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REGISTERED NO. DL—(N)04/0007/2003—21

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EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1

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PUBLISHED BY AUTHORITYlañ 21]

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No. 21]

NEW DELHI, FRIDAY, AUGUST 11, 2023/SRAVANA 20, 1945 (SAKA))

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE(Legislative Department)
New Delhi, the 11th August, 2023/Sravana 20, 1945 (Saka)
The following Act of Parliament received the assent of the President on the
11th August, 2023 and is hereby published for general information:—

THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023
NO. 18 OF 2023
[11th August, 2023.]

An Act to amend certain enactments for decriminalising and rationalising offences
to further enhance trust-based governance for ease of living and doing business.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Jan Vishwas (Amendment of Provisions) Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint; and different dates may be appointed for amendments relating
to different enactments mentioned in the Schedule.

Short title andcommencement.

2. The enactments mentioned in column (4) of the Schedule are hereby amended to theextent and in the manner mentioned in column (5) thereof.

Amendmentof certain
enactments.

3. The fines and penalties provided under various provisions in the enactments
mentioned in the Schedule shall be increased by ten per cent. of the minimum amount of fineor penalty, as the case may be, prescribed therefor, after the expiry of every three years fromthe date of commencement of this Act.

Revision offines andpenalties.

2
Savings.

THE GAZETTE OF INDIA EXTRAORDINARY[PART II—

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in which the amended or repealed enactment has been applied, incorporated or referred to;and this Act shall not affect the validity, invalidity, effect or consequences of anythingalready done or suffered, or any right, title, obligation or liability already acquired, accrued or
incurred or any remedy or proceeding in respect thereof, or any release or discharge of, orfrom 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 courseof pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption,
office or appointment, notwithstanding that the same respectively may have been in any
manner affirmed, or recognised or derived by, in or from any enactment hereby amended orrepealed;
nor shall the amendment or repeal by this Act of any enactment revive or restore any
jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice,procedure or other matter or thing not now existing or in force.
THE SCHEDULE(See section 2)
Sl.
No.

Year

No.

Short title

(1)

(2)

(3)

(4)

1.

1867

25

The Press andRegistration ofBooks Act, 1867

Amendments(5)(A) In section 8C,—(i) in sub-section (1), after the words,
figure and letter "declaration under section
8B", the words, figures and letter "or an
order by the Press Registrar suspending orcancelling the certificate of registration
under section 12 or imposing penalties
under section 13 or under section 19K" shallbe inserted;(ii) in sub-section (2), after the words"records from the Magistrate", the words"or from the Press Registrar, as the casemay be," shall be inserted.
(B) For sections 12 to 14, the following
sections shall be substituted, namely:—"12. Suspension or cancellation ofcertificate of registration.—(1) The Press
Registrar may, by order, suspend thecertificate of registration of a newspaper
for a period not exceeding one year, if—(a) the publisher has failed to
publish the newspaper continuously.
Explanation.—For the removalof doubts, it is hereby clarified that if
a newspaper publishes less than halfof its issues, as are required to be
published under rule (6) of section 5,such newspaper shall be deemed toSEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

3

(5)
have failed to publish continuously;or(b) the publisher of anewspaper has given false particulars
in the annual statement; or(c) the publisher of anewspaper has failed to furnish theannual statement within two years
from the end of the financial year forwhich the annual statement was tobe furnished.
(2) The Press Registrar may, by order,
cancel the certificate of registration where—(i) a newspaper has ceased
publication for a period exceeding
twenty-four months;(ii) the publisher of anewspaper fails to furnish the annual
statement even after the expiry of theperiod during which the certificate ofregistration was suspended underclause (c) of sub-section (1);(iii) the registration was
obtained on false representation or
on concealment of any material fact;(iv) the title of the newspaper
bears the same or similar title alreadyheld by any other owner of anewspaper either in the samelanguage anywhere in India or in any
other language in the same State orUnion territory.
(3) No order for suspension orcancellation of certificate of registration
shall be made under this section, without
giving a reasonable opportunity of being
heard to the publisher or owner of thenewspaper, as the case may be.
(4) A copy of order of suspension orcancellation passed under this section shallbe made available to the Central Governmentor the State Government or the Union
territory administration, as the case may be,
and to the Magistrate.
13. Penalty for certain contraventions.—The Press Registrar may imposea penalty—(i) not exceeding ten thousand
rupees where the publisher prints or
publishes any book or paper

4

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)otherwise than in conformity with theprovisions contained in section 3;(ii) not exceeding ten thousand
rupees where the keeper of the press
fails to make and subscribe thedeclaration in conformity with theprovisions contained in section 4;(iii) not exceeding twenty
thousand rupees where the publisher
fails to furnish the annual statement
as required under clause (a) ofsection 19D within one year from theend of the financial year in respect ofwhich the annual statement was
required to be furnished;(iv) not exceeding twenty
thousand rupees where a person who
has ceased to be a printer or publisherof any newspaper fails or neglects tomake a declaration in compliance withthe provisions of section 8;(v) not exceeding two thousand
rupees for not delivering books or not
supplying printer with maps referred
to in section 9;(vi) not exceeding two
thousand rupees where any printerof a newspaper neglects to delivercopies of the newspaper incompliance with the provisions ofsections 11A and 11B.".
(C) Sections 15A to 17 shall be omitted.
(D) For section 19K, the following section
shall be substituted, namely:—"19K. Penalty for contravention ofsection 19D or section 19E.—If the publisherof any newspaper—(a) refuses or neglects tocomply with the provisions ofclause (b) of section 19D or
section 19E; or(b) publishes in the newspaperin pursuance of clause (b) ofsection 19D any particulars relating
to the newspaper which he hasreason to believe to be false,
he shall be liable to penalty not exceeding
ten thousand rupees.".
(E) Section 19L shall be omitted.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(1)

(2)

(3)

(4)

2.

1898

6

The Indian Post
Office Act, 1898

3.

1923

5

The Boilers
Act, 1923

5(5)
Chapter X shall be omitted.
(A) In section 22,—(a) in clause (iii), for the word andfigures "section 16,", the words and figures"section 16; or" shall be substituted;(b) after clause (iii), the following
clause shall be inserted, namely:—"(iv) to report an accident to aboiler or boiler component when so
required under section 18,";(c) in the long line, for the words"punishable with fine", the words "liable topenalty" shall be substituted.
(B) For section 23, the following section
shall be substituted, namely:—"23. Penalties for illegal use ofboiler.—Any owner of a boiler who—(a) in any case in which a
certificate or provisional order isrequired for the use of the boiler
under this Act, uses the boiler either
without any such certificate or order
being in force or at a higher pressure
than that allowed thereby; or(b) uses or permits to be used aboiler which has been transferredfrom one State to another without
such transfer having been reported
as required under clause (b) ofsection 6; or(c) fails to cause the register
number allotted to the boiler under
this Act to be permanently marked on
the boiler as required undersub-section (6) of section 7,
shall be liable to penalty which may extend
to one lakh rupees, and in the case of acontinuing contravention or failure, with anadditional penalty which may extend to one
thousand rupees for every day during
which such contravention or failure
continues.".
(C) In section 24, clauses (a), (b) and (d)shall be omitted.
(D) In section 25, in sub-section (1), for thewords “punishable with fine”, the words “liable
to penalty” shall be substituted.
(E) After section 26, the following sections
shall be inserted, namely:—“26A. Adjudication.—(1) The State
Government or the Union territory

6

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
administration, as the case may be, for the
purposes of determining the penalties under
sections 22, 23, sub-section (1) of section
25 and section 30, may authorise the District
Magistrate or the Additional District
Magistrate, as the case may be, having
jurisdiction, to be the adjudicating officer
to hold an inquiry and impose penalty, inthe manner as may be prescribed by the State
Government or the Central Government, as
the case may be.
(2) The adjudicating officer may
summon and enforce the attendance of any
person acquainted with the facts andcircumstances of the case to give evidenceor to produce any document, which in theopinion of the adjudicating officer, may be
useful for, or relevant to, the subject-matterof the inquiry, and if, on such inquiry, he issatisfied that the person concerned has
failed to comply with the provisions ofsections 22, 23, sub-section (1) of section
25 and section 30, he may impose penalty:
Provided that no such penalty shallbe imposed without giving the person
concerned a reasonable opportunity of
being heard.
26B. Appeal.—(1) Whoever
aggrieved by the order, passed by the
adjudicating officer under section 26A, may
prefer an appeal to an officer not below therank of Secretary to the State Governmentor the Union territory administration, as thecase may be, to be an appellate authority,
specially authorised by that Government oradministration in this behalf, within sixty
days from the date of receipt of order, insuch form and manner as may be prescribedby the State Government or the Central
Government, as the case may be.
(2) An appeal may be admitted after
the expiry of the period of sixty days if theappellant satisfies the appellate authoritythat he had sufficient cause for notpreferring the appeal within that period.
(3) The appellate authority may, after
giving the parties to the appeal an
opportunity of being heard, pass such orderas he may think fit.
(4) An appeal under sub-section (1)shall be disposed of within sixty days fromthe date of filing.”.

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

7

(5)
(F) In section 27, the words “Presidency
Magistrate or a” shall be omitted.
(G) In section 28A, in sub-section (1A), after
clause (c), the following clauses shall be inserted,
namely:—“(ca) the manner of holding inquiry
and imposing penalty under sub-section (1)of section 26A;(cb) the form and manner of preferring
appeal under sub-section (1) of section
26B;”.
(H) In section 29, in sub-section (1), after
clause (h), the following clauses shall be inserted,
namely:—“(ha) the manner of holding inquiry
and imposing penalty under sub-section (1)of section 26A;(hb) the form and manner of preferring
appeal under sub-section (1) ofsection 26B;”.
(I) In section 30,—(i) for the words “punishable, in thecase of a first offence, with fine”, the words“liable to penalty, in the case of a firstcontravention, with penalty’’ shall be
substituted;(ii) for the words “subsequent
offence, with fine”, the words “subsequent
contravention, with penalty” shall be
substituted.

4.

1927

16

The Indian Forest
Act, 1927(A) In section 26,—(i) in sub-section (1), clauses (d)and (e) shall be omitted;(ii) after sub-section (1), the following
sub-section shall be inserted, namely:—"(1A) Any person who, in areserved forest—(a) trespassesorpastures cattle, or permits cattle
to trespass shall be liable topenalty which may extend to
five hundred rupees, in addition
to such compensation fordamage done to the forest as
determined by a Forest-officer
empowered under section 68;(b) causes any damage
by negligence in felling any tree

8

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)or cutting or dragging any
timber shall be liable to penalty
which may extend to five
thousand rupees, in addition tosuch compensation for damage
done to the forest as
determined by a Forest-officer
empowered under section 68.”.
(B) In section 33,—(i) in sub-section (1), clauses (e), (f)and (g) shall be omitted;(ii) after sub-section (1), the following
sub-section shall be inserted, namely:—"(1A) Any person who in a
protected forest—(a) leaves burning any
fire kindled by him in thevicinity of any tree reserved
under section 30, whether
standing, fallen or felled, orclosed portion of any protected
forest;(b) fells any tree or drags
any timber so as to damage any
tree reserved as aforesaid,
shall be liable to penalty which may
extend to five thousand rupees in
addition to such compensation fordamage done to the forest as
determined by a Forest-officer
empowered under section 68.”.
(C) In section 68,—(i) for the marginal heading, thefollowing marginal heading shall be
substituted, namely:—"Power to compound offences
and impose penalties.";(ii) in sub-section (1)—(I) in clause (a), for the word", and", the word "; or" shall be
substituted;(II) after clause (a), thefollowing clause shall be inserted,
namely:—"(aa) to accept from any
person a sum of money by way

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

9

(5)
of penalty or compensation forviolation of sub-section (1A) ofsection 26 or sub-section (1A)of section 33; and".

5.

