JAN VISHWAS AMENDMENT OF PROVISIONS BILL 2026

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jftLVªh lañ Mhñ ,yñ—¼,u½04@0007@2003—26 REGISTERED NO. DL—(N)04/0007/2003—26 सी.जी.-डी.xएxलx.G-अI.D-2H7x0x3x2026-271336 CG-DL-E-27032026-271336 xxxGIDExxx vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 2 PART II — Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 10] ubZ fnYyh] 'kqØokj] ekpZ 27] 2026@pS= 6] 1948 ¼'kd½ No. 10] NEW DELHI, FRIDAY, MARCH 27, 2026/CHAITRA 6, 1948 (Saka) bl Hkkx esa...

LOK SABHA ___________ The following Bill was intrLoOduKc eSdA inB HLoAk Sabha on 27th March, 2026:- ———— The following Bill was introduced in Lok Sabha on 27th March, 2026:— BILL No. 104 OF 2026 Bill No. 104 of 2026 A Bill to amend certain enactments for decriminalising and rationalising offences to furtherenhancetrust-based governance for ease of living anddoing business.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic of

India as follows:—

1. (1) This Act may be called the Jan Vishwas (Amendment of Provisions) Short title and Act, 2026. commencement.

5 (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.2 THE GAZETTE OF IND2I A EXTRAORDINARY [Part II— Amendment of 2. The enactments mentioned in column (4) of the Schedule are hereby certain amended to the extent and in the manner mentioned in column (5) thereof.

enactments.

Revision of fines 3.The fines and penalties provided under various provisions in the enactments and penalties. 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 5

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. 10 Savings. 4.The amendment or repeal by this Act of any enactment shall not affect any other enactment in which the amended or repealed enactment has been applied, incorporated or referred to;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 15 acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of, or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, 20 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, 25 exemption, usage, practice, procedure or other matter or thing not now existing or in force.

Power to remove 5. (1) If any difficulty arises in giving effect to the provisions of different difficulties. enactments mentioned in the Schedule as amended by this Act, the Central Government may, by order published in the Official Gazette, make such provisions, 30 not inconsistent with the provisions 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 35 made, be laid before each House of Parliament.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 THE SCHEDULE (Seesection 2) Sl. Year No. Short title Amendments No.

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

1. 1870 7 The Court- (A) In section 34, for sub-section (3), the following fees Act, sub-section shall be substituted, namely:–– 1870 “(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 officerfor holding an inquiry and imposing

penalties:

Provided that the Administrator of the Union territory concerned may appoint as many adjudicatingofficers 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 the 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.

34 THE GAZETTE OF IND4I A EXTRAORDINARY [Part II—

(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.”.

2. 1871 1 The Cattle- (A) For section 3, the following section shall be trespass Act, substituted, namely:— 1871 ‘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 Union 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 police” 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.Sec. 2] THE GAZETTE OF IND5I A EXTRAORDINARY 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 THE GAZETTE OF IND6I A EXTRAORDINARY [Part II—

(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 exceedingfive thousand rupees and such penalty” shall be substituted.Sec. 2] THE GAZETTE OF IND7I A EXTRAORDINARY 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 casemay 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 THE GAZETTE OF IND8I A EXTRAORDINARY [Part II—

(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 the Central Government.”.

(Q) In CHAPTER VII, for the Chapter heading “SUITS FOR COMPENSATION”, the heading “APPLICATION 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

(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, bothSec. 2] THE GAZETTE OF IND9I A EXTRAORDINARY 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.”.

3. 1882 15 The (A) In section 68, for the words “shall, on conviction Presidency before a Presidency Magistrate, be liable to be punished Small Cause with fine which may extend to five hundred rupees and Courts Act, with imprisonment for a term which may extend to three 1882 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 following 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 THE GAZETTE OF IN1D0I A EXTRAORDINARY [Part II—

(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 contained 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 consistent 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:—Sec. 2] THE GAZETTE OF IN1D1I A EXTRAORDINARY 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.”.

4. 1898 9 The (A) After section 3A, the following section shall be Live-stock inserted, namely:— Importation “3B. Laying of notification before both Houses of Act, 1898 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.

5. 1903 7 The Works For section 36, the following sections shall be of Defence substituted, namely:— Act, 1903 “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 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 condition 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 THE GAZETTE OF IN1D2I A EXTRAORDINARY [Part II—

(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 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.”.

6. 1925 39 The Indian (A) In section 296, in sub-section (2), for the words Succession “one thousand rupees, or with imprisonment for a term Act, 1925 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.Sec. 2] THE GAZETTE OF IN1D3I A EXTRAORDINARY 13

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

7. 1934 2 The Reserve (A) In section 58B,–– Bank of

(i) in the marginal heading, for the word India Act, “Penalties”, the word “Offences” shall be substituted;

1934

(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.

8. 1940 23 The Drugs (A) In section 27A, in clause (ii), for the words “shall and be punishable with imprisonment for a term which may Cosmetics extend to one year or with fine which may extend to Act, 1940 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.

(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 adjudicating 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 THE GAZETTE OF IN1D4I A EXTRAORDINARY [Part II—

(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 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) In section 32B, in sub-section (1), for the words, brackets, figures and letters “clause (ii) of section 27A,

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 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 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

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 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 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 higher;Sec. 2] THE GAZETTE OF IN1D5I A EXTRAORDINARY 15

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

(ii) under clause (b) of sub-section (2) of

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.

9. 1948 8 The (A)In section 26A, in sub-section (4), for the words, Pharmacy figures and brackets “section 21 of the Indian Penal Act, 1948 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.

10. 1948 9 The Dock (A) In section 3, for sub-section (3), the following Workers sub-section shall be substituted, namely:— (Regulation “(3) A scheme may further provide that of contravention of any provision thereof shall be Employment) subject to a penalty, which shall not exceed,–– Act, 1948

(a) five thousand rupees in respect of first contravention; and16 THE GAZETTE OF IN1D6I A EXTRAORDINARY [Part II—

(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 3, in such manner as may be prescribed by

rules:

Provided 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 the Chairman, Calcutta Dock Labour Board, who shall be the appellate authority, in such form and manner as may be prescribed as may be prescribed by rules.

(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.

(D) In section 8, in sub-section (2), after clause (g), the following clauses shall be inserted, namely:— “(ga) the manner of holding an inquiry and imposing penalties under sub-section (1) of

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 3A.”;Sec. 2] THE GAZETTE OF IN1D7I A EXTRAORDINARY 17

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

11. 1948 14 The (A) Sections 18 and 19 shall be omitted.

Damodar

(B) For section 53, the following section shall be Valley substituted, namely:–– Corporation Act, 1948 “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 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 for 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.

12. 1948 46 The Coal (A) For section 9, the following sections shall be Mines substituted, namely:–– Provident “9. Penalty.––(1) If any person contravenes or fails Fund and to comply with any provision of this Act or of any Miscellaneous scheme framed thereunder, he shall be liable to Provisions penalty which shall not be less than five thousand Act, 1948 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 THE GAZETTE OF IN1D8I A EXTRAORDINARY [Part II—

(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 further 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 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 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 rules may provide for all or any of the following matters,

namely:—

(a) the manner of holding an inquiry and imposing penalties under section 9A;Sec. 2] THE GAZETTE OF IN1D9I A EXTRAORDINARY 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 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 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 modification or annulment shall be without prejudice to the validity of anything previously done under that rule.”.

13. 1948 61 The Central (A) In section 13, in sub-section (2), after Silk Board clause (xvc), the following clauses shall be inserted, Act, 1948 namely:–– “(xvca) the manner of holding an inquiry and imposing penalties under sub-section (1) of

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 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 may 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 sections shall be substituted, namely:–– “14A. Penalty for Contravention of section 8C or 8E.–– If any person contravenes the provisions of

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 THE GAZETTE OF IN2D0I A EXTRAORDINARY [Part II—

(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 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.

14. 1950 64 The Road In section 46, for the words “shall be punishable Transport with fine which may extend to five hundred rupees, Corporations and when the breach is a continuing one, with a Act, 1950 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 first contravention, during which the breach continues” shall be substituted.Sec. 2] THE GAZETTE OF IN2D1I A EXTRAORDINARY 21

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

15. 1952 30 The (A) In section 20, for the words “punishable with Requisitioning fine”, the words “liable to penalty” shall be substituted. and

(B) After section 20, the following sections shall be Acquisition of inserted, namely:— Immovable “20A. Adjudication of penalties.––For the purpose Property of adjudicating penalties under section 20, the Central Act, 1952 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 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.

20B. Appeal.––(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 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 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 THE GAZETTE OF IN2D2I A EXTRAORDINARY [Part II—

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

16. 1952 62 The Reserve (A) In section 30,–– and Auxiliary

(i) in sub-section (1), for the words “punishable Air Forces with fine which may extend to five hundred rupees”, Act, 1952 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 penalties.––(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 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.

(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.

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

(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 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 30A;”;

(ii) sub-section (3) shall be omitted.

17. 1953 29 The Tea Act, (A) In section 37, for the words “punishable with fine 1953 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.

18. 1953 45 The Coir Sections 20, 21 and 22 shall be omitted.

Industry Act, 1953

19. 1954 27 The Delivery (A) For section 5, the following sections shall be of Books and substituted, namely:–– Newspapers “5. Penalties.—(1) Any publisher, including a (Public publishing house, a publishing agency or individual, Libraries) Act, who contravenes any provision of this Act or of any 1954 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 the 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 THE GAZETTE OF IN2D4I A EXTRAORDINARY [Part II—

(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 consider

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 may be prescribed.

(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.

20. 1956 31 The Life (A) In section 4D,— Insurance

(i) in sub-section (2), for the words “on a director Corporation or employee”, the words “on any person” shall be Act, 1956 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.Sec. 2] THE GAZETTE OF IN2D5I A EXTRAORDINARY 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.

21. 1956 48 The National For section 8B, the following section shall be Highways substituted, namely:— Act, 1956 “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 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 Highways (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 expenses 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.”.

