suppression of facts.

•* * * * *

•45 of 1860.

•207

152A.Whoever wilfully makes default in the payment of, or wilfully attempts

•in any manner whatsoever to evade, any tax, including amount of interest due and

•penalty levied under this Act, or furnishes any wrong information in the return of

•assessment, or wilfully fails to furnish in due time the return of property tax, or does

•not furnish information as asked for under any provision of this Act, he shall,

•without prejudice to any other penal provision under this Act to which he may be

•subject, be punishable,—

(a)in the case where the amount of tax sought to be evaded

•exceeds ten lakh rupees, with rigorous imprisonment for a term which shall

•not be less tha n three months but which may extend up to seven

•years, and with fine of not less than fifty percent of the amount of tax

•evaded; and

(b)in any other case, with rigorous imprisonment for a term

•which shall not be less than one month but which may extend up to

•three years, and with fine of not less than fifty percent of the amount of tax

•evaded:

•Provided that the penalties so imposed shall be in additio n to, and not in

•derogation of, any liability in respect of the payment of tax which the defaulter may

•have incurred.

SECTION Section 65

Untitled Section

•Section 143 Prohibition of

•advertisement without

permission.

•5000/-

SECTION Section 650

Untitled Section

153.(1) When any tax has become due, the Commissioner shall cause to be

•presented to the person liable for the payment thereof, a bill for the amount due:

•Provided that no such bill shall be necessary in the case of—

(a)property tax payable on self -assessment of vacant land or covered

•space in any building;

•(aa) a tax on vehicles and animals;

(b)a theatre-tax; and

•* * * * *

SECTION Section 651

Untitled Section

305.(1) * * * * *

(3)No person shall construct or reconstruct any building or a portion thereof

•or any boundary wall or other structure whatsoever within the regular line of a street

•except with the written permission of the Commissioner:

•Provided tha t if within sixty days after the receipt of application

•from any person for permission to construct or reconstruct a boundary wall or a

•portion thereof, the Commissioner fails to take steps to acquire the land

•within the regular line of the street in accordance with section 308, then, that person

•may, subject to any other provisions of this Act and the bye-laws made thereunder,

•proceed with the work of construction or reconstruction of such boundary wall or

•portion thereof.

(4)When the Commissioner grants permission for the construction or

•reconstruction of any building or any boundary wall or other structure within the

•regular line of a street, he may require the owner of the building to ex ecute an

•agreement binding himself and his successors-in-interest not to claim compensation

•in the event of the Commissioner at any time thereafter calling upon him or any of

•his successors by written notice to remove any work carried out in pursuance of

•such permission and to pay the expenses of such removal if, in default, such removal

•is carried out by the Commissioner and may for that purpose require such owner to

•deposit in the Municipal Fund such sum as may be determined by him.

•Punishment for

•wilful default in

•payment of

•property tax,

•furnishing

•wrong

•information in

•return of

•assessment, etc.

•Presentation of

bill.

•Defining the

•regular line of

streets.

•208

•Acquisition of

•the remaining

•part of a

•building and

•land after their

•portions within

•a regular line of

•street have

•been acquired.

•Setting forward

•of buildings to

•the regular line

•of street.

•Prohibition of

•projections upon

•streets, etc.

(5)The Commissioner shall maintain—

(a)a register containing such particulars as may be specified by him in

•this behalf with plans attached thereto showing all public streets in respect of

•which the regular line of the street has been defined or redefined and

•containing any other particulars which the Commissioner may deem

•necessary;

(b)a register of all agreements executed under sub-section (4) and of all

•deposits made thereunder.

(6)All such registers shall be open to inspection by any person on payment of

•such fee as may be prescribed by the Commissioner with the sanction of the

•Standing Committee.

(7)Any agreement entered into in pursuance of sub -section (4) shall be in

•writing, shall be registered under the Indian Registration Act, 1908, and s hall be

•deemed to be an agreement in respect of the land to which it relates and any

•condition contained in such agreement shall be deemed to be an obligation annexed

•to the ownership of the said land and enforceable against the successors-in-interest

•of the owner of such land.

•* * * * *

SECTION Section 652

Untitled Section

309.(1) * * * * *

(2)Such surplus land may thereafter be utilised for the purpose of setting

•forward a building under section 310.

SECTION Section 653

Untitled Section

310.The Commissioner may, upon such terms as he thinks fit, allow any

•building to be set forward for the purpose of improving the regular line of a public

•street and may, with the sanction of the Standing Committee, by notice required any

•building to be so set forward in the case of reconstruction thereof or of a new

construction.

•Explanation:—For the purpose of this section a wall separating

•any premises from a public street shall be deemed to be a building; and it shall be

•deemed a sufficient compliance with permission or requisitio n to

•set forward a building to the regular line of a street if a wall of

•such material and dimensions as are approved by the Commissioner is erected along

•the said line.

•* * * * *

•Encroachments on streets

SECTION Section 654

Untitled Section

317.( 1) Except as provided in section 318, no person shall erect,

•set up, add to, or place against or in front of any premises any structure or fixture

•which will—

(a)overhang, jut or project into, or in any way encroach upon, and

•obstruct in any way the safe or convenient passage of the public along, any

•street, or

•16 of 1908.

•209

(b)jut or project into or encroach upon any drain or open channel in any street

•so as in any way to interfere with the use or proper working of such drain or channel

•or to impede the inspection or cleansing thereof.

•* * * * *

SECTION Section 655

Untitled Section

318.(1) The Commissioner may give a written permission, on such terms and

•on payment of such fee as he in each case thinks fit, to the owner or occupier of the

•building abutting on any street—

(a)to erect an arcade over such street or any portion thereof; or

(b)to put up a verandah, balcony, arch, connecting passage,

•sun-shade, weather frame, canopy, awning or other such structure

•or thing projecting from any storey over or across any street or

•portion thereof:

•Provided that no permi ssion shall be given by the Commissioner for the

•erection of an arcade in any public street in which construction of an arcade has not

•been generally sanctioned by the Corporation.

(2)The Commissioner may at any time by notice require the owner

•or occupier of any building to remove a verandah, balcony, sun -shade, weather

•frame or the like put up in accordance with the provisions of any law and such owner

•or occupier shall be bound to take action accordingly but shall be enti tled to

•compensation for the loss caused to him by such removal and the cost incurred

thereon.

•* * * * *

SECTION Section 656

Untitled Section

330.(1) No person shall, without lawful authority, take away or wilfully or

•negligently break or throw down or damage—

(a)any lamp or any appurtenance of any lamp or lamp post or lamp iron

•set up in any public street or any public place;

(b)any electric wire for lighting such lamp;

(c)any post, pole, standard, stay, strut, bracket or other contrivance for

•carrying, suspending or supporting any electric wire or lamp.

(2)No person shall wilfully or negligently extinguish the light of any lamp set

•up in any public street or any public place.

(3)If any person wilfully or through negligence or accident breaks, or causes

•any damage to, any of the things described in sub-section (1), he shall in addition to

•any penalty to which he may be subjected under this Act, pay the expenses of

•repairing the damage so done by him.

•* * * * *

•Projections over

•streets may be

•permitted in

•certain cases.

•Prohibition of

•removal, etc., of

lamps.

•210

•Sanction or

•refusal of

•building or

work.

•Provisions as to

•buildings and

•works on either

•side of new

streets.

•Order of

•demolition and

•stoppage of

•buildings and

•works in certain

•cases and

appeal.

•Power to seal

•unauthorised

constructions.

336.( 1) The Commissioner shall sanction the erection of a building

•or the execution of a work unless such building or work would contravene any of

•the provisions of sub-section (2) of this section or the provisions of section 340.

•* * * * *

(3)The Commissioner shall communicate the sanction to the person who has

•given the notice; and where he refuses sanction on any of the grounds specified in

•sub-section (2) or under section 340 he shall record a brief statement of his reasons

•for such refusal and communicate the refusal along with the reasons therefor to the

•person who has given the notice.

•* * * * *

SECTION Section 657

Untitled Section

340.( 1) The erection of any building on either side of a new street

•may be refused by the Commissioner unless and until such new street

•has been lev elled, and wherever in the opinion of the Commissioner

•practicable, metalled or paved, drained, lighted and laid with a water main to his

satisfaction.

(2)The erection of any such building or the execution of any such work may

•be refused by the Commissioner if such building or any portion thereof or such work

•comes within the regular line of any street, the position and direction of which has

•been laid down by the Commissioner but which has not been actually constructed

•or if such building or any portion thereof or such work is in contravention of any

•building or any other scheme or plan prepared under this Act or any other law for

•the time being in force.

•* * * * *

SECTION Section 658

Untitled Section

343.(1) * * * * *

(5)Subject to an order m ade by the Administrator on appeal under

SECTION Section 659

Untitled Section

•section 347D, every order made by the Appellate Tribunal on appeal under this

•section, and subject to the orders of the Administrator and the Appellate Tribunal

•on appeal the order of demolition made by the Commissioner shall be final and

conclusive.

(6)Where no appeal has been preferred against an order of

•demolition made by the Commissioner under sub -section ( 1) or where an

•order of demol ition made by the Commissioner under that subsection has been

•confirmed on appeal, whether with or without variation, by the

•Appellate Tribunal in a case where no appeal has been preferred against the order

•of the Appellate Tribunal, and by the Administrator in a case where an appeal has

•been preferred against the order of the Appellate Tribunal the person

•against whom the order has been made shall comply with the order within the period

•specified therein, or as the case may be, within the period, if any, fixed by the

•Appellate Tribunal or the Administrator on appeal and on the failure of the person

•to comply with the order within such period, the Commissioner may himself cause

•the erection or the work to which the order relates to be demolished and the expenses

•of such demolition shall be recoverable from such person as an arrear of tax under

•this Act.

•* * * * *

345A.(1) * * * * *

(3)No person shall remove such seal except—

•211

•* * * * *

(b)under an order of an Appellate Tribunal or the Administrator, made

•in an appeal under this Act.

•* * * * *

347B.( 1) Any person aggrieved by any of the following orders made or

•notices issued under this Act, may prefer an appeal against such order or notice to

•the Appellate Tribunal, namely:—

•* * * * *

(j)an order disallowing the erection of any building or the execution of

•any work under section 340;

•* * * * *

347D.( 1) An appeal shall lie to the Administrator against an order of the

•Appellate Tribunal, made in an appeal under section 343 or section 347B,

•confirming, modifying or annulling an order made or notice issued under this Act.

•* * * * *

(3)An order of the Administrator on an appeal under this section, and subject

•only to such order, an order of the Appellate Tribunal under section 347B, and

•subject to such orders of the Administrator or an Appellate Tribunal, an order or

•notice referred to in sub-section (1) of that section, shall be final.

•* * * * *

SECTION Section 66

Untitled Section

•Section 314,

•sub-section

(1), clauses

(a)and (b)

•Failure to comply

•with requisition to

•show cause for

•alteration of street or

•for appearance before

•the Commissioner.

•200/-

SECTION Section 660

Untitled Section

351.All matters deposited in public receptacles, depots and places provided

•or appointed under section 352 and all matters collected by municipal employees or

•contractors in pursuance of section 350 and section 355 shall be the property of the

Corporation.

•* * * * *

SECTION Section 661

Untitled Section

355.(1) It shall be lawful for the Commissioner to take or cause to be taken

•measures for the daily collection, removal and disposal of all filth and polluted and

•obnoxious matter from latrines, urinals and cesspools not connected by a drain with

•a municipal drain from all premises situate in any portion of Delhi.

(2)In such portion of Delhi and in any premises wherever situate in which

•there is a latrine, or urinal connected with a municipal drain, it shall not be lawful,

•except with the written permission of the Commissioner, for any person who is not

•employed by or on behalf of the Commissioner, to discharge any of the duties of

scavengers.

•* * * * *

SECTION Section 662

Untitled Section

357.(1) * * * * *

(3)No person sh all, after due provision has been made in this respect under

•the foregoing provisions of this Chapter for the deposit and removal of the same—

(a)deposit any rubbish, filth and other polluted and obnoxious matter in

•any street or on the verandah of any building or on any unoccupied ground

•alongside any street or on the bank of a water course; or

•Appeals against

•certain orders or

•notices issued

•under the Act.

•Appeal against

•orders of

•Appellate

Tribunal.

•Rubbish, etc., to

•be the property

•of the

Corporation.

•Collection and

•removal of filth

•and polluted

•matter through

•municipal

agency.

•Prohibition

•against

•accumulation of

•rubbish, etc.

•212

•Construction of

•latrines and

urinals.

•Latrines and

•urinals, etc., in

•new buildings.

•Other provisions

•as to private

latrines.

(b)deposit any filth or other polluted and obnoxious matter in any

•dustbin or in any vehicle not intended for the removal of the same; or

(c)deposit rubbish in any vehicle or vessel intended for the removal of

•filth and other polluted and obnoxious matter.

•* * * * *

•Latrines and urinals

SECTION Section 663

Untitled Section

360.(1) It shall not be lawful to construct any latrine or urinal for any premises

•except with the written permission of the Commissioner and in accordance with

•such terms not inconsistent with the provisions of this Act or any b ye-laws made

•thereunder as he may prescribe.

(2)In prescribing any such terms the Commissioner may determine in each case—

(a)whether the premises shall be served by the service system or by the

•flush system or partly by the one and partly by the other; and

(b)what shall be the site or position of each latrine or urinal.

(3)If any latrine or urinal is constructed on any premises in contravention of

•the foregoing provisions, the Commissioner may, after giving not less than ten days’

•notice to the owner or occupier of such premises, alter, reconstruct, close or

•demolish such latrine or urinal and the expenditure incurred by the Commissioner

•in so doing shall be recoverable from the owner or occupier as an arrear of tax under

•this Act.

SECTION Section 664

Untitled Section

361.(1) It shall not be lawful to erect any building or execute any work on or

•in relation to such building without providing such latrine accommodation and

•urinal accommodation and accommodation for bathing or for washing clothes and

•utensils on each floor of such building as the Commissioner may prescribe.

(2)In prescribing any such accommodation the Commissioner may determine

•in each case—

(a)whether such building shall be served by the service system or by the

•flush system or partly by the one and partly by the other;

(b)what shall be the site or position of each latrine, urinal, bathing or

•washing place or site and their number of each floor and their clear internal

dimensions.

(3)It shall not be lawful to erect a residential building composed of separate

•tenements on the flat system without providing at least one latrine and one bathing

•or washing place for servants on the ground floor of such building or at any other

•suitable place in the same premises.

(4)In this section the expression “to erect a building” h as the same meaning

•as in section 331.

•* * * * *

SECTION Section 665

Untitled Section

364.The Commissioner may, by written notice—

(a)require the owner or other person having the control of any private

•latrine or urinal not to put the same to public use; or

(b)require the owner or other person having the control of such private

•latrine or urinal which in the opinion of the Commissioner constitutes a

•nuisance, to remove the latrine or the urinal; or

(c)require any person having the control whether as owner, lessee or

•occupier of any land or building—

•213

(i)to have any latrines provided for the same shut out by a

•sufficient roof, wall or fence from the view of persons passing by or

•dwelling in the neighbourhood; or

•(ii) to cleans in such manner as the Commissioner may prescribe

•in the notice any latrine or urinal belonging to the land or building; or

(d)where any premises intended or used for human habitation are

•without any latrine or urinal accommodation or are provided with

•insufficient latrine or urinal accommodation, require the owner, lessee or

•occupier of such premises to provide such or such additional latrine or urinal

•accommodation as he may prescribe, if necessary by causing any part of such

•premises to be vacated and demolished in accordance with bye-laws made in

•this behalf.

•* * * * *

SECTION Section 666

Untitled Section

369.Where the Commissioner upon any information in his possession is

•satisfied that any hut or shed used as a dwelling house or as a stable or for any other

•purpose, is likely, by reason of its being constructed without a plinth or upon a plinth

•of insufficient height or without proper means of drainage or on account of the

•impracticability of scavenging and cleansing it or owing to the manner in which it and

•other huts o f sheds are crowded together, to cause risk of disease to the inmates

•thereof or to the inhabitants of the neighbourhood, or is for any reason likely to

•endanger public health or safety, he may by notice in writing require the owner or

•occupier of the hut of shed or the owner or occupier of the land on which the hut or

•shed stands to remove or alter the hut or shed or carry out such improvement thereof

•as the Commissioner may deem necessary within such time as may be specified

•in the notice.

•Regulation of washing by washermen

SECTION Section 667

Untitled Section

370.( 1) The Commissioner may by public notice prohibit the washing of

•clothes by washermen in the exercise of their callings except at such places as he

•may appoint for the purpose.

(2)When any such prohibition has been made, no person who is by calling a

•washerman shall in contravention of such prohibition wash clothes except for

•himself or for personal and family service or for hire on or within the premises of

•the hirer, at any place other than a place appointed under sub-section (1).

•* * * * *

SECTION Section 668

Untitled Section

373.Where the Commissioner is of opinion that the cleansing and

•disinfection of any building or part of a building or of any articles in such building

•or part which are likely to re tain infection, or the renewal of flooring of any

•building or part of such building, and the renewal of plastering of the walls thereof,

•would tend to prevent or check the spread of any dangerous disease; he may, by

•notice in writing, requ ire the owner or occupier to cleanse and disinfect the said

•building, part or articles, as the case may be, or to renew the said flooring

•and if necessary, the said plastering also within such time as may be specified in the

•notice:

•Provided that where in the opinion of the Commissioner the owner or occupier

•is from poverty or any other cause unable effectually, to carry out any such

•requisition, the Commissioner may at the expense of the Municipal Fund cleanse

•and disinfect the building, part or articles, or, as the case may be, renew the flooring

•and if necessary, the plastering also.

•Insanitary huts

•and sheds.

•Prohibition

•against washing

•by washermen.

•Disinfection of

•buildings and

SECTION Section 669

Untitled Section

articles.

•214

•Destruction of

•infectious huts

•or sheds.

•Infected clothes

•not to be sent to

•washerman or to

laundry.

•Contamination

•and disinfection

•of public

conveyance.

•Disinfection of

•buildings before

•letting the same.

374.(1) Where the destruction of any hut or shed is in the opinion of the

•Commissioner necessary to prevent the spread of any dangerous disease, the

•Commissioner may by notice in writing require the owner to destroy the hut or shed

•and the materials thereof within such time as may be specified in the notice.

(2)Where the Commissioner is satisfied that the destruction of any hut or shed

•is immediately necessary for the purpose of preventing the spread of any dangerous

•disease, he may order the owner or occupier of the hut or shed to destroy the same

•forthwith or may himself cause it to be destroyed after giving not less than six hours’

•notice to the owner or occupier.

•* * * * *

SECTION Section 67

Untitled Section

•Section 315,

•sub-section

(1)

•Failure to comply

•with requisition on

•owner of private street

•or owner of adjoining

•land or building to

•level, etc., such street.

•100/-

SECTION Section 670

Untitled Section

377.(1) A person shall not send or take to any washerman or to any laundry

•or place set a part for the exercise by washermen of their calling, for the purpose of

•being washed or to anyplace for the purpose of being cleansed, any cloth or other

SECTION Section 671

Untitled Section

•article which he knows to have been exposed to infection from a dangerous disease

•unless that cloth or article has been disinfected by or to the satisfaction of the

•Municipal Health Officer.

(2)The occupier of any building in which a person is suffering from a

•dangerous disease shall, if required by the Municipal Health Officer, furnish to him

•the address of any washerman to whom or any laundry or other place to which

•clothes and other articles from the building have been, or will be, sent during the

•continuance of the disease, for the purpose of being washed or cleaned.

SECTION Section 672

Untitled Section

378.(1) Whoever—

(a)uses a public conveyance while suffering from a dangerous disease, or

(b)uses a public conveyance for the carriage of a person who is suffering

•from any disease, or

(c)uses a public conveyance for the carriage of the corpse of a person who

•has died from any such disease, shall be bound to take proper precautions against

•the communication of the disease to other persons using or who may thereafter

•use the conveyance and to notify such use of the owner, driver or person incharge

•of the conveyance, and further report without delay to the Commissioner the

•number of the conveyance and the name of the person so notified.

(2)Where any person suffering from, or the corpse of any person who has died

•from, a dangerous disease has been carried in public conveyance which ordinarily

•plies in Delhi or any part thereof, the driver thereof shall forthwith report the fact to

•the Commissioner who shall forthwith cause the conveyance to be disinfected if that

•has not already been done.

(3)No such conveyance shall be again brought into use until the Municipal

•Health Officer has granted a certificate stating that it can be used without causing

•risk of infection.

(4)Whoever fails to make to the Commissioner any report which he is

•required to make under this section shall be guilty of an offence.

•* * * * *

SECTION Section 673

Untitled Section

380.(1) Where any building or part of a building is intended to be let in which

•any person has, within six weeks immediately preceding, been suffering from a

•dangerous disease, the person letting the building or part shall, before doing so,

•disinfect the same in such manner as the Commissioner may by general or special

•notice direct together with all articles therein liable to retain infection.

•215

(2)For the purposes of this section the keeper of a hostel, lodging house or

•sarai shall be deemed to let to any person who is admitted as a guest therein that part

•of the building in which such person is permitted to reside.

•* * * * *

SECTION Section 674

Untitled Section

382.No person while suffering from or in circumstances in which he is likely

•to spread, any dangerous disease, shall—

(a)make, carry or offer for sale or take any part in the business of making,

•carrying or offering for sale, any article of food or drink or any medicine or drug for

•human consumption, or any article of clothing or bedding for personal use or wear, or

(b)take any part in the business of the washing or carrying of clothes.

•* * * * *

SECTION Section 675

Untitled Section

385.No person shall,—

(a)knowing that he is suffering from a dangerous disease, expose other

•persons to the risk of infection by his presence or conduct in any public street

•or public place;

(b)having the care of a person whom he knows to be suffering from a

•dangerous disease, cause or permit that person to expose other persons to the risk

•of infection by his presence or conduct in any such street or place as aforesaid;

(c)place or cause to be placed in a dustbin or other receptacle for the deposit

•of rubbish, any matter which he knows to have been exposed to infection from a

•dangerous disease and which has not been disinfected properly;

(d)throw or cause to be thrown into any latrine or urinal any matter

•which he knows to have been exposed to infection from a dangerous disease

•and which has not been disinfected properly.

•* * * * *

•Special conditions regarding essential services

SECTION Section 676

Untitled Section

387.(1) No person being a sweeper employed by the Corporation shall in the

•absence of any contract authorising him so to do and without reasonable cause,

•resign his employment or absent himself from his duty without having given one

•month's notice to the Commissioner or shall neglect or without reasonable cause

•refuse to perform his duties.

(2)The Corporation may by resolution direct that on or from such date as may

•be specified in the resolution, the provisions of this section shall apply in the case

•of any specified class of persons employed by the Corporation whose functions are

•intimately concerned with public health or safety.

•* * * * *

SECTION Section 677

Untitled Section

396.(1) It shall be the duty of the father or mother of every child born in Delhi

•and in default of the father or mother, of any relation of the child living in the same

•premises, and in default of such relation, of the person having charge of the child,

•to give to the best of his knowledge and belief to the registrar of the area concerned

•within eight days after such birth, information containing such particulars as may

•be prescribed by bye-laws made in this behalf.