1937

1

(A) In section 3, in sub-section (2), after
The Agricultural
Produce (Grading clause (g), the following clauses shall be inserted,and Marking)namely:—Act, 1937“(ga) holding inquiry and imposing
penalty under sub-section (1) of section 5C;(gb) preferring appeal undersub-section (1) of section 5D;”.
(B) In section 4, for the words “punishable
with imprisonment for a term not exceeding six
months and fine not exceeding five thousand
rupees”, the words “liable to penalty notexceeding five lakh rupees” shall be substituted.
(C) In section 5, for the words “punishable
with imprisonment for a term not exceeding three
years and fine not exceeding five thousand
rupees”, the words “liable to penalty notexceeding fifteen lakh rupees” shall be
substituted.
(D) In section 5A, for the words “punishable
with imprisonment for a term not exceeding six
months and fine not exceeding five thousand
rupees”, the words “liable to penalty notexceeding three lakh rupees” shall be substituted.
(E) In section 5B, in sub-section (4), for thewords “punishable with imprisonment for a term
not exceeding six months and fine not exceeding
five thousand rupees”, the words “liable topenalty not exceeding five lakh rupees” shall be
substituted.
(F) For section 5C, the following sections
shall be substituted, namely:—"5C. Adjudicating
officer.—(1) The Central Government may, for the
purposes of determining the penalties under
sections 4, 5, 5A and 5B, appoint an officer
not below the rank of Deputy Secretary to
the Government of India or an officer not
below the rank of Deputy Secretary to theState Government, to be adjudicating officer
to hold an inquiry and impose penalty, inthe manner as may be prescribed:

10

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
Provided that the Central Government
may appoint as many adjudicating officers
as may be required.
(2) The adjudicating officer may
summon and enforce the attendance of any
person acquainted with the facts andcircumstances of the case to give evidenceor to produce any document, which in theopinion of the adjudicating officer, may be
useful for, or relevant to, the subject-matterof the inquiry and if, on such inquiry, he issatisfied that the person concerned has
failed to comply with the provisions ofsections 4, 5, 5A and 5B, he may impose
penalty:
Provided that no such penalty shallbe imposed without giving the person
concerned a reasonable opportunity of
being heard in the matter.
5D. Appeal.—(1) Whoever aggrievedby the order, passed by the adjudicating
officer under section 5C may prefer an appeal
to the Agricultural Marketing Adviser,
Government of India within thirty days fromthe date of receipt of order in such manneras may be prescribed.
(2) An appeal may be admitted after
the expiry of the period of thirty days if theappellant satisfies the AgriculturalMarketing Adviser that he had sufficientcause for not preferring the appeal withinthat period.
(3) The Agricultural Marketing
Adviser may, after giving the parties to theappeal an opportunity of being heard, passsuch order as he may think fit.
(4) The Agricultural Marketing
Adviser referred to in sub-section (1) shalldispose of the appeal within sixty days fromthe date of filing.
5E. Recovery.—Notwithstanding
anything contained in this Act, if penalty
imposed by the adjudicating officer under
section 5C or order of the AgriculturalMarketing Adviser under section 5D, as thecase may be, is not deposited, the amountshall be recovered as an arrear of land
revenue.".

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(1)

(2)

(3)

6.

1940

23

(4)
The Drugs andCosmetics
Act, 1940

11(5)(A) In section 29, for the words "punishable
with fine which may extend to five thousand
rupees", the words "liable to penalty which may
extend to one lakh rupees" shall be substituted.
(B) In section 30, in sub-section (2), for thewords "imprisonment which may extend to two
years, or with fine which shall not be less than ten
thousand rupees, or with both", the words "finewhich shall not be less than five lakh rupees" shallbe substituted.
(C) In section 32B, in sub-section (1), after
the words and figures "of section 13,", the words,
brackets, letters and figures "clause (d) of section
27 and clause (ii) of section 27A," shall be inserted.

7.

1944

18

The Public Debt
Act, 1944

8.

1947

24

The Rubber
Act, 1947

Section 27 shall be omitted.
(A) In section 11, in sub-section (3), for thewords "imprisonment for a term which may extend
to one year or with fine or with both", the words
and figures "penalty which may extend to one
lakh rupees or cancellation of licence issued under
section 14, or with both" shall be substituted.
(B) In section 13, sub-section (3) shall beomitted.
(C) In section 25, in sub-section (2), after
clause (xxiii), the following clauses shall beinserted, namely:—"(xxiiia) the manner of holding
inquiry and imposing penalty undersub-section (1) of section 26B;
(xxiiib) the form and manner ofpreferring appeal under sub-section (2) ofsection 26B;".
(D) In section 26, in sub-section (1), in thelong line, for the words "punishable withimprisonment for a term which may extend to one
year, or with fine which may extend to five
thousand rupees, or with both", the words "liable
to penalty which may extend to fifty thousand
rupees" shall be substituted.
(E) After section 26A, the following section
shall be inserted, namely:—"26B. Adjudication of penalties.—(1)For the purposes of adjudging the penalties
under sub-section (3) of section 11 andsection 26, the Executive Director shallappoint the Secretary to the Board or any
other officer authorised by the Central
Government, as the case may be, to be an
adjudicating officer for holding an inquiry

12

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—(5)
and imposing penalty in the manner as may
be prescribed, after giving any person
concerned a reasonable opportunity of
being heard.
(2) Whoever is aggrieved by any
order of the adjudicating officer may preferan appeal to the Executive Director, within aperiod of sixty days from the date of receipt
of such order in such form and manner as
may be prescribed.
(3) An appeal may be admitted after
the expiry of the period of sixty days if theappellant satisfies the Executive Director
that he had sufficient cause for notpreferring the appeal within that period.
(4) No appeal shall be disposed ofunless the appellant has been given a
reasonable opportunity of being heard.
(5) An appeal under sub-section (2)shall be disposed of within sixty days fromthe date of filing.
(6) The amount of penalty imposed
under sub-section (1), if not paid, may berecovered as an arrear of land revenue.".

9.

1948

8

The Pharmacy
Act, 1948(A) In section 18, in sub-section (2), after
clause (h), the following clauses shall be inserted,
namely:—"(i) the manner of holding inquiry andimposing penalty under sub-section (1) ofsection 43A;(j) the form and manner of preferring
appeal under sub-section (2) of section
43A.".
(B) In section 26A, in sub-section (3), for
the words "punishable with imprisonment for aterm which may extend to six months, or with finenot exceeding one thousand rupees, or with both",
the words "liable to penalty which may extend to
one lakh rupees" shall be substituted.
(C) In section 41, for sub-section (1), thefollowing sub-section shall be substituted,
namely:—"(1) If any person whose name is not
for the time being entered in the register of
the State falsely pretends that it is so enteredor uses in connection with his name or title
any words or letters reasonably calculated
to suggest that his name is so entered, heshall be punishable on first conviction withfine which may extend to one lakh rupees
and on subsequent conviction withimprisonment which may extend to threeSEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

13

(5)
months or with fine not exceeding two lakhrupees, or with both:
Provided that it shall be a defence if
the name of the person is entered in theregister of another State and that at the timeof claim, an application for registration in
the State had been made.".
(D) In section 42, in sub-section (2), for thewords "imprisonment for a term which may extend
to six months, or with fine not exceeding one
thousand rupees or with both", the words"imprisonment for a term which may extend to threemonths, or with fine which may extend to two lakhrupees, or with both" shall be substituted.
(E) After section 43, the following section
shall be inserted, namely:—"43A. Adjudication of penalties.—(1)For the purposes of adjudging the penalties
under section 26A, the Central Government
shall authorise the President of the StateCouncil, where the alleged violation iscommitted, to be the adjudicating officer forholding an inquiry and impose penalty inthe manner as may be prescribed under
section 18, after giving any person
concerned a reasonable opportunity of
being heard.
(2) Whoever is aggrieved by any
order of the adjudicating officer may preferan appeal to the President, Central Council,
within a period of forty-five days from thedate of receipt of such order in such form
and manner as may be prescribed under
section 18.
(3) The President, Central Council
may entertain an appeal after the expiry of
forty-five days, if it is satisfied that theappellant was prevented from sufficientcause for filing the appeal within the said
period.
(4) No appeal shall be disposed ofunless the appellant has been given a
reasonable opportunity of being heard.
(5) An appeal under sub-section (2)shall be disposed of within ninety days fromthe date of filing.
(6) The amount of penalty imposed
under sub-section (1), if not paid, may berecovered as an arrear of land revenue.".

14

THE GAZETTE OF INDIA EXTRAORDINARY[PART II—

(1)

(2)

(3)

(4)

(5)

10.

1951

65

The Industries(Development
and Regulation)
Act, 1951(A) In section 24, in sub-section (1), for thelong line, the following long line shall be
substituted, namely:—"he shall be liable to penalty which
may extend to twenty-five lakh rupees.".
(B) For section 24A, the following sections
shall be substituted, namely:—"24A. Adjudication.—(1) The
Central Government, for the purposes ofdetermining the penalties under section 24,
shall authorise the District Magistrate or
the Additional District Magistrate, having
jurisdiction, to be the adjudicating officer,
to hold an inquiry and impose penalty inthe manner, as may be prescribed.
(2) The adjudicating officer may
summon and enforce the attendance of any
person acquainted with the facts andcircumstances of the case to give evidenceor to produce any document, which in theopinion of the adjudicating officer, may be
useful for, or relevant to, the subject-matterof the inquiry and if, on such inquiry, he issatisfied that the person concerned has
failed to comply with the provisions of thisAct, he may impose such penalty as hethinks fit in accordance with the provisionsof section 24:
Provided that no such penalty
shall be imposed without giving the person
concerned a reasonable opportunity of
being heard.
24B. Appeal.—(1) Whoever
aggrieved by the order, passed by the
adjudicating officer under section 24A, may
prefer an appeal to an officer not below therank of Joint Secretary to the Governmentof India, to be an appellate authority, within
thirty days from the date of receipt of order,
in such form and manner as may beprescribed.
(2) An appeal may be admitted after
the expiry of the period of thirty days if theappellant satisfies the appellate authoritythat he had sufficient cause for notpreferring the appeal within that period.
(3) The appellate authority may, after
giving the parties to the appeal an
opportunity of being heard, pass such orderas he may think fit.

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

15

(5)
(4) An appeal under sub-section (1)shall be disposed of within sixty days fromthe date of filing.
24C. Recovery.—Notwithstanding
anything contained in this Act, if penalty
imposed by the adjudicating officer under
section 24A or order of the appellate
authority under section 24B, as the casemay be, is not deposited, the amount shallbe recovered as an arrear of land revenue.".
(C) Section 27 shall be omitted.
(D) In section 28, for the word "prosecuted",
the words "imposed penalty" shall be substituted.
(E) Sections 29 and 29A shall be omitted.
(F) In section 30,—(i) in sub-section (2), after clause (pp),the following clauses shall be inserted,
namely:—"(ppa) the manner of holding
inquiry and imposing penalty undersub-section (1) of section 24A;(ppb) the form and mannerof preferring appeal undersub-section (1) of section 24B;";(ii) in sub-section (3), for the word
"punishable", the words "liable to penalty"
shall be substituted.

11.

1952

37

The Cinematograph
Act, 1952(A) In section 7,—(i) for sub-section (1), the following
sub-section shall be substituted,
namely:—‘(1) If any person—(a) without lawfulauthority (the burden ofproving which shall be on such
person) alters or tampers in any
way any film after it has beencertified, he shall be punishable
with imprisonment for a term
which may extend to three
years or with fine which shallnot be less than ten lakhrupees, or with both;(b) exhibits or permits tobe exhibited in any place, any
film—

16

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—(5)(i) which has
not been certified by
the Board;(ii)
which,
when exhibited does
not display theprescribed mark of theBoard;(iii) which,whenexhibiteddisplays a mark of theBoard which has
since been altered or
tampered with, after
the mark has been
affixed,he shall be punishable withimprisonment for a term which
may extend to three years orwith fine which may extend toten lakh rupees, or with bothand in the case of a continuing
offence with a further finewhich may extend to one lakhrupees for each day during
which the offence continues;(c) exhibits or permits tobe exhibited in any place, a
video film in contravention of
the provisions of clause (a) or
clause (b), he shall bepunishable with imprisonment
for a term which may extend to
three years or with fine which
may extend to ten lakh rupees,
or with both, and in the case of
a continuing offence with afurther fine which may extend
to one lakh rupees for each day
during which the offence
continues;(d) exhibits or permits tobe exhibited any film, which has
been certified by the Board as‘‘A’’ within the meaning of thisAct to any minor, such person
shall be liable to penalty notexceeding ten thousand rupees
per person for every such
exhibition, levied by theauthorised officer in suchmanner as may be prescribed;(e) exhibits or permits tobe exhibited any film, which has
been certified by the Board as‘‘S’’ within the meaning of thisSEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

17

(5)
Act, to a person who is not amember of such profession orclass, shall be liable to penalty
not exceeding ten thousand
rupees per person for every
such exhibition, levied by theauthorised officer in suchmanner as may be prescribed;(f) fails to comply with theprovisions contained in section
6A or with any order made by
the Central Government or by
the Board in the exercise of anyof the powers or functions
conferred on it by this Act or
the rules made thereunder, heshall be liable to penalty notexceeding five lakh rupees,
levied by the authorised officer
and in such manner as may beprescribed:
Providedthat
notwithstanding anything
contained in section 29 of theCode of Criminal Procedure,
1973 (2 of 1974), it shall be lawfulforany
Metropolitan
Magistrate, or any Judicial
Magistrate of the First Class
specially empowered by theState Government in this behalf,
to pass a sentence of fineexceeding five thousand
rupees on any person
convicted of any offence
punishable under this Part
under clauses (a) to (c):Provided further that no
distributor or exhibitor or owneror employee of a cinema houseshall be liable to punishment forcontravention of any conditionof endorsement of caution thathas been certified as "UA"under this Part.';(ii) after sub-section (3), the following
sub-section shall be inserted, namely:—"(4) Whoever aggrieved byany penalty imposed under clauses(d) to (f) of sub-section (1) or
section 14, may prefer an appeal tosuch appellate authority within such
period and in such form and manneras may be prescribed.".
(B) In section 8, in sub-section (2), after
clause (cb), the following clauses shall be inserted,
namely:—18(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)"(cc) the authorised officer and themanner of levy of penalty by him in terms ofclauses (d) to (f) of sub-section (1) ofsection 7;(cd) the period, form and manner ofpreferring appeal and appellate authority
under sub-section (4) of section 7;" .
(C) In section 14, for the words "punishable
with fine which may extend to one thousand
rupees and, in the case of a continuing offence,with a further fine which may extend to one
hundred rupees for each day during which theoffence continues", the words "liable to penalty
of one lakh rupees and, in the case of a continuing
contravention, with a further penalty which may
extend to ten thousand rupees for each day during
which the contravention continues" shall be
substituted.
(D) For section 15, the following section
shall be substituted, namely:—"15. Power to revoke or suspend
licence.—(1) Where the holder of a licencehas been convicted of an offence underclauses (a) to (c) of sub-section (1) ofsection 7, the licence may be revoked by
the licensing authority.
(2) Where the holder of a licence has
been imposed penalty for contravention
under clauses (d) to (f) of sub-section (1) ofsection 7 or section 14, the licence may besuspended by the licensing authority for aperiod not exceeding thirty days:
Provided that in cases of more than
three contraventions over a period of three
years, the licensing authority, may, for thereasons to be recorded in writing, by order,
revoke the licence:
Provided further that no order under
this section shall be made without giving
the holder of the licence a reasonable
opportunity of being heard.".