22. 1956 96 The Slum (A) In section 32,–– Areas

(i) in sub-section (1), for the words “punishable (Improvement with imprisonment for a term which may extend to and three months, or with fine which may extend to one Clearance) thousand rupees, or with both”, the words “liable to Act, 1956 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 THE GAZETTE OF IN2D6I A EXTRAORDINARY [Part II—

(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 any 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 performing 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 purposesof 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.Sec. 2] THE GAZETTE OF IN2D7I A EXTRAORDINARY 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.

(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 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 32A;

(eeeeeeb) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (2) of

section 32A;”.

23. 1957 14 The Copyright Section 67 shall be omitted.

Act, 1957

24. 1957 20 The Coal In section 23,–– Bearing Areas (Acquisition (i) in the marginal heading, for the word “Penalties”, the word “Punishments” shall be and substituted;

Development) Act, 1957

(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 order 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.

25. 1957 61 The Delhi (A) In section 29,— Development Act, 195728 THE GAZETTE OF IN2D8I A EXTRAORDINARY [Part II—

(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 obstructs 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).Sec. 2] THE GAZETTE OF IN2D9I A EXTRAORDINARY 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 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 to be the appellate authority, in such form and manner as may be prescribed.

(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 THE GAZETTE OF IN3D0I A EXTRAORDINARY [Part II—

(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 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 31AA;”.

26. 1957 66 The Delhi (A) In section 123D,— Municipal

(i) after clause (a), the following proviso shall be Corporation inserted, namely:— Act, 1957 “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:—Sec. 2] THE GAZETTE OF IN3D1I A EXTRAORDINARY 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 if 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

(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 THE GAZETTE OF IN3D2I A EXTRAORDINARY [Part II—

(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 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 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.Sec. 2] THE GAZETTE OF IN3D3I A EXTRAORDINARY 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 lawfully 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 section 353,

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 the34 THE GAZETTE OF IN3D4I A EXTRAORDINARY [Part II—

(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, either 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 authorised 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 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.”.Sec. 2] THE GAZETTE OF IN3D5I A EXTRAORDINARY 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, Subject Penalty sub-section, (in clause or Rupees) proviso

(1) (2) (3)

Section 129 Failure to give 500/- notice of erection of new building, etc.

Section 143 Prohibition of 5000/- advertisement without permission.

Section 314, Failure to comply 200/- sub-section with requisition to

(1), clauses show cause for

(a) and (b) alteration of street or for appearance before the Commissioner.

Section 315, Failure to comply 100/- sub-section with requisition on

(1) owner of private street or owner of adjoining land or building to level, etc., such street.

Section 317, Prohibition of 5000/- sub-section projections upon

(1) streets, etc.

Section 317, Failure to comply 5000/- sub-section with requisition to

(2) remove projections from streets.

Section 320, Erection, etc., of 5000/- sub-section structures of fixtures

(1) which cause obstruction in streets.36 THE GAZETTE OF IN3D6I A EXTRAORDINARY [Part II—

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

(1) (2) (3)

Section 321 Deposit, etc., of 500/- things in streets.

Section 323, Tethering of 1000/- sub-sections animals and milking

(1) and (2) of cattle in public streets.

Section 327, Name of street and 1000/- sub-section number of house not to

(2) be destroyed or defaced, etc.

Section 328, Failure to comply 1000/- sub-section with requisition to

(1) repair, protect or enclose a dangerous place.

Section 346, Non-compliance 1000/- sub-sections with provision as to

(1) and (2) completion certificates, occupation or use, etc., without permission.

Section 348, Failure to comply 1000/- sub-sections with requisition to

(1) and (2) remove structures which are in ruins or likely to fall.

Section 349, Failure to comply 1000/- sub-section with requisition to

(1) vacate buildings in dangerous condition, etc.

Section 353 Failure to provide 500/- for collection, removal and deposit of refuse and provision of receptacles.

Section 354 Failure to collect 500/- and remove filth and polluted matter.

Section 356 Failure to comply 1000/- with requisition for removal of rubbish, etc., from premises used as market, etc.Sec. 2] THE GAZETTE OF IN3D7I A EXTRAORDINARY 37

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

(1) (2) (3)

Section 357, Keeping rubbish 100/- sub-section and filth for more than

(1) twenty-four hours, etc.

Section 357, Allowing filth to 200/- sub-section flow in streets.

(2)

Section 362 Failure to provide 500/- latrines for premises used by large number of people and to keep them clean and in proper order.

Section 363 Failure to comply 500/- with requisition to provide latrines for market, cattle shed, cart stand, etc., and to keep them clean and in proper order.

Section 366 Failure to comply 5000/- with requisition to improve buildings unfit for human habitation.

Section 381 Disposal of infected 500/- articles without disinfection.

Section 383 Sale of food or drink 500/- in contravention of restriction or prohibition of the Commissioner.

Section 384 Removal or use of 500/- water from wells and tanks in contravention of prohibition of Commissioner.

Section 386 Removal of 500/- infectious corpses in contravention of the provisions of the

section.

Section 391, Failure to comply 1000/- sub-section with requisition to

(1) close a burning or burial ground.38 THE GAZETTE OF IN3D8I A EXTRAORDINARY [Part II—

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

(1) (2) (3)

Section 391, Burning or burial of 1000/- sub-section corpses in a burning or

(2) burial ground after it has been closed.

Section 392 Removal of corpses 500/- by other than prescribed routes.

Section 393, Failure to give 100/- sub-section notice for removal of

(1), clause carcasses of dead

(b). animals.

Section 397, Commission of 500/- sub-sections nuisances.

(1), (2) and

(3)

Section 398 Failure to comply 1000/- with requisition for removal or abatement of nuisance.

Section 399, Dogs not to be at 1000/- sub-section large in a street without

(4) being secured by a chain lead.

Section 399, Ferocious dogs at 1000/- sub-section large without being

(5) muzzled, etc.

Section 403 Failure to comply 1000/- with requisition to render buildings, wells, etc., safe.

Section 404 Failure to comply 500/- with requisition to enclose land used for improper purposes.

Section 406, Sale in municipal 200/- sub-section markets without

(1) permission.

Section 407, Use of places as 500/- sub-sections private markets without

(1) and (2) a licence and use of places other than a municipal slaughter house as slaughter houses.Sec. 2] THE GAZETTE OF IN3D9I A EXTRAORDINARY 39

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

(1) (2) (3)

Section 407, Non-compliance 200/- sub-section with conditions

(2), proviso imposed by

(a) Commissioner.

Section 415 Carrying on 200/- butcher’s, fish-monger’s or poulterer’s trade without licence etc.

Section 416 Establishment of 5000/- factory, etc., without Permission.

Section 417 Certain things not to 1000/- be kept and certain trades and operations not to be carried on without a licence.

Section 418, Keeping, 200/- sub-section abandonment or

(3) tethering of animals, etc.

Section 419, Use of premises in 500/- sub-section contravention of

(5) declaration.

Section 420 Hawking articles for 200/- sale without a licence, etc.

Section 421 Keeping a lodging 1000/- house, eating house, tea shop, etc., without licence or contrary to licence.

Section 422 Keeping open 1000/- theatre, circus or other place of public amusement without licence or contrary to terms of licence.

Section 430, Failure to produce 100/- sub-section licence or written

(5) permission.

Section 437 Obstruction in 500/- execution of work.

Section 444, Failure to comply 200/- sub-section with requisition to state

(4) the name and address of owners of premises.40 THE GAZETTE OF IN4D0I A EXTRAORDINARY [Part II—

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

(1) (2) (3)

Section 495 Obstruction of 500/- Mayor or any municipal authority, etc.

Section 496 Removal of any 200/- mark set up for indicating level, etc.

Section 497 Removal etc., of 100/- notice exhibited by or under orders of the Corporation, Commissioner, etc.

Section 498 Unlawful removal 500/-”. of earth, sand or other material or deposit of any matter or making of any encroachment from any land vested in the Corporation.

27. 1957 67 The Mines (A) In section 21,— and Minerals (Development (i) for sub-section (2), the following sub-sections and shall be substituted, namely:— Regulation) “(2) Whoever contravenes the provisions of the Act, 1957 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 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.Sec. 2] THE GAZETTE OF IN4D1I A EXTRAORDINARY 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 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 penalties under

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 penalties 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 THE GAZETTE OF IN4D2I A EXTRAORDINARY [Part II—

(1) (2) (3) (4) (5) 25C. Appeal.––(1) Whoever aggrieved by the

order passed by the adjudicating officer under

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.

(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 adjudicating 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 regulating 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 and 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 25C.”.

28. 1960 24 The Delhi (A) In section 23,— Land

(i) in sub-section (1), for the words “shall be Holdings punishable with imprisonment for a term which may

(Ceiling) Act, extend to six months and with fine which may extend 1960 to one thousand rupees”, the words “shall be liable to penalty which may extend to ten thousand rupees” shall be substituted;Sec. 2] THE GAZETTE OF IN4D3I A EXTRAORDINARY 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 appoint 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 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 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 THE GAZETTE OF IN4D4I A EXTRAORDINARY [Part II—

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

29. 1961 52 The (A) In section 2,–– Apprentices

(i) after clause (aaa), the following clause shall be Act, 1961 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 and 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 writing 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; orSec. 2] THE GAZETTE OF IN4D5I A EXTRAORDINARY 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 section 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 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 penalty 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 penalties 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 Apprenticeship 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 THE GAZETTE OF IN4D6I A EXTRAORDINARY [Part II—

(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.

(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.

(E) In section 37, sub-section (2) shall be omitted.

30. 1962 50 The (A) In section 15,— Petroleum and

(i) in the marginal heading, for the word “Penalty”, Minerals the word “Punishments” shall be substituted;

Pipelines (Acquisition (ii) for sub-section (1), the following sub-section of Right of shall be substituted, namely:— User in Land) “(1) Whoever wilfully obstructs any person in Act, 1962 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, 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 may extend to imprisonment for life” shall be substituted.Sec. 2] THE GAZETTE OF IN4D7I A EXTRAORDINARY 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 Appellate Tribunal referred to in

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;”.