(2)It shall be the duty of the nearest relation present at the time of the death

•or in attendance during the last illness of any person dying in Delhi and in default

•of such relation, of any person present or in attendance at the time of the death, and

•of the occupier of the premises in which to his knowledge the death took place and

•in default of the person hereinbefore mentioned, of each inmate of such premises

•and of the undertaker or other person causing the corpse of the deceased person to

•be disposed of, to give to the best of his knowledge and belief to the registrar of the

•area within which the death took place information co ntaining such particulars as

•may be prescribed by bye-laws made in this behalf.

•Prohibition of

•making or

•selling of food,

etc., or washing

•of clothes by

•infected persons.

•Duty of persons

•suffering from

•dangerous

disease.

•Conditions of

•service of

•sweepers and

•certain other

•class of persons

•employed in

•municipal

service.

•Information of

•births and

deaths.

•216

•Stacking or

•collecting

•inflammable

materials.

•Care of naked

lights.

•Discharging

•fireworks, fire-

•arms, etc.

•Prohibition of

•keeping market

•open without

•licence, etc.

•Prohibition of

•use of

•unlicenced

markets.

•Prohibition of

•business and

•trade near a

market.

(3)If a birth or death occurs in the hospital, none of the persons mentioned in

•sub-section (1) or, as the case may be, in sub -section (2) shall be bound to give

•information required by that sub -section, but it shall be the duty of the medical

•officer in charge of the hospital within twenty-four hours after the birth or death, to

•send to the Municipal Health Officer a notice containing such particulars as may be

•prescribed by byelaws made in this behalf.

•* * * * *

•Prevention of fire, etc.

SECTION Section 678

Untitled Section

400.The Commissioner may, by public notice, prohibit in any case where such

•prohibition appears to him to be necessary for the prevention of danger to life or

•property, the stacking or collecting of wood, dry grass, straw or other inflammable

•materials, or the placing of mats or thatched huts or the lighting of fires in any place

•which may be specified in the notice.

SECTION Section 679

Untitled Section

401.No person shall set a naked light on or near any building in any public

•street or other public place in such manner as to cause danger of fire:

•Provided that nothing in this section shall be deemed to prohibit the use of

•lights for the purposes of illumination on the occasion of a festival or public or

•private entertainment.

SECTION Section 68

Untitled Section

•Section 317,

•sub-section

(1)

•Prohibition of

•projections upon

•streets, etc.

•5000/-

SECTION Section 680

Untitled Section

402.No one shall discharge any fire-arm or let of fire-works or fire-baloons, or

•engage in any game in such manner as to cause or to be likely to cause danger to persons

•passing by or dwelling or working in the neighbourhood or risk of injury to property.

•* * * * *

SECTION Section 681

Untitled Section

409.(1) No person shall keep open for public use any market in respect of

•which a licence is required by or under this Act without obtaining a licence therefor,

•or while the licence therefor is suspended or after the same has been cancelled.

(2)When a licence to open a private market is granted or refused or is

•suspended or cancelled the Commissioner shall cause a notice of the grant, refusal,

•suspension or cancellation to be posted in such language or languages as he thinks

•necessary in some conspicuous place by or near the entrance to the place to which

•the notice relates.

SECTION Section 682

Untitled Section

410.No person knowing that any market has been opened to the public without a

•licence having been obtained therefor when such licence is required by or under this Act

•or that the licence granted therefor is for the time being suspended or that it has been

•cancelled, shall sell or expose for sale any animal or article in such market.

SECTION Section 683

Untitled Section

411.(1) No animal or article shall be sold or exposed for sale within a distance

•of one hundred yards of any municipal market or licensed private market without

•the permission of the Commissioner.

(2)Any person contravening the provisions of sub-section (1) and any animal

•or article exposed for sale by such person may be summarily removed by or under

•the orders of the Commissioner or any officer or employee of the Corporation

•appointed by him in this behalf.

•217

•2 of 1974

•* * * * *

SECTION Section 684

Untitled Section

414.The person in charge of a market shall prevent the entry therein of, and

•shall expel therefrom, any person suffering from leprosy in whom the process of

•ulceration has commenced or from any dangerous disease, who sells or exposes for

•sale therein any article or who, not having purchased the same handles any articles

•exposed for sale therein; and he may expel therefrom any person whom is creating

•a disturbance therein.

•* * * * *

SECTION Section 685

Untitled Section

437.No person shall obstract or molest any person authorised or

•empowered by or under this Act or any person with whom the Corporation

•or any of the municipal authorities specified in section 44 has lawfully contracted,

•in the execution of his duty or of anything which he is authorised or empowered

•or required to do by virtue or inconsequence of any of the provisions of this

•Act or any bye -law made thereunder, or in fulfilment of his contract, as the case

•may be.

•* * * * *

•Offences and Penalties

SECTION Section 686

Untitled Section

461.Whoever—

(a)contravenes any provision of any of the sections, sub -sections,

SECTION Section 687

Untitled Section

•clauses, provisos or other provisions of this Act mentioned in the first column

•of the Table in the Twelfth Schedule; or

(b)fails to comply with any order or direction lawfully given to him or

•any requisition lawfully made upon him under any of the said sections, sub -

•sections, clauses, provisos or other provisions, shall be punishable—

•* * * * *

SECTION Section 688

Untitled Section

465.Whoever, in any case in which a penalty is not expressly provided by this

•Act, fails to comply with any notice, order or requisition issued under any provision

•thereof, or otherwise contravenes any of the provisions of this Act, shall be

•punishable with fine which may extend to one hundred rupees, and in the case of a

•continuing failure or contravention, with an additional fine which may extend to

•twenty rupees for every day after the first during which he has persisted in the failure

•or contravention.

•* * * * *

466A.The Code of Criminal Procedure, 1973, shall apply to,—

(a)an offence under sub -section (5) of section 313 or section 332 or

•sub-section (1) of section 333 or sub-section (1) of section 334 or section 343

•or section 344 or section 345 or section 347;

•Power to expel

•lepers and

•disturbers, etc.

•from markets.

•Prohibition of

•obstruction or

•molestation in

•execution of

work.

•Punishment for

•certain offences.

•General penalty.

•Certain offences

•to be cognizable.

•218

•Arrest of

offenders.

•Duties of police

officers.

(b)an offence under sub-section ( 1) of section 317 or

•sub-section ( 1) of section 320 or sub -section ( 1) of section 321 or

•sub-section (1) of section 325 or section 339 in relation to any street which is

•a public street,

•as if it were a cognizable offence—

(i)for the purposes of investigation of such offence; and

•(ii) for the purposes of all matters other than—

(1)matters referred to in section 42 of that Code, and

(2)arrest of a person, except on the complaint of, or upon

•information received from, such officer of the Corporation, not being

•below the rank of a Deputy Commissioner, as may be appointed by the

•Administrator:

•Provided that no offence of the contravention of any condit ion subject of

•which sanction was accorded for the erection of any building or the execution of

•any work shall be cognizable, if such contravention relates to any deviation from

•any plan of such erection or execution sanctioned by the Commissioner which is

•compoundable on payment of an amount under the bye -laws relating to buildings

•made under this Act.

•Powers and duties of police officers

SECTION Section 689

Untitled Section

474.(1) Any police officer may arrest any person who commits in his view

•any offence against this Act or against any r ule, regulation or bye -law made

•thereunder, if—

(a)the name and address of such person be unknown to him, and

(b)such person on demand declines to give his name and

•address or gives a name and address which such officer has reason to believe

•to be false.

(2)No person so arrested shall be detained in custody after his true

•name and address are ascertained or, without the order of the nearest magistrate, for

•a period longer than twenty -four hours from the time of arrest exclusive of

•the time necessary for the journey from the place of arrest to the court of such

magistrate.

SECTION Section 69

Untitled Section

•Section 317,

•sub-section

(2)

•Failure to comply

•with requisition to

•remove projections

•from streets.

•5000/-

SECTION Section 690

Untitled Section

475.It shall be the duty of all police officers to give immediate information to

•the Commissioner of the commission of, or the attempt to commit any offence

•against this Act or any rule, regulation or bye-law made thereunder and to assist all

•municipal officers and other municipal employees in the exercise of their lawful

authority.

•* * * * *

•219

482.(1) Any bye-law made under this Act may provide that a contravention

•thereof shall be punishable—

(a)with fine which may extend to five hundred rupees; or

(b)with fine which may extend to five hundred rupees and in the case of

•a c ontinuing contravention, with an additional fine which may extend to

•twenty rupees for every day during which such contravention continues after

•conviction for the first such contravention; or

(c)with fine which may extend to twenty rupees for every day d uring

•which the contravention continues, after the receipt of a notice from the

•Commissioner or any municipal officer duly authorised in that behalf, by the

•person contravening the bye -law requiring such person to discontinue such

•contravention:

•Provided that a contravention of any bye -law relating to the

•road transport services may be punishable with imprisonment which may extend

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

•with both.

(2)Any such bye-law may also provide that a person contravening the same

•shall be required to remedy so far as lies in his power, the mischief, if any, caused

•by such contravention.

•* * * * *

•THE TWELFTH SCHEDULE

•[See section 461]

•PENALTIES

Explanation.—The entries in the second column of the following

•table headed “Subject” are not intended as definitions of the offences

•prescribed in the provisions mentioned in the first column or even

•as abstracts of those provisions, but are inserted merely as reference to the

•subject thereof.

•Penalty for

•breaches of

•bye-laws.

•Section, sub-section,

SECTION Section 691

Untitled Section

•clause or proviso

•Subject Fine or imprisonment

•which may be

•imposed

•Daily fine

•which may be

•imposed

SECTION Section 692

Untitled Section

•Section 128,

•sub-sections (1)& (2).

•Failure to give notice of transfer or devolution

•of land or building.

Rs.50 ...

SECTION Section 693

Untitled Section

•Section 128

•sub-section (3).

•Failure to produce instrument of transfer. Rs. 50 ...

•220

•Section, sub-section,

SECTION Section 694

Untitled Section

•clause or proviso

•Subject Fine or imprisonment

•which may be

•imposed

•Daily fine which

•may be imposed

SECTION Section 695

Untitled Section

•Section 128,

•sub-sections (1) & (2).

•Failure to give notice of transfer or devolution

•of land or building.

Rs.50 ...

SECTION Section 696

Untitled Section

•Section 128

•sub-section (3).

•Failure to produce instrument of transfer. Rs. 50 ...

SECTION Section 697

Untitled Section

•Section 129 Failure to give notice of erection of new

•building, etc.

Rs.50 ...

SECTION Section 698

Untitled Section

•Section 130 Failure to give notice of demolition or removal

•of building.

Rs.50 ...

SECTION Section 699

Untitled Section

•Section 131 Failure to comply with requisition to furnish

•information, etc.

Rs.50

SECTION Section 7

Untitled Section

2.1871 1 The Cattle-

•trespass Act,

•1871

(A)For section 3, the following section shall be

•substituted, namely:—

•‘3. Definitions. —In this Act, unless the context

•otherwise requires,––

(a)“adjudicating officer” means the

•Sub-Divisional Magistrate or any other Executive

•Magistrate authorised by the State Government or the

•Union territory administration, as the case may be ;

(b)“appellate authority” means the District

•Magistrate or the Additional District Magistrate

•authorised by the State Government or the Uni on

•territory administration, as the case may be;

(c)“cattle” includes also camels, buffaloes,

•horses, mares, geldings, ponies, colts, fillies,

•mules, asses, pigs, rams, ewes, sheep, lambs, goats

•and kids;

(d)“local authority” means Municipal

•Corporation, Municipal Council, Municipality,

•Cantonment Board, Notified Area Committee,

•Gram Panchayat or any other authority for the time

•being vested by law with the control and

•administration of any matters within a specified

•local area; and

(e)“officer of poli ce” also includes

•village-watchman.’.

(B)In section 6, for the words, “the Indian Penal Code

•(45 of 1860)”, the words, brackets and figures

•“clause (28) of section 2 of the Bharatiya Nyaya Sanhita,

•2023 (45 of 2023)” shall be substituted.

(C)In section 8, in clause (a), for the word “animals”,

•the word “cattle” shall be substituted.

•5

(1)(2) (3) (4) (5)

(D)For section 12, the following section shall be

•substituted, namely:––

•“12. Penalties for cattle impounded.—(1) For every

•head of cattle impounded as aforesaid, the

•pound-keepers shall impose penalty in accordance with

•the scale for the time being prescribed by the State

•Government in this behalf by notification in the Official

•Gazette and different scales may be prescribed for

•different local areas.

(2)All penalties so imposed shall be deposited with

•the Magistrate of the District through such officer as the

•State Government may direct.

(3)A list showing the penalties and the rates of

•charge for feeding and watering cattle shall be posted in

•a conspicuous place on or near to every pound.”.

(E)In section 13,––

(i)in the marginal heading, for the word “fines”, the

•word “penalties” shall be substituted;

•(ii) for the words “payment of the fines”, the words

•“payment of penalties imposed” shall be substituted.

(F)In section 15,––

(i)for the words “appear and refuse to pay the said

•fines and expenses”, the words “appears and refuses to

•pay the said penalties and expenses” shall be substituted;

•(ii) for the words “deposit of the fines”, the words

•“deposit of the penalties imposed” shall be substituted.

(G)In section 16,––

(i)in the marginal heading, for the word “fines”, the

•word “penalties” shall be substituted;

•(ii) for the words “deposit the said fines”, the words

•“deposit the said penalties imposed” shall be substituted;

•(iii) for the words “Deduction of fines and expenses”,

•the words “Deduction of penalties and expenses” shall

•be substituted;

•(iv) for the words “fines leviable”, the words

•“penalties imposed” shall be substituted;

(v)in clause ( c), for the word “fines”, the word

•“penalties” shall be substituted.

(H)In section 17,––

(i)in the marginal heading, for the word “fines”, the

•word “penalties” shall be substituted.

•(ii) for the words “the fines so deducted”, the words

•“the penalties so deducted” shall be substituted.

•6

(1)(2) (3) (4) (5)

(I)In section 22,––

(i)for the words “one hundred rupees”, the words

•“five thousand rupees” shall be substituted;

•(ii) for the words “together with all fines paid”, the

•words “together with all penalties paid” shall be

•substituted;

•(iii) for the words “the fines and expenses leviable”,

•the words “the penalties imposed and expenses

•incurred” shall be substituted.

(J)In section 23, for the words “compensation, fines and

•expenses”, the words “compensation, penalties and

•expenses” shall be substituted.

(K)In section 24, for the words “on conviction before a

•Magistrate, be punished with imprisonment for a period not

•exceeding six months, or with fine not exceeding five

•hundred rupees, or with both”, the words “on being found

•in default by the adjudicating officer, be liable to penalty of

•not exceeding five thousand rupees” shall be substituted.

(L)In section 25,––

(i)for the words “Any fine imposed under the next

•following section or for the offence of mischief”, the

•words “Any penalty imposed under the next following

•section or for mischief” shall be substituted;

•(ii) for the words “the person convicted of the

•offence”, the words “the person found liable” shall be

substituted.

(M)For section 26, the following section shall be

•substituted, namely:––

•“26. Penalty for damage caused to land or crops or

•public roads by pigs and cattle. ––(1) Any owner or

•keeper of pigs who, through neglect or otherwise,

•damages or causes or permits to be damaged any land,

•or any crop or produce of land, or any public road, by

•allowing such pigs to trespass thereon, shall, on being

•found in default by the adjudicating officer be liable to

•penalty not exceeding one thousand rupees.

(2)Any owner or keeper of cattle who, through

•neglect or otherwise, damages or causes or permits to be

•damaged any land or any crop or produce of land or any

•public road, by allowing such cattle to trespass thereon,

•shall, on being found in default by the adjudicating

•officer be liable to penalty not exceeding five thousand

rupees.”.

(N)In section 27, for the words “be punished, on

•conviction before a Magistrate, with fine not exceeding

•fifty rupees. Such fines”, the words “on being found in

•default by the adjudicating officer, be liable to penalty, not

•exceeding five thousand rupees and such penalty” shall be

substituted.

•7

(1)(2) (3) (4) (5)

(O)After section 27, the following sections shall be

•inserted, namely:––

•“27A. Adjudication of penalties.––For the purpose

•of adjudicating penalties under the provisions of this Act

•and the rules made thereunder, the State Government or

•the Union territory administration, may authorise the

•Sub-Divisional Magistrate or any other Executive

•Magistrate, as the case may be, having jurisdiction, as an

•adjudicating officer for holding an inquiry and imposing

•penalties in such manner as may be prescribed by the

•Central Government:

•Provided that no such penalty shall be imposed

•without giving the person concerned a reasonable

•opportunity of being heard.

27B.Appeal.––(1) Whoever aggrieved by an order

•of the adjudicating officer under section 27A may,

•within thirty days from the date of receipt of the such

•order, prefer an appeal to the District Magistrate or the

•Additional District Magistrate specially authorised in

•this behalf by the State Government or the Union

•territory administration as an appellate authority, in such

•form and manner as may be prescribed by the Central

Government.

(2)An appeal may be admitted to 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)An appeal under sub-section (1) shall be disposed

•of within sixty days from the date of filing.

27C.Imprisonment for non-payment of penalty.––

•Where any person fails to pay the penalty imposed under

•the provisions of this Act and the rules made thereunder

•within ninety days of such imposition, he shall be

•punishable with imprisonment for a term which may

•extend to three months or with fine which may extend to

•twice the amount of the penalty, or with both.”.

(P)For section 28, the following section shall be

•substituted, namely:––

•“28. Remittance of penalty. ––(1) Where an

•adjudicating officer imposes a penalty under the

•provisions of this Act and the rules made thereunder, the

•amount of said penalty realised shall be credited to the

•fund of the Animal Welfare Board of India constituted

•under the Prevention of Cruelty to Animals

•Act, 1960 (59 of 1960).

•8

(1)(2) (3) (4) (5)

(2)The Board referred to in sub -section (1) shall

•utilise the amount realised through penalty under

•sub-section ( 1) for the implementation of the

•provisions of the Act and the rules made thereunder

•in such manner as may be prescribed by th e Central

Government.”.

(Q)In CHAPTER VII, for the Chapter heading “SUITS

•FOR COMPENSATION”, the heading “A PPLICATION FOR

•COMPENSATION” shall be substituted.

(R)In section 29,––

(i)in the marginal heading, for the words “sue for

•compensation”, the words “apply for compensation”

•shall be substituted;

•(ii) for the words “suing for compensation in any

•competent Court”, the words “making an application

•for compensation to the adjudicating officer” shall be

substituted.

(S)In section 30,––

(i)for the words “convicting Magistrate”, the

•words “adjudicating officer” shall be substituted;

•(ii) for the words “such suit”, the words “such

•complaint” shall be substituted.

(T)After section 31, the following section shall be

•inserted, namely:––

•“32. Power of Central Government to make

rules.––(1) The Central Government may, by

•notification in the Official Gazette, make rules not

•inconsistent with the provisions of this Act, to carry

•out the provisions of this Act.

(2)In particular, and without prejudice to the

•generality of the foregoing power, such rules may

•provide for all or any of the following matters,

•namely:—

(a)the manner of holding an inquiry and

•imposing penalties under section 27A;

(b)the form and manner of appeal under

•sub-section (1) of section 27B; and

(c)the manner of utilisation of penalty amount

•under sub-section (2) of section 28.

(3)Every rule made under this Act shall be laid, as

•soon as may be after it is made, before each House of

•Parliament, while it is in session, for a total period of

•thirty days which may be comprised in one session or

•in two or more successive sessions, and if, before the

•expiry of the session immediately following

•the session or the successive sessions aforesaid, both

•9

(1)(2) (3) (4) (5)

•Houses agree in making any modification in said

•rules or both Houses agree that the rules should not

•be made, the rules shall thereafter have effect only in

•such modified form or be of no effect, as the case may

•be; so, however, any such modification or annulment

•shall be without prejudice to the validity of anything

•previously done under that rule.”.

SECTION Section 70

Untitled Section

•Section 320,

•sub-section

(1)

•Erection, etc., of

•structures of fixtures

•which cause obstruction

•in streets.

•5000/-

•36

(1)(2) (3) (4) (5)

(1)(2) (3)

SECTION Section 700

Untitled Section

•Section 135,

•sub-section (2).

•Wilful delay or obstruction of valuers. Rs. 50 ...

SECTION Section 701

Untitled Section

•Section 143 Prohibition of advertisement without

permission.

Rs.200 Rs. 50

SECTION Section 702

Untitled Section

•Section 168 Failure to give notice of vacant land or

building.

Rs.50 Rs. 5

SECTION Section 703

Untitled Section

•Section 172,

•sub-section (2).

•Non-compliance with the requisition of

•attendance before the Commissioner. Rs. 50 ...

SECTION Section 704

Untitled Section

•Section 175 Failure to disclose liability. Rs. 100 ...

SECTION Section 705

Untitled Section

•Section 305,

•sub-section (3).

•Construction of building within the regular line

•of street without permission. Rs. 1,000 Rs. 100

SECTION Section 706

Untitled Section

•Section 307 Failure to comply with requisition to set back

•buildings to regular line of street.

Rs.200 Rs. 50

SECTION Section 707

Untitled Section

•Section 310. Failure to comply with requisition to set

•forward buildings to regular line of

street.

Rs.200 Rs. 10

SECTION Section 708

Untitled Section

•Section 313,

•sub-section (5).

•Utilising, selling or otherwise dealing with any

•land or laying out a private street otherwise than

•in conformity with orders of the Standing

Committee.

•Rigorous

•imprisonment which

•may extend to three

years.

SECTION Section 709

Untitled Section

•Section 314,

•sub-section (1), clauses

(a)and (b).

•Failure to comply with requisition to show

•cause for alteration of street or for appearance

•before the Commissioner.

Rs.50 Rs. 5

•221

•Section, sub-section,

SECTION Section 71

Untitled Section

•Section 321 Deposit, etc., of

•things in streets.

•500/-

SECTION Section 710

Untitled Section

•clause or proviso

•Subject Fine or imprisonment

•which may be

•imposed

•Daily fine which

•may be imposed

SECTION Section 711

Untitled Section

•Section 315,

•sub-section (1).

•Failure to comply with requisition on owner of

•private street or owner of adjoining land or

•building to level, etc., such street.

Rs.100 Rs. 10

SECTION Section 712

Untitled Section

•Section 317,

•sub-section (1).

•Prohibition of projections upon streets, etc. Rs. 200

SECTION Section 713

Untitled Section

•Section 317,

•sub-section (2).

•Failure to comply with requisition to remove

•projections from streets.

Rs.200

SECTION Section 714

Untitled Section

•Section 318,

•sub-section (2).

•Failure to comply with requisition to remove a

•verandah, balcony, etc., put up in accordance with

SECTION Section 715

Untitled Section

•section 317 (1).

Rs.200

SECTION Section 716

Untitled Section

•Section 319 Failure to comply with requisition to have

•ground floor doors, etc., so altered as not to open

outwards.

Rs.50

SECTION Section 717

Untitled Section

•Section 320,

•sub-section (1).

•Erection, etc., of structures of fixtures which

•cause obstruction in streets.