12.

1953

29

The Tea Act, 1953

(A) Sections 38 to 40 shall be omitted.
(B) In section 41, in sub-section (1), for thewords "punishable with imprisonment for a term
which may extend to six months, or with fine which
may extend to five thousand rupees, or withboth,", the words "liable to penalty which may
extend to fifty thousand rupees" shall be
substituted.
(C) In section 42, for the words "punishable
with imprisonment which may extend to six months,
or with fine which may extend to five thousand
rupees, or with both, and in the case of a continuing

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

19

(5)
contravention with an additional fine which may
extend to five hundred rupees for every day
during which such contravention continues afterconviction for the first such contravention", thewords "liable to penalty which may extend to fifty
thousand rupees and for subsequent
contravention, penalty which may extend to one
lakh rupees" shall be substituted.
(D) After section 42, the following
section shall be inserted, namely:—"42A. Adjudicationofpenalties.—(1) For the purposes ofadjudging the penalties undersub-section (1) of section 41 andsection 42, the Deputy Chairman of
the Board shall appoint the Secretary
to the Board or any other officer
authorised by the Central
Government, as the case may be, tobe an adjudicating officer for holding
an inquiry and imposing penalty inthe manner as may be prescribed, after
giving a reasonable opportunity of
being heard.
(2) Whoever is aggrieved byany order of the adjudicating officer
may prefer an appeal to the Deputy
Chairman of the Board, within a periodof sixty days from the date of receipt
of such order in such form and manneras may be prescribed.
(3) An appeal may be admitted
after the expiry of the period of sixty
days if the appellant satisfies the
Deputy Chairman that he had
sufficient cause for not preferring theappeal within that period.
(4) No appeal shall be disposedof unless the appellant has been
given a reasonable opportunity of
being heard.
(5) An appeal undersub-section (2) shall be disposed ofwithin sixty days from the date offiling.
(6) The amount of penalty
imposed under sub-section (1), if notpaid, may be recovered as an arrearof land revenue.".
(E) In section 49, in sub-section (2), after
clause (x), the following clauses shall be inserted,
namely:—"(xa) the manner of holding inquiry
and imposing penalty under sub-section (1)of section 42A;

20

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—(5)(xb) the form and manner of preferring
appeal under sub-section (2) of section
42A;".

13.

1957

14

The CopyrightAct, 1957

Section 68 shall be omitted.

14.

1958

44

The MerchantShipping
Act, 1958(A) In section 436,—(a) in sub-section (2), in the Table,
against the serial numbers mentioned undercolumn 1, in respect of the offences undercolumn 2, relating to the sections undercolumn 3 and the penalties under column 4,
shall, respectively be substituted, in themanner as provided, namely:—
Serial Offences Section ofNo.
this Act towhich
offencehasreference
1

2

3

Penalties

4

16"Penalty which
may extend to
two lakhrupees."29"Penalty which
may extend to
two lakhrupees."35"Penalty which
may extend to
two lakhrupees."43"Penalty which
may extend to
two lakhrupees."44"Penalty which
may extend to
fifty thousand
rupees."57(a)"He shall be
liable toforfeit all or
any part ofthe property
he leaves onboard and of
the wages hehas thenearned andalso if theSEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

21

(5)
desertion
takes place atany place notin India, toforfeit all or
any part of
the wages
which he may
earn in any
other ship in
which he may
be employed
until his next
return to
India, and tosatisfy any
excess ofwages paidby the masteror owner ofthe ship fromwhich hedeserts to any
substituteengaged in
his place at ahigher rate ofwages than
the rate
stipulated tobe paid to
him."
57(b)

"he shall, if thecontravention
does notamount todesertion, be
liable toforfeit out of
his wages asum not
exceedingtwo days' pay
and inaddition forevery
twenty-fourhours ofabsence eithera sum notexceeding six
days' pay or
any expense

22

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
properly
incurred in
hiring a
substitute."59(iv)
194(d)
clause (d)of section 194(iva)
194(e)
clause (e)of section 194"imprisonment
which mayextend to threemonths, or finewhich mayextend to five
hundred rupees,
or both;""imprisonment
which mayextend to one
month, andalso for every
twenty-fourhours of suchdisobedienceor neglect,
forfeiture outof his wagesof a sum notexceeding six
days' pay or
any expenses,
which may
have been
properly
incurred in
hiring a
substitute."

60"Penalty which
may extend to
one lakhrupees."65"Penalty which
may extend to
two lakhrupees."66(a)"Penalty which
may extend
to two lakhrupees."68"Penalty which
may extend to
fifty thousand
rupees."72"Penalty which
may extend to
two lakh rupees."

84"Penalty which
may extend toSEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

23

(5)
one lakhrupees for the
first offence
and five lakhrupeesfor every
subsequent
offence."
108B"The masteror owner or
agent shall be
liable topenalty which
may extend to
five lakhrupees andthe ship may
also bedetained."

109"Penalty which
may extend to
five lakhrupees."

115D (ii)"the offendershall be liable
to penalty which
may extend to
fifty thousand
rupees."133"Penalty which
may extend to
one lakh rupees
and the vessel
may also be
detained."

135"Penalty which
may extend to
fifty thousand
rupees."137"Penalty which
may extend to
one lakh rupees
and the vessel
may also be
detained."

137J"Penalty which
may extend to
one lakh rupees
and the vessel
may also be
detained.";

24

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—(5)(b) after sub-section (2), the following
sub-sections shall be inserted, namely:—"(3) The penalty prescribed for thecontravention of any provision of this Act
shall be imposed by the Principal Officer ofthe Mercantile Marine Department:
Provided that no penalty under thissection shall be imposed unless the parties
have been given a reasonable opportunityof being heard.
(4) Whoever aggrieved by an orderof the Principal Officer under sub-section (3),may, within a period of thirty days from thedate of receipt of such order, prefer an appeal
before the Director-General in such form andmanner as the Central Government may
prescribe.
(5) The Director-General may, after
giving the parties an opportunity of being
heard, within a period of thirty days fromthe date of receipt of the appeal undersub-section (4), pass appropriate order.
(6) Any contravention of theprovisions of this Act for which penalty has
been prescribed may be compounded forthe first contravention by the Principal
Officer referred to in sub-section (3) or suchother Officer as may be notified by theCentral Government in the Official Gazettein this behalf:
Provided that where any suchcontravention has been compounded, thesum shall not, in any case, exceed the
maximum amount of the penalty which may
be imposed for such contravention.
(7) Notwithstanding anything
contained in this Act, if penalty imposed by
the Principal Officer of the Mercantile
Marine Department under sub-section (3)or order of the Director-General undersub-section (5), as the case may be, is notdeposited, the amount shall be recovered
as an arrear of land revenue.".
(B) After section 436, the following
section shall be inserted, namely:—"436A. Power to make rules.—The
Central Government may, subject to thecondition of previous publication, makerules prescribing the form and manner of
appeal against the order of Principal Officerof the Mercantile Marine Department undersub-section (4) of section 436.".

15.

1961

47

The Deposit
Insurance andCredit Guarantee

In section 47, for sub-section (2), thefollowing sub-sections shall be substituted,
namely:—SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)
Corporation
Act, 196125(5)"(2) If any person fails to produce any book,account or other document or to furnish any
statement or information which, under theprovisions of this Act, it is his duty to produce orfurnish, he shall be liable to penalty which may
extend to one lakh fifty thousand rupees in respectof each failure, and in the case of a continuing
failure, with an additional penalty which may
extend to seven thousand five hundred rupees
for every day during which the failure continues
after the first such failure.
(3) For the purpose of adjudging the penalty
under sub-section (2), the Corporation shall serve
notice on the person requiring it to show cause
why the amount specified in the notice should
not be imposed and a reasonable opportunity of
being heard shall also be given to such person.
(4) Any penalty imposed by the
Corporation under this section shall be payable
within a period of fourteen days from the date on
which notice issued by the Corporation
demanding payment of the sum is served on the
person and in the event of failure of the person to
pay the sum within such period, may be levied onan order or direction made by the principal civil
court having jurisdiction in the area where theperson is situated:
Provided that no order or direction shall bemade except on an application made to the court
by the Corporation or any officer authorised by itin this behalf.
(5) The court which makes an order ordirection under sub-section (4) shall issue acertificate specifying the sum payable by the
person and every such certificate shall be
enforceable in the same manner as if it were adecree made by the court in a civil suit.
(6) No complaint shall be filed against any
person in any court of law in respect of any
contravention or default in respect of which any
penalty has been imposed by the Corporation
under sub-section (2).
(7) Where any complaint has been filed
against any person in any court in respect of any
contravention or default of the nature referred toin sub-section (1), then, no proceedings for theimposition of any penalty on the person shall be
initiated under sub-section (2).".

16.

1962

58

The Warehousing
Corporations
Act, 1962

Section 38 shall be omitted.

17.

1964

37

The Food
Corporations
Act, 1964

Section 41 shall be omitted.

26

THE GAZETTE OF INDIA EXTRAORDINARY[PART II—

(1)

(2)

(3)

(4)

(5)

18.

1970

39

The Patents
Act, 1970(A) In section 120, for the words "he shallbe punishable with fine which may extend to one
lakh rupees", the words "he shall be liable topenalty which may extend to ten lakh rupees, andin case of the continuing claim, a further penalty
of one thousand rupees for every day after the
first during which such claim continues" shall be
substituted.
(B) Section 121 shall be omitted.
(C) In section 122,—(i) in sub-section (1), for the long line,
the following long line shall be substituted,
namely:—"he shall be liable to penalty
which may extend to one lakh rupees,
and in case of the continuing refusal
or failure, a further penalty of one
thousand rupees for every day after
the first during which such refusal or
failure continues.";(ii) in sub-section (2), for the words,"he shall be punishable with imprisonment
which may extend to six months, or withfine, or with both", the words "he shall be
liable to penalty for a sum equal to one half
per cent. of the total sale or turnover, as thecase may be, of business or of the grossreceipts in profession as computed in theaudited accounts of such person, or a sum
equal to five crore rupees, whichever is less"shall be substituted.
(D) In section 123, for the words "he shallbe punishable with fine which may extend to one
lakh rupees in the case of a first offence and fivelakh rupees in case of a second or subsequent
offence", the words "he shall be liable to penalty,
which may extend to five lakh rupees, and in caseof the continuing default, a further penalty of one
thousand rupees for every day after the firstduring which such default continues" shall be
substituted.
(E) After section 124, the following sections
shall be inserted, namely:—"124A. Adjudication of penalties.—
The Controller may, by an order, authorise
an officer referred to in section 73, to be
the adjudicating officer for holding an
inquiry and imposing penalty under theprovisions of this Act, in the manner as
may be prescribed, after giving the person

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

27

(5)
concerned a reasonable opportunity of
being heard.
124B. Appeal.—(1) Whoever aggrievedby an order of the adjudicating officer under
section 124A may prefer an appeal to theappellate authority, who shall be an officer
at least one rank above the adjudicating
officer, within a period of sixty days fromthe date of receipt of the order, as the Central
Government may by notification authorisein this behalf.
(2) Every appeal under this section
shall be preferred in such form and manneras may be prescribed.
(3) An appeal may be admitted after
the expiry of the period of sixty days if theappellant satisfies the appellate authoritythat he had sufficient cause for notpreferring the appeal within that period.
(4) No appeal shall be disposed ofunless the appellant has been given a
reasonable opportunity of being heard.
(5) The appellate authority referred
to in sub-section (1) shall dispose of theappeal within sixty days from the date offiling the appeal.
(6) Notwithstanding anything
contained in this Act, if the person fails tocomply with the order of the adjudicating
officer under section 124A or the order of
the appellate authority under this section,
as the case may be, within ninety days ofsuch order, he shall, in addition to thepenalty, be punishable with fine of one lakhrupees or imprisonment for a term which
may extend to one year, or with both.".
(F) In section 159, in sub-section (2),after clause (xiii), the following clauses shallbe inserted, namely:—"(xiiia) the manner of holding inquiry
and imposing penalty under section 124A;(xiiib) the form and manner ofpreferring appeal under sub-section (2) ofsection 124B;".