31. 1963 41 The Textiles (A) In section 17, in sub-section (2),–– Committee

(i) in the long line, for the words “conviction, be Act, 1963 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 THE GAZETTE OF IN4D8I A EXTRAORDINARY [Part II—

(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 India as an appellate authority who shall be appointed by the Central Government, in such form and manner as may be prescribed.

(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.

(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;”.

32. 1963 45 The In section 34, in sub-section (2), for the words Administrators- “imprisonment which may extend to three months, or General Act, with fine which may extend to one thousand rupees, or 1963 with both”, the words “fine which may extend to ten thousand rupees” shall be substituted.Sec. 2] THE GAZETTE OF IN4D9I A EXTRAORDINARY 49

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

33. 1966 4 The (A) In section 16,–– Seamen’s

(i) in sub-section (1), for the words “one year”, Provident the words “six months” shall be substituted;

Fund Act, 1966 (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 with 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 writing”, 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 THE GAZETTE OF IN5D0I A EXTRAORDINARY [Part II—

(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 think fit.

(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.

(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 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 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.

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

34. 1968 27 The Civil (A) In section 11,–– Defence Act,

(i) in sub-section (1), for the words “shall be 1968 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), 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 prescribed.

(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.52 THE GAZETTE OF IN5D2I A EXTRAORDINARY [Part II—

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

(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.

(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 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 11A.”.

35. 1970 39 The Patents (A) In CHAPTER XX, for the Chapter heading Act, 1970 “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 39, if in the opinion of the Central 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.”.

36. 1971 40 The Public (A) For section 11, the following section shall be Premises substituted, namely:–– (Eviction of “11. Offences and contraventions.––(1) If any Unauthorised person unlawfully occupies any public premises, Occupants) including land, other than public premises providing Act, 1971 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.Sec. 2] THE GAZETTE OF IN5D3I A EXTRAORDINARY 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 guilty 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, 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.

(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 such 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 THE GAZETTE OF IN5D4I A EXTRAORDINARY [Part II—

(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.

(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.

(D) In section 18, in sub-section (2), after 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;”.

37. 1972 13 The Marine (A) In section 20, in sub-section (3), for the words Products “not less than”, the word “of” shall be substituted.

Export Development (B) For section 24, the following section shall be Authority Act, substituted, namely:–– 1972Sec. 2] THE GAZETTE OF IN5D5I A EXTRAORDINARY 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.”.

(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.

38. 1972 57 The General (A) In section 30, for the words “punishable with Insurance imprisonment for a term which may extend to one year, Business or with fine which may extend to one thousand rupees,

(Nationalisation) or with both”, the words “liable to penalty which may Act, 1972 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 THE GAZETTE OF IN5D6I A EXTRAORDINARY [Part II—

(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.

(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;”.

39. 1972 78 The (A) In section 24,–– Richardson

(i) in sub-section (1), in the long line, for the and Cruddas words “shall be punishable with imprisonment for a Limited term which may extend to three years, or with fine (Acquisition which may extend to ten thousand rupees, or with and Transfer both”, the words “shall be liable to penalty which of may extend to two lakh rupees” shall be substituted;

Undertaking) Act, 1972 (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.Sec. 2] THE GAZETTE OF IN5D7I A EXTRAORDINARY 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 Government as an appellate authority, in such form and manner as may be prescribed.

(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.

(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 THE GAZETTE OF IN5D8I A EXTRAORDINARY [Part II—

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

40. 1974 47 The Oil (A) In section 23,–– Industry

(i) in the marginal heading, for the word “Penalties”,

(Development) the word “Punishments” shall be substituted;

Act, 1974

(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 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.

(D) For section 25, the following section shall be substituted, namely:––Sec. 2] THE GAZETTE OF IN5D9I A EXTRAORDINARY 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 anything 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;”.

41. 1978 34 The Delhi (A) In section 59, in sub-section (2),–– Police Act,

(i) in clause (c), the words, brackets and figures 1978 “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 of60 THE GAZETTE OF IN6D0I A EXTRAORDINARY [Part II—

(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.”.

(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 417, section 418, section 419 or section 420 of the said Code”, the words and figures “mentioned in

section 317 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or by any offence punishable under

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 offence 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;Sec. 2] THE GAZETTE OF IN6D1I A EXTRAORDINARY 61

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

(ba) if the regulation was made under 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.

42. 1980 70 The Hind (A) In section 27, in the long line, for the words “shall Cycles Limited be punishable with imprisonment for a term which may and Sen-Raleigh extend to two years, or with fine which may extend to ten Limited thousand rupees, or with both”, the words “shall be liable

(Nationalisation) to penalty which may extend to one lakh and twenty-five Act, 1980 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.

(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 THE GAZETTE OF IN6D2I A EXTRAORDINARY [Part II—

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

(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;”.

43. 1981 31 The Dalmia (A) In section 28, in the long line, for the words Dadri Cement “shall be punishable with imprisonment for a term Limited which may extend to two years, or with fine which may (Acquisition extend to ten thousand rupees, or with both”, the words and Transfer “shall be liable to penalty which may extend to one of lakh and twenty-five thousand rupees” shall be Undertakings) substituted.

Act, 1981

(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 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.

(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.

(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 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 28A.”.

44. 1981 29 The British Sections 17, 18 and 19 shall be omitted.

India Corporation Limited (Acquisition of Shares) Act, 1981

45. 1981 42 The (A) Sections 11 and 12 shall be omitted.

Maritime Zones

(B) In section 13, in sub-section (1), the words and of India figures “or section 11 or section 12” shall be omitted. (Regulation of Fishing by (C) In section 15, in the long line, for the words “with Foreign imprisonment for a term which may extend to one year or Vessels) Act, with fine not exceeding rupees fifty thousand or with 1981 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 metres or more overall length” shall be substituted.

46. 1984 17 The Inchek (A) In section 27, in the long line, for the words Tyres Limited “shall be punishable with imprisonment for a term and the which may extend to two years, or with fine which may National extend to ten thousand rupees, or with both”, the words Rubber “shall be liable to penalty which may extend to one Manufacturers lakh rupees” shall be substituted.

Limited

(B) After section 27, the following section shall be

(Nationalisation) inserted, namely:— Act, 198464 THE GAZETTE OF IN6D4I A EXTRAORDINARY [Part II—

(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.

(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.

(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;”.

47. 1985 10 The Calcutta (A) For section 9, the following section shall be Metro Railway substituted, namely:— (Operation and Maintenance) “9. Smoking.—(1) No person shall smoke in any Temporary compartment or carriage of the metro railway or in Provisions Act, any underground metro railway station.

1985Sec. 2] THE GAZETTE OF IN6D5I A EXTRAORDINARY 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 the 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 to 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 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.

(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 official 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 travelling 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.”.

(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 lawfully 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:Sec. 2] THE GAZETTE OF IN6D7I A EXTRAORDINARY 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.

(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.

(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 THE GAZETTE OF IN6D8I A EXTRAORDINARY [Part II—

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

48. 1985 22 The (A) In section 10, for clause (a), the following clause Handlooms shall be substituted, namely:–– (Reservation “(a) shall be punishable with imprisonment for a of Articles for term which may extend to three months or with a fine Production) of not less than ten thousand rupees but may extend up Act, 1985 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.

49. 1985 82 The Inland (A) In section 34, in sub-section (2), after clause (h), Waterways the following clauses shall be inserted, namely:–– Authority of “(ha) the manner of holding an inquiry and India Act, imposing penalties under sub-section (1) of 1985

section 35A;

(hb) the form and manner of preferring appeal 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 continuing 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 such

manner as may be prescribed:Sec. 2] THE GAZETTE OF IN6D9I A EXTRAORDINARY 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 by the Central Government as an appellate authority, in such form and manner as may be prescribed.

(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.

50. 1986 2 The (A) In section 19, in sub-section (3), for the words Agricultural “punishable with imprisonment for a term which may and Processed extend to one year, or with fine, or with both”, the words Food Products “liable to penalty of not less than ten thousand rupees and Export not exceeding twice the value of goods, in respect of Development which such order has been made” shall be substituted.

Authority Act,

(B) For section 22, the following section shall be 1985 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 THE GAZETTE OF IN7D0I A EXTRAORDINARY [Part II—

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

(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, the 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.

(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.Sec. 2] THE GAZETTE OF IN7D1I A EXTRAORDINARY 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.

(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 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;”.

51. 1988 59 The Motor (A) In section 8, sub-section (8) shall be omitted.

Vehicles Act,

(B) In section 9, sub-section (9) shall be omitted.

1988

(D) In section 14, in sub-section (2), after 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 from 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 THE GAZETTE OF IN7D2I A EXTRAORDINARY [Part II—

(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 “ 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 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 “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”, 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 164B.”.Sec. 2] THE GAZETTE OF IN7D3I A EXTRAORDINARY 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 116 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 application 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, regulation 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 THE GAZETTE OF IN7D4I A EXTRAORDINARY [Part II—

(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;Sec. 2] THE GAZETTE OF IN7D5I A EXTRAORDINARY 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 fine 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 offence with imprisonment which may extend to one year but shall not be less than six months or with fine of ten thousand rupees or with both”, the words “liable to penalty of ten thousand rupees and for any subsequent contravention with penalty of twenty thousand rupees” shall be substituted.76 THE GAZETTE OF IN7D6I A EXTRAORDINARY [Part II—

(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 than 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 “punishable 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 the 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.Sec. 2] THE GAZETTE OF IN7D7I A EXTRAORDINARY 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 vehicle 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 THE GAZETTE OF IN7D8I A EXTRAORDINARY [Part II—

(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 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 clause (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.Sec. 2] THE GAZETTE OF IN7D9I A EXTRAORDINARY 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 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 192, sub-section (3) of section 192B, second or subsequent offence under section 194E, and 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 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 163”, the words, brackets and figures “sub-section (3) of section 161” shall be substituted.