Rs.200 Rs. 10

SECTION Section 718

Untitled Section

•Section 321 Deposit, etc., of things in streets. Rs. 100

SECTION Section 719

Untitled Section

•Section 323,

•sub-sections (1)

•& (2).

•Tethering of animals and milking of cattle in

•public streets.

Rs.100 Rs. 5

SECTION Section 72

Untitled Section

•Section 323,

•sub-sections

(1)and (2)

•Tethering of

•animals and milking

•of cattle in public

streets.

•1000/-

SECTION Section 720

Untitled Section

•Section 324,

•sub-section (4).

•Unlawful removal of bar or shoring timber,

etc., or removal or extinction of light.

Rs.50

SECTION Section 721

Untitled Section

•Section 325,

•sub-section (1).

•Streets not to be opened or broken up and

•building materials not to be deposited thereon

•without permission.

Rs.200 Rs. 10

SECTION Section 722

Untitled Section

•Section 327,

•sub-section (2).

•Name of street and number of house not to be

•destroyed or defaced, etc

Rs.50

SECTION Section 723

Untitled Section

•Section 328,

•sub-section (1).

•Failure to comply with requisition to repair,

•protect or enclose a dangerous place.

Rs.100 25

SECTION Section 724

Untitled Section

•Section 330,

•sub-section (1).

•Removal, etc., of lamps. Rs. 100

•222

•Section, sub-section,

SECTION Section 725

Untitled Section

•clause or proviso

•Subject Fine or imprisonment

•which may be imposed

•Daily fine which

•may be imposed

SECTION Section 726

Untitled Section

•Section 330,

•sub-section (2).

•Wilfully and negligently extinguishing lights

•in public streets, etc.

Rs.50

SECTION Section 727

Untitled Section

•Section 332 Erection of a building without the sanction of

•the Commissioner.

•Simple imprisonment

•which may extend to six

•months or with fine

•which may extend to

Rs.5,000 or with both.

SECTION Section 728

Untitled Section

•Section 333,

•sub-section (1).

•Failure to give notice of intention to erect a

building.

•Simple imprisonment

•which may extend to six

•months, or with fine

•which may extend to

Rs.5,000 or with both.

SECTION Section 729

Untitled Section

•Section 334,

•sub-section (1).

•Failure to give notice of intention to make

•additions, etc., to building.

•Simple imprisonment

•which may extend to six

•months, or with fine

•which may extend to

Rs.5,000 or with both.

SECTION Section 73

Untitled Section

•Section 327,

•sub-section

(2)

•Name of street and

•number of house not to

•be destroyed or

•defaced, etc.

•1000/-

SECTION Section 730

Untitled Section

•Section 337,

•sub-section (4).

•Commencement of work without notice, etc. Rs. 10,000 Rs. 500

SECTION Section 731

Untitled Section

•Section 339 Failure to comply with requisition to round off

•buildings at corners of streets.

Rs.100 Rs. 5

SECTION Section 732

Untitled Section

•Section 340,

•sub-section (1).

•Erection of buildings on new streets without

leveling.

Rs.1,000

SECTION Section 733

Untitled Section

•Section 340,

•sub-section (2).

•Erection of buildings or execution of work

•within regular line of street or in contravention of

•any scheme or plan.

Rs.1,000

SECTION Section 734

Untitled Section

•Section 342 Use of inflammable materials without

permission.

Rs.100

SECTION Section 735

Untitled Section

•Section 343 Failure to demolish buildings erected without

•sanction or erection of buildings in contravention

•of order.

•Simple imprisonment

•which may extend to six

•months, or with fine

•which may extend to

Rs.5,000 or with both.

SECTION Section 736

Untitled Section

•Section 344 Erection of buildings in contravention of

•conditions of sanction, etc.

•Simple imprisonment

•which may extend to six

•months or with fine

•which may extend to

Rs.5,000 or with both.

•223

•Section, sub-section,

SECTION Section 737

Untitled Section

•clause or proviso

•Subject Fine or imprisonment

•which may be imposed

•Daily fine which

•may be imposed

SECTION Section 738

Untitled Section

•Section 345 Failure to carry out alterations. Simple imprisonment

•which may extend to six

•months or with fine

•which may extend to

Rs.5,000 or with both.

SECTION Section 739

Untitled Section

•Section 346,

•sub-sections (1)

•& (2).

•Non-compliance with provision as to

•completion certificates, occupation or use, etc.,

•without permission.

Rs.200 Rs. 10

SECTION Section 74

Untitled Section

•Section 328,

•sub-section

(1)

•Failure to comply

•with requisition to

•repair, protect or

•enclose a dangerous

place.

•1000/-

SECTION Section 740

Untitled Section

•Section 347 Non-compliance with restrictions on user of

buildings.

•Simple imprisonment

•which may extend to six

•months or with fine

•which may extend to

Rs.5,000 or with both.

SECTION Section 741

Untitled Section

•Section 348,

•sub-sections (1)

•& (2).

•Failure to comply with requisition to remo ve

•structures which are in ruins or likely to fall.

Rs.500 Rs. 20

SECTION Section 742

Untitled Section

•Section 349,

•sub-section (1).

•Failure to comply with requisition to vacate

•buildings in dangerous condition, etc.

Rs.200

SECTION Section 743

Untitled Section

•Section 353 Failure to provide for collection, removal and

•deposit of refuse and provision of receptacles.

Rs.50

SECTION Section 744

Untitled Section

•Section 354 Failure to collect and remove filth and

•polluted matter.

Rs.50

SECTION Section 745

Untitled Section

•Section 355,

•sub-section (2).

•Scavenger’s duties in certain cases not to be

•discharged by any person without permission.

Rs.25

SECTION Section 746

Untitled Section

•Section 356 Failure to comply with requisition for removal

•of rubbish, etc., from premises used as market,

etc.

Rs.100

SECTION Section 747

Untitled Section

•Section 357,

•sub-section (1).

•Keeping rubbish and filth for more than

•twenty-four hours, etc.

Rs.50 Rs. 10

SECTION Section 748

Untitled Section

•Section 357,

•sub-section (2).

•Allowing filth to flow in streets. Rs. 50

SECTION Section 749

Untitled Section

•Section 357,

•sub-section (3).

•Depositing rubbish or filth, etc., in street, etc. Rs. 50

SECTION Section 75

Untitled Section

•Section 346,

•sub-sections

(1)and (2)

•Non-compliance

•with provision as to

•completion

•certificates, occupation

•or use, etc., without

permission.

•1000/-

SECTION Section 750

Untitled Section

•Section 360,

•sub-section (1).

•Latrines and urinals not to be constructed

•without permission or in contravention of terms

prescribed.

Rs.200

•224

•Section, sub-section,

SECTION Section 751

Untitled Section

•clause or proviso

•Subject Fine or imprisonment

•which may be

•imposed

•Daily fine which

•may be imposed

SECTION Section 752

Untitled Section

•Section 361,

•sub-section (1).

•Failure to provide buildings newly erected or

•re-erected with latrine, urinal and other

accommodation.

Rs.500

SECTION Section 753

Untitled Section

•Section 361,

•sub-section (3).

•Failure to provide residential buildings

•composed of separate tenements with latrine,

•bathing or washing place for servants on the

•ground floor.

Rs.500

SECTION Section 754

Untitled Section

•Section 362 Failure to provide latrines for premises used by

•large number of people and to keep them clean

•and in proper order.

Rs.100 Rs. 20

SECTION Section 755

Untitled Section

•Section 363 Failure to comply with requisition to provide

•latrines for market, cattle shed, cart stand, etc.,

•and to keep them clean and in proper order.

Rs.100 Rs. 20

SECTION Section 756

Untitled Section

•Section 364, clauses

(a), (b), (c) & (d).

•Failure to comply with requisition to enforce

•provision of latrine or urinal accommodation, etc.

Rs.100 Rs. 10

SECTION Section 757

Untitled Section

•Section 365,

•sub-section (2).

•Failure to comply with requisition for removal

•of congested buildings.

Rs.1,000

SECTION Section 758

Untitled Section

•Section 366 Failure to comply with requisition to improve

•buildings unfit for human habitation.

Rs.1,000

SECTION Section 759

Untitled Section

•Section 368,

•sub-sections (1), (2),

(3)& (4).

•Failure to comply with order of demolition of

•buildings unfit for human habitation.

Rs.1,000

SECTION Section 76

Untitled Section

•Section 348,

•sub-sections

(1)and (2)

•Failure to comply

•with requisition to

•remove structures

•which are in ruins or

•likely to fall.

•1000/-

SECTION Section 760

Untitled Section

•Section 369 Failure to comply with requisition of the

•Commissioner to remove insanitary huts and

•sheds, etc.

Rs.100

SECTION Section 761

Untitled Section

•Section 370,

•sub-section (1).

•Prohibition against washing by washerman. Rs. 25

SECTION Section 762

Untitled Section

•Section 371 Failure to give information of dangerous

disease.

Rs.100

SECTION Section 763

Untitled Section

•Section 373 Failure to comply with requisition to cleanse

•and disinfect buildings or articles.

Rs.50

SECTION Section 764

Untitled Section

•Section 374 Failure to comply with requisition to destroy

•infectious huts or sheds.

Rs.50

SECTION Section 765

Untitled Section

•Section 375 Washing of clothing, bedding, etc., at any

•place not notified by the Commissioner.

Rs.25

SECTION Section 766

Untitled Section

•Section 377,

•sub-section (1).

•Sending infected clothes to washerman or

laundry.

Rs.25

SECTION Section 767

Untitled Section

•Section 377,

•sub-section (2).

•Failure to furnish address of washerman or

•laundry to which clothes have been sent.

Rs.25

•225

•Section, sub-section,

SECTION Section 768

Untitled Section

•clause or proviso

•Subject Fine or imprisonment

•which may be

•imposed

•Daily fine which

•may be imposed

SECTION Section 769

Untitled Section

•Section 378,

•sub-sections(1), (2)

•and (3).

•Use of Public conveyances by persons

•suffering from a dangerous disease, etc.

Rs.50

SECTION Section 77

Untitled Section

•Section 349,

•sub-section

(1)

•Failure to comply

•with requisition to

•vacate buildings in

•dangerous condition,

etc.

•1000/-

SECTION Section 770

Untitled Section

•Section 380 Failure to disinfect buildings before letting the

same.

Rs.100

SECTION Section 771

Untitled Section

•Section 381 Disposal of infected articles without

disinfection.

Rs.50

SECTION Section 772

Untitled Section

•Section 382 Making or selling of food, etc., or washing of

•clothes by infected persons.

Rs.50

SECTION Section 773

Untitled Section

•Section 383 Sale of food or drink in contravention of

•restriction or prohibition of the Commissioner.

Rs.50

SECTION Section 774

Untitled Section

•Section 384 Removal or use of water from wells and tanks

•in contravention of prohibition of commissioner.

Rs.50

SECTION Section 775

Untitled Section

•Section 385 Exposure of persons to risk of infection by the

•presence or conduct of a person suffering from a

•dangerous disease, etc.

Rs.100

SECTION Section 776

Untitled Section

•Section 386 Removal of infectious corpses in contravention

•of the provisions of the section.

Rs.50

SECTION Section 777

Untitled Section

•Section 387,

•sub-sections (1)

•& (2).

•Absence of sweepers, etc., from duty without

notice.

•Imprisonment

•which may extend to

•one month.

SECTION Section 778

Untitled Section

•Section 388 A sweeper employed for doing house

•scavenging not to discontinue work without

•notice

Rs.10

SECTION Section 779

Untitled Section

•Section 389 Failure to supply information by persons in

•charge of burning or burial grounds.

Rs.50

SECTION Section 78

Untitled Section

•Section 353 Failure to provide

•for collection, removal

•and deposit of refuse

•and provision of

receptacles.

•500/-

SECTION Section 780

Untitled Section

•Section 390 Use of new burning or burial ground without

permission.

Rs.50

SECTION Section 781

Untitled Section

•Section 391,

•sub-section (1).

•Failure to comply with requisition to close a

•burning or burial ground.

Rs.50

SECTION Section 782

Untitled Section

•Section 391,

•sub-section (2).

•Burning or burial of corpses in a burning or

•burial ground after it has been closed.

Rs.50

SECTION Section 783

Untitled Section

•Section 392 Removal of corpses by other than prescribed

routes.

Rs.25

SECTION Section 784

Untitled Section

•Section 393,

•sub-section (1),

SECTION Section 785

Untitled Section

•clause (b).

•Failure to give notice for removal of carcasses

•of dead animals.

Rs.10

•226

•Section, sub-section,

SECTION Section 786

Untitled Section

•clause or proviso

•Subject Fine or imprisonment

•which may be

•imposed

•Daily fine which

•may be imposed

SECTION Section 787

Untitled Section

•Section 396,

•sub-sections (1) & (2).

•Failure to give information of births and

deaths.

Rs.50

SECTION Section 788

Untitled Section

•Section 397,

•sub-sections (1), (2) &

(3).

•Commission of nuisances. Rs. 50

SECTION Section 789

Untitled Section

•Section 398 Failure to comply with requisition for removal

•or abatement of nuisance

Rs.500

SECTION Section 79

Untitled Section

•Section 354 Failure to collect

•and remove filth and

•polluted matter.

•500/-

SECTION Section 790

Untitled Section

•Section 399,

•sub-section (5).

•Ferocious dogs at large without being muzzled,

etc.

Rs.100

SECTION Section 791

Untitled Section

•Section 400 Stacking inflammable material in

•contravention of prohibition.

Rs.50

SECTION Section 792

Untitled Section

•Section 401 Setting a naked light. Rs. 50

SECTION Section 793

Untitled Section

•Section 402 Discharging fireworks, firearms, etc., likely to

•cause danger.

Rs.50

SECTION Section 794

Untitled Section

•Section 403 Failure to comply with requisition to render

•buildings, wells, etc., safe.

Rs.50

SECTION Section 795

Untitled Section

•Section 404 Failure to comply with requisition to enclose

•land used for improper purposes.

Rs.50

SECTION Section 796

Untitled Section

•Section 406,

•sub-section (1).

•Sale in municipal markets without permission. Rs. 200

SECTION Section 797

Untitled Section

•Section 407,

•sub-sections (1)

•& (2).

•Use of places as private markets without a

•licence and use of places other than a municipal

•slaughter house as slaughter houses.

Rs.500

SECTION Section 798

Untitled Section

•Section 407,

•sub-section (2)

•Proviso (a).

•Non-compliance with conditions imposed by

Commissioner.

Rs.50

SECTION Section 799

Untitled Section

•Section 409 Keeping market open without licence, etc. Rs. 2,000

SECTION Section 8

Untitled Section

3.1882 15 The

•Presidency

•Small Cause

•Courts Act,

•1882

(A)In section 68, for the words “shall, on conviction

•before a Presidency Magistrate, be liable to be punished

•with fine which may extend to five hundred rupees and

•with imprisonment for a term which may extend to three

•months, in addition to any other liability he may have

•incurred by his proceedings”, the words “shall be liable

•to such penalty as may be imposed by the adjudicating

•officer” shall be substituted.

(B)In section 87,—

(i)in the marginal heading, for the words

•“Imprisonment or committal of person”, the words

•“Penalty for” shall be substituted;

•(ii) for the words, figures and brackets

•“the Court may sentence him to simple imprisonment,

•or commit him to the custody of an officer of the

•Court, for any term not exceeding seven days, unless

•in the meantime such person consents to answer such

•questions or to produce such document, as the case

•may be, after which, in the event of his persisting in

•his refusal, he may be dealt with according to the

•provisions of section 480 or section 482 of

•the Code of Criminal Procedure, 1898 (5 of 1898)”,

•the words “he shall be liable to penalty as may be

•imposed by the adjudicating officer” shall be

substituted.

(C)After section 87, the fo llowing sections shall be

•inserted, namely:—

•“87A. Adjudication of penalties.––For the purpose

•of adjudication of penalties under sections 68 and 87,

•the State Government, may designate the Deputy

•Registrar appointed under section 13 of this Act, to be

•the adjudicating officer, for holding an inquiry and

•imposing penalties in the manner as may be provided

•by rules by the High Court:

•Provided that the State Government may appoint

•as many adjudicating officers as may be required:

•Provided further that no such penalty shall be

•imposed without giving the person concerned a

•reasonable opportunity of being heard.

•10

(1)(2) (3) (4) (5)

87B.Appeal. ––(1) Any person aggrieved by an

•order of the adjudicating officer under section 87A

•may, within thirty days from the date of receipt of

•such order, prefer an appeal to such officer, at least

•one rank higher than the adjudicating officer, as may

•be appointed by the State Government as an appellate

•authority, in such form and manner as may be

•provided by rules by the High Court.

(2)The appellate authority may admit an appeal

•after the expiry of the said period of thirty days, if the

•appellant satisfies the Appellate authority that he had

•sufficient cause for not preferring the appeal within

•that period.

(3)The appellate authority may, after giving the

•parties to the appeal an opportunity of being heard,

•pass such an order as he may deem fit.

(4)An appeal under sub -section ( 1) shall be

•disposed of within sixty days from the date of filing.

(5)If penalty imposed by the adjudicating officer

•under section 87A or by an order of the appellate

•authority under this section is not deposited, the

•amount shall be recovered as an arrear of land

revenue.”.

87C.Amount of penalty. —Notwithstanding

•anything con tained in this Act, the quantum of

•penalty or fine shall be such amount as the State

•Government concerned may, by notification in the

•Official Gazette, determine from time to time, having

•regard to the pecuniary jurisdiction and local

•requirements of the Court.

Explanation.––For the purposes of this section,

•“State Government concerned” means the

•Government of the States of Maharashtra, Tamil

•Nadu and West Bengal, within whose respective

•jurisdictions the Act is in force; and such

•determination shall be con sistent with the

•amendments and adaptations made by the respective

•State Acts.”.

(D)Section 88 shall be omitted.

(E)Section 95 shall be omitted.

(F)After section 97, the following section shall be

•inserted, namely:—

•“98. Power of the High Court to make rules.––(1)

•The High Courts may make rules not inconsistent

•with the provisions of this Act to carry out the

•provisions of this Act.

(2)In particular, and without prejudice to the

•generality of the foregoing power, such rules may

•provide for all or any of the following matters,

•namely:—

•11

(1)(2) (3) (4) (5)

(a)the manner of holding inquiry and imposing

•penalties under section 87A; and

(b)the form and manner of appeal under

•sub-section (1) of section 87B.”.

SECTION Section 80

Untitled Section

•Section 356 Failure to comply

•with requisition for

•removal of rubbish,

etc., from premise s

•used as market, etc.

•1000/-

•37

(1)(2) (3) (4) (5)

(1)(2) (3)

SECTION Section 800

Untitled Section

•Section 410 Sale in unlicensed market. Rs. 50

SECTION Section 801

Untitled Section

•Section 411 Carrying on business or trade near a market. Rs. 50

SECTION Section 802

Untitled Section

•Section 414 Failure of person in charge of markets to expel

•lepers and disturbers from the market.

Rs.50

SECTION Section 803

Untitled Section

•Section 415 Carrying on butcher’s, fish -monger's or

•poulterer’s trade without licence etc.

Rs.100

SECTION Section 804

Untitled Section

•Section 416 Establishment of factory, etc.,without

permission.

Rs.5,000

SECTION Section 805

Untitled Section

•Section 417 Certain things not to be kept and certain trades

•and operations not to be carried on without a

licence.

Rs.1,000

•227

•Section, sub-section,

SECTION Section 806

Untitled Section

•clause or proviso

•Subject Fine or imprisonment

•which may be

•imposed

•Daily fine which

•may be imposed

SECTION Section 807

Untitled Section

•Section 418,

•sub-section (3).

•Keeping, abandonment or tethering of animals,

etc.

Rs.100

SECTION Section 808

Untitled Section

•Section 419,

•sub-section (5).

•Use of premises in contravention of

declaration.

Rs.500

SECTION Section 809

Untitled Section

•Section 420 Hawking articles for sale without a licence, etc. Rs. 100

SECTION Section 81

Untitled Section

•Section 357,

•sub-section

(1)

•Keeping rubbish

•and filth for more than

•twenty-four hours, etc.

•100/-

SECTION Section 810

Untitled Section

•Section 421 Keeping a lodging house, eating house, tea

•shop, etc., without licence or contrary to

licence.

Rs.100

SECTION Section 811

Untitled Section

•Section 422 Keeping open theatre, circus or other place of

•public amusement without licence or contrary to

•terms of licence.

Rs.500

SECTION Section 812

Untitled Section

•Section 430,

•sub-section (5).

•Failure to produce licence or written

permission.

Rs.50

SECTION Section 813

Untitled Section

•Section 431 Preventing the commissioner or any person

•authorised in this behalf from exercising his

•powers of entry, etc.

Rs.50

SECTION Section 814

Untitled Section

•Section 432 Preventing the Commissioner or any person

•authorised in this behalf from exercising his

•power of entry upon any adjoining land.

Rs.50

SECTION Section 815

Untitled Section

•Section 437 Obstruction or molestation in execution of

work.

Rs.200

SECTION Section 816

Untitled Section

•Section 444,

•sub-section (4).

•Failure to comply with requisition to state the

•name and address of owners of premises.

Rs.50

SECTION Section 817

Untitled Section

•Section 456,

•sub-section (3).

•Failure of occupier of land or building to afford

•owner facilities for complying with provisions of

•the Act etc., after eight days from issue of order

•by district judge.

Rs.200

SECTION Section 818

Untitled Section

•Section 495 Obstruction of Mayor or any municipal

•authority, etc.

Rs.200

SECTION Section 819

Untitled Section

•Section 496 Removal of any mark set up for indicating

•level, etc.

Rs.100

SECTION Section 82

Untitled Section

•Section 357,

•sub-section

(2)

•Allowing filth to

•flow in streets.

•200/-

SECTION Section 820

Untitled Section

•Section 497 Removal etc., of notice exhibited by or under

•orders of the Corporation, Commissioner, etc.

Rs.50

SECTION Section 821

Untitled Section

•Section 498 Unlawful removal of earth, sand or other

•material or deposit of any matter or making of any

•encroachment from any land vested in th e

Corporation.

Rs.50

•228

Penalties.

•Offences and

penalties.

•Power to make

rules.

Definitions.

•————

•EXTRACT FROM THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT,

•1956

•(67 OF 1957)

SECTION Section 822

Untitled Section

21.(1) * * * * *

(2)Any rule made under any provision of this Act may provide that any

•contravention thereof shall be punishable with imprisonment for a term which may

•extend to two years or with fine which may extend to five lakh rupees, or with both,

•and in the case of a continuing contravention, with additional fine which may extend

•to fifty thousand rupees for every day during which such contravention continues

•after conviction for the first such contravention.

•* * * * *

(6)Notwithstanding anything contained in the Code of Criminal

•Procedure, 1973 , an offence under sub-section (1) shall be cognizable.

•* * * * *

•————

•EXTRACTS FROM THE DELHI LAND HOLDINGS (CEILING) ACT, 1960

•(24 OF 1960)

•* * * * *

SECTION Section 823

Untitled Section

23.(1) Whoever being bound to submit a return under section 4 fails without

•reasonable cause to do so, within the prescribed time, or submits a return which he

•knows or has reason to believe to be false, shall be punishable with imprisonment

•for a term which may extend to six months and with fine which may extend to one

•thousand rupees.