28

THE GAZETTE OF INDIA EXTRAORDINARY[PART II—

(1)

(2)

(3)

(4)

(5)

19.

1972

13

The Marine
Products Export
Development
Authority
Act, 1972(A) In section 20, in sub-section (3), for thewords "be punishable with imprisonment for a term
which may extend to one year, or with fine, or withboth", the words "be liable to penalty not lessthan ten thousand rupees or not exceeding twice
the value of goods, whichever is higher, in respectof which such order has been made" shall be
substituted.
(B) In section 23, for the words "bepunishable with fine which may extend to five
hundred rupees", the words "be liable to penalty
which may extend to ten thousand rupees" shallbe substituted.
(C) For sections 24 and 25, the following
sections shall be substituted, namely:—"24. Penalties for obstructing amember or officer of Authority in dischargeof his duties and for failure to produce books
and records.— Any person who—(a) obstructs any member
authorised by the Chairman in writingor any officer or other employee ofthe Authority authorised by it in thisbehalf or any person authorised inthis behalf by the Central Governmentor by the Authority, in the exercise ofany power conferred, or in the
discharge of any duty imposed, on
him by or under this Act, shall bepunishable with imprisonment for aterm which may extend to six months,
or with fine which may extend to one
thousand rupees, or with both;(b) having control over orcustody of any account book or otherrecord, fails to produce such book orrecord when required to do so by orunder this Act, shall be liable topenalty which may extend to ten
thousand rupees.
25. Other penalties.—Whoever
contravenes or attempts to contravene orabets the contravention of the provisionsof this Act or of any rules made thereunderother than the provisions, punishment or
penalty for the contravention whereof has
been provided for in sections 20, 23 and 24
shall be liable to penalty not less than ten
thousand rupees, or not exceeding anamount equivalent to the value of goods,
whichever is higher, in respect of whichsuch contravention has been made, and incase of a continuing contravention as
aforesaid, a penalty of not less than fifty
thousand rupees, or not exceeding an

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

29

(5)
amount equivalent to twice the value ofgoods, whichever is higher, in respect ofwhich such contravention has been made.
25A. Adjudication of penalties.—(1) For the purposes of adjudging penalties
under sub-section (3) of section 20, section
23, clause (b) of section 24 and section 25,
the Chairman shall appoint the Secretary to
the Authority or any other officer
authorised by the Central Government, as
the case may be, to be an adjudicating
officer for holding an inquiry and imposing
penalty under the provisions of this Act, inthe manner as may be prescribed, after
giving the person concerned a reasonable
opportunity of being heard.
(2) Whoever is aggrieved by an orderof the adjudicating officer may prefer an
appeal to the Chairman, within a period of
sixty days from the date of receipt of suchorder in such form and manner as may beprescribed.
(3) An appeal may be admitted after
the expiry of the period of sixty days if theappellant satisfies the Chairman that he had
sufficient cause for not preferring the appeal
within that period.
(4) No appeal shall be disposed ofunless the appellant has been given a
reasonable opportunity of being heard.
(5) The appellate authority referred
to in sub-section (2) shall dispose of theappeal within sixty days from the date offiling.
(6) The amount of penalty imposed
under sub-section (1), if not paid, shall berecovered as an arrear of land revenue.".
(D) In section 33, in sub-section (2),after clause (q), the following clauses shallbe inserted, namely:—"(qa) the manner of holding
inquiry and imposing penalty undersub-section (1) of section 25A;(qb) the form and manner ofpreferring appeal under sub-section (2)of section 25A;".

20.

1978

11

Repealed.
The High
Denomination
Banknotes(Demonetisation)
Act, 1978

30

THE GAZETTE OF INDIA EXTRAORDINARY

(1)

(2)

(3)

21.

1981

14

(4)

[PART II—

(5)(A) In section 21, for sub-section (1), the
The Air (Prevention
following shall be substituted, namely:—
and Control of
Pollution) Act, 1981"(1) No person shall establish oroperate any industrial plant in an air
pollution control area unless the previous
consent of the State Board has beenobtained in pursuance of an application
made by such person in accordance withthe provisions of this section:
Provided that the Central Government
may in consultation with the Central
Pollution Control Board, by notification in
the Official Gazette, exempt certain
categories of industrial plants from theapplication of the provisions of thissub-section.".
(B) After section 21, the following section
shall be inserted, namely:—
"21A.
Power
to
issue
guidelines.—(1) Notwithstanding anything
contained in this Act, the Central
Government in consultation with the Central
Board, may, by notification in the Official
Gazette, issue guidelines on the mattersrelating to the grant, refusal or cancellationof consent by any State Board to establish
or operate any industrial plant in an air
pollution control area, including themechanism for time bound disposal of theapplication made under section 21 orvalidity period of such consent.
(2) Every State Board, in discharge ofits functions for the purposes of grant,
refusal or cancellation of consent under
section 21 shall act in accordance with theguidelines issued under sub-section (1).".
(C) For sections 37 to 41, the following
sections shall be substituted, namely:—'37. Failure to comply with provisionsof section 22 or directions issued under
section 31A.—(1) Whoever contravenes ordoes not comply with the provisions ofsection 22 or directions issued under
section 31A, shall, in respect of each suchcontravention , be liable to penalty whichshall not be less than ten thousand rupees,
but which may extend to fifteen lakh rupees.
(2) Where any person continues
contravention under sub-section (1), heshall be liable to additional penalty of ten
thousand rupees for every day during
which such contravention continues.

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

31

(5)
38. Penalties for certain acts.—(1)Whoever—(a) destroys, pulls down,
removes, injures or defaces any pillar,
post or stake fixed in the ground or
any notice or other matter put up,
inscribed or placed, by or under theauthority of the Board;(b) obstructs any person acting
under the orders or directions of theBoard from exercising his powers andperforming his functions under thisAct;(c) damages any works orproperty belonging to the Board;(d) fails to furnish to the Boardor any officer or other employee of
the Board any information requiredby the Board or such officer or other
employee for the purposes of thisAct;(e) fails to intimate theoccurrence of the emission of air
pollutants into the atmosphere inexcess of the standards laid down by
the State Board or the apprehensionof such occurrence, to the State Boardand other prescribed authorities oragencies as required undersub-section (1) of section 23;(f) fails in giving any information
which he is required to give under thisAct, makes a statement which is false
in any material particular,
shall be liable to penalty which shall not beless than ten thousand rupees, but which
may extend to fifteen lakh rupees.
(2) Where any person continues
contravention under sub-section (1), heshall be liable to additional penalty of ten
thousand rupees for every day during
which such contravention continues.
38A. Penalty for contravention by
Government Department.—(1) Where
contravention of any provision of this Act
has been committed by any Department of
the Central Government or the State
Government, the Head of the Department
shall be liable to penalty equal to one monthof his basic salary:

32

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
Provided that he shall not be liable
for such contravention, if he proves thatthe contravention was committed without
his knowledge or instructions or that heexercised all due diligence to prevent suchcontravention.
(2) Where any contravention undersub-section (1) is attributable to any neglect
on the part of, any officer, other than the
Head of the Department, the officer shall be
liable to penalty equal to one month of his
basic salary:
Provided that he shall not be liable
for the contravention, if he proves that heexercised all due diligence to avoid suchcontravention.
39. Penalties for contravention ofcertain provisions of this Act.—If any
person contravenes any of the provisionsof this Act or any order or direction issued
thereunder, for which no penalty has been
provided for in this Act, shall be liable topenalty which shall not be less than ten
thousand rupees, but which may extend to
fifteen lakh rupees, and where suchcontravention continues, he shall be liable
to additional penalty which may extend to
ten thousand rupees for every day during
which such contravention continues.
39A. Adjudicating officer.—(1) The
Central Government, for the purposes ofdetermining the penalties under sections 37,
38, 38A and section 39, shall appoint an
officer not below the rank of Joint Secretary
to the Government of India or a Secretary to
the State Government to be the adjudicating
officer, to hold an inquiry and to impose thepenalty in the manner, as may be prescribed:
Provided that the Central Government
may appoint as many adjudicating officers
as may be required.
(2) The adjudicating officer may
summon and enforce the attendance of any
person acquainted with the facts andcircumstances of the case to give evidenceor to produce any document, which in theopinion of the adjudicating officer, may be
useful for or relevant to the subject-matterof the inquiry and if, on such inquiry, he issatisfied that the person concerned has
contravened the provisions of this Act, hemay determine such penalty as he thinks fit

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

33

(5)
under the provisions of sections 37, 38,
38A or 39, as the case may be:
Provided that no such penalty shallbe imposed without giving the person
concerned a reasonable opportunity of
being heard.
(3) The amount of penalty imposed
under the provisions of sections 37, 38, 38A
and 39, shall be in addition to the liability to
pay relief or compensation under section
15 read with section 17 of the National Green
Tribunal Act, 2010 (19 of 2010).
39B. Appeal.—(1)Whoeveraggrieved by the order passed by the
adjudicating officer under sections 37, 38,
38A or 39, may prefer an appeal to the
National Green Tribunal established under
section 3 of the National Green Tribunal Act,
2010 (19 of 2010).
(2) Every appeal under sub-section (1)shall be filed within sixty days from the dateon which the copy of the order made by the
adjudicating officer is received by the
aggrieved person.
(3) The Tribunal may, after giving theparties to the appeal an opportunity of being
heard, pass such order as it thinks fit,
confirming, modifying or setting aside theorder appealed against.
(4) Where an appeal is preferredagainst any order of the adjudicating officer
under sub-section (1), it shall not beentertained by the Tribunal unless the
person has deposited with the Tribunal ten
per cent. of the amount of the penalty
imposed by the adjudicating officer.
39C. Penalty amount to be credited toEnvironmental Protection Fund.—Where an
adjudicating officer imposes penalty or
additional penalty, as the case may be, under
sections 37, 38, 38A or 39, the amount ofsuch penalty shall be credited to theEnvironmental Protection Fund establishedunder section 16 of the Environment(Protection) Act, 1986 (29 of 1986).
39D. Offences for failure to comply
with provisions of section 21 and for failure
to pay penalty.—(1) Whoever fails tocomply with the provisions of section 21,
shall, in respect of each such failure, bepunishable with imprisonment for a term

34

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
which shall not be less than one year andsix months but which may extend to six years
and with fine, and in case the failure
continues, with an additional fine which may
extend to fifty thousand rupees for every
day during which such failure continues
after the conviction for the first such failure.
(2) If the failure referred to in
sub-section (1) continues beyond a periodof one year after the date of conviction, theoffender shall be punishable withimprisonment for a term which shall not beless than two years but which may extend
to seven years and with fine.
(3) Where any person fails to pay thepenalty or the additional penalty, as the casemay be, imposed under the provisions of
this Act within ninety days of such
imposition, he shall be punishable withimprisonment for a term which may extend
to three years, or with fine which may extend
to twice the amount of the penalty or
additional penalty so imposed or with both.
(4) Where any offence undersub-section (1) or sub-section (2) or
sub-section (3) has been committed by acompany, every person who, at the time theoffence was committed, was directly incharge of, and was responsible to, thecompany for the conduct of the businessof the company, as well as the company,
shall be deemed to be guilty of such offenceand he shall be liable to be proceededagainst and punished accordingly:
Provided that nothing contained inthis sub-section shall render any such
person liable to any punishment provided
in sub-section (1) or sub-section (2) or
sub-section (3), if he proves that the offence
was committed without his knowledge orthat he exercised all due diligence to preventthe commission of such offence.
(5) Notwithstanding anything
contained in sub-section (4), where an
offence has been committed by a company
and it is proved that the offence has beencommitted with the consent or connivanceof, or is attributable to any neglect on thepart of, any director, manager, secretary orother officer of the company, such director,
manager, secretary or other officer shall also

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

35

(5)
be deemed to be guilty of that offence andshall be liable to be proceeded against andpunished accordingly.
Explanation.—For the purposes ofthis section,—(a) "company" includes body
corporate, firm, trust, society and anyother association of individuals;(b) "director" includes directorof the company, partner of the firm,
members of the society or trust or
member of any association ofindividuals, as the case may be.'.
(D) In section 43, in sub-section (1), after
clause (a), the following clause shall be inserted,
namely:—"(aa) the adjudicating officer or any
officer authorised by him in this behalf; or".
(E) In section 53, in sub-section (1), after
clause (g), the following clause shall be inserted,
namely:—"(h) the manner of holding inquiry
and imposing penalties by the adjudicating
officer under sub-section (1) of section 39A.".