52. 1989 24 The (A) In section 60, in sub-section (3), for the words Railways Act, “shall be punishable with fine which shall not exceed five 1989 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 THE GAZETTE OF IN8D0I A EXTRAORDINARY [Part II—

(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 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 passengers 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 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 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;Sec. 2] THE GAZETTE OF IN8D1I A EXTRAORDINARY 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 satisfied” 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 the 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 THE GAZETTE OF IN8D2I A EXTRAORDINARY [Part II—

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

(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 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 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 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.

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 indecency or uses abusive or obscene language; orSec. 2] THE GAZETTE OF IN8D3I A EXTRAORDINARY 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 entered 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 shall 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:

(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 violator 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 court, such punishment shall not be less than a fine of two thousand rupees.”.Sec. 2] THE GAZETTE OF IN8D5I A EXTRAORDINARY 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 liable 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 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 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 ticket, 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 court having jurisdiction, and shall on conviction be punishable with

a fine which may extend up to five thousand rupees:86 THE GAZETTE OF IN8D6I A EXTRAORDINARY [Part II—

(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 67, takes with him any offensive goods or entrusts such goods for carriage to the 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;Sec. 2] THE GAZETTE OF IN8D7I A EXTRAORDINARY 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 penalty, 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 court 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.

53. 1994 44 The New (A) In section 2,— Delhi

(i) after clause (1), the following clause shall be Municipal inserted, namely:–– Council Act, 1994 ‘(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 THE GAZETTE OF IN8D8I A EXTRAORDINARY [Part II—

(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 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 64F:Sec. 2] THE GAZETTE OF IN8D9I A EXTRAORDINARY 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 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.

Explanation.—For the purposes 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 maximum 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:

(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 THE GAZETTE OF IN9D0I A EXTRAORDINARY [Part II—

(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 such 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 commencement 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.Sec. 2] THE GAZETTE OF IN9D1I A EXTRAORDINARY 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 andallowances 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; and92 THE GAZETTE OF IN9D2I A EXTRAORDINARY [Part II—

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

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;

(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 farmhouse, 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 may be specified by the Council; and

(j) such other parameters as may be considered relevant by the Municipal Valuation Committee.Sec. 2] THE GAZETTE OF IN9D3I A EXTRAORDINARY 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 of 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 area 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 the94 THE GAZETTE OF IN9D4I A EXTRAORDINARY [Part II—

(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 the 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 from the date of publication of the public notice under

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 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.Sec. 2] THE GAZETTE OF IN9D5I A EXTRAORDINARY 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 service 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 covered 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 THE GAZETTE OF IN9D6I A EXTRAORDINARY [Part II—

(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 the 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 revision 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 base 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.Sec. 2] THE GAZETTE OF IN9D7I A EXTRAORDINARY 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 hardships 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 regarding 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 THE GAZETTE OF IN9D8I A EXTRAORDINARY [Part II—

(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 owner 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.Sec. 2] THE GAZETTE OF IN9D9I A EXTRAORDINARY 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;

(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 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 wholly 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 such 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 THE GAZETTE OF IN1D0I0A EXTRAORDINARY [Part II—

(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 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 substantially 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.Sec. 2] THE GAZETTE OF IN1D0I1A EXTRAORDINARY 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 64F or section 64G or revision thereof under

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 thereon, 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 THE GAZETTE OF IN1D0I2A EXTRAORDINARY [Part II—

(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 person 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.Sec. 2] THE GAZETTE OF IN1D0I3A EXTRAORDINARY 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 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 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 annual 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 THE GAZETTE OF IN1D0I4A EXTRAORDINARY [Part II—

(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 entries 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.”.Sec. 2] THE GAZETTE OF IN1D0I5A EXTRAORDINARY 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 THE GAZETTE OF IN1D0I6A EXTRAORDINARY [Part II—

(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:—Sec. 2] THE GAZETTE OF IN1D0I7A EXTRAORDINARY 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 clause (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 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 THE GAZETTE OF IN1D0I8A EXTRAORDINARY [Part II—

(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 authority 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.”.Sec. 2] THE GAZETTE OF IN1D0I9A EXTRAORDINARY 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 by 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 him 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 THE GAZETTE OF IN1D1I0A EXTRAORDINARY [Part II—

(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 Schedule:

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 Tenth

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 section 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 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.”.

(ZZK) The Fourth Schedule shall be omitted.Sec. 2] THE GAZETTE OF IN1D1I1A EXTRAORDINARY 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, Subject Penalty sub-section, (in clause or Rupees) proviso

(1) (2) (3)

Section 75 Failure to give notice 500/- of erection of new building, etc.

Section 89 Prohibition of 5000/- advertisement without permission.

Section 148 Use for non-domestic 1000/- purposes of water supplied for domestic purposes.

Section 164 Waste or misuse of 500/- water.

Section 173 Injury to, or 1000/- interference with free flow of contents of municipal drain or drains communicating with municipal drain.

Section 174, Private drain not to be 1000/- sub-section (2) connected with municipal drain without notice.

Section 175 Non-compliance with 500/- requisition for drainage of undrained premises.

Section 177 Non-compliance with 500/- requisition of maintenance of drainage works for any group or block of premises.112 THE GAZETTE OF IN1D1I2A EXTRAORDINARY [Part II—

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

(1) (2) (3)

Section 178 Non-compliance with 500/- directions to close or limit the use of private drains in certain cases.

Section 183 Connection with 1000/- municipal water works or drains without written permission.

Section 193, Execution of work by 500/- sub-section (1) a person other than a licensed plumber.

Section 193, Failure to furnish 500/- sub-section (2) when required, name of licensed plumber employed.

Section 193, Licensed plumbers 500/- sub-section (8) not to contravene bye-laws or execute work carelessly or negligently, etc.

Section 194 Prohibition of wilful 500/- or neglectful acts relating to water or sewage works.

Section 218, Failure to comply 200/- sub-section with requisition to show

(1), clause cause for alteration of

(a) and (b) street or for a appearance before the Chairperson.

Section 219, Failure to comply 100/- sub-section with requisition on

(1) owner of private street or owner of adjoining land or building to level, etc., such street.

Section 221, Prohibition of 5000/- sub-section projections upon streets,

(1) etc.

Section 221, Failure to comply 5000/- sub-section with requisition to

(2) remove projections from streets.

Section 224, Erection, etc., of 5000/- sub-section structures of fixtures

(1) which cause obstruction in streets.

Section 225 Deposit, etc., of 500/- things in streets.Sec. 2] THE GAZETTE OF IN1D1I3A EXTRAORDINARY 113

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

(1) (2) (3)

Section 227, Tethering of animals 1000/- sub-sections and milking of cattle in

(1) and (2) public streets.

Section 231, Name of street and 1000/- sub-section number of house not to

(2) be destroyed or defaced, etc.

Section 232, Failure to comply 1000/- sub-section with requisition to

(1) repair, protect or enclose a dangerous place.

Section 251, Non-compliance with 1000/- sub-sections provision as to

(1) and (2) completion certificates, occupation or use, etc., without permission.

Section 258, Failure to comply 1000/- sub-sections with requisition to

(1) and (2) remove structures which are in ruins or likely to fall.

Section 259, Failure to comply 1000/- sub-section with requisition to vacate

(1) buildings in dangerous conditions, etc.

Section 264 Failure to provide for 500/- collection, removal and deposit of refuse and provision of receptacles.

Section 265, Failure to collect and 500/- sub-section (1) remove filth and polluted matter.

Section 266 Failure to comply 1000/- with requisition for removal of rubbish, etc., from premises used as market, etc.

Section 267, Keeping rubbish and 100/- sub-section (1) filth for more than twenty-four hours, etc.

Section 267, Allowing filth to flow 200/- sub-section (2) in streets.

Section 273 Failure to provide 500/- latrines for premises used by large number of people and to keep them clean and in proper

order.114 THE GAZETTE OF IN1D1I4A EXTRAORDINARY [Part II—

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

(1) (2) (3)

Section 274 Failure to comply 500/- with requisition to provide latrines for market, cattle shed, cart stand, etc., and to keep them clean and in proper

order.

Section 277 Failure to comply 5000/- with requisition to improve buildings unfit for human habitation

Section 292 Disposal of infected 500/- articles without disinfection.

Section 294 Sale of food or drink 500/- contravention restriction prohibition Chairperson.

Section 295 Removal or use of 500/- water from wells and tanks in contravention of prohibition of Chairperson.

Section 297 Removal of 500/- infectious corpses in contravention of the provisions.

Section 302, Failure to comply 1000/- sub-section with requisition to close

(1) a burning or burial ground.

Section 302, Burning or burial of 1000/- sub-section corpses in a burning or

(2) burial ground after it has been closed.

Section 303 Removal of corpses 500/- by other than prescribed routes.

Section 304, Failure to convey the 100/- clause (b) carcass of a dead animal to a place provided or appointed for disposal within twenty-four hours.

Section 308, Commission of 500/- sub-sections nuisances.

(1), (2) and (3)

Section 309 Failure to comply 1000/- with requisition for removal or abatement of nuisance.Sec. 2] THE GAZETTE OF IN1D1I5A EXTRAORDINARY 115

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

(1) (2) (3)

Section 310, Dogs not to be at 1000/- sub-section large in a street without

(4) being secured by a chain lead

Section 310, Ferocious dogs at 1000/- sub-section large without being

(5) muzzled, etc.

Section 314 Failure to comply 1000/- with requisition to render buildings, wells, etc., safe.

Section 315 Failure to comply 500/- with requisition to enclose land used for improper purposes.

Section 317, Sale in municipal 200/- sub-section markets without

(1) permission.

Section 318, Use of places as 500/- sub-sections private markets without

(1) and (2) a licence and use of places other than a municipal slaughter house as slaughter houses.

Section 318, Non-compliance with 200/- sub-section conditions imposed by

(2), proviso Chairperson.

(a)

Section 325 Carrying on 200/- butcher’s, fishmonger’s or pouluters trade without licence, etc.