(2)Whoever contravenes any lawful order made under this Act or otherwise

•obstructs any person from lawfully taking possession of any land shall be punishable

•with fine which may extend to one thousand rupees.

SECTION Section 824

Untitled Section

27.(1). * * * * *

(2)In particular, and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:―

•* * * * *

(l)the purposes for which land may be reserved under section 15;

•* * * * *

•————

•EXTRACTS FROM THE APPRENTICES ACT, 1961

•(52 OF 1961)

•* * * * *

SECTION Section 825

Untitled Section

2.In this Act, unless the context otherwise requires,—

•* * * * *

•(aaa) “apprenticeship trai ning” means a course of training in any

•industry or establishment undergone in pursuance of a contract of

•apprenticeship and under prescribed terms and conditions which may be

•different for different categories of apprentices;

•* * * * *

(q)“trade apprentice” means an apprentice who undergoes

•apprenticeship training in any designated trade;

•* * * * *

•2 of 1974.

•229

•1 of 1986.

30.( 1) If any employer contravenes the provisions of this Act relating

•to the number of apprentices which he is required to engage under those provisions,

•he shall be given a month’s notice in writing, by an officer duly authorised in this

•behalf by the appropriate Gove rnment, for explaining the reasons for such

contravention.

•(1A) In case the employer fails to reply the notice within the period specified

•under sub-section (1), or the authorised officer, after giving him an opportunity of

•being heard, is not satisfied wi th the reasons given by the employer, he shall be

•punishable with fine of five hundred rupees per shortfall of apprenticeship month

•for first three months and thereafter one thousand rupees per month till such number

•of seats are filled up.

(2)If any employer or any other person—

(a)required to furnish any information or return—

(i)refuses or neglects to furnish such information or return, or

•(ii) furnishes or causes to be furnished any information or return

•which is false and which he either knows or believes to be false or does

•not believe to be true, or

•(iii) refuses to answer, or gives a false answer to any question

•necessary for obtaining any information required to be furnished

•by him, or

(b)refuses or wilfully neglects to afford the Central or the State

•Apprenticeship Adviser or such other person, not below the rank of an

•Assistant Apprenticeship Adviser, as may be authorised by the Central or the

•State Apprenticeship Adviser in writing in this behalf], any reasonable facility

•for making any entry, inspection, examination or inquiry authorised by or

•under this Act, or

(c)requires an apprentice to work overtime without the approval of the

•Apprenticeship Adviser, or

(d)employs an apprentice on any work which is not connected with his

•training, or

(e)makes payment to an apprentice on the basis of piecework, or

(f)requires an apprentice to take part in any output bonus or incentive

•scheme,

(g)engages as an apprentice a person who is not qualified for being so

•engaged, or

(h)fails to carry out the terms and conditions of a contract of

•apprenticeship,

•he shall be punishable with fine of one thousand rupees for every occurrence.

•(2A) The provisions of this section shall not apply to any establishment

•or industry whi ch is under the Board for Industrial and Financial

•Reconstruction established under the Sick Industrial Companies (Special

•Provisions) Act, 1985

•* * * * *

SECTION Section 826

Untitled Section

31.If any employer or any other person contravenes any provision of this

•Act for which no pu nishment is provided in section 30, he shall be punishable

•with fine which shall not be less than one thousand rupees but may extend to

•three thousand rupees .

•Offences and

penalties.

•Penalty where

•no specific

•penalty is

provided.

•230

•Power to make

rules.

Penalty.

•Power to make

rules.

•* * * * *

SECTION Section 827

Untitled Section

37.* * * * *

(2)Rules made under this Act may provide that a contravention of any such

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

•* * * * *

•————

•EXTRACTS FROM THE PETROLEUM AND MINERALS PIPELINES (ACQUISITION OF RIGHT

•OF USER IN LAND) ACT, 1962

•(50 OF 1962)

•* * * * *

SECTION Section 828

Untitled Section

15.( 1) Whoever wilfully obstructs any person in doing any of the

•acts authorised by section 4 or section 7 or section 8 or wilfully fills up, destroys,

•damages or displaces any trench or mark made under section 4 or wilfully

•does any act prohibited under section 9, shal l be punishable with

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

(2)Whoever wilfully makes or causes to make any unauthorised

•connection with or removes, destroys, da mages or displaces any pipeline

•laid under section 7, or wilfully inserts any device to extract petroleum

•product or minerals from such pipeline, or wilfully disrupts supplies

•being made through the pipeline, shall be punishable with

•rigorous imprisonment for a term which may extend to ten years and shall also be

•liable to fine.

•* * * * *

(4)Whoever, wi th the intent to cause or knowing that he is likely

•to cause damage to or destruction of any pipeline laid under section 7, causes by

•fire, explosive substance or otherwise damage to the pipeline being used for

•transportation of petroleum products, crude oil or gas with the intent

•to commit sabotage or with the knowledge that such act is so imminently dangerous

•that it may in all probability cause death of any person or such bodily

•injury likely to cause death of any person, shall be punishable with rigorous

•imprisonment which shall not be less than ten years but may extend to imprisonment

•for life or death.

•* * * * *

SECTION Section 829

Untitled Section

17.(1) * * * * *

(2)In particulars and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•* * * * *

(b)the time within which and the manner in which the amount of

•compensation may be deposited under sub-section (1) of section 11.

•* * * * *

•————

•231

•EXTRACTS FROM THE TEXTILES COMMITTEE ACT, 1963

•(41 OF 1963)

•* * * * *

SECTION Section 83

Untitled Section

•Section 362 Failure to provide

•latrines for premises

•used by large number

•of people and to keep

•them clean and in

•proper order.

•500/-

SECTION Section 830

Untitled Section

17.(1) * * * * *

(2)If any person contravenes any order issued under sub-section ( 1)

•prohibiting—

(a)the export of any textiles or textile machinery, or

(b)the sale of any textiles or textile machinery for internal consumption,

•he shall, on conviction, be punishable,—

(i)for the first offence with imprisonment for a term which may extend

•to one year or with fine or with both;

•(ii) for the second or a subsequent offence with imprisonment for a term

•which may extend to one year and also with fine and in the absence of special

•and adequate reasons to be mentioned in the judgment of the court, such

•imprisonment shall not be less than three months.

SECTION Section 831

Untitled Section

18.(1) If the person committing any offence under this Act is 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 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 such 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.

(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 negligence

•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)“compan y” means a 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 832

Untitled Section

19.No prosecution for any offence punishable under this Act shall be

•instituted except by or with the consent of the Central Government.

SECTION Section 833

Untitled Section

20.No court inferior to that of a Presidency Magistrate or a Magistrate of the

•first class, shall try any offence punishable under this Act.

•* * * * *

22.(1). * * * * *

(2)In particular and without prejudice to the generality of the foregoing power

•such rules provide for—

(e)the scale of fees that may be levied under section 12;

•* * * * *

•Power to

•prohibit exports

•and internal

•marketing of

•textiles and

•textile

machinery.

•Offences by

companies.

•Procedure for

prosecution.

•Jurisdiction of

courts.

•Power to make

rules.

•232

•Surrender of

•revoked

certificate.

Penalties.

•EXTRACT FROM THE ADMINISTRATORS-GENERAL ACT, 1963

•(45 OF 1963)

•* * * * *

SECTION Section 834

Untitled Section

34.(1) * * * * *

(2)If such person wilfully and without reasonable cause omits to deliver up

•the certificate, he shall be punishable with imprisonment which may extend to three

•months, or with fine which may extend to one thousand rupees, or with both.

•* * * * *

•————

•EXTRACTS FROM THE SEAMEN’S PROVIDENT FUND ACT, 1966

•(4 OF 1966)

SECTION Section 835

Untitled Section

16.(1) Whoever, for the purpose of avoiding any payment to be made by

•himself under this Act or under the Scheme or of enabling any other person to avoid

•such payment, knowingly makes or causes to be made any false statement or false

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

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

(2)The Scheme may provide that any person who contravenes, or makes

•default in complying with any of the provisions t hereof 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.

(3)Whoever contravenes or makes default in complying with any provision of

•this Act shall, if no other penalty is elsewhere provided by or under this Act for such

•contravention or non-compliance, be punishable with imprisonment which may extend

•to three months, or with fine which may extend to one thousand rupees, or with both.

(4)No court shall take cognizance of any offence punishable under this Act or

•under the Scheme except on a report in writing of the facts constituting such offence

•made by the Seamen’s Provident Fund Commissioner or by an Inspector appointed

•under sub-section (1) of section 15, with the previous sanction of such authority as

•may be specified in this behalf by the Government.

•* * * * *

•————

•EXTRACTS FROM THE CIVIL DEFENCE ACT, 1968

•(27 OF 1968)

SECTION Section 836

Untitled Section

11.(1) If any member of the Corps on being called out by an order under

•sub-section (2) of section 8 neglects or refuses without sufficient excuse to obey

•such order or to discharge his functions as such member or to obey any lawful order

•or direction given to him for the performance of his functions, he shall be punishable

•with fine which may extend to five hundred rupees, and where such neglect or

•refusal is a continuing one, with a further fine which may extend to fifty rupees for

•every day, after the first, during which such contravention continues.

(2)If any person neglects or fails without any reasonable excuse to obey any

•order made or direction given to him under this act or rules made thereunder, he shall

•be punishable with fine which may extend to five hundred rupees, and where such

•negligence or failure is a continuing one, with a further fine which may extend to fifty

•rupees for every day, after the first, during which such negligence or failure continues.

•* * * * *

•————

•233

•2 of 1974.

•EXTRACTS FROM THE PATENTS ACT, 1970

•(39 OF 1970)

•* * * * *

SECTION Section 837

Untitled Section

•CHAPTER XX

•PENALTIES

SECTION Section 838

Untitled Section

118.If any person fails to comply with any direction given under section 35

•or makes or causes to be made an application for the grant of a patent in

•contravention of section 39, he shall be punishable with imprisonment for a term

•which may extend to two years, or with fine, or with both.

SECTION Section 839

Untitled Section

119.If any person makes, or causes to be made, a false entry in any register kept

•under this Act, or a writing falsely purporting to be a copy of an entry in such a 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.

•* * * * *

•————

•EXTRACTS FROM THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS)

•ACT, 1971

•(40 OF 1971)

•* * * * *

SECTION Section 84

Untitled Section

•Section 363 Failure to comply

•with requisition to

•provide latrines for

•market, cattle shed,

•cart stand, etc., and to

•keep them clean and in

•proper order.

•500/-

SECTION Section 840

Untitled Section

11.(1) If any person unlawfully occupies any public premises, he shall be

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

•or with fine which may extend to five thousand rupees, or with both:

•Provided that a person who, having been lawfully in occupation of any public

•premises by virtue of any authority (whether by way of grant, allotment or by any

•other mode whatsoever) continues to be in occupation of such premises after such

•authority has ceased to be valid, shall not be guilty of such offence.

(2)If any person who has been evicted from any public premises under this

•Act again occupies the premises without authority for such occupation, he shall be

•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.

(3)Any magistrate convicting a person under sub -section (2) may make an

•order for evicting that person summarily and he shall be liable to such eviction

•without prejudice to any other action that may be taken against him under this Act.

11A.The Code of Criminal Procedure, 1973, shall apply to an offence under

SECTION Section 841

Untitled Section

•section 11 as if it were a cognizable offence—

•* * * * *

•(ii) for the purposes of matters, other than—

(1)matters referred to in section 42 of that code, and

•* * * * *

SECTION Section 842

Untitled Section

18.(1) * * * * *

(2)In particular, and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•* * * * *

•(ea) the rate at which interest shall be payable on arrears of rent specified

•in any order made under sub -section (1) of section 7, or damages assessed

•under sub-section (2) of that section;

•* * * * *

•————

•Contravention of

•Secrecy

•provisions

•relating to

•certain

inventions.

•Falsification of

•entries in

•register, etc.

•Offences and

penalty.

•Offences under

SECTION Section 843

Untitled Section

•section 11 to be

cognizable.

•Power to make

rules.

•234

•Power to

•prohibit or

•control imports

•and exports of

•marine

products.

•Penalties for

•obstructing a

•member or

•officer of

•Authority in

•discharge of his

•duties and for

•failure to

•produce books

•and records.

•Adjudication of

penalties.

•Jurisdiction of

court.

•Penalty for

•withholding

•property, etc.

•EXTRACTS FROM THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY

•ACT, 1972

•(13 OF 1972)

•* * * * *

SECTION Section 844

Untitled Section

•CHAPTER V

•CONTROL BY CENTRAL GOVERNMENT

SECTION Section 845

Untitled Section

20.(1) * * * * *

(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 liab le to

•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 846

Untitled Section

24.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.

•* * * * *

25A.(1) For the purposes of adjudging penalties under sub -section (3) of

SECTION Section 847

Untitled Section

•section 20, 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 imposing 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.

•* * * * *

SECTION Section 848

Untitled Section

27.No court inferior to that of a Presidency magistrate or a Magistrate of the

•first class shall try any offence punishable under this Act.

•* * * * *

•————

•EXTRACTS FROM THE GENERAL INSURANCE BUSINESS (NATIONALISATION) ACT, 1972

•(57 OF 1972)

•* * * * *

SECTION Section 849

Untitled Section

30.If any person wilfully withholds or fails to d eliver to an Indian insurance

•company as required by section 29 any property or any books, documents or other

•papers which may be in his possession or unlawfully retains possession of any property

•of an existing insurer which has been transferred to and vested in an Indian insurance

•company under section 5 or wilfully applies any such property to purposes other than

•those expressed in or authorised by this Act, he shall, on the complaint of the Indian

•insurance company, 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.

•* * * * *

•52 of 1962.

•235

•5 of 1898.

39.(1) * * * * *

(2)In particular, and without prejudice to the generality of the foregoing

•power, rules made under this section may provide for—

•* * * * *

(e)the reports which may be called for by the Central Government from

•the Corporation and the acquiring companies;

•* * * * *

•————

•EXTRACTS FROM THE RICHARDSON AND CRUDDAS LIMITED (ACQUISITION AND

•TRANSFER OF UNDERTAKING) ACT, 1972

•(78 OF 1972)

•* * * * *

•PART III

•OFFENCES AND THEIR TRIAL

SECTION Section 85

Untitled Section

•Section 366 Failure to comply

•with requisition to

•improve buildings

•unfit for human

habitation.

•5000/-

SECTION Section 850

Untitled Section

24.(1) Any person who,—

•* * * * *

(g)fails to comply with any order or direction made under this Act,

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

•or with fine which may extend to ten thousand rupees, or with both:

•Provided that the court trying any offence under clause ( a), clause ( b) or

SECTION Section 851

Untitled Section

•clause (c) of this sub -section may, at the time of convicting the accused person,

•order him to deliver up or refund, within a period to be fixed by the court, any

•property or money wrongfully withheld or wrongfully obtained or any document

•wilfully withheld or not furnished.

(2)No court shall take cognizance of an offence punishable under this section

•except with the previous sanction of the Central Government or an officer authorised

•by that Government in this behalf.

25.(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 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 punishment if he proves that the offence was committed without his knowledge

•or that he had exercised 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 co mmitted by a company and it is proved that the offence

•was 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 o r other officer shall 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.

26.Notwithstanding anything contained in the Code of Criminal

•Procedure, 1898,—

(a)every offence against this Act shall be triable by a Magistrate of the

•first class, and

•Power to make

rules.

Penalties.

•Offences by

companies.

•Offences to be

•triable by a

•Magistrate of the

•first class and

•not to be

compoundable.

•236

•Power to make

rules.

Penalties.

•Other penalties.

•Offences by

companies.

(b)no offence against this Act shall be compoundable.

•* * * * *

SECTION Section 852

Untitled Section

31.(1) * * * * *

(2)In particular, and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•* * * * *

(b)the form in which fresh shares shall be issued by the Custodian;

•* * * * *

•————

•EXTRACTS FROM THE OIL INDUSTRY (DEVELOPMENT) ACT, 1974

•(47 OF 1974)

•* * * * *

SECTION Section 853

Untitled Section

•CHAPTER V

•MISCELLANEOUS

SECTION Section 854

Untitled Section

23.Any person who,—

(a)being required under this Act to produce any books, accounts or records

•or furnish any information, fails to produce such books, accounts or records or

•fails to furnish such information or furnishes information which is false, and which

•he either knows or believes to be false, or does not believe to be true; or

(b)obstructs any member or any officer or other employee of the Board or

•any person authorized 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, shall be punishable with imprisonment which may extend to

•one year, or with fine which may extend to five thousand rupees, or with both.

24.Whoever contravenes or attempts to contravene or abets the contravention

•of any of the provisions of this Act or of any rule made thereun der (other than the

•provisions for the contravention of which section 23 applies), shall be punishable

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

•may extend to five hundred rupees, or with both.

25.(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 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, if he proves that the offence was committed

•without his k nowledge or that he exercised all due diligence to prevent the

•commission of such offence.

(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 purposes 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.

•* * * * *

•237

31.(1) * * * * *

(2)In particular and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•* * * * *

(o)the additional measures for the promotion of which the Board may

•render assistance;

•* * * * *

•————

•EXTRACTS FROM THE DELHI POLICE ACT, 1978

•(34 OF 1978)

•* * * * *

SECTION Section 855

Untitled Section

•CHAPTER VI

•EXECUTIVE DUTIES AND POWERS OF POLICE OFFICERS

SECTION Section 856

Untitled Section

59.(1) * * * * *

(2)A police officer shall not arrest any person under clause (c) of sub-section (1)

•without a warrant issued by a Metropolitan Magistrate, unless such person—

•* * * * *

(c)commits in the presence of such police officer an offence punishable

•under section 97, sub -section ( 1) of section 108, clause ( a), ( b) or ( c) o f

SECTION Section 857

Untitled Section

•section 110 or sub-section (2) of section 113 in respect of the contravention of

•any order made under section 33 or section 34;

•* * * * *

(e)has committed, or is reasonably suspected to have committed an

•offence punishable under section 101, section 102 or clause ( c) of

•sub-section (2) of section 113;

•* * * * *

85.No person shall, in contravention of any regulation made by the

•Commissioner of Police,—

(a)exhibit any mimetic, musical or other performances of such a nature

•as may attract crowds; or

(b)carry or place bulky advertisements, pictures, figures or emblems in

•any street or public place, whereby any obstruction to passengers or annoyance

•to the residents in the vicinity may be occasioned.

•* * * * *

SECTION Section 858

Untitled Section

88.No person shall bathe or wash in, or by the side of, a public well, tank or

•reservoir not set apart for such purpose by order of the competent authority, or in,

•or by the side of, any pond, pool, aqueduct, part of a river, stream, nullah or other

•source or means of water supply in which such bathing or washing is forbidden by

•order of the competent authority.

89.No person shall defile or cause to be defiled the water in any public well,

•tank, reservoir, pond, pool, aqueduct or part of a river, stream, nullah or other source

•or means of water supply, so as to render the same less fit for any purpose for which

•it is set apart by the order of the competent authority.

SECTION Section 859

Untitled Section

90.No person shall obstruct or incommode a person bathing at a place set

•apart for the purpose by the order of the competent authority under section 88 by

•wilful intrusion or by using such place for any purpose for which it is not so set

apart.

•* * * * *

•Power to make

rules.

•Duty of police

•officer to

•enforce

•provisions of the

Act.

•Causing

•obstruction and

•annoyance by

•performances,

etc.

•Bathing or

•washing in

•places not set

•apart for those

purposes.

•Defiling water in

•public wells, etc.

•Obstructing

bathers.

•238

•Committing

•nuisance in or

•near street, etc.

•Penalties for

•offences under

•sections 80 to

SECTION Section 86

Untitled Section

•Section 381 Disposal of infected

SECTION Section 860

Untitled Section

96.

•Penalty for

•failure to keep in

•confinement

•cattle, etc.

•Punishment for

•cruelty to

animals.

•False alarm of

•fire or damage

•to fire alarm.

95.No person shall in or near to any street, public place or place of public resort—

(a)commit a nuisance by easing himself; or

(b)having the care or custody of any child under seven years of age,

•suffer such child to commit a nuisance as aforesaid; or

(c)spit or throw any dust, ashes, refuse or rubbish so as to cause

•annoyance to any passer-by.

•* * * * *

SECTION Section 861

Untitled Section

97.Any person who contravenes any of the provisions of sections 80 to 96

•(both inclusive) shall, on conviction, be punished with fine which may extend to

•one hundred rupees, or, in default of payment of such fine, with imprisonment for a

•term not exceeding eight days.

SECTION Section 862

Untitled Section

98.(1) Whoever allows any cattle which are his property or in his charge to

•stray in any street or to trespass upon any public or private property shall on

•conviction be punished—

(a)for the first offence, with imprisonment for a term which may extend

•to one month, or with fine which may extend to three hundred rupees, or with

•both; and

(b)for the second or subsequent offence, with imprisonment for a term

•which may extend to six months, or with fine which may extend to five

•hundred rupees, or with both.

(2)The Metropolitan Magistrate trying an offence under sub-section (1) may order—

(a)that the accused shall pay such compensation not exceeding two

•hundred and fifty rupees as such Magistrate considers reasonable to any

•person for any damage proved to have been caused to his property or the

•produce of his land by the cattle under the control of th e accused trespassing

•on his land; and

(b)that the cattle in respect of which the offence has been committed

•shall be forfeited to the Government.

(3)Any compensation awarded under sub-section (2) may be recovered as if

•it were a fine imposed under this section.

(4)It shall be the duty of every police officer and it shall be lawful for any

•other person to seize and take to any cattle pound for confinement therein any cattle

•found straying in any street or trespassing upon any private or public property.

(5)Any fine imposed under this section may, without prejudice to any other means

•of recovery provided by law, be recovered by sale of all or any of the cattle in respect of

•which the offence was committed, whether they are the property of the person convicted

•of the offence or were only in his charge when the offence was committed.

(6)Notwithstanding anything contained in the Code of Criminal

•Procedure, 1973, the offence punishable under this section shall be cognizable.

99.Whoever in any place cruelly beats, goads, overworks, ill-treats or tortures or

•causes, or procures to be cruelly beaten, goaded, overworked, ill-treated or tortured, any

•animal shall, on conviction, be punished with imprisonment which may extend to one

•month, or with fine which may extend to one hundred rupees, or with both.

•* * * * *

101.Whoever knowingly gives or causes to be given a false alarm of fire to

•the fire brigade of the Government or the Corporation or a municipality or to any

•officer or fireman thereof, whether by means of a street fire alarm, statement,

•message or otherwise, or with intent to give such false alarm wilfully breaks the

•glass of, or otherwise damages, a street fire alarm, shall, on conviction, be punished

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

•may extend to one hundred rupees, or with both.

•2 of 1974.

•239

•45 of 1860.

102.Whoever is found between sunset and sunrise—

(a)armed with any dangerous instrument with intent to commit an

•offence; or

(b)having his face covered, or otherwise disguised with intent to commit

•an offence; or

(c)in any dwelling-house or other building, or on any vehicle, without

•being able satisfactorily to account for his presence there; or

(d)lying or loitering in any s treet, yard or other place, being a reputed

•thief and without being able to give a satisfactory account of himself; or

(e)having in his possession without lawful excuse (the burden of

•proving which excuse shall be on such person) any implement of

•house breaking,

•shall, on conviction, be punished with imprisonment for a term which may extend

•to three months.