22.

1981

61

In section 56, for sub-section (2), the
The National Bank
following sub-sections shall be substituted,
for Agriculture
namely:—and Rural
Development
Act, 1981"(2) If any person fails to produce any
book, account or other document, or tofurnish any statement or information which,under the provisions of this Act, it is his
duty to produce or furnish, he shall be liable
to penalty which may extend to one lakh
fifty thousand rupees in respect of eachfailure and in the case of a continuing
failure, an additional penalty which may
extend to seven thousand five hundred
rupees for every day during which the failure
continues after the first such failure.
(3) For the purpose of adjudging
penalty under sub-section (2), the National
Bank shall serve notice on the person
requiring it to show cause why the amountspecified in the notice should not be
imposed as a penalty and a reasonable
opportunity of being heard shall also begiven to such person.
(4) Any penalty imposed by the
National Bank under this section shall be

36

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
payable within a period of fourteen days
from the date on which notice issued by
the National Bank demanding payment of
the sum is served on the person and, in theevent of failure of the person to pay thesum within such period, may be levied on a
direction made by the principal civil court
having jurisdiction in the area where theperson is situated:
Provided that no such direction shallbe made except on an application made to
the court by the National Bank or by any
officer authorised by the National Bank inthis behalf.
(5) The court which makes a direction
under sub-section (4) shall issue acertificate specifying the sum payable by
the person and every such certificate shallbe enforceable in the same manner as if itwere a decree made by the court in a civil
suit.
(6) No complaint shall be filed against
any person in any court relating to any
contravention or default in respect of which
any penalty has been imposed by the
National Bank under sub-section (2).
(7) Where any complaint has been
filed against any person in any court inrespect of the contravention or default of
the nature referred to in sub-section (1),then, no proceedings for the imposition of
any penalty on the person shall be initiatedunder sub-section (2).".

23.

1986

10

The Spices
Board Act, 1986

(A) In section 26, for the words"punishable with fine which may extend to
five hundred rupees", the words "liable topenalty which may extend to fifty thousand
rupees and for subsequent failure, penalty
which may extend to one lakh rupees" shallbe substituted.
(B) In section 27, in the long line, for
the words "punishable with imprisonment
which may extend to six months, or withfine which may extend to one thousand
rupees, or with both", the words "liable topenalty which may extend to fifty thousand
rupees and for subsequent contravention
penalty which may extend to one lakhrupees" shall be substituted.

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

37

(5)
(C) Section 28 shall be omitted.
(D) In section 29, for the words"punishable with imprisonment for a term
which may extend to one year, or with finewhich may extend to one thousand rupees,
or with both", the words "liable to penalty
which may extend to fifty thousand rupees
and for subsequent contravention penalty
which may extend to one lakh rupees" shallbe substituted.
(E) In section 30, for the words"punishable with imprisonment which may
extend to six months, or with fine which may
extend to one thousand rupees, or with both,and in the case of a continuing
contravention with an additional fine which
may extend to fifty rupees for every day
during which such contravention continues
after conviction for the first suchcontravention", the words "liable to penalty
which may extend to fifty thousand rupees
and for subsequent contravention penalty
which may extend to one lakh rupees" shallbe substituted.
(F) After section 30, the following
section shall be inserted, namely:—"30A. Adjudication of penalties.—(1)For the purposes of adjudging the penalties
under sections 26, 27, 29 and 30, theSecretary to the Board shall appoint an
officer not below the rank of Director in the
Board or any other officer authorised by
the Central Government, as the case may
be, to be an adjudicating officer for holding
an inquiry and imposing penalty in themanner as may be prescribed, after giving
any person concerned a reasonable
opportunity of being heard.
(2) Whoever is aggrieved by any
order of the adjudicating officer may preferan appeal to the Secretary to the Board,
within a period of sixty days from the dateof receipt of such order in such form andmanner as may be prescribed.
(3) An appeal may be admitted after
the expiry of the period of sixty days if theappellant satisfies the Secretary to theBoard that he had sufficient cause for notpreferring the appeal within that period.

38

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)(4) No appeal shall be disposed ofunless the appellant has been given a
reasonable opportunity of being heard.
(5) An appeal under sub-section (2)shall be disposed of within sixty days fromthe date of filing.
(6) The amount of penalty imposed
under sub-section (1), if not paid, shall berecovered as an arrear of land revenue.".
(G) In section 38, in sub-section (2),after clause (m), the following clauses shallbe inserted, namely:—"(ma) the manner of holding inquiry
and imposing penalty under sub-section (1)of section 30A;(mb) the form and manner of preferring
appeal under sub-section (2) of section
30A;".

24.

1986

29

The Environment(Protection)
Act, 1986(A) In section 2, after clause (c), thefollowing clause shall be inserted,
namely:—'(ca)"Fund"meanstheEnvironmental Protection Fund establishedunder section 16;'.
(B) In section 10, for sub-sections (2)to (4), the following sub-sections shall be
substituted, namely:—"(2) Every person carrying on any
industry, operation or process of handlingany hazardous substance shall renderassistance, as may be required, to the person
empowered by the Central Government
under sub-section (1) for carrying out thefunctions under that sub-section and if hefails to do so without any reasonable cause,
he shall be liable to penalty provided under
section 14B.
(3) If any person willfully delays or
obstructs any person empowered by theCentral Government under sub-section (1)in the performance of his functions undersub-sections (1) or (2), he shall be liable topenalty provided under section 14B.
(4) The provisions of the Code of
Criminal Procedure, 1973 (2 of 1974), shall,so far as may be, apply to any search or
seizures under this section as they apply toSEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

39

(5)
any search or seizures made under theauthority of a warrant issued under section
94 of that Code.".
(C) After section 14, the following
sections shall be inserted, namely:—"14A. Penalty for contravention ofsection 7 or section 8.—(1) If any person,
contravenes provisions of section 7 or
section 8 or the rules made thereunder, heshall be liable to penalty in respect of eachsuch contravention, which shall not be lessthan one lakh rupees but which may extend
to fifteen lakh rupees.
(2) Where any person continues
contravention under sub-section (1), heshall be liable to additional penalty of fifty
thousand rupees for every day during
which such contravention continues.
14B. Penalty for contravention ofsections 9, 10 and 11.—(1) If any person
contravenes or does not comply with theprovisions of section 9, section 10 or
section 11 or orders or directions issued
under those sections, he shall be liable topenalty in respect of each suchcontravention which shall not be less thanten thousand rupees but which may extend
to five lakh rupees.
(2) Where any person continues
contravention under sub-section (1), heshall be liable to additional penalty of ten
thousand rupees for every day during
which such contravention continues.".
(D) For sections 15 to 17, the following
shall be substituted, namely:—'15. Penalty for contravention ofprovisions of Act, rules, orders anddirections.—(1) Where any person
contravenes or does not comply with anyof the provisions of this Act or the rules
made or orders or directions issued
thereunder for which no penalty is provided,
he shall be liable to penalty in respect ofeach such contravention which shall not
be less than ten thousand rupees but which
may extend to fifteen lakh rupees.
(2) Where any person continues
contravention under sub-section (1), heshall be liable to additional penalty of

40

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
ten thousand rupees for every day during
which such contravention continues.
15A. Penalty for contravention bycompanies.—(1) Where any company
contravenes any of the provisions of thisAct, the company shall be liable to penalty
for each such contravention which shall not
be less than one lakh rupees but which may
extend to fifteen lakh rupees.
(2) Where any company continues
contravention under sub-section (1), thecompany shall be liable to additional penalty
of one lakh rupees for every day during
which such contravention continues.
15B. Penalty for contravention by
Government Department.—(1) Where
contravention of any of the provision ofthis Act has been committed by any
Department of the Central Government or
the State Government, the Head of the
Department shall be liable to penalty equal
to one month of his basic salary:
Provided that he shall not be liable
for such contravention, if he proves thatthe contravention was committed without
his knowledge or instructions or that heexercised all due diligence to prevent suchcontravention.
(2) Where any contravention undersub-section (1) is attributable to any neglect
on the part of, any officer, other than the
Head of the Department, the officer shall be
liable to penalty equal to one month of his
basic salary:
Provided that he shall not be liable
for the contravention, if he proves that heexercised all due diligence to avoid suchcontravention.
15C. Adjudicating officer.—(1) The
Central Government, for the purposes ofdetermining the penalties under this Act,may appoint an officer not below the rankof Joint Secretary to the Government ofIndia or a Secretary to the State Government
to be the adjudicating officer, to hold an
inquiry and to impose penalty in the manner,as may be prescribed:
Provided that the Central Government
may appoint as many adjudicating officers
as may be required.

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

41

(5)
(2) The adjudicating officer may—(a) call upon any person alleged tohave contravened or not complied with theprovisions of this Act and the rules madethereunder or having the knowledge of thefacts and circumstances of the case;(b) require such person to produce
any record, register or other document in
his possession or any other document,
which in the opinion of the adjudicating
officer may be relevant to the subject-matter.
(3) The adjudicating officer shall, after
giving the person a reasonable opportunityof being heard in the matter, and if, on suchinquiry, he is satisfied that the person
concerned has contravened or has notcomplied with the provisions of this Act or
the rules made thereunder, he may impose
such penalty as he thinks fit in accordancewith the provisions of sections 14A, 14B,
15, 15A or section 15B, as the case may be.
(4) The adjudicating officer, while
adjudicating the quantum of penalty undersub-section (3), shall have due regard to
the following, namely:—(a) the population and the area
impacted or affected due to suchcontravention or non-compliance;(b) the frequency and durationof such contravention or
non-compliance;(c) the vulnerability of the classof persons likely to be adversely
affected by such contravention or
non-compliance;(d) the damage caused or likely
to be caused to any person, as a resultof such contravention or
non-compliance, if any;(e) the undue gain derived outof such contravention or
non-compliance; and(f) such other factor, as may beprescribed.
(5) The amount of penalty imposed
under the provisions of sections 14A, 14B,
15, 15A or 15B, as the case may be, shall be

42

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—(5)
in addition to the liability to pay relief orcompensation under section 15 read withsection 17 of the National Green Tribunal
Act, 2010 (19 of 2010).
15D. Appeal.—(1) Whoever
aggrieved by the order, passed by the
adjudicating officer under this Act may
prefer an appeal to the National Green
Tribunal established under section 3 of the
National Green Tribunal Act, 2010(19 of 2010).
(2)
Every
appealunder
sub-section (1) shall be filed within sixty
days from the date on which the copy ofthe order made by the adjudicating officer
is received by the aggrieved person.
(3) The Tribunal may, after giving
the parties to the appeal an opportunity of
being heard, pass such order as it thinks fit,
confirming, modifying or setting aside theorder appealed against.
(4) Where an appeal is preferredagainst any order of the adjudicating officer
under sub-section (1), such appeal shall not
be entertained by the Tribunal unless such
person has deposited with the Tribunal ten
per cent. of the amount of the penalty
imposed by the adjudicating officer.
15E. Penalty amount to be credited toEnvironmental Protection Fund.—Whereany penalty or additional penalty, as thecase may be, is imposed under
sections 14A, 14B, 15, 15A or section 15B,
the amount of the penalty shall be credited
to the Environmental Protection Fundestablished under section 16.
15F. Offence for failure to pay penalty
or additional penalty.—(1) Where any
person fails to pay the penalty or additional
penalty, as the case may be, under sections
14A, 14B, 15, 15A or section 15B within
ninety days of such imposition, he shall be
liable for imprisonment which may extend
to three years or with fine which may extend
to twice the amount of the penalty or withboth.
(2) Where any offence undersub-section (1) has been committed by acompany, every person who, at the time theSEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

43

(5)
offence was committed, was directly incharge of, and was responsible to, thecompany for the conduct of the businessof the company, as well as the company,
shall be deemed to be guilty of offence andhe shall be liable to be proceeded against
and punished accordingly:
Provided that nothing contained inthis sub-section shall render any person
liable to any punishment provided in
sub-section (1), if he proves that the offence
was committed without his knowledge orthat he exercised all due diligence to preventthe commission of such offence.
(3) Notwithstanding anything
contained in sub-section (2), where an
offence has been committed by a company
and it is proved that the offence has beencommitted with the consent or connivanceof, or is attributable to any neglect on thepart of, any director, manager, secretary orother officer of the company, such director,
manager, secretary or other officer shall also
be deemed to be guilty of that offence andshall be liable to be proceeded against andpunished accordingly.
Explanation.—For the purposes ofthis section,—(a) "company" includes body
corporate, firm, trust, society and anyother association of individuals;(b) "director" includes directorof the company, partner of the firm,
members of the society or trust or
member of any association ofindividuals, as the case may be.'.
(E) After Chapter III, the following
Chapter shall be inserted, namely:—"CHAPTER IIIA
FUND, ACCOUNTS AND AUDIT
16. Environmental Protection Fund.—(1) The Central Government may, by
notification in the Official Gazette, establish
a fund to be known as the Environmental
Protection Fund.
(2) There shall be credited to the
Fund—