Section 326 Establishment of 5000/- factory, etc., without permission.

Section 327 Certain things not to 1000/- be kept and certain trades and operations not to be carried on without a licence.

Section 328, Keeping, 200/- sub-section abandonment or

(3) tethering of animals, etc.116 THE GAZETTE OF IN1D1I6A EXTRAORDINARY [Part II—

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

(1) (2) (3)

Section 329, Use of premises in 500/- sub-section contravention of

(5) declaration.

Section 330 Hawking articles for 200/- sale without a licence, etc.

Section 331 Keeping a lodging 1000/- house, eating house, tea shop, etc., without licence or contrary to licence.

Section 332 Keeping open theatre, 1000/- circus or other place of public amusement without licence or contrary to terms of licence.

Section 339, Failure to produce 100/- sub-section licence or written

(5) permission.

Section 346 Obstruction in 500/- execution of work.

Section 353, Failure to comply 200/- sub-section with requisition to state

(4) the name and address of owner of premises.

Section 404 Obstruction of 500/- Chairperson or a member, etc.

Section 405 Removal of any mark 200/- set up for indicating level, etc.

Section 406 Removal, etc., of 100/- notice exhibited by or under orders of the Council, Chairperson, etc.

Section 407 Unlawful removal of 500/- earth, sand or other material or deposit of any matter or making of any encroachment from any land vested in the Council.Sec. 2] THE GAZETTE OF IN1D1I7A EXTRAORDINARY 117

(1) (2) (3) (4) (5) THE ELEVENTH SCHEDULE (See section 370) Table

Section, Subject sub-section, clause or proviso

(1) (2) 148 Use for non-domestic purposes of water supplied for domestic purposes 227 sub- Tethering of animals and milking sections (1) of cattle in public streets and (2) 264 Failure to provide for collection, removal and deposit of refuse and provision of receptacles 265 sub- Failure to collect and remove filth

section (1) and polluted matter 267 sub- Keeping rubbish and filth for more

section (1) than twenty-four hours, etc.

267 sub- Allowing filth to flow in streets

section (2) 310 sub- Dogs not to be at large in a street

section (4) without being secured by a chain lead 310 sub- Ferocious dogs at large without

section (5) being muzzled, etc.

317 sub- Sale in municipal markets without

section (1) permission 328 sub- Keeping, abandonment or tethering

section (3) of animals, etc.

330 Hawking articles for sale without a licence, etc.

339 sub- Failure to produce licence or

section (5) written permission”.

54. 1997 17 The Lalit Sec tions 8 and 9 shall be omitted.

Kala Akadami (Taking Over of Management) Act, 1997118 THE GAZETTE OF IN1D1I8A EXTRAORDINARY [Part II—

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

55. 2002 60 The Metro (A) In section 2, in sub-section (1),–– Railways

(i) after clause (b), the following clause shall be (Operation inserted— and Maintenance) “(ba) “demonstration” means a public display Act, 2002 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 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”, the words “liable to penalty which may extend to five thousand rupees” shall be substituted;Sec. 2] THE GAZETTE OF IN1D1I9A EXTRAORDINARY 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 which 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 fifty 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 THE GAZETTE OF IN1D2I0A EXTRAORDINARY [Part II—

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

(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 fails 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:Sec. 2] THE GAZETTE OF IN1D2I1A EXTRAORDINARY 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.

56. 2003 13 The Control (A) In section 27,–– of National

(i) in sub-section (1), for the word “fine”, the word Highways “penalty” shall be substituted; (Land and Traffic) Act, (ii) in sub-section (2), for the word “fine” occurring at both places, the word “penalty” shall be substituted.

2002

(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 words “penalty imposed by the Highway Administration which shall not be less than two thousand rupees” shall be substituted.

(D) In section 39,––122 THE GAZETTE OF IN1D2I2A EXTRAORDINARY [Part II—

(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 such 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.

57. 2003 17 The Offshore (A) In section 23,— Areas Mineral

(i) in sub-section (1), clause (b) shall be omitted; (Development

(ii) in sub-section (1), in the Explanation, for the and words, brackets and letters “clauses (a) and (b)”, the Regulation) word, brackets and letter “clause (a)” shall be Act, 2002 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 35 shall be punishable with imprisonment for a term which may extend to two years or with 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 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.”.

(B) For Chapter V, the following Chapter shall be substituted, namely:— “CHAPTER V PENALTY AND ADJUDICATION

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;Sec. 2] THE GAZETTE OF IN1D2I3A EXTRAORDINARY 123

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

(b) contravenes the provisions of the rules made under this Act [except rules made under clause (pa) of sub-section (2) of section 35];

(d) fails to furnish the required data, or information, or document under sub-section (2) of

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.”.

(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.

58. 2003 36 The (A) For section 139, the following section shall be Electricity substituted, namely:— Act, 2003 “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 THE GAZETTE OF IN1D2I4A EXTRAORDINARY [Part II—

(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.

(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 shall 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:Sec. 2] THE GAZETTE OF IN1D2I5A EXTRAORDINARY 125

(1) (2) (3) (4) (5) Table Sl. Section Rate at which the sum of No money for compounding to be collected

(1) (2) (3)

1. 135. Theft of Per Kilowatt Electricity (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 Twenty thousand Service rupees

(ii) Ten thousand rupees Commercial Service

(iii) Two thousand rupees Agricultural Service

(iv) Other Four thousand rupees Services

2. 138. Ten thousand rupees Interference with meters or works of licensee

3. 140. Penalty Ten thousand rupees for intentionally injuring works.

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.

59. 2005 29 The Private (A) Section 12 shall be omitted.

Security

(B) In section 20, sub-section (2) shall be omitted.

Agencies

(Regulation) Act, 2005126 THE GAZETTE OF IN1D2I6A EXTRAORDINARY [Part II—

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

60. 2005 53 The Disaster (A) In section 51, for the words “imprisonment for a Management term which may extend to one year or with fine, or with Act, 2005 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”, 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.

61. 2006 19 The Section 44 shall be omitted.

Petroleum and Natural Gas Regulatory Board Act, 2006

62. 2006 34 The Food (A) In section 38, in sub-section (5), for the words and Safety and figures “Code of Criminal Procedure, 1973 (2 of 1974)”, Standards the words and figures “Bharatiya Nagarik Suraksha Act, 2006 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;Sec. 2] THE GAZETTE OF IN1D2I7A EXTRAORDINARY 127

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(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 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 1974)”, 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 THE GAZETTE OF IN1D2I8A EXTRAORDINARY [Part II—

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63. 2006 41 The (A) In section 49,–– Cantonments

(i) in sub-section (1), in clause (b), the words “or Act, 2006 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;Sec. 2] THE GAZETTE OF IN1D2I9A EXTRAORDINARY 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 line, 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 public 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 THE GAZETTE OF IN1D3I0A EXTRAORDINARY [Part II—

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(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 may 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 the 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 offence, 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 usedSec. 2] THE GAZETTE OF IN1D3I1A EXTRAORDINARY 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.

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 sub-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 during which the offence continues”, the words “liable to penalty which may extend to five thousand rupees and, in the case of a continuing132 THE GAZETTE OF IN1D3I2A EXTRAORDINARY [Part II—

(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 the 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 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 which may extend to five thousand rupees;”.

(ZE) For section 333, the following sections 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 which 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.Sec. 2] THE GAZETTE OF IN1D3I3A EXTRAORDINARY 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, 2026, 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 treated 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 THE GAZETTE OF IN1D3I4A EXTRAORDINARY [Part II—

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(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.”.

64. 2007 41 The Carriage In section 18, in sub-section (1), for the words and by Road Act, figures “section 3, section 13, or a notification issued 2007 under section 14”, the words and figures “section 13 or a notification issued under section 14, or carries goods of dangerous or hazardous nature while being in contravention of section 3,” shall be substituted.

65. 2009 27 The (A) In section 2,— Prevention

(i) for clause (a), the following clauses shall be and Control of substituted, namely:— Infectious and Contagious ‘(a) “adjudicating officer” means the Diseases in Sub-Divisional Magistrate or any other Executive Animals Act, Magistrate appointed by the State Government or the 2009 Union territory administration under

section 34A;

(aa) “animal” means,—

(i) cattle, buffalo, sheep, goat, yak, Mithun, elephant;Sec. 2] THE GAZETTE OF IN1D3I5A EXTRAORDINARY 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 Veterinary 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 THE GAZETTE OF IN1D3I6A EXTRAORDINARY [Part II—

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(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 3;

(q) “Veterinary Officer” 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 (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:—Sec. 2] THE GAZETTE OF IN1D3I7A EXTRAORDINARY 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 certificates 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 “disposeit 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”, the words “by the 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 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 THE GAZETTE OF IN1D3I8A EXTRAORDINARY [Part II—

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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 not 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 Magistrate, 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 concerned 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.Sec. 2] THE GAZETTE OF IN1D3I9A EXTRAORDINARY 139

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

(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 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.

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 the 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, vaccination, 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 the 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 THE GAZETTE OF IN1D4I0A EXTRAORDINARY [Part II—

(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 preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (1) of

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

1. Anthrax.

2. Aujeszky’s disease.

3. Bluetongue.

4. Brucellosis.

5. Crimean Congo haemorrhagic fever.

6. Echinococcosis/hydatidosis/granulosis/ multiloculosis.

7. Epizootice heamorrhagic disease virus.

8. Foot and mouth disease.

9. Heartwater.

10. Japanese encephalitis.

11. Leishmaniasis

12. Leptospirosis.

13. Mycobacterium tuberculosis complex.

14. New world screwworm (Cochliomyia hominivorax).

15. Nipah Virus infection.

16. Old world screwworm

(Chrysomyabezziana).