103.Whoever has in his possession or conveys in any manner, or offers for

•sale or pawn, anything which there is reason to believe is stolen property or property

•fraudulently obtained, shall, if he fails to account for such possession or act to the

•satisfaction of the Metropolitan Magistrate, on conviction, be punished with

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

•extend to one hundred rupees, or with both.

104.Whoever being a pawn-broker, dealer in second hand property, or worker

•in metals, or reasonably believed by the Commissioner of Police to be such a person,

•and having received from a police officer written or printed information in relation

•to any property suspected to have been transferred by any offence mentioned in

SECTION Section 863

Untitled Section

•section 410 of the Indian Penal Code or by any offence punishable under

SECTION Section 864

Untitled Section

•section 417, section 418, section 419 or section 420 of the said Code, is found in

•possession, or, after the receipt of such information, comes into possession or has

•an offer, either by way of sale, pawn, exchange, or for custody, alteration or

•otherwise, howsoever, made to him, of property answering the description contained

•in such information, shall, unless—

(i)he forthwith gives information to the Commissioner of Police, or at

•a police station of such possession or offers and takes all reasonable means to

•ascertain and to give information as aforesaid of the name and address of the

•person from whom the possession or offer was received, or

•(ii) the property, being an article of common wearing apparel or

•otherwise, is incapable of identification from the wri tten or printed

•information given and has been in no way concealed after the receipt of such

•information,

•on conviction, be punished with fine which may extend to fifty rupees in respect of

•each such article of property so in his possession or offered to him.

105.Whoever having received such information as is referred to in

SECTION Section 865

Untitled Section

•section 104 alters, melts, defaces or puts away or causes or suffers to be altered,

•melted, defaced or put away, without the previous permission of the police, any such

•property as is referred to in that section shall, on proof that the same was stolen

•property within the meaning of section 410 of the Indian Penal Code or property in

•respect of which any offence punishable under section 417, section 418, section 419

•or section 420 of the said Code has been committed, be punished with imprisonment

•for a term which may extend to three years or with fine, or with both.

106.Whoever takes from any child, not appearing to be above the age of

•fourteen years, any article whatsoever as a pawn, pledge or security for any sum of

•money lent, advanced or delivered to such child or without the knowledge and

•consent of the owner of the article buys from such child any article whatsoever,

•shall, on conviction, be punished with fine which may extend to one hundred rupees.

•* * * * *

•Being found

•under suspicious

•circumstances

•between sunset

•and sunrise.

•Possession of

•property of

•which no

•satisfactory

•account can be

given.

•Omission by

•pawn-brokers,

etc., to report to

•police

•possession or

•tender of

•property

•suspected to be

stolen.

•Melting, etc., of

•property referred

•to in section 104.

•Taking pledge

•from child.

•240

•Cheating at

•games and

•gambling in

street.

•Penalty for

•contravening

•regulations, etc.,

•under section 28.

•Penalty for not

•obtaining licence

•in respect of

•place of public

•entertainment or

•certificate of

•registration in

•respect of eating

•house or for not

•renewing such

•licence or

•certificate within

•prescribed

period.

•Penalty for

•making false

•statement, etc.,

•and for

•misconduct of

•police officers

108.(1) Whoever by any fraud or unlawful device or malpractice in playing

•at or with cards, dice or other game or in taking part in the stakes or wagers, or in

•betting on the sides or hands of the players, or in wagering on the event of any game,

•sports, pastime or exercise, wins from any other person, for himself or any other or

•others, any sum of money or valuable thing, shall be deemed to have committed the

•offence of cheating within the meaning of section 415 of the Indian Penal Code, and

•be liable to punishment accordingly.

(2)Whoever assembles with others, or joins any assembly, in a street

•assembled for the purpose of gambling or wagering shall, on conviction, be

•punished with fine which may extend to fifty rupees or may be released after a due

admonition.

•* * * * *

110.Save as provided in section 112, whoever contravenes , or abets the

•contravention of, any regulation made under section 28 or any of the conditions of

•a licence issued under such regulation shall, on conviction, be punished—

•* * * * *

(b)if the regulation was made under clause ( d), ( h), ( i), or ( j),

•sub-clause (i) or (ii) of clause (s) or clause (v) of sub-section (1) of section 28,

•with imprisonment for a term which may extend to eight days, or with fine

•which may extend to fifty rupees, or with both;

•* * * * *

112.(1) Whoever fails to obtain a licence under this Act in respect of a place

•of public entertainment or a certificate of registration thereunder in respect of any

•eating house, or to renew the licence or the certificate, as the case may be, within

•the prescribed period shall, on conviction, be punished with fine which may extend

•to fifty rupees.

(2)Any court trying any such offence shall in addition direct that the person

•keeping the place of public entertainment, or the eating house, in re spect of which

•the offence has been committed shall close such place, or eating house until he

•obtains a licence or fresh licence, or a certificate of registration or fresh certificate

•of registration, as the case may be, in respect thereof and thereupon s uch person

•shall forthwith comply with such direction.

(3)If the person fails to comply with any such direction, he shall, on

•conviction, be punished with imprisonment for a term which may extend to one

•month or with fine which may extend to two hundred rupees or with both.

(4)Without prejudice to any action taken under sub-section (3), on the failure

•of such person to comply with the direction of the court, any police officer

•authorised by the Commissioner of Police, by an order in writing, may take or cause

•to be taken such steps and use or cause to be used such force as may, in the opinion

•of such officer, be reasonably necessary for securing compliance with the court’s

direction.

•* * * * *

SECTION Section 866

Untitled Section

122.(a) * * * * *

(b)any police officer who—

•* * * * *

•(iii) is guilty of any wilful breach or neglect of any provision of

•law or of any rule or regulation or any order which he is bound to observe

•or obey, or

•45 of 1960.

•241

•(iv) is guilty of any violation of duty for which no punishment is

•expressly provided by any other law in force, shall, on conviction, be

•punished with imprisonment for a term which may extend to three months,

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

•* * * * *

•————

•EXTRACTS FROM THE HIND CYCLES LIMITED AND SEN-RALEIGH LIMITED

•(NATIONALISATION) ACT, 1980

•(70 OF 1980)

•* * * * *

SECTION Section 867

Untitled Section

27.Any person who,—

•* * * * *

(e)wrongfully removes or destroys any property forming part of any

•undertaking of either of the two companies or prefers any claim which he

•knows or has reason to believe to be false or grossly inaccurate,

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

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

28.(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 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, if he proves that

•the offence was committed without his knowledge or that he had exercised 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 neglect on

•the part of, any director, manager, secretary or other officer of the company, such

•director, manager, secretary or other officer shall 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; and

(b)“director”, in relation to a firm, means a partner in the firm.

•* * * * *

SECTION Section 868

Untitled Section

31.(1) * * * * *

(2)In particular, and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely,—

•* * * * *

(c)the manner in which the moneys in any provident fund or other fund,

•referred to in section 14, shall be dealt with;

•* * * * *

•————

Penalties.

•Offences by

companies.

•Power to make

rules.

•242

Penalties.

•Offences by

companies.

•Power to make

rules.

Penalties.

•EXTRACTS FROM THE DALMIA DADRI CEMENT LIMITED (ACQUISITION AND TRANSFER

•OF UNDERTAKINGS) ACT, 1981

•(31 OF 1981)

•* * * * *

SECTION Section 869

Untitled Section

28.Any person who,—

•* * * * *

(f)prefers any claim under this Act which he knows or has reasonable

•cause to believe to be false or grossly inaccurate,

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

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

29.(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 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, if he proves that t he offence was committed

•without his knowledge or that he had exercised 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

•neglect on the part of, any director, manager, secretary or other officer of the

•company, such director, manager, secretary or other o fficer shall 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 87

Untitled Section

•articles without

disinfection.

•500/-

SECTION Section 870

Untitled Section

30.(1) * * * * *

(2)In particular, and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•* * * * *

(c)any other matter which is required to be, or may be prescribed.

•* * * * *

•————

•EXTRACTS FROM THE BRITISH INDIA CORPORATION LIMITED (ACQUISITION OF

•SHARES) ACT, 1981

•* * * * *

SECTION Section 871

Untitled Section

17.If any person,—

(a)makes any claim for any payment under this Act, knowing or having

•reason to believe that such claim is false or without any basis; or

(b)when required under this Act so to do,—

(i)omits or fails to produce any register or record of the Company; or

•243

•(ii) makes any statement of furnishes any information which is

•false in any material particular and which he knows or believes to be

•false or does not believe to be true; or

(c)makes any such statement as aforesaid in any book, account, record,

•register, return or other document,

•he shall be punishable with imprisonment for a term which may extend to two years,

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

SECTION Section 872

Untitled Section

18.(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 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, if he proves that the offence was committ ed

•without his knowledge or that he had exercised 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 with the consent or connivance of , or is

•attributable to any neglect on the part of, any director, manager, secretary or other

•officer, such director, manager, secretary or other officer shall be deemed to be

•guilty of that offence and shall be liable to be proceeded against the punished

accordingly.

Explanation.—For the purposes 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 873

Untitled Section

19.No court shall take cognizance of an offence punishable under this Act,

•except with the previous sanction of the Central Government or of an officer

•authorised by that Government in this behalf.

•* * * * *

•————

•EXTRACTS FROM THE MARITIME ZONES OF INDIA (REGULATION OF FISHING BY

•FOREIGN VESSELS) ACT, 1981

•(42 OF 1981)

•* * * * *

11.Whoever contravenes the provisions of any licence shall be punishable

•with fine not exceeding rupees ten lakhs.

12.Whoever contravenes the provisions of any permit shall be punishable,—

(a)where such contravention relates to the area of operation or method

•of fishing specified in such permit, with fine not exceeding rupees five

•lakhs; and

(b)in any other case, with fine not exceeding rupees fifty thousand.

SECTION Section 874

Untitled Section

13.(1) Where any person is convicted of an offence under section 10 or

SECTION Section 875

Untitled Section

•section 11 or section 12, the foreign vessel used in or in connection with the

•commission of the said offence, together with its fishing gear, equipment, stores and

•cargo and any fish on board such ship or the proceeds of the sale of any fish ordered

•to be sold under the second proviso to clause (a) of sub-section (4) of section 9 shall

•also be liable to confiscation.

•Offences by

companies.

•Limitation of

•cognizance of

offences.

•Penalty for

•contravention of

licence.

•Penalty for

•contravention of

permit.

•Confiscation of

•vessels, etc.

•244

•Penalty for

•obstruction of

•authorised

officers.

Penalties.

•Offences by

companies.

•Power to make

rules.

•* * * * *

SECTION Section 876

Untitled Section

15.If any person—

•* * * * *

(c)fails to stop the vessel or produce the licence, permit, log book or

•other document or any fish, net, fishing gear or other equipment on board such

•vessel, when required to do so by the authorised officer,

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

•or with fine not exceeding rupees fifty thousand or with both.

•* * * * *

•————

•EXTRACTS FROM THE INCHEK TYRES LIMITED AND NATIONAL RUBBER

•MANUFACTURERS LIMITED (NATIONALISATION) ACT, 1984

•(17 OF 1984)

•* * * * *

SECTION Section 877

Untitled Section

27.Any person who,—

•* * * * *

(e)wrongfully removes or destroys any property forming part of any

•undertaking of either of the two companies or prefers any claim which he

•knows or has reasonable cause to believe to be false or grossly inaccurate,

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

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

SECTION Section 878

Untitled Section

28.(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 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, if he proves that the offence was commit ted

•without his knowledge or that he had exercised 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 neglect on

•the part of, any director, manager, secretary or other officer of the company, such

•director, manager, secretary or other officer shall 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; and

(b)“director”, in relation to a firm, means a partner in the firm.

•* * * * *

SECTION Section 879

Untitled Section

31.(1) * * * * *

(2)In particular, and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•* * * * *

(c)any other matter which is required to be, or may be, prescribed.

•* * * * *

•————

•245

•EXTRACTS FROM THE CALCUTTA METRO RAILWAY (OPERATION AND MAINTENANCE)

•TEMPORARY PROVISIONS ACT, 1985

•(10 OF 1985)

•* * * * *

SECTION Section 88

Untitled Section

•Section 383 Sale of food or drink

•in contravention of

•restriction or

•prohibition of the

Commissioner.

•500/-

SECTION Section 880

Untitled Section

9.(1) No person shall smoke in any compartment or carriage of the metro

•railway or in any underground metro railway station.

(2)Whoever contravenes the provisions of sub-section (1) shall be punishable

•with fine which may extend to two hundred and fifty rupees.

(3)If any person persists in so smoking after being warned by any metro railway

•official to desist, he may, in addition to incurring the liability mentioned in

•sub-section (2), be removed from the compartment or carriage in which he is travelling

•or from the underground station at which he may be found smoking by any metro

•railway official authorised by the metro railway administration in this behalf.

SECTION Section 881

Untitled Section

10.(1) If any person,—

(a)is in a state of intoxication; or

(b)commits any nuisance or act of indecency, or uses obscene or abusive

•language; or

(c)wilfully or without excuse interferes in any way with the comfort of

•any passenger,

•in any carriage or upon any part of the met ro railway, he shall be punishable with

•fine which may extend to two hundred and fifty rupees and shall also be liable to

•forfeiture of the fare which he may have paid or any pass or ticket which he may

•have obtained or purchased, or be removed from such carriage or part by any metro

•railway official authorised by the metro railway administration in this behalf.

(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 passenger travelling or being upon the metro railway, with imprisonment for

•a term which may extend to two years, or with fine which may extend to five

•hundred rupees, or with both.

•* * * * *

SECTION Section 882

Untitled Section

13.(1) If a person enters into or upon the metro railway without any lawful

•authority or having entered with lawful authority remains there unlawfully and

•refuses to leave on being requested to do so by any metro railway official, he shall

•be punishable with imprisonment for a term which may extend to three months, or

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

•* * * * *

•————

•EXTRACTS FROM THE HANDLOOMS (RESERVATION OF ARTICLES FOR PRODUCTION)

•ACT, 1985

•(22 OF 1985)

•* * * * *

SECTION Section 883

Untitled Section

10.Whoever produces any article or class of articles in contravention of an

•order made under section 3,—

(a)shall be punishable with imprisonment for a term which may extend

•to six months or with fine which may extend to five thousand rupees per loom

•by which the said article or class of articles is produced, or with both, and in

•the case of a continuing contravention, with an additional fine which may

•extend to five hundred rupees per loom for every day during which such

•contravention continues after conviction for the first such contravention; and

•Smoking in

•compartments,

etc.

•Drunkenness or

•nuisance upon

•the metro

railway.

•Penalty for

•unlawfully

•entering or

•remaining upon

•the metro

•railway or

•walking on the

•metro railway

line.

•Penalty for

•contravention of

•orders made

•under section 3.

•246

•False statement.

•Power to make

rules.

•Power to make

regulations.

•Power to

•prohibit or

•control imports

•and exports of

•Scheduled

products.

•* * * * *

SECTION Section 884

Untitled Section

11.If any person,—

•* * * * *

(b)when required by the authorised officer under section 7 to produce

•any books of account, registers, records or other documents, fails to produce,

•or damages or destroys any such books, registers or other documents,

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

•months, or with fine which may extend to five thousand rupees, or with both.

•* * * * *

•————

•EXTRACTS FROM THE INLAND WATERWAYS AUTHORITY OF INDIA ACT, 1985

•(82 OF 1985)

•* * * * *

SECTION Section 885

Untitled Section

34.(1) * * * * *

(2)Without prejudice to the generality of the foregoing power, such rules may

•provide for all or any of the following matters, namely:—

•* * * * *

(h)the conditions and restrictions with respect to exercise of the power

•to enter under section 28 and the matters referred to in clause (f) of that section;

•and

•* * * * *

SECTION Section 886

Untitled Section

35.(1) * * * * *

(3)Any regulation made under any of the clauses (c) to (j) of sub-section (2)

•may provide that a contravention thereof shall be punishable with fine which

•may extend to five hundred rupees and in the case of a continuing contravention

•with an additional fine which may extend to twenty rupees for every day during

•which such contravention continues after conviction for the first such

contravention.

•* * * * *

•————

•EXTRACTS FROM THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT

•DEVELOPMENT AUTHORITY ACT, 1985

•(2 OF 1986)

•* * * * *

SECTION Section 887

Untitled Section

•CHAPTER V

•CONTROL BY THE CENTRAL GOVERNMENT

SECTION Section 888

Untitled Section

19.(1) * * * * *

(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.

•* * * * *

•52 of 1962.

•247

•CHAPTER VI

•MISCELLANEOUS

SECTION Section 889

Untitled Section

22.Any person who, being required by or under this Act to furnish any return,

•fails to furnish such return or furnishes a return containing any particular 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.

SECTION Section 89

Untitled Section

•Section 384 Removal or use of

•water from wells and

•tanks in contravention

•of prohibition of

Commissioner.

•500/-

SECTION Section 890

Untitled Section

23.Any person who—

(a)obstructs any member authorised by the Chairman in writing or any

•officer or other employee of the Authority 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 when 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.

SECTION Section 891

Untitled Section

24.Whoever contravenes or attempts to contravene or abets the contravention

•of the provisions of this Act or of any rules made hereunder other than the

•provisions, the punishment for the contravention whereof has been provided for in

•sections 19, 22 and 23, 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 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 892

Untitled Section

26.No court inferior to that of a Metropolitan Magistrate or a M agistrate of

•the first class shall try any offence punishable under this Act.

•* * * * *

SECTION Section 893

Untitled Section

32.(1) * * * * *

(2)In particular, and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•* * * * *

(m)the form in which and the date before which the Authority shall

•furnish to the Central Government the report of its activities and programme

•under sub-section (2) of section 21;

•* * * * *

•————

•EXTRACTS FROM THE MOTOR VEHICLES ACT, 1988

•(59 OF 1988)

•* * * * *

SECTION Section 894

Untitled Section

8.(1) * * * * *

(8)Any learner’s licence for driving a motor cycle in force immediately before

•the commencement of this Act shall, after such commencement, be deemed to be

•effective for driving a motor cycle with or without gear.

•Penalty for

•making false

reports.

•Penalties for

•obstructing a

•member or

•officer of the

•Authority in the

•discharge of his

•duty and for

•failure to

•produce books

•and records.

•Other penalties.

•Jurisdiction of

court.

•Power to make

rules.

•Grant of

•learner’s licence.

•248

•Grant of driving

licence.

•Licensing and

•regulation of

•schools or

•establishments

•for imparting

•instruction in

•driving of motor

vehicles.

•Currency of

•licences to drive

•motor vehicles.

•Renewal of

•driving licences.

•Power of Court

•to disqualify.

•Registration,

•where to be

made.

9.(1) * * * * *

(9)Any driving licence for driving a motor cycle in force immediately before

•the commencement of this Act shall, after such commencement, be deemed to be

•effective for driving a motor cycle with or without gear.

•* * * * *

SECTION Section 895

Untitled Section

12.(1) * * * * *

(4)A s chool or establishment imparting instruction in driving of motor

•vehicles or matters connected therewith immediately before the commencement of

•this Act whether under a licence or not, may continue to impart such instruction

•without a licence issued under this Act for a period of one month from such

•commencement, and if it has made an application for such licence under this Act

•within the said period of one month and such application is in the prescribed form,

•contains the prescribed particulars and is accompanied by the prescribed fee, till the

•disposal of such application by the licensing authority.

•* * * * *

SECTION Section 896

Untitled Section

14.(1) * * * * *

(2)A driving licence issued or renewed under this Act shall,—

•* * * * *

(b)in the case of any other licence, subject to such conditions as the

•Central Government may prescribe, if the person obtaining the licence, either

•originally or on renewal thereof,—

•* * * * *

•(iv) has attained the age of fifty -five years on the da te of issue or

•as the case may be, renewal thereof, be effective for a period of five

•years from the date of such issue or renewal.

SECTION Section 897

Untitled Section

15.(1) Any licensing authority may, on application made to it, renew a driving

•licence issued under the provisions of this Act with effect from the date of its expiry:

•Provided that in any case where the application for the renewal of a licence is

•made more than thirty days after the date of its expiry, the driving licence shall be

•renewed with effect from the date of its renewal:

•Provided further that where the applica tion is for the renewal of a licence to

•drive a transport vehicle or where in any other case the applicant has attained the

•age of forty years, the same shall be accompanied by a medical certificate in the

•same form and in the same manner as is referred to in sub-section (3) of section 8,

•and the provisions of sub -section (4) of section 8 shall, so far as may be, apply in

•relation to every such case as they apply in relation to a learner’s licence.

•* * * * *

SECTION Section 898

Untitled Section

20.(1) * * * * *

(2)Where a per son is convicted of an offence under clause ( c) of

•sub-section (1) of section 132, section 134 or section 185, the Court convicting any

•person of any such offence shall order the disqualification under sub -section (1),

•and if the offence is relatable to clause ( c) of sub -section (1) of section 132 or

SECTION Section 899

Untitled Section

•section 134, such disqualification shall be for a period of not less than one month,

•and if the offence is relatable to section 185, such disqualification shall b e for a

•period of not less than six months.

•* * * * *

SECTION Section 9

Untitled Section

4.1898 9 The

•Live-stock

•Importation

•Act, 1898

(A)After section 3A, the following section shall be

•inserted, namely:—

•“3B. Laying of notification before both Houses of

Parliament.—All notifications issued under this Act

•shall be laid before both Houses of Parliament as soon

•as may be after they are issued.” .

(B)Section 4 shall be omitted.

SECTION Section 90

Untitled Section

•Section 386 Removal of

•infectious corpses in

•contravention of the

•provisions of the

section.

•500/-

SECTION Section 900

Untitled Section

40.Subject to the provisions of section 42, section 43 and section 60, every

•owner of a motor vehicle shall cause the vehicle to be registered by a registering

•authority in whose jurisdiction he has the residence or place of business where the

•vehicle is normally kept.

•249

•* * * * *

SECTION Section 901

Untitled Section

55.(1) If a motor vehicle has been destroyed or has been rendered permanently

•incapable of use, the owner shall, within fourteen days or as soon as may be, report

•the fact to the registering authority within whose jurisdiction he has the residence or

•place of business where the vehicle is normally kept, as the case may be, and shall

•forward to that authority the certificate of registration of the vehicle.