44

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—(5)(a) the amount of penalty
imposed under the Air (Prevention
and Control of Pollution) Act, 1981
(14 of 1981), and under this Act;(b) the interest or other income
received out of investments madefrom the Fund; and(c) any other amount from such
sources, as may be prescribed.
(3) The Fund shall be applied for—(a) the promotion of awareness,
education and research for theprotection of environment;(b) the expenses for achieving
the objects and for purposes of theAir (Prevention and Control of
Pollution) Act, 1981(14 of 1981) andunder this Act;(c) such other purposes, as may
be prescribed.
(4) The Central Government shallnotify the administrator for theadministration of the Fund and other mattersconnected therewith and incidental thereto
in such manner, as may be prescribed.
(5) The Central Government shallallocate seventy-five per cent. of the amountof penalties to the State Governments orUnion territory administrations, which has
been credited to the Fund.
16A. Accounts and audit of Fund.—(1) The Central Government shall maintainseparate accounts and other relevant
records in relation to the Environmental
Protection Fund and prepare an annual
statement of accounts in such form, as may
be prescribed, in consultation with theComptroller and Auditor-General of India.
(2) The accounts of the Fund shall be
audited by the Comptroller and AuditorGeneral of India at such intervals as may be
specified by him and such audited accounts
together with the audit report thereon shallbe forwarded annually to the Central
Government.
16B. Annual report.—The Central
Government shall prepare its annual reportin relation to Environmental Protection Fund

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

45

(5)
giving a full account of its activities defined
under this Act in such form, as may beprescribed, for each financial year during
the previous financial year, and shall be laid
before each House of Parliament along withaudit report given by the Comptroller and
Auditor-General of India.".
(F) In section 19, after clause (a), thefollowing clause shall be inserted,
namely:—"(aa) adjudicating officer or any
officer authorised by him in this behalf;".
(G) For section 24, the following
section shall be substituted, namely:—"24. Effect of other laws.—Theprovisions of this Act and the rules or orders
made thereunder shall have effectnotwithstanding anything inconsistent
therewith contained in any other law for thetime being in force.".
(H) In section 25, in sub-section (2),after clause (g), the following clauses shallbe inserted, namely:—"(ga) the manner of holding inquiry
and imposing penalty by the adjudicating
officer under sub-section (1) and otherfactors for determining quantum of penalty
under clause (f) of sub-section (4) ofsection 15C;
(gb) the other amount under clause (c)of sub-section (2) of section 16;(gc) the other purposes underclause (c) of sub-section (3) of section 16;(gd) the manner of administration ofFund under sub-section (4) of section 16;(ge) form for maintenance of accountsof the Fund and for preparation of annual
statementofaccounts
under
sub-section (1) of section 16A;
(gf) form for preparing annual reportof the Fund under section 16B;".

25.

1987

53

The National
Housing Bank
Act, 1987(A) After section 33B, the following
section shall be inserted, namely:—"33C. Power to take action against
auditors.—Where any auditor fails tocomply with any direction given or ordermade by the National Housing Bank or the

46

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
Reserve Bank under section 33, the Reserve
Bank may, after giving a reasonable
opportunity of being heard, remove or debar
the auditor from exercising the duties asauditor of any of the Reserve Bank regulated
entities for a maximum period of three years,
at a time.".
(B) In section 49,—(i) sub-sections (2) and (2B)
shall be omitted;(ii) in sub-section (3), clause(aa) shall be omitted;(iii) sub-section (4) shall beomitted.
(C) In section 52A,—(I) in the marginal heading, for theword "fine", the word "penalty" shall be
substituted;(II) in sub-section (1),—(i) in clause (a), for the words"five thousand", the words "twentyfive thousand" shall be substituted;(ii) in clause (b),—(a) the words, brackets
and letters "or clause (aa)"shall be omitted;(b) for the words "fivelakh", the words "ten lakh"shall be substituted;(c) for the words"twenty-five thousand", thewords "one lakh" shall be
substituted;(III) after sub-section (1), thefollowing sub-sections shall be inserted,
namely:—"(1A) If any person or housing
finance institution which is a company
fails to produce any book, account orother document, or to furnish any
statement or information, which,under the provisions of this Act, isthe duty of such person or housing
finance institution to produce orfurnish, the National Housing Bankor the Reserve Bank, as the case may

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

47

(5)
be, may impose on such person or
housing finance institution, a penalty
not exceeding one lakh fifty thousand
rupees in respect of eachcontravention or default and wheresuch contravention or default is acontinuing one, further penalty which
may extend to seven thousand five
hundred rupees for every day, after
the first, during which thecontravention or default continues.
(1B) If any auditor fails tocomply with any direction given ororder made by the National Housing
Bank or the Reserve Bank under
section 33, the National Housing Bankor the Reserve Bank, as the case may
be, may impose on such person apenalty not exceeding ten lakh rupees.
(1C) If any person (other thanan auditor) or housing financeinstitution which is a company fails
to comply with any direction given ororder made by the National Housing
Bank or the Reserve Bank under anyof the provisions of Chapter V, theNational Housing Bank or theReserve Bank, as the case may be,
may impose on such person or
housing finance institution, a penalty
not exceeding ten lakh rupees or twice
the amount involved in suchcontravention or default, where theamount is quantifiable, whichever ismore; and where such contravention
or default is a continuing one, further
penalty which may extend to one lakhrupees for every day, after the first,
during which the contravention or
default continues.
(1D) If any other provision ofthis Act is contravened or if any
default is made in complying with anyother requirement of this Act, or of
any order, regulation or direction madeor given or condition imposed
thereunder, the National Housing
Bank or the Reserve Bank, as the casemay be, may impose on any person
or housing finance institution which
is a company, guilty of suchcontravention or default, a penalty

48

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—(5)
not exceeding one lakh rupees inrespect of each contravention or
default and where such contravention
or default is a continuing one, further
penalty which may extend to ten
thousand rupees for every day, after
the first, during which thecontravention or default continues.";(IV) in sub-section (2),—(i) for the word, brackets andfigure "sub-section (1)", the words"this section" shall be substituted;(ii) for the words "housing
finance institution" at both the places
where they occur, the words "person
or housing finance institution" shallbe substituted;(V) in sub-section (3),—(i) for the words "served on the
housing finance institution", thewords "served on the person or
housing finance institution" shall be
substituted;(ii) for the words "failure ofsuch housing finance institution", thewords "failure of such person or
housing finance institution" shall be
substituted;(iii) for the words "the area
where the registered office", thewords "the area where such person
ordinarily resides or, as the case may
be, the registered office" shall be
substituted;(VI) in sub-section (4), after the words"payable by the", the words "person or"
shall be inserted.

26.

1988

59

The Motor
Vehicles Act,
1988

(A) In section 192A, in subsection (1),—(i) for the words "and a fine often thousand rupees", the words "afine of ten thousand rupees, or withboth" shall be substituted;(ii) the proviso shall be omitted.
(B) In section 200, for sub-section (1),the following sub-section shall be
substituted, namely:—SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

49

(5)
"(1) Any offence whether committed
before or after the commencement of thisAct punishable under section 177, section
177A, section 178, section 179, section 180,
section 181, section 182, sub-section (1) or
sub-section (3) or sub-section (4) of section
182A, section 182B, sub-section (1) or
sub-section (2) of section 183, clause (c) of
the Explanation to section 184, section 186,
section 189, sub-section (2) of section 190,
section 192, section 192A, sub-section (3)of section 192B, section 194, section 194A,
section 194B, section 194C, section 194D,
section 194E, section 194F, section 196,
section 198 and section 201, may, either
before or after the institution of theprosecution, be compounded by suchofficers or authorities and for such amountas the State Government may, by
notification in the Official Gazette, specify
in this behalf.".
(C) In section 215, in sub-section (3),the following proviso shall be inserted,
namely:—"Provided that where a State
Government has not constituted the District
Road Safety Committee, the Central
Government may, by notification in the
Official Gazette, constitute a Committee forsuch District, consisting of a Chairman andsuch other members as it considers
necessary and on such terms andconditions as it may determine.".

27.

1989

24

The Railways
Act, 1989

In section 144, for sub-section (2), thefollowing sub-section shall be substituted,
namely:—"(2) No person shall be permitted tobeg in any railway carriage or upon any partof the railway.".

28.

1991

6

The Public
Liability
Insurance Act,
1991

(A) In section 2,—(i) clause (ha) shall benumbered as clause (hb) thereof andbefore clause (ha) as so renumbered,
the following clause shall be inserted,
namely:—'(ha) "property" includes any
private property or public property
affected or damaged by any unit orundertaking, due to manufacture,processing, treatment, package,

50

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
storage, transportation, use,collection, destruction, conversion,transfer or such other processes ofhazardous substance;';(ii) after clause (j), the following
clause shall be inserted, namely:—"(k) words and expressions used andnot defined in this Act but defined in theTransfer of Property Act, 1882 (4 of 1882),
and the Environment (Protection) Act,1986(29 of 1986), shall have the meanings
respectively assigned to them in those
Acts.".
(B) In section 3, for sub-section (1),the following sub-section shall be
substituted, namely:—"(1) Where death or injury to any
person (other than a workman) or damage
to any property has resulted from an
accident, the owner shall be liable toreimburse such amount, or provide suchother relief as may be prescribed, for—(a) death due to fatal accident;(b) medical expenses incurred
due to total or partial disability;(c) loss of wages due to partial
disability;(d) other injury or sickness;(e) damage to private property;or(f) such other loss or damage,as may be prescribed.".
(C) In section 4,—(a) for sub-section (1), the following
shall be substituted, namely:—"(1) Every owner of any undertaking
shall take out, before he starts handling any
hazardous substance, one or moreinsurance policies for such undertaking orunit providing for contracts of insurance
whereby he is insured against liability togive such relief or reimburse such amountreferred to in sub-section (1) of section 3.
Explanation.—For the purposes ofthis sub-section, it is hereby clarified thatany undertaking having separate consent
to operate under—(i) the Water (Prevention and Control
of Pollution) Act, 1974 (6 of 1974); and(ii) the Air (Prevention and Control
of Pollution) Act, 1981 (14 of 1981),

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

51

(5)
shall be treated as a separate unit:
Provided that any ownerhandling any hazardous substance
immediately
beforethecommencement of the Jan Vishwas(Amendment of Provisions) Act, 2023
shall take out such insurance policyor policies as soon as may be and inany case within a period of one year
from commencement of that Act.";(b) for sub-section (2A), the following
shall be substituted, namely:—'(2A) An insurance policy takenout or renewed by an owner for any
undertaking or unit shall be for an
amount which shall not be less than
the amount of the paid-up capital ofthat undertaking or unit handling any
hazardous substance owned orcontrolled by that owner and may
extend to such amount as may beprescribed but not exceeding five
hundred crore rupees.
Explanation.—For the purposesof this sub-section "paid-up capital",in relation to an owner not being acompany, means the market value of
all assets and stocks of theundertaking on the date of contractof insurance.'.
(D) In section 6, after sub-section (1), thefollowing sub-section shall be inserted, namely:—"(1A) Where any damage has beencaused to any public property or private
property due to manufacture, processing,treatment, package, storage, transportation,use, collection, destruction, conversion,transfer or such other processes, of suchhazardous substance, an application for
claim for restoration of the property may bemade by the owner of the property or suchother person, as may be prescribed, to theCollector.".
(E) In section 7, after sub-section (8), thefollowing sub-section shall be inserted, namely:—"(9) Where the environment isaffected or damaged due to manufacture,processing, treatment, package, storage,transportation, use, collection, destruction,
conversion, transfer or such otherprocesses, of such hazardous substance,
the Central Government may, on an

52

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
application made by the Central Pollution
Control Board or the State Pollution Control
Board, as the case may be, allocate the fundfrom the Environmental Relief Fund forrestoration of the damage so caused in themanner as may be prescribed.".
(F) In section 7A, after sub-section (1), thefollowing sub-section shall be inserted, namely:—"(1A) There shall be credited
to the Relief Fund established undersub-section (1)—(a) the amount referred to in
sub-section (2C) of section 4;(b) the amount of penalty
imposed under this Act;(c) the interest or other income
received out of investments madefrom the Fund; and(d) any other amount from such
sources, as may be prescribed.".
(G) For sections 14 and 15, the following
sections shall be substituted, namely:—"14. Penalty for contravention.— (1)Where any person contravenes any of theprovisions of sub-section (1), sub-section(2), sub-section (2A) or sub-section (2C) of
section 4, he shall be liable to penalty equal
to the amount of annual premium forinsurance policy and may extend to twice
the amount of such premium.
(2) Where contravention under subsection (1) continues, an additional penalty
may be imposed by the adjudicating officer,
which shall not exceed the amount ofpremium to be paid, for each month or part
thereof during which the contravention
continues.
15. Penalty for non-compliance of
directions.—(1) Where any person does
not comply with any direction issued under
section 12, he shall be liable to penalty whichshall not be less than ten thousand rupees
which may extend to fifteen lakh rupees.
(2) Where any person continues
non-compliance under sub-section (1), heshall be liable to additional penalty to
be imposed by the adjudicating officer,
which shall not be less than ten thousand
rupees for every day during which suchnon-compliance continues.
(3) Where any owner does notSEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