17. Paratuberculosis.Sec. 2] THE GAZETTE OF IN1D4I1A EXTRAORDINARY 141

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

18. Q fever.

19. Rabies.

20. Rift Valley fever.

21. Rinderpest.

22. Trichinellosis.

23. Trypnosomiasis

24. Tularemia.

25. Vesicular stomatitis.

26. West Nile fever.

(b) Bovine diseases

1. Bovine anaplasmosis.

2. Bovine babesiosis.

3. Bovine genital campylobacteriosis.

4. Bovine spongiform encephalopathy.

5. Bovine viral diarrhoea.

6. Contagious bovine pleuropneumonia.

7. Enzootic bovine leucosis.

8. Haemorrhagic septicaemia.

9. Infectious bovine rhinotracheitis/infectious pustular vulvovaginitis.

10. Lumpy skin disease.

11. Malignant catarrhal fever.

12. Mycoplasmosis

13. Theileriosis.

14. Trichomonosis.

1. Caprine arthritis/encephalitis.

2. Contagious agalactia.

3. Contagious caprine pleuropneumonia.

4. Enzootic abortion of ewes (ovine chlamydiosis).

5. Maedi-visna.

6. Nairobi sheep disease.

7. Ovine epididymitis (Brucella ovis).

8. Peste des petits ruminants.

9. Salmonellosis (S. abortusovis).

10. Scrapie.

11. Sheep pox and goat pox.142 THE GAZETTE OF IN1D4I2A EXTRAORDINARY [Part II—

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

12. Theileriosis.

(d) Equine diseases

1. African horse sickness.

2. Contagious equine metritis.

3. Dourine.

4. Equine encephalomyelitis (Eastern).

5. Equine encephalomyelitis (Westem).

6. Equine infectious anaemia.

7. Equine Influenza.

8. Equine piroplasmosis.

9. Equine rhinopneumonitis.

10. Equine viral arteritis.

11. Glanders.

12. Surra (Trypanosoma evansi).

13. Venezuelan equine encephalomyelitis.

(e) Swine diseases

1. African swine fever.

2. Classical swine fever.

3. Nipah virus encephalitis.

4. Porcine cysticercosis.

5. Porcine reproductive and respiratory syndrome.

6. Swine vesicular disease.

7. Transmissible gastroenteritis.

(f) Avian diseases

1. Avian chlamydiosis.

2. Avian infectious bronchitis.

3. Avian infectious laryngotracheitis.

4. Avian mycoplasmosis (M. gallisepticum).

5. Avian mycoplasmosis (M. synoviae).

6. Duck virus hepatitis.

7. Fowl cholera.

8. Fowl typhoid.

9. Highly pathogenic avian influenza and low pathogenic avian influenza in poultry.

10. Infectious bursal disease (Gumboro disease).

11. Marek’s disease.

12. Newcastle disease.Sec. 2] THE GAZETTE OF IN1D4I3A EXTRAORDINARY 143

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

13. Pullorum disease.

14. Turkey rhinotracheitis.

(g) Lagomorph diseases

1. Myxomatosis.

2. Rabbit haemorrhagic disease.

(h) Bee diseases

1. Acarapisosis of honey bees.

2. American foulbrood of honey bees.

3. European foulbrood of honey bees.

4. Small hive bettle infestation (Aethina tumida).

5. Tropilaelaps infestation of honey bees.

6. Varroosis of honey bees.

(i) Fish diseases

1. Epizootic haematopoietic necrosis.

2. Infectious haematopoietic necrosis.

3. Spring viraemia of carp (SVC).

4. Viral haemorrhagic septicaemia (VHS).

5. Epizootic ulcerative syndrome (EUS).

6. Red seabream iridoviral disease (RSID).

7. Koi herpesvirus disease (KHV).

8. Grouper iridoviral disease.

9. Viral encephalopathy and retinopathy.

10. Enteric septicaemia of catfish.

11. Infection with Aeromonas hydrophila.

12. lnfection with Edwardsiella tarda.

13. Infection with Vibrio anguillarum.

14. Infection with Flavobacterium columnare.

15. Infection with Streptococus iniae in Tilapia.

16. Infectious pancreatic necrosis (cold water).

17. Infection with Myxobolus spp.

18. Infection with Ichthyophthirius multifilis.

19. Infection with Saprolegnia parasitica.

20. Infestation with Argulus spp.

21. Infestation with Dactylogyrus spp.

22. Infestation with Lernaea spp.

23. Infestation with Caligus spp.144 THE GAZETTE OF IN1D4I4A EXTRAORDINARY [Part II—

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(j) Mollusc diseases

1. Infection with Bonamia exitiosa.

2. Infection with Perkinsus olseni.

3. lnfection with abalone herpesvirus.

4. Infection with Xenohaliotis californiensis.

5. Infection with Marteilioides chungmuensis.

6. Acute viral necrosis (in scallops).

7. Akoya oyster disease.

8. Infection with Bomania ostreae.

9. Infection with Marteilia regringens.

10. Infection with Perkinsus marinus.

11. Infection with ostreid herpes virus.

(k) Crustacean diseases

1. Taura syndrome (TS).

2. White spot disease (WSD).

3. Yellowhead disease (YHD).

4. Infectious hypodermal and haematopoietic necrosis (IHHN).

5. Infectious myonecrosis (IMN).

6. White tail disease (MrNV).

7. Necrotising hepatopancreatitis (NHP).

8. Milky haemolymph disease of spiny lobster (Panulirus spp.).

9. Monodon slow growth syndrome.

10. Acute hepatopancreatic necrosis syndrome

(AHPNS).

11. Hepatopancreatic parvovirus.

12. Monodon baculovirus.

13. Loose shell syndrome.

14. Soft shell syndrome.

15. Gaffkemia.

(l) Amphibian disease

1. Infection with Ranavirus.

2. Infection with Batrachochytrium dendrobatidis.

(m) Other diseases

1. Camel pox.

2. Leishmaniosis.

3. Middle East respiratory syndrome coronavirus.”.Sec. 2] THE GAZETTE OF IN1D4I5A EXTRAORDINARY 145

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

66. 2010 1 The Legal (A) In section 2, after clause (e), the following clause Metrology shall be inserted, namely:–– Act, 2009 ‘(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 authorisation 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 measures, 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.”.

(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 THE GAZETTE OF IN1D4I6A EXTRAORDINARY [Part II—

(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 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 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.Sec. 2] THE GAZETTE OF IN1D4I7A EXTRAORDINARY 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 digital148 THE GAZETTE OF IN1D4I8A EXTRAORDINARY [Part II—

(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 lakh 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 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 two lakh rupees but may extend to five lakh rupees” shall be substituted.

(Q) In section 39, for the 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.Sec. 2] THE GAZETTE OF IN1D4I9A EXTRAORDINARY 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 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;

(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 improvement150 150 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(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 “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.

(W) For section 48, the following section shall be substituted, namely:–– “48. Compounding of offences.––(1) Any offence punishable under sections 25 to 39, section 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 sections 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 sections 25 to 31, sections 33 to 37, section 41, sections 45 to 47, and any rule made under sub-section (3) of

section 53:

Provided that such sum shall not, in any case, exceed the maximum amount of the fine, which may be imposed under this Act for the offence so compounded.151 Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 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 does 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 Suraksha 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 words “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 THE GAZETTE OF IN1D5I2A EXTRAORDINARY [Part II—

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

67. 2010 23 The Clinical (A) In section 40, for the words “punishable for the Establishments first offence with fine which may extend to ten thousand (Registration rupees, for any second offence with fine which may and extend to fifty thousand rupees and for any subsequent Regulation) offence with fine which may extend to five lakh rupees”, the words “liable for the first contravention to penalty Act, 2010 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.

(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 of 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 company, such director, manager, secretary or other officer shall alsoSec. 2] THE GAZETTE OF IN1D5I3A EXTRAORDINARY 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.

68. 2013 23 The (A) In section 16, in sub-section (7), in the long line, Pension Fund for the words “punishable with imprisonment for a term Regulatory which may extend to one year, or with fine, which may and extend to twenty-five crore rupees, or with both, and also Development with a further fine which may extend to ten lakh rupees for every day after the first day during which the failure Authority or refusal continues”, the words “liable to penalty which Act, 2013 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.

69. 2015 11 The Coal (A) For sections 23 and 24, the following sections Mines shall be substituted, namely:–– (Special “23. Punishment for certain offences and Provisions) non-compliances.––(1) If any person,— Act, 2015

(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 THE GAZETTE OF IN1D5I4A EXTRAORDINARY [Part II—

(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.

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 extend 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 reasonable 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 by 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.Sec. 2] THE GAZETTE OF IN1D5I5A EXTRAORDINARY 155

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

(4) The amount of penalty imposed under

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;”.

70. 2016 16 The Real For section 68, the following section shall be Estate substituted, namely:–– (Regulation “68. Penalty for failure to comply with orders of and Appellate Tribunal by allottee.—If any allottee, who Development) fails to comply with, or contravenes any of the orders Act, 2016 or directions of the Appellate 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.”.

71. 2019 49 The (A) In section 31,— Recycling of

(i) in the marginal heading, for the word “Penalty”, Ships Act, the word “Punishment” shall be substituted;

2019

(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 imprisonment 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 sections 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 THE GAZETTE OF IN1D5I6A EXTRAORDINARY [Part II—

(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.

(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.

(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.Sec. 2] THE GAZETTE OF IN1D5I7A EXTRAORDINARY 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 32A;158 THE GAZETTE OF IN1D5I8A EXTRAORDINARY [Part II—

(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.”.

72. 2021 1 The Major (A) Chapter VII shall be omitted.

Port

(B) Section 64 shall be omitted.

Authorities Act, 2021

73. 2021 14 The National (A) In section 58, for the words “shall be punishable Commission with fine which may extend to fifty thousand rupees and for Allied in case of a continuing offence with an additional fine and which may extend to five thousand rupees per day after Healthcare the first day during which the offence continues” the words “shall be liable to penalty which may extend to Professions fifty thousand rupees and in case of a Act, 2021 continuing contravention with an additional penalty which may extend 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:Sec. 2] THE GAZETTE OF IN1D5I9A EXTRAORDINARY 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.

(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.

(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 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 58A;” .