•* * * * *

SECTION Section 902

Untitled Section

65.(1) * * * * *

(2)Without prejudice to the generality of the foregoing power, such rules may

•provide for—

•* * * * *

(k)the amount or amounts under sub -section ( 13) of section 41 or

•sub-section (7) of section 47 or sub-section (4) of section 49 or sub-section (5)

•of section 50;

•* * * * *

SECTION Section 903

Untitled Section

75.(1) * * * * *

(2)A scheme made under sub -section (1) may provide for all or any of the

•following matters, namely:—

•* * * * *

(g)conditions subject to which motor cabs may be rented;

•* * * * *

SECTION Section 904

Untitled Section

84.The following shall be conditions of every permit—

•* * * * *

(f)that the provisions of Chapters X, XI and XII so far as they apply to

•the holder of the permit are observed; and

•* * * * *

SECTION Section 905

Untitled Section

96.(1) * * * * *

(2)Without prejudice to the generality of the foregoing power, rules under this

•section may be made with respect to all or any of the following matters, namely:—

•* * * * *

•(xii) the conditions to be attached to permits for the purpose of giving

•effect to any agreement such as is referred to in clause (iii) of sub-section (1)

•of section 67;

•* * * * *

SECTION Section 906

Untitled Section

157.(1) * * * * *

(2)The transferee shall apply within fourteen days from the date of transfer in

•the prescribed form to the insurer for making necessary changes in regard to the fact

•of transfer in the certificate of insurance and the policy described in the certificate

•in his favour and the insurer shall make the necessary changes in the certificate and

•the policy of insurance in regard to the transfer of insurance.

•* * * * *

SECTION Section 907

Untitled Section

161.(1) * * * * *

(4)A scheme made under sub-section (3) may provide that,—

•* * * * *

(b)a contravention of any provision thereof shall be punishable with

•imprisonment which may extend to two years, or with fine which shall not be

•less than twenty-five thousand rupees but may extend to five lakh rupees or

•with both;

•Cancellation of

registration.

•Power of State

•Government to

•make rules.

•Scheme for

•renting of motor

cabs.

•General

•conditions

•attaching to all

permits.

•Power of State

•Government to

•make rules for

•the purposes of

•this Chapter.

•Transfer of

•certificate of

insurance.

•Special

•provisions as to

•compensation in

•case of hit and

•run motor

accident.

•250

•Application for

compensation.

•Option regarding

•claims for

•compensation in

•certain cases.

•General

•provision for

•punishment of

offences.

•Penalty for

•contravention of

•regulations under

SECTION Section 908

Untitled Section

•section 118.

•Penalty for

•travelling without

•pass or ticket and

•for dereliction of

•duty on the part of

•conductor and

•refusal to ply

•contract carriage,

etc.

•Disobedience of

•orders, obstruction

•and refusal of

information.

•* * * * *

SECTION Section 909

Untitled Section

166.(1) * * * * *

(3)No application for compensation shall be entertained unless it is made

•within six months of the occurrence of the accident.

•* * * * *

SECTION Section 91

Untitled Section

•Section 391,

•sub-section

(1)

•Failure to comply

•with requisition to

•close a burning or

•burial ground.

•1000/-

•38

(1)(2) (3) (4) (5)

(1)(2) (3)

SECTION Section 910

Untitled Section

167.Notwithstanding anything contained in the Workmen’s Compensation

•Act, 1923 where the death of, or bodily injury to, any person gives rise to a claim for

•compensation under this Act and also under the Workmen’s Compensation

•Act, 1923, the person entitled to compensation may without prejudice to the provisions

•of Chapter X claim such compensation under either of those Acts but not under both.

•* * * * *

SECTION Section 911

Untitled Section

•CHAPTER XIII

•OFFENCES, PENALTIES AND PROCEDURE

SECTION Section 912

Untitled Section

177.Whoever contravenes any provision of this Act or of any rule, regulation

•or notification made thereunder shall, if no penalty is provided for the offence be

•punishable for the first offence with fine which may extend to five hundred rupees,

•and for any sec ond or subsequent offence with fine which may extend to one

•thousand and five hundred rupees.

177A.Whoever contravenes the regulations made under section 118, shall be

•punishable with fine which shall not be less than five hundred rupees, but may

•extend to one thousand rupees.

SECTION Section 913

Untitled Section

178.(1) Whoever travels in a stage carriage without having a proper pass or ticket

•with him or being in or having alighted from a stage carriage fails or refuses to present for

•examination or to deliver up his pass or ticket immediately on a requisition being made

•therefor, shall be punishable with fine which may extend to five hundred rupees.

Explanation.—In this section, “pass” and “ticket” have the meanings

•respectively assigned to them in section 124.

(2)If the conductor of a stage carriage, or the driver of a stage carriage

•performing the functions of a conductor in such stage carriage, whose duty is—

•* * * * *

(b)to check any pass or ticket, either wilfully or negligently fails or

•refuses to do so,

•he shall be punishable with fine which may extend to five hundred rupees.

(3)If the holder of a permit or the driver of a contract carriage refuses, in

•contravention of the provisions of this Act or rules made thereunder, to ply the

•contract carriage or to carry the passengers, he shall,—

•* * * * *

SECTION Section 914

Untitled Section

179.(1) Whoever wilfully disobeys any direction lawfully given by any

•person or authority empowered under this Act to give such direction, or obstructs

•any person or authority in the discharge of any functions which such person or

•authority is required or empowe red under this Act to discharge, shall, if no other

•penalty is provided for the offence be punishable with fine which may extend to five

•hundred rupees.

•8 of 1923.

•251

(2)Whoever, being required by or under this Act to supply any information,

•wilfully withholds such information or gives information which he knows to be false

•or which he does not believe to be true, shall, if no other penalty is provided for the

•offence, be punishable with imprisonment for a term which may extend to one

•month, or with fine which may extend to five hundred rupees, or with both.

•* * * * *

SECTION Section 915

Untitled Section

182.(1) * * * * *

(2)Whoever, being disqualified under this Act for holding or obtaining a

•conductor’s licence, acts as a conductor of a stage carri age in a public place or

•applies for or obtains a conductor’s licence or, not being entitled to have a

•conductor’s licence issued to him free of endorsement, applies for or obtains a

•conductor’s licence without disclosing the endorsements made on a conduct or’s

•licence previously held by him, shall be punishable with imprisonment for a term

•which may extend to one month, or with fine which may extend to one hundred

•rupees, or with both, and any conductor’s licence so obtained by him shall be of no

effect.

•* * * * *

182B.Whoever contravenes the provisions of section 62A, shall be punishable

•with fine which shall not be less than five thousand rupees, but may extend to ten

•thousand rupees.

•* * * * *

SECTION Section 916

Untitled Section

186.Whoever drives a motor vehicle in any public place when he is to his

•knowledge suffering from any disease or disability calculated to cause his driving

•of the vehicle to be a source of danger to the public, shall be punishable for the first

•offence with fine which may extend to two hundred rup ees and for a second or

•subsequent offence with fine which may extend to five hundred rupees.

•* * * * *

SECTION Section 917

Untitled Section

190.(1) Any person who drives or causes or allows to be driven in any public

•place a motor vehicle or trailer while the vehicle or trailer has any defect, which such

•person knows of or could have discovered by the exercise of ordinary care and which is

•calculated to render the driving of the vehicle a source of danger to persons and vehicles

•using such place, shall be punishable with fine which may extend to two hundred and

•fifty rupees or, if as a result of such defect an accident is caused causing bodily injury or

•damage to property, with imprisonment for a term which may extend to three months or

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

(2)Any person who drives or causes or allows to be driven, in any public place

•a motor vehicle, which violates the standards prescribed in relation to road safety,

•control of noise and air -pollution, shall be punishable for th e first offence with a

•fine of one thousand rupees and for any second or subsequent offence with a fine of

•two thousand rupees.

•* * * * *

SECTION Section 918

Untitled Section

192.(1) Whoever drives a motor vehicle or causes or allows a motor vehicle

•to be used in contravention of the provisions of section 39 shall be punishable for

•the first offence with a fine which may extend to five thousand rupees but shall not

•be less than two thousand rupees for a second or subsequent offence with

•imprisonment which may extend to one year or wit h fine which may extend to ten

•thousand rupees but shall not be less than five thousand rupees or with both:

•Offences

•relating to

licences.

•Punishment for

•contravention of

SECTION Section 919

Untitled Section

•section 62A.

•Driving when

•mentally or

•physically unfit

•to drive.

•Using vehicle in

•unsafe condition.

•Using vehicle

•without

registration.

•252

•Using vehicle

•without permit.

•Offences

•relating to

registration.

•Punishment of

•agents,

•canvassers and

•aggregators

•without proper

authority.

•Driving vehicle

•exceeding

•permissible

weight.

•Provided that the court may, for reasons to be recorded, impose a lesser

punishment.

•* * * * *

192A.(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 a fine which may extend to five thousand rupees but shall not be less than

•two thousand rupees and for any subsequent offence with imprisonment which may

•extend to one year but shall not be less than three months or with fine which may extend

•to ten thousand rupees but shall not be less than five thousand rupees or with both:

•Provided that the court may for reasons to be recorded, impose a lesser

punishment.

•* * * * *

192B.( 1) Whoever, being the owner of a motor vehicle, fails to make an

•application for registration of such motor vehicle under sub -section ( 1) of

SECTION Section 92

Untitled Section

•Section 391,

•sub-section

(2)

•Burning or burial of

•corpses in a burning or

•burial ground after it

•has been closed.

•1000/-

SECTION Section 920

Untitled Section

•section 41 shall be punishable with fine of five times the annual road tax or

•one-third of the lifetime tax of the motor vehicle whichever is higher.

(2)Whoever, being a dealer, fails to make an application for the registration

•of a new motor vehicle under the second proviso to sub -section (1) of section 41

•shall be punishable with fine of fifteen times the annual road tax or the lifetime tax

•of the motor vehicle whichever is higher.

•* * * * *

SECTION Section 921

Untitled Section

193.(1) Whoever engages himself as an agent or canvasser in contravention

•of the provisions of section 93 or of any rules made thereunder shall be punishable

•for the first offence with fine of one thousand rupees and for any second or

•subsequent offence with imp risonment which may extend to six months, or with

•fine of two thousand rupees, or with both.

(2)Whoever engages himself as an aggregator in contravention of the

•provisions of section 93 or of any rules made thereunder shall be punishable with

•fine up to one lakh rupees but shall not be less than twenty-five thousand rupees.

(3)Whoever, while operating as an aggregator contravenes a condition of the

•licence granted under sub -section (1) of section 93, not designated by the State

•Government as a material condition, shall be punishable with fine of five thousand

rupees.

SECTION Section 922

Untitled Section

194.(1) Whoever drives a motor vehicle or causes or allows a motor vehicle

•to be driven in contravention of the provisions of section 113 or section 114 or

SECTION Section 923

Untitled Section

•section 115 shall be punishable with fine of twenty thousand rupees and an

•additional amount of two thousa nd rupees per tonne of excess load, together with

•the liability to pay charges for off-loading of the excess load:

•Provided that such motor vehicle shall not be allowed to move before such

•excess load is removed or is caused or allowed to be removed by th e person in

•control of such motor vehicle.

•(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to

•be driven when such motor vehicle is loaded in such a manner that the load or any

•part thereof or anything extends laterally beyond the side of the body or to the front

•or to the rear or in height beyond the permissible limit shall be punishable with a

•fine of twenty thousand rupees, together with the liability to pay charges for off -

•loading of such load:

•253

•Provided that such motor vehicle shall not be allowed to move before such

•load is arranged in a manner such that there is no extension of the load laterally

•beyond the side of the body or to the front or to the rear or in height beyond the

•permissible limit:

•Provided further that nothing in this sub-section shall apply when such motor

•vehicle has been given an exemption by the competent authority authorised in this

•behalf, by the State Government or the Central Government, allowing the carriage

•of a particular load.

(2)Any driver of a vehicle who refuses to stop and submit his vehicle to

•weighing after being directed to do so by an officer authorised in this behalf under

SECTION Section 924

Untitled Section

•section 114 or removes or causes the removal of the load or part of it prior to

•weighing shall be punishable with fine of forty thousand rupees.

194A.Whoever drives a transport vehicle or causes or allows a transport

•vehicle to be driven while carrying more passengers than is authorised in the

•registration certificate of such transport vehicle or the permit conditions applicable

•to such transport vehicle shall be punishable with a fine of two hundred rupees per

•excess passenger:

•Provided that such transport vehicle shall not be allowed to move before the

•excess passengers are off -loaded and an alternative transport is arranged for such

passengers.

194B.(1) Whoever drives a motor vehicle without wearing a safety belt or

•carries passengers not wearing seat belts shall be punishable with a fine of one

•thousand rupees:

•Provided that the State Government, may by notific ation in the Official

•Gazette, exclude the application of this sub -section to transport vehicles to carry

•standing passengers or other specified classes of transport vehicles.

(2)Whoever drives a motor vehicle or causes or allows a motor vehicle to be

•driven with a child who, not having attained the age of fourteen years, is not secured

•by a safety belt or a child restraint system shall be punishable with a fine of one

•thousand rupees.

194C.Whoever drives a motor cycle or causes or allows a motor cycle t o be

•driven in contravention of the provisions of section 128 or the rules or regulations

•made thereunder shall be punishable with a fine of one thousand rupees and he shall

•be disqualified for holding licence for a period of three months.

194D.Whoever drives a motor cycle or causes or allows a motor cycle to be

•driven in contravention of the provisions of section 129 or the rules or regulations

•made thereunder shall be punishable with a fine of one thousand rupees and he shall

•be disqualified for holding licence for a period of three months.

194E.Whoever while driving a motor vehicle fails to draw to the side of the

•road, on the approach of a fire service vehicle or of an ambulance or other

•emergency vehicle as may be specified by the State Government, sh all be

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

•a fine of ten thousand rupees or with both.

194F.Whoever—

(a)while driving a motor vehicle—

(i)sounds the horn needlessly or continuously or more than

•necessary to ensure safety, or

•Carriage of

•excess

passengers.

•Use of safety

•belts and the

•seating of

children.

•Penalty for

•violation of safety

•measures for

•motor cycle

•drivers and pillion

riders.

•Penalty for not

•wearing

•protective

headgear.

•Failure to allow

•free passage to

•emergency

vehicles.

•Use of horns and

•silence zones.

•254

•Driving

•uninsured

vehicle.

•Unauthorised

•interference with

vehicle.

•Failure to

•comply with

•standards for

•road design,

•construction and

maintenance.

•Revision of

fines.

•Composition of

•certain offences.

•(ii) sounds the horn in an area with a traffic sign prohibiting the

•use of a horn, or

(b)drives a motor vehicle which makes use of a cut -out by which

•exhaust gases are released other than through the silencer,

•shall be punishable with a fine of one thousand rupees and for a second or

•subsequent offence with a fine of two thousand rupees.

•* * * * *

SECTION Section 925

Untitled Section

196.Whoever drives a motor vehicle or causes or allows a motor vehicle to

•be driven in contravention of the provisions of section 146 shall be punishable for

•the first offence with imprisonment which may extend to three months, or with fine

•of two thousand rupees, or with both, and for a subsequent offence shall be

•punishable with imprisonment for a term which may extend to three months, or with

•fine of four thousand rupees, or with both.

•* * * * *

SECTION Section 926

Untitled Section

198.Whoever otherwise than with lawful or reasonabl e excuse enters or

•moves any stationary motor vehicle or tampers with the brake or any part of the

•mechanism of a motor vehicle shall be punishable with fine of one thousand rupees.

198A.(1) Any designated authority, contractor, consultant or concessionaire

•responsible for the design or construction or maintenance of the safety standards of

•the road shall follow such design, construction and maintenance standards, as may

•be prescribed by the Central Government from time to time.

(2)Where failure on the part of the designated authority, contractor, consultant or

•concessionaire responsible under sub-section (1) to comply with standards for road

•design, construction and maintenance, results in death or disability, such authority or

•contractor or concessionaire shall be punishable with a fine which may extend to one

•lakh rupees and the same shall be paid to the Fund constituted under section 164B.

(3)For the purposes of sub-section (2), the court shall in particular have regard

•to the following matters, namely:—

•* * * * *

(g)such other matters as may be prescribed by the Central Government.

Explanation.— For the purposes of this section, the term contractor shall

•include sub-contractors and all such person who are responsible for any stage in the

•design, construction and maintenance of a stretch of road.

•* * * * *

199B.The fines as provided in this Act shall be increased by such amount not

•exceeding ten per cent. in value of the existing fines, on an annual basis on 1st day

•of April of each year from the date of commencement of the Motor Vehicles

•(Amendment) Act, 2019, as may be notified by the Central Government.

SECTION Section 927

Untitled Section

200.(1) Any offence whether committed before or after the commencement

•of this Act punishable under section 177, se ction 177A, section 178, section 179,

SECTION Section 928

Untitled Section

•section 180, section 181, 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 Section 929

Untitled Section

•section 183, clause (c) of the Explanation to section 184, section 186, section 189,

•sub-section ( 2) of section 190, section 192, section 192A, sub -section ( 3) of

SECTION Section 93

Untitled Section

•Section 392 Removal of corpses

•by other than

•prescribed routes.

•500/-

SECTION Section 930

Untitled Section

•section 1928, section 194, section 194A, section 194B, section 194C, section 194D,

SECTION Section 931

Untitled Section

•section 194E, section 194F, section 196, 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.

•* * * * *

•32 of 2019.

•255

210A.Subject to conditions made by the Central Government, a State

•Government, shall, by notification in the Official Gazette, specify a multiplier, not

•less than one and not greater than ten, to be applied to each fine under this Act and

•such modified fine, shall be in force in such State and different multipliers may be

•applied to different classes of motor vehicles as may be classified b y the State

•Government for the purpose of this section.

•* * * * *

210C.The Central Government may make rules for—

•* * * * *

(b)such other factors as may be taken into account by the Court under

•sub-section (3) of section 198A;

SECTION Section 932

Untitled Section

212.(1) * * * * *

(4)Every rule made by the Central Government under this Act, every scheme

•made by the Central Government under sub -section ( 1) of section 75 and

•sub-section ( 1) of section 163 and every notification issued by the Central

•Government under sub -section ( 4) of section 41, sub -section ( 1) of section 58,

•sub-section ( 1) of section 59, the proviso to sub -section ( 1) of section 112,

SECTION Section 933

Untitled Section

•section 118, sub -section ( 4) of section 163A, section 164, section 177A and

•sub-section (4) of section 213 shall be laid, as soon as may be after it is made, before

•each House of Parliament while it is in session for a total period of thirty days which

•may be comprised in o ne session or in two or more successive sessions, and if,

•before the expiry of the session immediately following the session or the successive

•sessions aforesaid, both Houses agree in making any modification in the rule,

•scheme or notification or both Hous es agree that the rule or scheme should not be

•made or the notification should not be issued, the rule, scheme or notification shall

•thereafter have effect only in such modified form or be of no effect, as the case may

•be; so, however, that any such modification or annulment shall be without prejudice

•to the validity of anything previously done under that rule, scheme or notification.

•* * * * *

•————

•EXTRACTS FROM THE RAILWAYS ACT, 1989

•(24 OF 1989)

•* * * * *

SECTION Section 934

Untitled Section

60.(1) * * * * *

(3)Any rule made under this section may provide that a contravention thereof

•shall be punishable with fine which shall not exceed five hundred rupees.

•* * * * *

SECTION Section 935

Untitled Section

87.(1) * * * * *

(3)Any rule made under this section may provide that a contravention thereof

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

•* * * * *

SECTION Section 936

Untitled Section

•CHAPTER XV

•PENALTIES AND OFFENCES

SECTION Section 937

Untitled Section

137.(1) If any person, with intent to defraud a railway administration,—

(a)enters or remains in any carriage on a railway or travels in a train in

•contravention of section 55, or

(b)uses or attempts to use a single pass or a single ticket which has

•already been used on a previous journey, or in the case of a return ticket, a half

•thereof which has already been so used,

•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:

•Power of State

•Government to

•increase

penalties.

•Power of Central

•Government to

•make rules.

•Publication,

•commencement

•and laying of

•rules and

•notification

•Power to make

•rules in respect

•of matters in this

SECTION Section 938

Untitled Section

Chapter.

•Power to make

•rules in respect

•of matters in this

SECTION Section 939

Untitled Section

Chapter.

•Fraudulently

•travelling or

•attempting to

•travel without

•proper pass or

ticket.

•256

•Levy of excess

•charge and fare

•for travelling

•without proper

•pass or ticket or

•beyond

•authorised

distance.

•Penalty for

•transfer of

tickets.

•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 five hundred rupees.

(2)The person referred to in sub -section (1) shall also be liable to pay the

•excess charge mentioned in sub -section (3) in addition to the ordinary single fare

•for the distance which he has travelled, or where there is any doubt as to the station

•from which he started, the ordinary single fare from the station from which the train

•originally started, or if the tickets of passengers travelling in the train have been

•examined since the original starting of the train, the ordinary single fare from the

•place where the tickets were so examined or, in case of their having been examined

•more than once, were last examined.

(3)The excess charge referred to in sub-section (2) shall be a sum equal to the

•ordinary single fare referred to in that sub-section or two hundred and fifty rupees,

•whichever is more.

(4)Notwithstanding anything contained in section 65 of the Indian Penal

•Code, the court convicting an offender may direct that the person in default of

•payment of any fine inflicted by the court shall suffer imprisonment for a term which

•may extend to six months.

SECTION Section 94

Untitled Section

•Section 393,

•sub-section

(1), clause

(b).

•Failure to give

•notice for removal of

•carcasses of dead

animals.

•100/-

SECTION Section 940

Untitled Section

138.(1) * * * * *

(3)The excess charge shall be a sum equal to the amount payable under

•sub-section (1) or sub -section (2), as the case may be, or two hundred and fifty

•rupees, whichever is more:

•Provided that if the passenger has with him a certificate granted under

•sub-section (2) of section 55, no excess charge shall be payable.

(4)If any passenger liable to pay the excess charge and the 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

•under one or other of these sub -sections, as the case may be, any railway servant

•authorised by the railway administration in this behalf may apply to any Metropolitan

•Magistrate or a Judicial Magistrate of the first or second class, as the case may be, 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 order that the person

•liable for the payment shall in default of payment suffer imprisonment of either

•description for a term which may extend to one month but not less than ten days.

•* * * * *

SECTION Section 941

Untitled Section

142.(1) If any person not being a railway servant or an agent authorised in

•this behalf—

(a)sells or attempts to sell any ticket or any half of a return ticket; or

(b)parts or attempts to part with the possession of a ticket against which reservation

•of a seat or berth has been made or any half of a return ticket or a season ticket,

•in order to enable any other person to travel therewith, he shall be punisha ble with

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

•extend to five hundred rupees, or with both, and shall also forfeit the ticket which

•he sells or attempts to sell or parts or attempts to part.

(2)If any person purchases any ticket referred to in clause ( a) of

•sub-section (1) or obtains the possession of any ticket referred to in clause (b) of that

•sub-section from any person other than a railway servant or an agent authorised in this

•behalf, he shall be punishable with imprisonment for a term which may extend to three

•months and with fine which may extend to five hundred rupees and if the purchaser

•or holder of any ticket aforesaid travels or attempts to travel therewith, he shall forfeit

•the ticket which he so purchased or obtained and shall be deemed to be travelling

•without a proper ticket and shall be liable to be dealt with under section 138:

•45 of 1960.

•257

•Provided that in the absence of special and adequate reasons to the contrary to

•be mentioned in the judgment of the court, the punishment under sub-section (1) or

•sub-section (2) shall not be less than a fine of two hundred and fifty rupees.

•* * * * *

SECTION Section 942

Untitled Section

144.(1) If any person canvasses for any custom or hawks or exposes for sale

•any 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)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).