53

(5)
comply with the direction issued under
section 9 or obstructs any person indischarge of his functions under section 10
or under sub-sections (1), (2) or (3) ofsection 11, he shall be liable to penalty
which shall not be less than ten thousand
rupees but which may extend to fifteen lakhrupees.
(4) Where any person continues
non-compliance under sub-section (3), heshall be liable to additional penalty of ten
thousand rupees for every day during
which such non-compliance continues.
15A. Adjudicating officer.— (1) The
Central Government, for the purposes ofdetermining the penalties under sections 14
or 15, may appoint the District Magistrate
having jurisdiction over the area or an
officer not below the rank of Director to theGovernment of India or an officer not below
the rank of Joint Secretary to the State
Government, to be the adjudicating officer,
to hold an inquiry and impose penalty inthe manner, as may be prescribed:
Provided that the Central Government
may appoint as many adjudicating officers
as may be required.
(2) The adjudicating officer may
summon and enforce the attendance of any
person acquainted with the facts andcircumstances of the case to give evidenceor to produce any document, which in theopinion of the adjudicating officer, may be
useful for, or relevant to, the subjectmatter of the inquiry and if, on such inquiry,
he is satisfied that the person concerned
has failed to comply with the provisions of
sub-section (1), sub-section (2),sub-section (2A) or sub-section (2C) of
section 4 and section 12, he may determine
such penalty as he thinks fit under theprovisions of sections 14 and 15:
Provided that no such penalty shallbe imposed without giving the person
concerned a reasonable opportunity of
being heard.
15B. Appeal.—(1) Whoever aggrievedby the order, passed by the adjudicating
officer under section 15A, may prefer an
appeal to the National Green Tribunal
established under section 3 of the National

54

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
Green
Tribunal(19 of 2010).

Act,

2010

(2) Every appeal undersub-section (1) shall be filed within sixty
days from the date on which the copy ofthe order made by the adjudicating officer
is received by the aggrieved person.
(3) The Tribunal may, after giving theparties to the appeal an opportunity of being
heard, pass such order as it thinks fit,
confirming, modifying or setting aside theorder appealed against.
(4) Where an appeal is preferredagainst any order of the adjudicating officer
under sub-section (1), such appeal shall not
be entertained by the Tribunal unless such
person has deposited with the Tribunal ten
per cent. of the amount of the penalty
imposed by the adjudicating officer.".
(H) Section 16 shall be omitted.
(I) For section 17, the following sections
shall be substituted, namely:—'17. Penalty for contravention by
Government Department.—(1) Where
contravention of any provision of this Act
has been committed by any Department of
the Central Government or State
Government, the Head of the Department
shall be liable to penalty equal to one monthof his basic salary:
Provided that he shall not be liable
for such contravention, if he proves thatthe contravention was committed without
his knowledge or instructions or that heexercised all due diligence to prevent suchcontravention.
(2) Where any contravention undersub-section (1) is attributable to any neglect
on the part of, any officer, other than the
Head of the Department, he shall be liable
to penalty equal to one month of his basic
salary:Provided that he shall not be liable
for the contravention, if he proves that heexercised all due diligence to avoid suchcontravention.
17A. Penalty amount to be credited
to Environmental Relief Fund.—Where any
penalty or additional penalty, as the casemay be, is imposed under section 14 orSEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

55

(5)
section 15 or section 17, the amount of such
penalty shall be credited to theEnvironmental Relief Fund establishedunder section 7A.
17B. Offence for failure to pay penalty
or additional penalty.—(1) Where any
person fails to pay the penalty or additional
penalty imposed for—(a) contravention or continued
contravention under section 14 or 17,
as the case may be; or(b) non-compliance of thedirections issued under section 15,
within ninety days of such imposition, heshall be liable for imprisonment which may
extend to three years or with fine which may
extend up to fifteen lakh rupees, or withboth.
(2) Where any offence under subsection (1) has been committed by acompany, every person who, at the time theoffence was committed, was directly incharge of, and was responsible to, thecompany for the conduct of the businessof the company, as well as the company,
shall be deemed to be guilty of such offence
and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing contained inthis sub-section shall render any such
person liable to any punishment provided
in this Act, if he proves that the offence
was committed without his knowledge orthat he exercised all due diligence to preventthe commission of such offence.
(3) Notwithstanding anything
contained in sub-section (2), where an
offence under this Act has been committed
by a company and it is proved that theoffence has been committed with theconsent or connivance of, or is attributable
to any neglect on the part of, any director,
manager, secretary or other officer of thecompany, such director, manager, secretaryor other officer shall also be deemed to be
guilty of that offence and shall be liable tobe proceeded against and punishedaccordingly.
Explanation.—For the purposes ofthis section,—(a) "company" means any body

56

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—(5)
corporate and includes a firm or otherassociation of individuals;(b) "director" includes directorof the company and in relation to afirm, a partner in the firm.'.
(J) In section 23, in sub-section (2),—(i) for clause (a), the following clauseshall be substituted, namely:—"(a) such amount under subsection (2A) of section 4;";(ii) after clause (e), the following
clauses shall be substituted, namely:—"(ea) amount or relief and anyother loss or damage under subsection (1) of section 3;(eb) such other person undersub-section (1A) of section 6;(ec) manner of allocation offund for restoration of damage undersub-section (9) of section 7;(ed) any other amount fromother sources under clause (d) of subsection (1A) of section 7A;(ee) manner of holding inquiry
and imposing penalty under subsection (1) of section 15A;".
(K) The Schedule shall be omitted.

29.

1995

7

The Cable
Television
Networks(Regulation)
Act, 1995(A) For CHAPTER IV, the following
CHAPTER shall be substituted, namely:—"CHAPTER IVPENALTIES
16. Penalty for contravention ofprovisions of this Act.—(1) Whoever
contravenes any of the provisions of thisAct shall be liable,—(a) for the first contravention
with advisory, or censure, or warning,or a penalty which may extend to
twenty thousand rupees, or with
both;(b) for every subsequent
contravention within a period of three
years, with advisory, or censure, or
warning, or a penalty which may
extend to one lakh rupees, or withboth,
by such designated officer, as may beprescribed.

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

57

(5)
(2) The designated officer, may, forthe reasons to be recorded in writing, byorder, impose penalty referred to in subsection (1):Provided that in cases of more than
three contraventions over a period of three
years, the designated officer, in addition topenalty referred to in sub-section (1), may,for the reasons to be recorded in writing, byorder, suspend or revoke the registration
granted:Provided further that no order by thedesignated officer under this sub-section
shall be made without giving a reasonable
opportunity of being heard.
(3) Whoever aggrieved by the ordermade under sub-section (2), may prefer an
appeal to the Secretary to the Governmentof India or such other officer authorised byhim:
Provided that no such appeal shallbe admissible after the expiry of thirty days
from the date of receipt of such order:
Provided further that an appeal may
be entertained after the expiry of the periodof thirty days, if he is satisfied that theappellant was prevented by sufficient causefrom preferring the appeal in time.".
(B) In section 22, in sub-section (2), after
clause (da), the following clause shall be inserted,
namely:—"(db) the designated officer undersub-section (1) of section 16;".

30.

1999

47

The Trade Marks
Act, 1999(A) Section 106 shall be omitted.
(B) In section 107, in sub-section (2), for
the words "punishable with imprisonment for aterm which may extend to three years, or with fine,or with both", the words "liable to penalty of asum equal to one half per cent. of the total sales orturnover, as the case may be, in business or of thegross receipts in profession, as computed in theaudited accounts of such person, or a sum equal
to five lakh rupees, whichever is less" shall be
substituted.
(C) Sections 108 and 109 shall be omitted.
(D) After section 112, the following section
shall be inserted, namely:—"112A. Adjudication of penalties.—
The Registrar may, by an order, authorise
an officer referred to in section 3, to be
adjudicating officer for holding an inquiry

58

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—(5)
and imposing penalty under the provisionsof this Act, in the manner as may beprescribed, after giving a reasonable
opportunity of being heard.
112B. Appeal.—(1) Whoever
aggrieved by an order of the adjudicating
officer under section 112A may prefer an
appeal to the appellate authority, who shallbe an officer at least one rank above theadjudicating officer, within a period of sixty
days from the date of receipt of the order, as
the Central Government may by notification
authorise in this behalf.
(2) Every appeal under this section
shall be preferred in such form and manneras may be prescribed.
(3) An appeal may be admitted after
the expiry of the period of sixty days if theappellant satisfies the appellate authoritythat he had sufficient cause for notpreferring the appeal within that period.
(4) No appeal shall be disposed ofunless the appellant has been given a
reasonable opportunity of being heard.
(5) The appellate authority referred
to in sub-section (1) shall dispose of theappeal within sixty days from the date offiling.
(6) Notwithstanding anything
contained in this Act, if the person fails tocomply with the order of the adjudicating
officer under section 112A or the order of
the appellate authority under this section,
as the case may be, within ninety days ofsuch order, he shall, in addition to thepenalty, be punishable with fine of one lakhrupees or imprisonment for a term which
may extend to one year, or with both.".
(E) In section 140, for sub-section (3), thefollowing sub-section shall be substituted,
namely:—"(3) The importer or his agent shall,
within fourteen days, comply with therequirement as aforesaid, and if he fails to
do so, he shall be liable to penalty of ten
thousand rupees:
Provided that the penalty under thissection shall be levied and recovered bysuch authority under the Customs Act, 1962(52 of 1962) for this purpose.".

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

59

(5)
(F) In section 157, in sub-section (2), after
clause (xxxiii), the following clauses shall beinserted, namely:—"(xxxiiia) the manner of holding
inquiry and imposing penalty under section
112A;(xxxiiib) the form and manner ofpreferring appeal under sub-section (2) ofsection 112B; ".

31.

1999

48

(A) After section 37, the following sections
The Geographicalshall be inserted, namely:—
Indications of
Goods"37A. Adjudication of penalties.—(Registration and
The Registrar may, by an order, authorise
Protection)
an officer referred to in section 3, to be
Act, 1999
adjudicating officer for holding an inquiry
and imposing penalty under the provisionsof this Act, in the manner as may beprescribed, after giving a reasonable
opportunity of being heard.
37B. Appeal.—(1) Whoever
aggrieved by an order of the adjudicating
officer under section 37A may prefer an
appeal to the appellate authority, who shallbe an officer at least one rank above theadjudicating officer, within a period of sixty
days from the date of receipt of the order, as
the Central Government may by notification
authorise in this behalf.
(2) Every appeal under this section
shall be preferred in such form and manneras may be prescribed.
(3) An appeal may be admitted after
the expiry of the period of sixty days if theappellant satisfies the appellate authoritythat he had sufficient cause for notpreferring the appeal within that period.
(4) No appeal shall be disposed ofunless the appellant has been given a
reasonable opportunity of being heard.
(5) The appellate authority referred toin sub-section (1) shall dispose of theappeal within sixty days from the date offiling.
(6) Notwithstanding anything
contained in this Act, if the person fails tocomply with the order of the adjudicating
officer under section 37A or the order of theappellate authority under this section, as
the case may be, within ninety days of such

60

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)order, he shall, in addition to the penalty, bepunishable with fine of one lakh rupees or
imprisonment for a term which may extend
to one year, or with both.".
(B) In section 42, in sub-section (2), for thewords "punishable with imprisonment for a term
which may extend to three years, or with fine, orwith both", the words "liable to penalty of a sum
equal to one-half per cent. of the total sales orturnover, as the case may be, in business or of thegross receipts in profession as computed in theaudited accounts of such person, or a sum equal
to five lakh rupees, whichever is less" shall be
substituted.
(C) Sections 43 and 44 shall be omitted.
(D) In section 87, in sub-section (2), after
clause (o), the following clauses shall be inserted,
namely:—"(oa) the manner of holding inquiry
and imposing penalty under section 37A;(ob) the form and manner of preferring
appeal under sub-section (2) of section
37B;".

32.