74. 2021 20 The Marine (A) In section 41,— Aids to

(i) in sub-section (1), for the words “shall be liable Navigation to imprisonment for a term which may extend up to Act, 2021 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 THE GAZETTE OF IN1D6I0A EXTRAORDINARY [Part II—

(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.

(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.

(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 42A;”.Sec. 2] THE GAZETTE OF IN1D6I1A EXTRAORDINARY 161

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

75. 2021 24 The Inland (A) In section 63, for the words “or an offence under Vessels Act, this Chapter”, the words “or an offence or a 2021 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. Section Offence Punishment No

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

1. 14(1) Owner, Fine operator or which may master of any extend to ten mechanically thousand propelled inland rupees for the vessel, using first offence such vessel, and twenty- without a valid five thousand certificate of rupees for survey has acted subsequent in contravention offences.

of sub-section (1) of section 14.

2. 18(1) Owner, Fine operator or which may master of any extend to ten mechanically thousand propelled inland rupees for the vessel first offence proceeding on and fifty any voyage or thousand use a rupees for mechanically subsequent propelled inland offences.

vessel required to be registered, for any service, without a valid certificate of registration and in contravention of sub-section (1) of section 18.162 THE GAZETTE OF IN1D6I2A EXTRAORDINARY [Part II—

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

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

3. 30 Owner of any Fine mechanically which may propelled inland extend to ten vessel, has acted thousand in contravention rupees per of section 30. day or imprisonment which may extend to one year, or with both.

4. 34(2) Owner or Fine operator on which may whose vessel, extend to five persons under the thousand age of eighteen rupees for years are every day of employed, has non- acted in compliance contravention of or sub-section (2) of imprisonment

section 34. not exceeding six months, or with both.

5. 44 Owner or Fine operator or any which may person extend to ten responsible for thousand the operation of rupees for special category every day of vessel, which non- does not comply compliance with the or provisions of imprisonment

Chapter VII. extending up to six months, or with both.

6. 49 and Owner, Fine 50 (1) operator or which may master of any extend to ten mechanically thousand propelled vessel rupees. plying in inland waters abstaining from proceeding to render assistance after answering to the distress signal.Sec. 2] THE GAZETTE OF IN1D6I3A EXTRAORDINARY 163

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

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

7. 51 (2) The owner, Fine operator or which may master of any extend up to mechanically fifty propelled inland thousand rupees. 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 51.

8. 52(2) The owner, Fine and (3) operator or which may master of any extend to mechanically fifty propelled vessel thousand causing pollution rupees. by discharging or dumping of pollutants in inland waters.

9. 53(4) The owner, Fine operator or which may master of any extend to mechanically twenty-five propelled vessel, thousand who are required rupees. under this Act to possess a valid prevention of pollution certificate, plying or using the vessel without the said valid certificate.164 THE GAZETTE OF IN1D6I4A EXTRAORDINARY [Part II—

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

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

10. 57 Any owner, Fine operator or any amounting to person who fifty intentionally thousand cause wreck rupees and within inland imprisonment waters. which may extend to three years.

11. 82 Master or Fine operator of any which may foreign vessels extend to acting in fifty contravention of thousand sub-section (1) of rupees or

section 82. imprisonment which may extend to one year, or with both.

12. 83 Owner, Fine operator or which may master of extend to mechanically fifty propelled inland thousand vessel, who does rupees or not comply with imprisonment the requirement which may of pilotage in extend to contravention of three years,

section 83. 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. Section to Contravention Penalty No which contravention is referred

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

1. 8 Any owner, Penalty operator or which may construction extend to yard, found ten guilty of thousand construction, rupees for alteration or every non- modification compliance of found. mechanicallySec. 2] THE GAZETTE OF IN1D6I5A EXTRAORDINARY 165

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

(1) (2) (3) (4) propelled inland vessel in contravention of section 8.

2. 19(1) Owner or Penalty master who which may does not carry extend to a valid ten certificate of thousand registration or rupees for not making every non- the same compliance available for found. inspection, has acted in contravention of sub-section

(1) of section

19.

3. 24(3) Owner not Penalty displaying the which may official extend to number on the ten conspicuous thousand part of a rupees. vessel has acted in contravention of sub-section

(3) of section

24.

4. 27 Owner, Penalty operator or which may any person extend to ten responsible thousand for the rupees for the operation of first the vessel, has contravention acted in and twenty- contravention five thousand of section 27. rupees for subsequent contraventions.

5. 28(2) Owner, Penalty operator or which may master of any extend to ten mechanically thousand propelled rupees for inland vessel the first not registering contravention the details of166 THE GAZETTE OF IN1D6I6A EXTRAORDINARY [Part II—

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

(1) (2) (3) (4) alterations that and twenty- are mandated to five be registered as thousand specified in r u p e e s for sub-section (2) of subsequent

section 28. contraventions.

6. 29 Owner or Penalty operator of any which may mechanically extend to five propelled inland hundred vessel, who does rupees for not comply with every day of the requirements non- or has acted in compliance.

contravention of

section 29.

7. 32(1) Owner of any Penalty mechanically which may propelled inland extend to vessel, has acted five in contravention thousand of sub-section (1) rupees for of section 32. every day of non- compliance.

8. 35 Owner or Penalty operator of any which may mechanically extend to ten propelled inland thousand vessel without rupees for complying with the first the specified contravention minimum and twenty- manning scale five has acted in thousand contravention to rupees for

section 35. subsequent contraventions.

9. 40(1) The holders of Penalty and (4) certificate of which may competency, has extend to five acted in thousand contravention to rupees per the provisions of day. this Act or not surrendered the suspended, cancelled or varied certificateSec. 2] THE GAZETTE OF IN1D6I7A EXTRAORDINARY 167

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

(1) (2) (3) (4) issued under non-submission of suspended or cancelled certificates.

10. 47 Owner, Penalty operator or which may master of any extend to ten mechanically thousand propelled vessel rupees for the registered, first recognised or contravention identified under and twenty-five this Act, for not thousand equipping the rupees for vessels or subsequent exhibiting the contraventions.

lights and signals specified under

Chapter VIII.

11. 48 Owner, Penalty operator or which may master not extend to ensuring safe twenty-five navigation or thousand causing damage rupees. due to non observance of regulations.

12. 54(2) The owner or Penalty and (5) operator of any which may reception facility extend to fifty who does not thousand comply with the rupees. standards and obligations stipulated.

13. 55(4) The owner or Penalty operator of the which may terminal who extend to fifty operates thousand without rupees. complying with the notice issued under sub-section (4) of section 55.

14. 58(2) Any person Penalty who is guilty of which may offence extend to ten committed by thousand contravention rupees. of sub-section

(2) of

section 58.168 THE GAZETTE OF IN1D6I8A EXTRAORDINARY [Part II—

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

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

15. 66 Any owner or Penalty master plying which may any mechanically extend to ten propelled inland thousand vessel without a rupees and valid insurance detention of as provided the vessel till under section 66. certificate of insurance is procured.

16. 74(2) The owner, Penalty operator or which may master of any extend to ten mechanically thousand propelled inland rupees. vessel not complying with sub-section (2) of

section 74.

17. 79(2) Any person Penalty who holds a which may certificate issued extend to ten under Chapter VI thousand and fails to rupees for surrender every day of suspended or non- cancelled submission. certificates.

18. 80 Any person, in Penalty the capacity of a which may service provider extend to or a service user, fifty who acts in thousand contravention of rupees.

section 80.

19. 97 Any person Forfeiture employed on of a sum not inland vessel for exceeding neglect or refusal two days’ to join or pay, and in desertion of addition for vessel in every violation of his twenty-four obligation as hours of

provided under absence,

section 97. either a sum not exceeding six days’ pay or any expensesSec. 2] THE GAZETTE OF IN1D6I9A EXTRAORDINARY 169

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

(1) (2) (3) (4) properly incurred in hiring a substitute, from his wages.

20. 102 Any person Penalty found guilty of which may causing extend to obstruction or fifty has acted in thousand contravention of rupees.

section 102.

(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) 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.”.

(D) After section 87, 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 THE GAZETTE OF IN1D7I0A EXTRAORDINARY [Part II—

(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 appellate authority, in such form and manner as may be prescribed.

(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.

(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;” .

76. 2022 13 The Indian (A) In section 41,— Antarctic

(i) in clause (e), for the words and figures “or Act, 2022

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:Sec. 2] THE GAZETTE OF IN1D7I1A EXTRAORDINARY 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.

(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.

(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 44A;172 THE GAZETTE OF IN1D7I2A EXTRAORDINARY [Part II—

(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;” .

77. 2023 18 The Jan After section 3, the following proviso shall be Vishwas inserted, namely:–– (Amendment “Provided that notwithstanding anything of contained in this section, if any enactment mentioned Provisions) in the Schedule provides the manner of revision of Act, 2023 fines and penalties therein, only the said provision shall be applicable for increase of fines and penalties for provisions of such enactment.”.

78. 2025 20 The Coastal (A) In section 16, for the words “punishable with Shipping imprisonment for a term which may extend to six Act, 2025 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 sub-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.

79. 2025 24 The (A) In section 281,–– Merchant

(i) in sub-section (2), in the Table, after serial Shipping no. 96 and the entries relating thereto, the following Act, 2025 serial number and entries shall be inserted, namely:— Sl. Contravention Sections Penalties No.

(1) (2) (3) (4) “97. If a General Penalty which seafarer on or may extend to before being fifty thousand engaged rupees.”; wilfully andSec. 2] THE GAZETTE OF IN1D7I3A EXTRAORDINARY 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 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.

(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 before the institution of any prosecution, no prosecution shall be instituted against the offender in relation to whom the offence is so compounded.174 THE GAZETTE OF IN1D7I4A EXTRAORDINARY [Part II—

(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;”.

80. 2025 27 The Indian (A) After section 53, the following section shall be Ports Act, inserted, namely:— 2025 “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 for 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 offences 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 supervision 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.Sec. 2] THE GAZETTE OF IN1D7I5A EXTRAORDINARY 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.