(3)Any perso n 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.

SECTION Section 943

Untitled Section

145.If any person in any railway carriage or upon any part of a railway—

(a)is in a state of intoxication; or

(b)commits any nuisance or act of indecency or uses abusive or obscene

•language; or

(c)wilfully or without excuse interferes with any amenity provided by the

•railway administration so as to affect the comfortable travel of any passenger,

•he may be removed from the railway by any railway servant and shall, in addition

•to the forfeiture of his pass or ticket, be punishable with imprisonment which may

•extend to six months and with fine which may extend to five hundred rupees:

•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)a fine of one hundred rupees in the case of conviction for the first

•offence; and

(b)imprisonment of one month and a fine of two hundred and fifty

•rupees, in the case of conviction for second or subsequent offence.

SECTION Section 944

Untitled Section

146.If any person wilfully obstructs or prevents any railway servant in the discharge

•of his duties, 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.

147.(1) If any person enters upon or into any part of a railway without lawful

•authority, or having lawfully entered upon or into such part misuses such property or

•refuses to leave, 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:

•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 five hundred rupees.

(2)Any person referred to in sub-section (1) may be removed from the railway by

•any railway servant or by any other person whom such railway servant may call to his aid.

•* * * * *

•Prohibition on

•hawking, etc.,

•and begging.

•Drunkenness or

nuisance.

•Obstructing

•railway servant

•in his duties.

•Trespass and

•refusal to desist

•from trespass.

•258

•Entering into a

•compartment

•reserved or

•resisting entry

•into a

•compartment not

reserved.

•Penalty for

•contravention of

•any of the

•provisions of

SECTION Section 945

Untitled Section

•Chapter XIV.

•Disobedience of

•drivers or

•conductors of

•vehicles to

•directions of

•railway servant,

etc.

•Entering

•carriage or other

•place reserved

•for females.

•Giving false

•account of

goods.

•Unlawfully

•bringing

•offensive goods

•on a railway.

•Defacing public

notices.

155.(1) If any passenger—

•* * * * *

(b)having unauthorisedly occupied a berth or seat reserved by a railway

•administration for the use of another passenger,

•refuses to leave it when required to do so by any railway servant authorised in this

•behalf, such railway servant may remove him or cause him to be removed, with the

•aid of any other person, from the compartment, berth or seat, as the case may be,

•and he shall also be punishable with fine which may extend to five hundred rupees.

(2)If any passenger resists the lawful entry of another pa ssenger into a

•compartment not reserved for the use of the passenger resisting, he shall be

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

•* * * * *

SECTION Section 946

Untitled Section

158.Any person under whose authority any railway servant is employed in

•contravention of any of the provisions of Chapter XIV or of the rules made

•thereunder, shall be punishable with fine which may extend to five hundred rupees.

SECTION Section 947

Untitled Section

159.If any driver or conductor of any vehicle while upon the premises of a

•railway disobeys the reasonable directions of any railway servant or police officer,

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

•month, or with fine which may extend to five hundred rupees, or with both.

•* * * * *

SECTION Section 948

Untitled Section

162.If a male person knowing or having reason to believe that a carriage,

•compartment, berth or seat in a train or room or other place is reserved by a railway

•administration for the exclusive use of females, without lawful excuse,—

(a)enters such carriage, compartment, room or other p lace, or having

•entered such carriage, compartment, room or place, remains therein; or

(b)occupies any such berth or seat having been required by any railway

•servant to vacate it, he shall,

•in addition to being liable to forfeiture of his pass or ticket, be punishable with fine which

•may extend to five hundred rupees and may also be removed by any railway servant.

SECTION Section 949

Untitled Section

163.If any person required to furnish an account of goods under section 66,

•gives an account which is materially false, he and, if he is not the owner of the

•goods, the owner also shall, without prejudice to his liability to pay any freight or

•other charge under any provision of this Act, be punishable with fine which may

•extend to five hundred rupees for every quintal or part thereof of such goods.

•* * * * *

SECTION Section 95

Untitled Section

•Section 397,

•sub-sections

(1), (2) and

(3)

•Commission of

nuisances.

•500/-

SECTION Section 950

Untitled Section

165.If any person, in contravention of section 67, takes with him any offensive

•goods or entrusts such goods for carriage to the railway administration, he shall be

•punishable with fine which may extend to five hundred rupees and shall also be

•liable for any loss, injury or damage which may be caused by reason of bringing

•such goods on the railway.

SECTION Section 951

Untitled Section

166.If any person without lawful authority—

•* * * * *

(b)obliterates or alters any letters or figures upon any suc h board or

•document or upon any rolling stock,

•259

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

•month, or with fine which may extend to five hundred rupees, or with both.

SECTION Section 952

Untitled Section

167.(1) * * * * *

(3)Whosoever contravenes the provisions of sub-section (1) or sub-section (2)

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

•* * * * *

SECTION Section 953

Untitled Section

172.If any railway servant is in a state of intoxication while on duty, he shall

•be punishable with fine which may extend to five hundred rupees and when the

•performance of any duty in such state is likely to endanger the safety of any person

•travelling on or being upon a railway, such railway servant shall be punishable with

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

•* * * * *

SECTION Section 954

Untitled Section

176.If any railway servant unnecessarily—

(a)allows any rolling stock to stand across a place where the railway

•crosses a public road on the level; or

(b)keeps a level crossing closed against the public, he shall be

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

•* * * * *

SECTION Section 955

Untitled Section

179.(1) * * * * *

(2)If any person commits any offence mentioned in sections 137 to 139, 141 to 147,

•153 to 157, 159 to 167 and 172 to 176, he may be arrested, without warrant or other written

•authority, by the officer authorised by a notified order of the Central Government.

•* * * * *

•————

•EXTRACTS FROM THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994

•(44 OF 1994)

•* * * * *

SECTION Section 956

Untitled Section

2.In this Act, unless the context otherwise requires,—

(1)“Administrator” means the Administrator of the National Capital

•Territory of Delhi;

•* * * * *

(25)“municipal market” means a market vested in or managed by the Council;

•* * * * *

(39)“public street” means any street which vests in the Council as a public

•street or the soil below the surface of which vests in the Council or which under

•the provisions of this Act becomes, or is declared to be, a public street;

•* * * * *

(54)“trade refuse” means the refuse of any trade or industry;

•* * * * *

Smoking.

•Penalty for

intoxication.

•Obstructing

•level crossing.

•Arrest for

•offences under

•certain sections.

Definitions.

•260

•Rates of

•property tax.

•Premises in

•respect of which

•property tax is to

•be levied.

•Determination of

•rateable value of

•lands and

•buildings

•assessable to

•property tax.

•Property tax

SECTION Section 957

Untitled Section

61.(1) Save as otherwise provided in this Act, the property tax shall be levied

•on lands and buildings in New Delhi and shall consist of not less than ten and not

•more than thirty per cent. of the rateable value of lands and buildings:

•Provided that the Council may, when fixing the rate at which the property tax

•shall be levied during any year, determine that the rate leviable in respect of lands

•and buildings or portions of lands and buildings in which any particular class of

•trade or business is carried on shall be higher than the rate determined in respect of

•other lands and buildings or portions of other lands and buildings by an amount not

•exceeding one-half of the rate so fixed: Provided further that the tax may be levied

•on graduated scale, if the Council so determines.

Explanation.—Where any portion of a land or building is liable to a higher

•rate of the tax such portion shall be deemed to be a separate property for the purpose

•of municipal taxation.

(2)The Council may exempt from the tax lands and buildings of which the

•rateable value does not exceed one thousand rupees.

SECTION Section 958

Untitled Section

62.(1) Save as otherwise provided in this Act, the property tax shall be levied

•in respect of all lands and buildings in New Delhi except—

(a)lands and buildings or portions of lands and buildings exclusively

•occupied and used for public worship or by a society or body for a charitable

•purpose:

•Provided that such society or body is supported wholly or in part by

•voluntary contributions, applies its p rofits, if any, or other income in

•promoting its objects and does not pay any dividend or bonus to its members.

Explanation.—“Charitable purpose” includes relief of the poor,

•education and medical relief but does not include a purpose which relates

•exclusively to religious teaching;

•* * * * *

SECTION Section 959

Untitled Section

63.(1) The rateable value of any lands or building assessable to any property

•taxes shall be the annual rent at which such land or building might reasonably be

•expected to let from year to year less a sum equal to ten per cent. of the said annual

•rent which shall be in lieu of all allowances for cost of repairs and insurance, and

•other expenses, if any, necessary to maintain the land or building in a state to

•command that rent:

•Provided that in respect of any land or building the standard rent of which has

•been fixed under the Delhi Rent Control Act, 1958 the rateable value thereof shall

•not exceed the annual amount of the standard rent so fixed.

(2)The rateable value of any land which is not built upon but is capable of

•being built upon and of any land on which a building is in process of erection shall

•be fixed at five per cent. of estimated capital value of such land.

(3)All plant and machinery contained or situate in or upon any land or building

•and belonging to any of the classes specified from time to time by public notice by the

•Chairperson with the approval of the Council, shall be deemed to form part of such

•land or building for the purpose of determining the rateable value thereof under

•sub-section (1) but save as aforesaid no account shall be taken of the value of any

•plant or machinery contained or situated in or upon any such land or building.

•59 of 1958.

•261

•44 of 1954.

•EXTRACTS FROM THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994

•(44 OF 1994)

•* * * * *

66.(1) The property tax shall be primarily leviable as follows:—

(a)if the land or building is let, upon the lessor;

(b)if the land or building is sub-let, upon the superior lessor;

(c)if the land or building is unlet, upon the person in whom the right to

•let the same vests:

•Provided that the property tax in respect of land and building, being property

•of the Union, possession of which has been delivered in pursuance of section 20 of

•the Displaced Persons (Compensation and Rehabilitation) Act, 1954 shall be

•primarily leviable upon the transferee.

(2)If any land has been let for a term exceeding one year to a tenant and such

•tenant has built upon the land, the property tax assessed in respect of that land and the

•building erected thereon shall be primarily leviable upon the said tenant, whether the

•land and building are in the occupation of such tenant or a sub-tenant of such tenant.

Explanation.—The term “tenant” includes any person deriving title to the land

•or the building erected upon such land from the tenant whether by operation of law

•or by transfer inter vivos.

(3)The liability of the several owners of any buildings which is, or purports to be,

•severally owned in parts or flats or rooms, for payment of property tax or any instalment

•thereof payable during the period of such ownership shall be joint and several.

SECTION Section 96

Untitled Section

•Section 398 Failure to comply

•with requisition for

•removal or abatement

•of nuisance.

•1000/-

SECTION Section 960

Untitled Section

67.(1) If any land or building assessed to property tax is let, and its rateable

•value exceeds the amount of rent payable in respect thereof to the person upon

•whom under the provision of section 66 the said tax is leviable, that person shall be

•entitled to receive from his tenant the difference between the amount of the property

•tax levied upon him and the amount which would be leviable upon him if the said

•tax was calculated on the amount of rent payable to him.

(2)If the land or building is sub-let and its rateable value exceeds the amount

•of rent payable in respect thereof to the tenant by his sub -tenant, or the amount of

•rent payable in respect thereof to a sub-tenant by the person holding under the sub-

•tenant, the tenant shall be entitled to receive from his sub-tenant or the sub-tenant

•shall be entitled to receive from the person holding under him, as the case may be,

•the difference between any sum recovered under this section from such tenant or

•sub-tenant and the amount of property tax w hich would be liable in respect of the

•said land or building if the rateable value thereof were equal to the difference

•between the amount of rent which such tenant or sub-tenant receives and the amount

•of rent which he pays.

(3)Any person entitled to rec eive any sum under this section shall have, for

•the recovery thereof, the same rights and remedies as if such sum were rent payable

•to him by the person from whom he is entitled to receive the same.

•* * * * *

SECTION Section 961

Untitled Section

69.(1) * * * * *

(a)in the case of any land or building held immediately from the Council

•or Government or Central Government, upon the interest in such land or

•building of the person liable for such tax and upon the goods and other

•movable properties, if any, found within or upon s uch land or building and

•belonging to such person; and

•Incidence of

•property tax.

•Apportionment

•of liability for

•property tax

•when the

•premises are let

•or sub-let.

•Property tax a

•first charge on

•premises on

•which it is

assessed.

•262

•Assessment list.

•Evidential value

•of assessment

list.

•Amendment of

•assessment list.

(b)in the case of any other land or building, upon such land or building

•and upon the goods and other movable properties, if any, found within or upon

•such land or building and belonging to the person liable for such tax.

Explanation.—The term “property tax” in this section shall be deemed

•to include the costs on recovery of property tax and the penalty, if any, payable

•as specified in the bye-laws.

SECTION Section 962

Untitled Section

70.(1) Save as otherwise provided in this Act, the Council shall cause an

•assessment list of all lands and buildings in New Delhi to be prepared in such form

•and manner and containing such particulars with respect to each land and building

•as may be prescribed by bye-laws.

(2)When the assessment list has been prepared the Chairperson shall give

•public notice thereof and of the place where the list or a copy th ereof may be

•inspected, and every person claiming to be the owner, lessee or occupier of any land

•or building included in the list and any authorised agent of such person, shall be at

•liberty to inspect the list and to take extracts therefrom free of charge.

(3)The Chairperson shall, at the same time, give public notice of a date, not

•less than one month thereafter, when he will proceed to consider the rateable values

•of lands and buildings entered in the assessment list; and in all cases in which any

•land or building is for the first time assessed, or the rateable value of any land or

•building is increased, he shall also give written notice thereof to the owner or to any

•lessee or occupier of the land or building.

(4)Any objection to a rateable value or any other matter as entered in the

•assessment list shall be made in writing to the Chairperson before the date fixed in the

•notice and shall state in what respect the rateable value, or other matter is disputed, and

•all objections so made shall be recorded in a register to be kept for the purpose.

(5)The objections shall be inquired into and investigated, and the persons

•making them shall be allowed an opportunity of being heard either in person or by

•authorised agent, by the Chairperson or by any officer of the Council authorised in

•this behalf by the Chairperson.

(6)When all objections have been disposed of, and the revision of the rateable

•value has been completed, the assessment list shall be authenticated by signature of

•the Chairperson or, as the case may be, the officer authorised by him in this behalf,

•who shall certify that except in the case, if any in which amendments have been

•made as shown therein, no valid objection has been made to the rateable value or

•any other matter entered in said list.

(7)The assessment list so authenticated shall be deposited in the office of the

•Council and shall be open, free of charge during office hours to all owners, lessees

•and occupiers of lands and buildings comprised therein or the authorised

•agents of such persons, and a public notice that it is so open shall forthwith be

published.

SECTION Section 963

Untitled Section

71.Subject to such alterations as may thereafter be made in the assessment list

•under section 72 and to the result of any appeal made under the provisions of this

•Act, the entries in the assessment list authenticated and deposited as provided in

SECTION Section 964

Untitled Section

•section 70 shall be accepted as conclusive evidence for the purpose of assessing any

•tax levied under this Act, of the rateable value of all lands and buildings to which

•such entries respectively relate.

SECTION Section 965

Untitled Section

72.(1) The Chairperson may, at any time, amend the assessment list—

(a)by inserting therein the name of any person whose name ought to be

•inserted; or

•263

(b)by inserting therein any land or building previously omitted; or

(c)by striking out the name of any person not liable for the payment of

•property tax; or

(d)by increasing or reducing for adequate reasons the amount of any

•rateable value and of the assessment thereupon; or

(e)by making or cancelling any entry exempting any land or building

•from liability to property tax; or

(f)by altering the assessment on the land or building which has been

•erroneously valued or assessed through fraud, mistake or accident; or

(g)by inserting or altering an entry in respect of any building erected,

•re-erected, altered or added to, after the preparation of the assessment list:

•Provided that no person shall by reason of any such amendment become liable

•to pay any tax or increase of tax in respect of any period prior to the commencement

•of the year in which the notice under sub-section (2) is given.

(2)Before making any amendment under sub-section (1) the Chairperson shall

•give to any person affected by the amendmen t, notice of not less than one month

•that he proposes to make the amendment and consider any objection which may be

•made by such person.

SECTION Section 966

Untitled Section

73.It shall be in the discretion of the Chairperson to prepare for the whole or

•any part of New Delhi, a new assessmen t list every year or to adopt the rateable

•value contained in the list for any year, with such alterations as may in particular

•cases be deemed necessary, as the rateable value for the year following, giving the

•same public notice as well as individual not ices, to persons affected by such

•alterations, of the rateable value as if a new assessment list had been prepared.

•* * * * *

SECTION Section 967

Untitled Section

77.(1) To enable him to determine the rateable value of any land or building

•and the person primarily liable for the paym ent of property tax leviable in respect

•thereof, the Chairperson may require the owner or occupier of such land or building,

•or of any portion thereof to furnish him within such reasonable period as the

•Chairperson fixes in this behalf, with information or with a written return signed by

•such owner or occupier—

(a)as to the name and place of residence of the owner or occupier, or of

•both the owner and occupier of such land or buildings;

(b)as to the measurements or dimensions of such land or building or of

•any portion thereof and the rent, if any, obtained for such land or building or

•any portion thereof; and

(c)as to the actual cost or other specified details connected with the

•determination of the value of such land or building.

(2)Every owner or occ upier on whom any such requisition is made shall be

•bound to comply with the same and to give true information or to make a true return

•to the best of his knowledge or belief.

(3)Whoever omits to comply with any such requisition or fails to give true

•information or to make a true return to the best of his knowledge or belief, shall, in

•addition to any penalty to which he may be liable, be precluded from objecting to

•any assessment made by the Chairperson in respect of such land or building of which

•he is the owner or occupier.

•Preparation of

•new assessment

list.

•Power of

•Chairperson to

•call for

•information and

•returns and to

•enter and inspect

premises.

•264

•Premises owned

•by, or let to two

•or more persons

•in severalty to be

•ordinarily

•assessed as one

property.

•Assessment in

•case of

•amalgamation of

premises.

•Power of

•Chairperson to

•assess separately

•outhouses and

•portions of

buildings.

•Tax on

advertisements.

SECTION Section 968

Untitled Section

78.Notwithstanding that any land or building is owned by, or let to, two or

•more persons in severalty, the Chairperson shall for the purpose of assessing such

•land or building to property tax treat the whole of it as one property:

•Provided that the Chairperson may, in respect of any land or building which

•was originally treated as one property but which subsequently passes on by transfer,

•succession or in any other manner to two or more persons who divide the same into

•several parts and occupy them in sever alty, treat, subject to any bye -law made in

•this behalf, each such several part, or two or more of such several parts together, as

•a separate property and assess such part or parts to property tax accordingly.

SECTION Section 969

Untitled Section

79.If any land or building, bearing two or more municipal numbers, or

•portions thereof, be amalgamated into one or more new premises, the Chairperson

•shall on such amalgamation assign to them one or more number and assess them to

•property tax accordingly:

•Provided that the total assessment on amalg amation shall not be greater than

•the sum of the previous assessments of the several premises except when there is

•any re-valuation of any of the said premises.

SECTION Section 97

Untitled Section

•Section 399,

•sub-section

(4)

•Dogs not to be at

•large in a street without

•being secured by a

•chain lead.

•1000/-

SECTION Section 970

Untitled Section

80.The Chairperson may in his discretion assess any outhouse appurtenant to

•a building, or any portion of a land or building separately from such building or as

•the case may be, from the rest of such land or building.

•* * * * *

•Tax on advertisements other than advertisements published in the

•newspapers

SECTION Section 971

Untitled Section

88.(1) Every person, who erects, exhibits, fixes or retains upon or over any

•land, building, wall, hoarding, frame, post or structure or upon or in any vehicle any

•advertisement or, who displays any advertisement to public view in any manner

•whatsoever, visible from a public street or public place (including any advertisement

•exhibited by means of cinematographs), shall pay for every advertisement which is

•so erected, exhibited, fixed or retained or so displayed to public view, a tax

•calculated at such rates not exceeding those specified in the Fourth Schedule as the

•Council may determine:

•Provided that no tax shall be levied under this section on any advertisement

•which—

(a)relates to a public meeting, or to an election to Parliament or the

•Legislative Assembly of Delhi; or

(b)is exhibited within the window of any building if the advertisement

•relates to the trade, profession or business carried on in that building; or

(c)relates to the trade, profession or business carried on within the land

•or building upon or over which such advertisement is exhibited or to any sale

•or letting of such land or building or any effects therein or to any sale,

•entertainment or meeting to be held on or upon or in the same; or

(d)relates to the name of the land or building upon or over which the

•advertisement is exhibited, or to the name of the owner or occupier of such

•land or building; or

•265

(e)relates to the business of a railway administration and is exhibited

•within any railway station or upon any wall or other property of a railway

•administration; or

(f)relates to any activity of the Central Government or the Government

•or the Council.

(2)The tax on any advertisement leviable under this section shall be payable

•in advance in such number of instalments and in such manner as may be determined

•by bye-law made in this behalf.

•Explanation 1.—The word “structure” in this section includes any movable

•board on wheels used as an advertisement or an advertisement medium.

•Explanation 2.—The word “advertisement” in relation to a tax on

•advertisement under this Act means any word, letter, model, sign, placard, notice,

•device or representation, whether illuminated or not, in the nature of and employed

•wholly or in part for the purposes of advertisement, announcement or direction.

•* * * * *

•Payment and recovery of taxes

SECTION Section 972

Untitled Section

98.Save as otherwise provided in this Act, any tax levied under this Act shall

•be payable on such dates, in such number of instalments and in such manner as may

•be determined by bye-laws made in this behalf.

SECTION Section 973

Untitled Section

99.(1) When any tax has become due, the Chairperson shall cause to be

•presented to the person liable for the payment thereof, a bill for the amount due:

•Provided that no such bill shall be necessary in the case of—

(a)a tax on vehicles and animals;

(b)a theatre-tax; and

(c)a tax on advertisements.

•* * * * *

•101(1) * * * * *

(2)When the person liable for the payment of any tax is deemed to be in

•default under sub -section ( 1), such sum not exceeding twenty per cent. of the

•amount of the tax as may be determined by the Chairperson, may be recovered from

•him by way of penalty, in addition to the amount of the tax and the notice fee,

•payable under sub-section (2) of section 100.

•* * * * *

110.(1) If any building together with land appu rtenant thereto has remained

•vacant and unproductive of rent for sixty or more consecutive days, the Chairperson

•shall remit or refund, as the case may be, two-thirds of such portion of the property

•tax assessed on the rateable value thereof, as may be proportionate to the number of

•days during which the said building together with the land appurtenant thereto has

•remained vacant and unproductive of rent.

•Time and

•manner of

•payment of

taxes.

•Presentation of

bill.

•Penalty in case

•of default of

•payment of

taxes.

•Remission or

•refund of tax.

•266

•Power to require

•entry in

•assessment list

•of details of

buildings.

•Notice to be

•given of the

•circumstances in

•which remission

•or refund is

claimed.

•What buildings

•are to be deemed

vacant.

•Notice to be

•given of every

•occupation of

•vacant land or

building.

•Conditions of

•right to appeal.

•Payment of

•proceeds of

•entertainment

•and betting taxes

•to Council.