(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 under the Second Schedule with regard to contraventions listed under section 19, section 20, sub-section (1) of

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 37, sub-section (1) of section 38, sub-section176 THE GAZETTE OF IN1D7I6A EXTRAORDINARY [Part II—

(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 44, sub-section (1) of section 66, sub-section (4) of section 66, section 67, section 68, sub-section (1) of

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 under 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.”.

(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 Offences Section to Punishment No. which offence is referred

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

1. If any port 10 Fine commences or which may carries on extend to one operations in lakh rupees contravention and in of section 10 addition, a fine which may extend to ten thousand rupees for every day during which the offence continues after conviction.

2. If any master 27 Imprison of a vessel fails ment which to permit warps may extend or hawsers to be to six months made fast or let or fine which go of any warps may extend or hawsers in to one lakh contravention rupees or of section 27 both.Sec. 2] THE GAZETTE OF IN1D7I7A EXTRAORDINARY 177

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

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

3. If master 28 Imprison omits to take ment which

order to may extend extinguish the to six months fire or obstructs or fine which the conservator may extend or any person in to one lakh extinguishing rupees or or attempting to both. extinguish the fire, in contravention of section 28

4. If any person 29(1) Imprison does or omits to ment which do any act may extend relating to to six months safety of or fine which vessels in may extend contravention to one lakh of sub-section rupees or

(1) of section 29 both.

5. If the master 29(2) Imprison of the vessel ment which causes or suffer may extend any warp or to six months hawser attached or fine which to his vessel to may extend be left out in to one lakh any port in rupees or contravention both.

of sub-section

(2) of section 29

6. If any person 29(3) Imprison commits any ment which act in may extend contravention to six months of sub-section or fine which

(3) of section 29 may extend to one lakh rupees or both.

7. If any 30 Imprison unauthorised ment which person searches may extend for lost stores in to six months contravention or fine which of section 30 may extend to one lakh rupees or both.178 THE GAZETTE OF IN1D7I8A EXTRAORDINARY [Part II—

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

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

8. If any person 31 Imprisonm injures any ent which may bank or shore in extend to six contravention months or fine of section 31 which may extend to one lakh rupees or both.

9. If any port 71 Fine which fails to obtain may extend to prior clearance in fifty thousand contravention of rupees.

section 71 THE SECOND SCHEDULE [See section 54(3)] Penalty for certain contraventions Sl. Contravention Section Penalties No.

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

1. If any port 15(3) In case of other than contravention major port or by a port port officer fails officer, penalty to comply with which may directions of the extend to ten State Maritime thousand Board under rupees and in sub-section (3) addition, of section 15 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.Sec. 2] THE GAZETTE OF IN1D7I9A EXTRAORDINARY 179

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

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

2. If any person 19 Penalty refuses or which may neglects to obey extend to any direction of twenty the conservator thousand issued under rupees and in

section 19 addition, penalty not exceeding five thousand rupees for every day during which such default continues.

3. If any owner 20 Penalty has without which may lawful excuse extend to two caused any lakh rupees obstruction or and in impediment addition, under penalty not

section 20 exceeding twenty thousand rupees for every day during which such default continues.

4. If any master 22(1) Penalty of a vessel or which may any other extend to one person lifts the lakh rupees. buoys or moorings without assistance of the conservator in contravention of sub-section

(1) of section 22

5. If the master 23 Penalty of the vessel, or which may any person in extend to ten possession or thousand occupation of rupees for the the building or first place, without contravention lawful excuse, and in180 THE GAZETTE OF IN1D8I0A EXTRAORDINARY [Part II—

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

(1) (2) (3) (4) refuses to allow addition, the conservator penalty or any person to not board or enter exceeding such vessel, ten building or thousand place in rupees for contravention every day of section 23 during which such default continues.

6. If any person 26(1) Penalty without lawful which excuse, may removes, extend to destroys or one lakh damages any rupees property in and in contravention addition, of sub-section expenses

(1)of section 26 for any loss, destruction or damage suffered by the port, including expenses of any inspection or survey carried out.

7. If any owner 32(1) Penalty or master of a which vessel enters, may leaves or moves extend to in any port in two lakh contravention rupees. of sub-section

(1)of section 32

8. If any port 36 Penalty fails to provide which adequate may reception extend to facilities in two lakh contravention of rupees.

section 36Sec. 2] THE GAZETTE OF IN1D8I1A EXTRAORDINARY 181

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

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

9. If any port 37 Penalty fails to comply which with directions may of the Central extend to Government one lakh under rupees

section 37 and in addition, penalty which may extend to twenty thousand rupees for every day during which such default continues.

10. If any port 38(1) Penalty fails to prepare which a port waste may reception and extend to handling plan in one lakh contravention rupees. of sub-section

(1) of section 38

11. If any port 38(2) Penalty fails to which implement the may approved port extend to waste reception one lakh and handling rupees. plan in contravention of sub-section (2) of section 38

12. If any port 38(3) Penalty fails to which communicate may any information extend to to vessels in twenty contravention of thousand sub-section (3) rupees. of section 38

13. If any 39 Penalty operator, agent which or master of a may vessel fails to extend to submit an twenty182 THE GAZETTE OF IN1D8I2A EXTRAORDINARY [Part II—

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

(1) (2) (3) (4) advance waste thousand notice in rupees. contravention of section 39

14. If any 40(1) Penalty master of a which vessel fails to may deliver all its extend to vessel- one lakh generated rupees. waste to a reception facility in contravention of sub-section

(1) of

section 40

15. If the owner 41 Penalty or master of any which vessel fails to may pay the charges extend to payable or fails twenty to comply with thousand the conditions rupees under and in

section 41 addition, penalty which may extend to two thousand rupees for every day during which such default continues.

16. If any person 43 Penalty fails to upload which information on may the portal in extend to contravention of ten

section 43 thousand rupees.

17. If any port 44(1) Penalty fails to report which the particulars may of any incident extend toSec. 2] THE GAZETTE OF IN1D8I3A EXTRAORDINARY 183

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

(1) (2) (3) (4) in one lakh contravention rupees. of sub-section

(1) of section 44

18. If any port 44(2) Penalty fails to comply which with the may directions extend to issued by the one lakh Central rupees Government and in under addition, sub-section (2) penalty of section 44 which may extend to ten thousand rupees for every day during which such default continues.

19. If the 47(2) Penalty Authority or which concessionaire may or person or extend to body of persons fifty fails to publish thousand the port tariff in rupees contravention and in of sub-section addition,

(2) of section 47 penalty which may extend to five thousand rupees for every day during which such default continues.

20. If any owner, 49 Penalty agent or master which of a vessel fails may to report the extend to arrival of a twenty vessel in thousand contravention rupees. of section 49184 THE GAZETTE OF IN1D8I4A EXTRAORDINARY [Part II—

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

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

21. If any 52(1) Penalty master of a which vessel fails to may pay any fees or extend to other charges twice the in amount of contravention fees or of sub-section other

(1) of charges

section 52 due, subject to a minimum of twenty thousand rupees.

22. If any person 57 Penalty fails to furnish which or furnishes may information in extend to contravention two lakh of section 57 rupees and in addition, penalty which may extend to two thousand rupees for every day during which such default continues.

23. If the master 65 Penalty of any vessel which unlawfully may hoists or fails to extend to hoist any flag in twenty contravention thousand of section 65 rupees.

24. If any port 66(1) Penalty fails to prepare which a safety, may security, extend to disaster two lakh management rupees. and pollution incidentSec. 2] THE GAZETTE OF IN1D8I5A EXTRAORDINARY 185

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

(1) (2) (3) (4) emergency preparedness and response plan in contravention of sub-section

(1) of

section 66

25. If any port 66(4) Penalty fails to comply which with the may directions extend to issued by the two lakh conservator in rupees. contravention of sub-section

(4) of

section 66

26. If any port 67 Penalty fails to report which particulars of may any incident in extend to contravention one lakh of section 67 rupees.

27. If any port 68 Penalty fails to provide which shore based may welfare extend to services in twenty contravention thousand of section 68 rupees.

28. If any port 69(1) Penalty fails to comply which with directions may of the Central extend to Government fifty issued under thousand sub-section (1) rupees. of section 69

29. If any port 69(2) Penalty fails to develop which or maintain a may vessel traffic extend to service in one lakh contravention rupees.”. of sub-section

(2) of section 69186 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 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.

2. Reducing compliance burden gives impetus to business process reengineering and improves ease of living of people. Series of measures such as simplifying, digitising and rationalising compliances are being undertaken to achieve these goals.

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 businesseseasier 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.

4. The Jan Vishwas (Amendment of Provisions) Bill, 2026 is a continuation of the regulatory reforms started under the Jan Vishwas(Amendment ofProvisions) Act, 2023 and the Jan Vishwas (Amendment of Provisions) Bill, 2025 which was introduced in Lok Sabha on 18thAugust, 2025 and referred to the Select Committee by the Hon’ble Speaker for examination and report.

5. The Hon’ble Select Committee examined the said Bill and submitted its report to Lok Sabha on 13th 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.

6.Through the Jan Vishwas(Amendment of Provisions) Bill, 2026, apart from decriminalising several offences across various enactments, 20 additional 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.

7.The Bill seeks to achieve the above objectives.

NEWDELHI; PIYUSH GOYAL.

The25th March, 2026.

186Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 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.

187188 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— MEMORANDUM REGARDING DELEGATED LEGISLATION In the Bill, in the Schedule, interalia,––

(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 ofutilisation of penalty amount under sub-section (2) of section 28;

(b) in serial number 33 (the Seamen’s Provident Fund Act, 1966), 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 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 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 Government 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 holding 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 (the 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.

2.The mattersin 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.

———— UTPAL KUMAR SINGH UTPASLe cKreUtaMryA-RG eSnIeNraGlH.

Secretary General UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROL1L8E8R OF PUBLICATIONS, DELHI–110054.

MGIPMRND—696GI(S4)—27-03-2026.

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JAN VISHWAS AMENDMENT OF PROVISIONS BILL 2026

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