(2)If any land, not being land appurtenant to a building, has remained vacant

•and unproductive of rent for sixty or more consecutive days, the Chairperson shall

•remit or refund, as the case may be, one half of such portion of the property tax

•assessed on the rateable value thereof, as may be, proportionate to the number of

•days during which the said land has remained vacant and unproductive of rent.

111.(1) For the purpose of obtaining a partial remission or refund of tax, the

•owner of a building composed of separate tenements may request the Chairperson,

•at the time of the assessment of the building, to enter in the assessment list, in

•addition to the rateable value of the whole building, a note regarding any detail of

•the rateable value of each separate tenement.

(2)When any tenement, the rateable value of which has been thus separately

•recorded has remained vacant and unproductive of rent for sixty or more consecutive

•days, such portion of any tax assessed on the rateable value of the whole building

•shall be remitted or refunded as would have been remitted or refunded if the

•tenement had been separately assessed.

SECTION Section 974

Untitled Section

112.No remission or refund under section 110 or section 111 shall be made

•unless notice in writing of the fact that land, building or tenement has become vacant

•and unproductive of rent has been given to the Chairperson, and no remission or

•refund shall take effect in respect of any period commencing more than fifteen days

•before delivery of such notice.

SECTION Section 975

Untitled Section

113.(1) For the purposes of sections 11 0 and 111 no land, building or

•tenement shall be deemed vacant if maintained as a pleasure resort or town or

•country house or be deemed unproductive of rent if let to a tenant who has a

•continuing right of occupation thereof, whether he is in actual occupation or not.

(2)The burden of proving the facts entitling any person to claim relief under

•sections 109, 110 or section 111, shall be upon him.

SECTION Section 976

Untitled Section

114.The owner of any land, building or tenement in respect of which a

•remission or refund of tax has been giv en under section 110 or section 111, shall

•give notice of the re -occupation of such land, building or tenement within fifteen

•days of such re-occupation.

•* * * * *

SECTION Section 977

Untitled Section

116.No appeal shall be heard or determined under section 115 unless—

(a)the appeal is, in the case of a property tax, brought within thirty days

•next after the date of authentication of the assessment list under section 70

•(exclusive of the time requisite for obtaining a copy of the relevant entries

•therein) or, as the case may be, within thirty days of the date on which an

•amendment is finally made under section 72 and, in the case of any other tax,

•within thirty days next after the date of the receipt of the notice of assessment

•or of alteration of assessment or, if no notice has been given, within thirty days

•after the date of the presentation of the first bill or, as the case may be, the first

•notice of demand in respect thereof;

•* * * * *

•Taxes on entertainment and betting

125.The proceeds of the entertainment and betting taxes collected in New

•Delhi under the provisions of the U. P. Entertainment and Betting Tax Act, 1937, as

•extended to the National Capital Territory of Delhi (which shall form part of the

•Consolidated Fund of the National Capital Territory of Delhi)

U.P. Act 18 of

SECTION Section 978

Untitled Section

1937.

•267

•reduced by the cost of collection as determined by the Government shall, if the

•Legislative Assembly of the National Capital Territory of Delhi by appropriation

•made by law in this behalf so provides, be paid to the Council for the performance

•of its functions under this Act.

•* * * * *

152.(1) If it appears to the Chairperson that any premises in New Delhi are

•without supply of wholesome water for domestic purposes or that the existing

•supply of water for domestic purposes available for the persons usually occupying

•or employed in such premises is ina dequate or on any sanitary grounds

•objectionable, the Chairperson may by notice in writing require the owner of the

•premises or the persons primarily liable for the payment of the property tax in

•respect of the same—

(a)to take a connection from the muni cipal water works adequate for

•the requirements of the persons occupying or employed in the premises, or to

•take such additional or enlarged connection or connections from the municipal

•water works; and

(b)to provide, supply pipes and water fittings, install and work a pump

•and do all such works and take all such measures as may, in the opinion of the

•Chairperson be necessary for the above purposes.

(2)The Chairperson may in the notice issued under sub-section (1) specify—

(a)the size, material and quality of the pipes and water fittings to be

•provided;

(b)the position of the pipes and water fittings to be provided;

(c)the means of access for the inspection of the pipes and water fittings;

(d)the type of pump that should be installed and the period or periods of

•the day for which it should be kept working;

(e)the period within which any or all the requisitions specified in the

•notice should be carried out.

153.It shall not be lawful for the owner of any premises which may be newly

•constructed or reconstructed within any portion of New Delhi to occupy it or cause

•or permit it to be occupied until he has obtained a certificate from the Chairperson

•that there is provided within, or within a reasonable distance of, th e premises such

•supply of wholesome water as appears to the Chairperson to be adequate for the

•persons who may occupy, or be employed in, such premises for their domestic

purposes.

•* * * * *

176.(1) It shall not be lawful to erect or to re-erect any premises in New Delhi

•or to occupy any such premises unless—

(a)a drain be constructed of such size, materials and description, at such

•level and with such fall as shall appear to the Chairperson to be necessary for

•the effectual drainage of such premises;

(b)there have been provided and set up on such premises such

•appliances and fittings as may appear to the Chairperson to be necessary for

•Power to require

•water supply to

•be taken.

•New premises

•not to be

•occupied

•without

•arrangement for

•water supply.

•New premises

•not to be erected

•without drains.

•268

•Use of drain by a

•person other

•than the owner.

•Sewage and rain

•water drains to

•be distinct.

•Power of

•Chairperson to

•require owner to

•carry out certain

•works for

•satisfactory

drainage.

•Work to be done

•by licensed

plumber.

•the purposes of gathering or receiving the filth and other polluted and

•obnoxious matter from, and conveying the same off, the said premises and of

•effectually flushing the drain of the said premises and every fixture connected

therewith.

(2)The drain so constructed shall empty into a municipal drain situated at a

•distance of not exceeding thirty meters from the premises; but if no municipal drain

•is situated within that distance then such drain shall empty into a cesspool situated

•within that distance to be specified by the Chairperson for the purpose.

•* * * * *

SECTION Section 979

Untitled Section

179.(1) Where the Chairperson either on receipt of an application from the

•owner of any premises or otherwise is of the opinion that the only, or the most

•convenient means of effectual drainage of the premises into a municipal drain is

•through a drain belonging to another person, the Chairpe rson may by notice in

•writing require the owner of such drain to show cause within a period specified in

•the notice as to why an order under this section should not be made.

(2)Where no cause is shown within the specified period or the cause shown

•appears to the Chairperson invalid or insufficient, the Chairperson may by order in

•writing either authorise the owner of the premises to use the drain or declare him to

•be a joint owner thereof.

(3)An order made under sub-section (2) may contain directions as to—

(a)the payment of rent or compensation by the owner of the premises;

(b)the construction of a drain for the premises for the purpose of

•connecting it with the aforesaid drain;

(c)the entry upon the land in which the aforesaid drain is situate with

•assistants and workmen at all reasonable hours;

(d)the respective responsibilities of the parties for maintaining,

•repairing, flushing, cleaning and emptying the aforesaid drain.

SECTION Section 98

Untitled Section

•Section 399,

•sub-section

(5)

•Ferocious dogs at

•large without being

•muzzled, etc.

•1000/-

SECTION Section 980

Untitled Section

180.Whenever it is provided in this Chapter that steps shall or may be taken

•for the effectual drainage of any premises, it shall be competent to the Chairperson

•to require that there shall be one drain for filth and polluted water and an entirely

•distinct drain for rain water and unpolluted sub -soil water or both rain water and

•unpolluted sub-soil water, each emptying into separate municipal drains or other

•suitable places.

SECTION Section 981

Untitled Section

181.For the purpose of efficient drainage of any premises, the Chairperson

•may, by notice in writing—

(a)require any cour tyard, alley or passage between two or more

•buildings to be paved by the owner or owners of such buildings with such

•materials and in such manner as may be approved by the Chairperson; and

(b)require such paving to be kept in proper repair.

•* * * * *

193.(1) * * * * *

(6)No licensed plumber shall, for any work referred to in sub -section (5),

•demand or receive more than the charges prescribed therefor, under that sub-section.

•* * * * *

•269

•16 of 1908.

SECTION Section 982

Untitled Section

209.(1) * * * * *

(3)No person shall construct or reconstruct any building or a portion thereof

•or any boundary wall or other structure whatsoever within the regular line of a street

•except with the written permission of the Chairperson:

•Provided that if within sixty days a fter the receipt of application from any

•person for permission to construct or reconstruct a boundary wall or portion thereof,

•the Chairperson fails to take steps to acquire the land within the regular line of the

•street in the accordance with section 212, then that person may, subject to any other

•provisions of this Act and the bye-laws made thereunder, proceed with the work of

•construction or reconstruction of such boundary wall or portion thereof.

(4)When the Chairperson grants permission for the const ruction or

•reconstruction of any building or any boundary wall or other structure within the

•regular line of a street, he may require the owner of the building to execute an

•agreement binding himself and his successors-in-interest not to claim compensation

•in the event of the Chairperson at any time thereafter calling upon him or any of his

•successors by written notice to remove any work carried out in pursuance of such

•permission and to pay the expenses of such removal if, in default, such removal is

•carried out by the Chairperson and may for that purpose require such owner to

•deposit in the New Delhi Municipal Fund such sum as may be determined by him.

(5)The Chairperson shall maintain—

(a)a register containing such particulars as may be specified by h im in

•this behalf with plans attached thereto showing all public streets in respect of

•which the regular line of the street has been defined or redefined and

•containing any other particulars which the Chairperson may deem necessary;

(b)a register of all agreements executed under sub-section (4) and of all

•deposits made thereunder.

(6)All such registers shall be open to inspection by any person on payment of

•such fee as may be prescribed by the Chairperson with the sanction of Council.

(7)Any agreement entered into in pursuance of sub -section (4) shall be in

•writing, shall be registered under the Registration Act, 1908, and shall be deemed

•to be an agreement in respect of the land to which it relates and any condition

•contained in such agreement shall b e deemed to be an obligation annexed to the

•ownership of the said land and enforceable against the successors-in-interest of the

•owner of such land.

•* * * * *

SECTION Section 983

Untitled Section

213.(1) * * * * *

(2)Such surplus land may thereafter, be utilised for the purp ose of setting

•forward a building under section 214.

SECTION Section 984

Untitled Section

214.The Chairperson may, upon such terms as he thinks fit, allow any

•building to be set forward for the purpose of improving the regular line of a public

•street and may, with the approval of the Council, by notice require any building to

•be set forward in the case of reconstruction thereof or of a new construction.

•* * * * *

•Defining the

•regular line of

streets.

•Acquisition of

•the remaining

•part of a

•building and

•land after their

•portions within a

•regular line of

•street have been

acquired.

•Setting forward

•of buildings to

•the regular line

•of street.

•270

•Prohibition of

•projections upon

•streets, etc.

•Projections over

•streets may be

•permitted in

•certain cases.

•Prohibition of

•removal, etc., of

lamps.

•Sanction or

•refusal of

•building or

work.

•Encroachments on streets

SECTION Section 985

Untitled Section

221.(1) Except as provided in section 222, no person shall erect, set up, add

•to, or place against or in front of any premises any structure or fixture which will—

•* * * * *

SECTION Section 986

Untitled Section

222.(1) The Chairperson may give a written permission, on such terms and

•on payment of such fee as he in each case thinks fit, to the owner or occupier of the

•building abutting on any street—

(i)to erect an arcade over such street or any portion thereof; or

•(ii) to put up a verandah, balcony, arch, connecting passage, sun-shade,

•weather frame, canopy, owning or other such stru cture or thing projecting

•from any storey over or across any street or portion thereof: Provided that no

•permission shall be given by the Chairperson for the erection of an arcade in

•any public street in which construction of an arcade has not been general ly

•sanctioned by the Council.

(2)The Chairperson may at any time by notice require the owner or occupier

•of any building to remove a verandah, balcony, sun-shade, weather frame or the like

•put up in accordance with the provisions of any law and such owner or occupier

•shall be bound to take action accordingly but shall be entitled to compensation for

•the loss caused to him by such removal and the cost incurred thereon.

•* * * * *

SECTION Section 987

Untitled Section

234.(1) No person shall, without lawful authority, take away or wilful ly or

•negligently break or throw down or damage—

(a)any lamp or any appurtenance of any lamp or lamp post or lamp iron

•set up; in any public street or any public place;

(b)any electric wire for lighting such lamp;

(c)any post, pole, standard, stay, strut, bracket or other contrivance for

•carrying, suspending or supporting any electric wire or lamp.

(2)No person shall wilfully or negligently extinguish the light of any lamp set

•up in any public street or any public place.

(3)If any person wilfully or through negligence or accident breaks, or causes

•any damage to any of the things described in sub-section (1), he shall in addition to

•any penalty to which he may be subjected under this Act, pay the expenses of

•repairing the damage so done by him.

•* * * * *

SECTION Section 988

Untitled Section

241.(1) The Chairperson shall sanction the erection of a building or the

•execution of a work unless such building or work would contravene any of the

•provisions of sub-section (2) of this section or the provisions of section 245.

•* * * * *

(3)The Chairperson shall communicate the sanction to the person who has

•given the notice; and where he refuses sanction on any of the grounds specified in

•sub-section (2) or under section 245 he shall record a brief statement of his reasons

•for such refusal and the Chairperson shall communicate the refusal along with the

•reasons therefor to the person who has given the notice.

•* * * * *

•271

254.(1) Any person aggrieved by any of the following orders made or notices

•issued under this Act, may prefer an appeal against such order or notice to the

•Appellate Tribunal, namely:—

•* * * * *

(i)an order requiring the rounding off, splaying or cutting off the height

•of a building intended to be erected, or for the acquisition of any portion of a

•site, under section 244;

(j)an order disallowing the erection of any building or the execution of

•any work under section 245;

•* * * * *

265.(1) * * * * *

(3)In such portion of New Delhi and in any premises where situate in which

•there is a latrine or urinal connected with a municipal drain, it shall not be lawful,

•except with the written permission of the Chairperson, for any person wh o is not

•employed by or on behalf of the Chairperson to discharge any of the duties of

scavengers.

•* * * * *

267.(1) * * * * *

(3)No person shall, after due provision has been made in this respect under

•the foregoing provisions of this Chapter for the deposit and removal of the same—

(a)deposit any rubbish, filth and other polluted and obnoxious matter in

•any street or on the verandah of any building or on any unoccupied ground

•alongside any street or on the bank of a water course; or

(b)deposit any filth or other polluted and obnoxious matter in any

•dustbin or in any vehicle not intended for the removal of the same; or

(c)deposit rubbish in any vehicle or vessel intended for the removal of

•filth and other polluted and obnoxious matter.

•* * * * *

•Latrines and urinals

271.(1) It shall not be lawful to construct any latrine or urinal for any premises

•except with the written permission of the Chairperson and in accordance with such

•terms not inconsistent with the provisions of this Act or any bye -laws made

•thereunder as he may prescribe.

(2)In prescribing any such terms the Chairperson may determine in such

•case—

(a)whether the premises shall be served by the service system or by the

•flush system or partly by the one and partly by the other; and

(b)what shall be the site or position of each latrine or urinal.

(3)If any latrine or urinal is constructed on any premises in contravention of

•the foregoing provisions, the Chairperson may, after giving not less than ten days‟

•notice to the owner or occupier of such premises, alter, reconstruct, close or

•demolish such latrine or urinal and the expenditure incurred by the Chairperson in

•so doing shall be recoverable from the owner or occupier as an arrear of tax under

•this Act.

•Appeals against

•certain orders or

•notices issued

•under the Act.

•Collection and

•removal of filth

•and polluted

matter.

•Prohibition

•against

•accumulation of

•rubbish, etc.

•Construction of

•latrines and

urinals.

•272

•Latrines and

•urinals, etc., in

•new buildings.

•Other provisions

•as to private

latrines.

•Insanitary huts

•and sheds.

SECTION Section 989

Untitled Section

272.(1) It shall not be lawful to erect any building or execute any work on or

•in relation to such building without providing such latrine accommodation and

•urinal accommodation and accommodation for bathing or for washing clothes and

•utensils on each floor of such building as the Chairperson may prescribe.

(2)In prescribing any such accommodation, the Chairperson may determine

•in each case—

(a)that such building shall be served by the flush system only;

(b)what shall be the site or position of each latrine, urinal, bathing or

•washing place or site and their number on each floor and their clear internal

dimensions.

(3)It shall not be lawful to erect a residential building composed of separate

•tenements on the flat system without providing at least one latrine and one bathing

•or washing place for servants on the ground floor of such building or at any other

•suitable place in the same premises.

(4)In this section, the expression “to erect a building” has the same meaning

•as in section 236.

•* * * * *

SECTION Section 99

Untitled Section

•Section 403 Failure to comply

•with requisition to

•render buildings, wells,

etc., safe.

•1000/-

SECTION Section 990

Untitled Section

275.The Chairperson may, by written notice—

(a)require the owner or other person having the control of any private

•latrine or urinal not to put the same to public use; or

(b)require the owner or other person having the control of such private

•latrine or urinal which in the opinion of the Chairperson constitutes a nuisance,

•to remove the latrine or the urinal; or

(c)require any person having the control whether as owner, le ssee or

•occupier of any land or building—

(i)to have any latrine provided for the same shut out by a sufficient

•roof, wall or fence from the view of persons passing by or dwelling in

•the neighbourhood; or

•(ii) to clean in such manner as the Chairperson may prescribe in

•the notice any latrine or urinal belonging to the land or building; or

(d)where any premises intended or used for human habitation are

•without any latrine or urinal accommodation or are provided with insufficient

•latrine or urinal accommodation, require the owner, lessee or occupier of such

•premises to provide such or such additional latrine or urinal accommodation

•as he may prescribe, if necessary by causing any part of such premises to be

•vacated and demolished in accordance with bye-laws made in this behalf.

•* * * * *

SECTION Section 991

Untitled Section

280.Where the Chairperson upon any information in his possession is

•satisfied that any hut or shed used as a dwelling house or as a stable or for any other

•purpose, is likely, by reason of its being constructed without a plinth or upon a plinth

•of insufficient height or without proper means of drainage or on account of the

•impracticability of scavenging and cleansing it or owing to the manner in which it

•and other huts or sheds are crowded together, to cause risk of disease to the inmates

•thereof or to the inhabitants of the neighbourhood, or is for any reason likely to

•endanger public health or safety, he may by notice in writing require the owner or

•occupier of the hut or shed or the owner or occupier of the land on which the hut or

•shed stands to remove or alter the hut or shed or carry out such improvement thereof

•as the Chairperson may deem necessary within such time as may be specified in the

notice.

•273

•Regulation of washing by washermen

SECTION Section 992

Untitled Section

281.(1) The Chairperson may by public notice prohibit the washing of clothes

•by washermen in the exercise of their callings except at such places as he may

•appoint for the purpose.

(2)When any such prohibition has been made, no person who is by calling a

•washerman shall in contravention of such prohibition wash clothes except for

•himself or for personal and family service or for hire on or within the premises of

•the hirer, at any place other than a place appointed under sub-section (1).

•* * * * *

SECTION Section 993

Untitled Section

284.Where the Chairperson is of opinion that the cleansing and disinfection

•of any building or part of a building or of any articles in such building or part which

•are likely to retain infection, or the renewal of flooring of any building or part of

•such building, and the renewal of plastering of the walls thereof, would tend to

•prevent or check the spread of any dangerous disease; he may, by notice in writing,

•require the owner or occupier to cleanse and disinfect the said building, part or

SECTION Section 994

Untitled Section

•articles, as the case may be, or to renew the said flooring and if necessary, the said

•plastering also within such time as may be specified in the notice:

•Provided that where in the opinion of the Chairperson the owner or occupier

•is from poverty or any other cause unable e ffectually to carry out any such

•requisition, the Chairperson may at the expense of the New Delhi Municipal Fund

•cleanse and disinfect the building, part or articles, or, as the case may be, renew the

•flooring and if necessary, the plastering also.

SECTION Section 995

Untitled Section

285.(1) Where the destruction of any hut or shed is in the opinion of the

•Chairperson necessary to prevent the spread of any dangerous disease, the

•Chairperson may by notice in writing require the owner to destroy the hut or shed

•and the materials thereof within such time as may be specified in the notice.

(2)Where the Chairperson is satisfied that the destruction of any hut or shed

•is immediately necessary for the purpose of preventing the spread of any dangerous

•disease, he may order the owner or occupier of the hut or shed to destroy the same

•forthwith or may himself cause it to be destroyed after giving not less than six hours‟

•notice to the owner or occupier.

(3)Compensation may be paid by the Chairperson, in any case which he thinks

•fit, to any person who sustains substantial loss by the destruction of any such hut or shed,

•but, except as so allowed by the Chairperson, no claim for compensation shall lie for

•any loss or damage caused by any exercise of the power conferred by this section.

•* * * * *

SECTION Section 996

Untitled Section

288.(1) A person shall not send or take to any washerman or to any laundry

•or place set apart for the exercise by washerman of their calling, for the purpose of

•being washed or to any place for the purpose of being cleansed, any cloth or other

SECTION Section 997

Untitled Section

•article which he knows to have been exposed to infection from a dangerous disease

•unless that cloth or article has been disinfected by or to the satisfaction of the officer

•authorised in this behalf.

(2)The occupier of any building in which a person is suffe ring from a

•dangerous disease shall, if required by the officer authorised by the

•Chairperson, furnish to him the address of any washerman to whom or any laundry

•or other place to which clothes and other articles from the building have been, or

•will be, sent during the continuance of the disease, for the purpose of being washed

•or cleaned.

•Prohibition

•against washing

•by washerman.

•Disinfection of

•buildings and

SECTION Section 998

Untitled Section

articles.

•Destruction of

•infectious huts

•or sheds.

•Infected clothes

•not to be sent to

•washerman or to

laundry.

•274

•Contamination

•and disinfection

•of public

conveyance.

•Disinfection of

•buildings before

•letting the same.

•Prohibition of

•making or

•selling of food,

etc., or washing

•of clothes by

•infected persons

•Duty of persons

•suffering from

•dangerous

disease.

•.

SECTION Section 999

Untitled Section

289.(1) Whoever—

(a)uses a public conveyance while suffering from a dangerous disease; or

(b)uses a public conveyance for the carriage of a person who is suffering

•from any dangerous disease; or

(c)uses a public conveyance for the carriage of the corpse of a person

•who has died from any such disease, shall be bound to take proper precautions

•against the communication of the disease to other persons using or who may

•thereafter use the conveyance and to notify such use to the owner, driver, or

•person in charge of the conveyance, and further report without delay to the

•Chairperson the number of th e conveyance and the name of the person so

notified.

(2)Where any person suffering from, or the corpse of any person who has died

•from, a dangerous disease has been carried in public conveyance which ordinarily

•plies in New Delhi or any part thereof, the driver thereof shall forthwith report the

•fact to the Chairperson who shall forthwith cause the conveyance to be disinfected

•if that has not already been done.

(3)No such conveyance shall be again brought into use until the officer

•authorised by the Chairperson has granted a certificate stating that it can be used

•without causing risk of infection.

(4)Whoever fails to make to the Chairperson any report which he is required

•to make under this section shall be guilty of an offence.

•* * * * *