2000

21

The Information
Technology
Act, 2000(A) In section 33, in sub-section (2), for thewords "punished with imprisonment which may
extend up to six months or a fine which may extend
up to ten thousand rupees or with both", the words"liable to penalty which may extend to five lakhrupees" shall be substituted.
(B) In section 44,—(i) in clause (a), for the words "onelakh and fifty thousand", the words "fifteenlakh" shall be substituted;(ii) in clause (b), for the words "fivethousand", the words "fifty thousand" shallbe substituted;(iii) in clause (c), for the words "tenthousand", the words "one lakh" shall be
substituted.
(C) In section 45,—(i) for the words "rules orregulations", the words "rules,
regulations, directions or orders" shallbe substituted;(ii) for the words "compensation
not exceeding twenty-five thousand
rupees to the person affected by suchcontravention or a penalty not exceeding
twenty-five thousand rupees", thefollowing shall be substituted, namely:—SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

61

(5)
"penalty not exceeding one
lakh rupees, in addition tocompensation to the person affectedby such contravention notexceeding—(a) ten lakh rupees, by anintermediary, company or body
corporate; or(b) one lakh rupees, by anyother person.".
(D) In section 46,—(i) in sub-section (1), for the words"under this Chapter", the words "under
this Act" shall be substituted;(ii) in sub-section (1A), the words"injury or" at both the places where theyoccur shall be omitted.
(E) Section 66A shall be omitted.
(F) In section 67C, in sub-section (2), for
the words "punished with an imprisonment for aterm which may extend to three years and also be
liable to fine", the words "liable to penalty which
may extend to twenty-five lakh rupees" shall be
substituted.
(G) In section 68, in sub-section (2), for thewords "on conviction to imprisonment for a term
not exceeding two years or a fine not exceeding
one lakh rupees or with both", the words "topenalty which may extend to twenty-five lakhrupees" shall be substituted.
(H) In section 69B, in sub-section (4), for
the words "three years and shall also be liable tofine", the words "one year or shall be liable to finewhich may extend to one crore rupees, or withboth" shall be substituted.
(I) In section 70B, in sub-section (7), for thewords "one lakh", the words "one crore" shall be
substituted.
(J) In section 72, for the words "punishedwith imprisonment for a term which may extend to
two years, or with fine which may extend to one
lakh rupees, or with both", the words "liable topenalty which may extend to five lakh rupees"
shall be substituted.
(K) In section 72A,—(i) in the marginal heading, for theword "Punishment", the word "Penalty"
shall be substituted;(ii) for the words "punished withimprisonment for a term which may

62

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)extend to three years, or with fine which
may extend to five lakh rupees, or withboth", the words "liable to penalty which
may extend to twenty-five lakh rupees"
shall be substituted.

33.

2002

60

The Metro
Railways(Operation and
Maintenance)
Act, 2002(A) In section 6, in sub-section (2), after
clause (g), the following clause shall be inserted,
namely:—"(ga) levy and collect penalties under
this Act;".
(B) In section 59, in sub-section (2),—(i) for the words "punishable with finewhich may extend to two hundred and fifty
rupees", the words "liable to penalty which
may extend to ten thousand rupees" shallbe substituted;(ii) for the words "five hundred
rupees", the words "ten thousand rupees"
shall be substituted.
(C) In section 63, for the words "after being
warned by any metro railway official to desist, heshall be punishable with imprisonment for a term
which may extend to one month, or with fine which
may extend to fifty rupees, or with both", the words"he shall be liable to penalty which may extend to
five thousand rupees" shall be substituted.
(D) In section 65, in the long line, for thewords "five years, or with fine which may extend
to six thousand rupees, or with both", the words"two years, or with fine which may extend to thirty
thousand rupees, or with both" shall be
substituted.
(E) In section 69, for sub-section (4), thefollowing sub-section shall be substituted,
namely:—"(4) If any passenger liable to pay theexcess charge and fare mentioned in subsection (1), or the excess charge and any
difference of fare mentioned in
sub-section (2), fails or refuses to pay thesame on a demand being made therefor, any
metro railway official authorised by the
metro railway administration in this behalf
may apply to any Metropolitan Magistrateor, as the case may be, Judicial Magistrateof the first class, for the recovery of thesum payable as if it were a fine.".
(F) For section 70, the following section shallbe substituted, namely:—"70. Needlessly interfering with meansof communication in a train.— If any

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

63

(5)
passenger or any other person without
reasonable and sufficient cause makes useof, or interferes with, any means provided
by the metro railway administration in a
metro railway for communication between
passengers and metro railway official in
charge of the metro railway or misuses alarmbell or emergency stop push or emergency
trip system or emergency call point of themetro railway, he shall be liable to penalty
which may extend to ten thousand rupees.".
(G) Section 80 shall be omitted.
(H) In section 82, in sub-section (1), for thewords and figures "sections 65 to 79", the words
and figures "sections 65 to 68, 71 to 79" shall be
substituted.

34.

2003

15

The Preventionof Moneylaundering
Act, 2002

In THE SCHEDULE, in PART A,—(i) for PARAGRAPH 21, thefollowing PARAGRAPH shall be
substituted, namely:—"PARAGRAPH 21
OFFENCES UNDER THE TRADE MARKS ACT, 1999
(47 OF 1999)
SectionDescription of offence
103
Penalty for applying false trademarks,
trade descriptions, etc.
104

105
120

Penalty for selling goods or providing
services to which false trademark or
false trade description is applied.
Enhanced penalty on second or
subsequent conviction.
Punishment of abetment in India ofacts done out of India.";(ii) for PARAGRAPH 22, thefollowing PARAGRAPH shall be
substituted, namely:—"PARAGRAPH 22
OFFENCES UNDER THE INFORMATIONTECHNOLOGY ACT, 2000
(21 OF 2000)
Section Description of offence
75

Act to apply for offence orcontravention committed
outside India.";(iii) PARAGRAPH 25 shall beomitted;(iv) PARAGRAPH 27 shall beomitted.

64

THE GAZETTE OF INDIA EXTRAORDINARY

(1)

(2)

(3)

35.

2006

34

(4)

[PART II—

(5)(A) In section 59, in clause (i), for the words
The Food Safety"imprisonment for a term which may extend to six
and Standards
months and also with fine which may extend to
Act, 2006
one lakh rupees", the words "imprisonment for aterm which may extend to three months and alsowith fine which may extend to three lakh rupees"
shall be substituted.
(B) In section 61,—(i) in the marginal heading, for theword "Punishment", the word "Penalty"
shall be substituted;(ii) for the words "punishable withimprisonment for a term which may extend
to three months and also with fine which
may extend to two lakh rupees", the words"liable to penalty which may extend to ten
lakh rupees" shall be substituted.
(C) In section 63,—(i) in the marginal heading, for theword "Punishment", the word "Penalty"
shall be substituted;(ii) for the words "punishable withimprisonment for a term which may extend
to six months and also with a fine which
may extend to five lakh rupees", the words"liable to penalty which may extend to ten
lakh rupees" shall be substituted.

36.

2006

38

The Government
Securities
Act, 2006

In section 30,—(i) in sub-section (1), for the words"he shall be punishable with imprisonment
for a term which may extend to six months,
or with fine, or with both", the words "theBank may impose a penalty not exceeding
five lakh rupees or twice the amountinvolved in such contravention, where theamount is quantifiable, whichever ishigher, and where such contravention is acontinuing one, with a further penalty, which
may extend to five thousand rupees forevery day after first day during which thecontravention continues" shall be
substituted;(ii) sub-section (2) shall be omitted.

37.

2006

41

The Cantonments
Act, 2006(A) Section 156 shall be omitted.
(B) In section 185, for sub-section (1), thefollowing sub-section shall be substituted,
namely:—"(1) No person employed in any
essential service under a Board in a

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

65

(5)
cantonment shall, in the absence of any
contract, resign without reasonable cause
or absent himself from duty without proper
authority and in case of such resignation orabsence from duty, disciplinary proceedings
shall be initiated against him in accordancewith such procedure as may be prescribed.".
(C) Section 286 shall be omitted.
(D) For section 287, the following section
shall be substituted, namely:—"287. Arrest of persons, seizure andconfiscation of things for offences under
section 285.—(1) Notwithstanding anything
contained in the Code of Criminal Procedure,
1973 (2 of 1974), any police officer or excise
officer may, without an order from a Judicial
Magistrate, and without a warrant, arrest
any person who commits an offence under
section 285 and may seize and detain any
spirituous liquor or intoxicating drug inrespect of which an offence under section
285 has been committed and any vessels orcoverings in which the liquor or drug iscontained.
(2) Where a person accused of an
offence under section 285 has beenpreviously convicted of an offence underthat section, an officer in charge of a police
station may, with the written permission of
a Judicial Magistrate, seize and detain any
spirituous liquor or intoxicating drug within
the cantonment or within any limits defined
under that section which, at the time of thealleged commission of the subsequent
offence, belonged to, or was in thepossession of, such person.
(3) The court convicting a person of
an offence under section 285 may order theconfiscation of the whole or any part ofanything seized under sub-section (1) or
sub-section (2).
(4) Subject to the provisions of
Chapter XXXIV of the Code of Criminal
Procedure, 1973 (2 of 1974) anything, seizedunder sub-section (1) or sub-section (2)and not confiscated under sub-section (3)shall be restored to the person from whom
it was taken.".
(E) In section 289, sub-section (5) shall beomitted.

66(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)(F) In section 314, in the proviso, inclause (a), the words, letter and figures "in thecase of breach of any such provisions as is
specified in Part B of Schedule IV," shall be omitted.
(G) For SCHEDULE IV, the following
SCHEDULE shall be substituted, namely:—"SCHEDULE IV
Section

38.

2007

51

The Payment
and Settlement
Systems Act, 2007

(See section 314)
Subject

183(1)

Remaining in, or re-entering,
cantonment after notice of expulsion
for failure to attend hospital or
dispensary.

296

Discharging fire-arms, etc., so as tocause danger.

300

Loitering or importuning for sexual
immorality.

304(a)

Remaining in, or returning to, acantonment after notice of
expulsion.".

(A) In section 26,—(i) in sub-section (3), for the words"punishable with fine which may extend toten lakh rupees in respect of each offence
and if he persists in such refusal, to a further
fine which may extend to twenty-fivethousand rupees for every day for which
the offence continues", the words andfigures "liable to penalty as may be imposedin accordance with the provisions of section
30" shall be substituted;(ii) in sub-section (6), for the words"punishable with fine which may extend toten lakh rupees and where a contravention
or default is a continuing one, with a further
fine which may extend to twenty-fivethousand rupees for every day, after the firstduring which the contravention or default
continues", the words and figures "liable
to penalty as may be imposed in accordancewith the provisions of section 30" shall be
substituted.
(B) In section 30,—(a) in the marginal heading, for theword "fines", the word "penalties" shall be
substituted;(b) in sub-section (1)—(i) after the word, brackets andSEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

67

(5)
figure "sub-section (2)", the words,
brackets and figure "or subsection (3)" shall be inserted;(ii) for the words "five lakh",
the words "ten lakh" shall be substituted.

39.

2009

7

The Collectionof Statistics
Act, 2008(A) In section 9, in sub-sections (2) and (3),for the word "prosecution", the word "penalty"
shall be substituted.
(B) For CHAPTER IV, the following
CHAPTER shall be substituted, namely:—"CHAPTER IVPENALTIES AND ADJUDICATION
15. Penalty for neglect or refusal
to supply particulars and othercontraventions.— (1) Whoever fails to
produce any books of account, vouchers,
documents or other business records or
whoever neglects or refuses to fill in andsupply the particulars required in any
information schedule or return given or sent
to him or whoever neglects or refuses toanswer any question or inquiry addressedto him as may be required under or for the
purposes of any provision of this Act or
whoever acts in contravention or fails tocomply with any provision of this Act or
any rules made thereunder or any
requirement imposed under this Act, shallbe liable to penalty which may extend to
one thousand rupees, and in the case of acompany, with a penalty which may extend
to one lakh rupees.
(2) The imposition of penalty on a
person or company shall not relieve him or
it of the obligations under sub-section (1),and if after the expiry of fourteen days fromthe date of imposition of penalty, he or it
still fails to give the required particulars orcontinues to neglect or refuse or contravene
any provision of this Act or any rules madethereunder or any requirement imposed
under this Act, shall be liable to a further
penalty which may extend to one thousand
rupees, and in the case of a company, to afurther penalty which may extend to five
thousand rupees, for each day after the firstduring which the neglect, refusal orcontravention continues.

68

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
15A. Adjudicating officer.—(1) The
appropriate Government may, for the
purposes of determining the penalties under
section 15, appoint an officer as it may deem
fit, to be adjudicating officer to hold an
inquiry and impose penalty in the manner,as may be prescribed:
Provided that the appropriate
Government may appoint as many
adjudicating officers as may be required.
(2) The adjudicating officer may
summon and enforce the attendance of any
person acquainted with the facts andcircumstances of the case to give evidenceor to produce any document, which in theopinion of the adjudicating officer, may be
useful for, or relevant to, the subject-matterof the inquiry and if, on such inquiry, he issatisfied that the person concerned has
failed to comply with the provisions of thisAct, he may impose penalty:
Provided that no such penalty shallbe imposed without giving the parties
concerned a reasonable opportunity of
being heard.
15B. Appeal.—(1) Whoever
aggrieved by the order passed by the
adjudicating officer under this Act, may
prefer an appeal to the appellate authority,
above the rank of the adjudicating officer,
authorised by the appropriate Government,
within thirty days from the date of receipt
of order in such form and manner as may beprescribed.
(2) An appeal may be admitted after
the expiry of the period of thirty days if theappellant satisfies the appellate authoritythat he had sufficient cause for notpreferring the appeal within that period.
(3) The appellate authority may, after
giving the parties to the appeal an
opportunity of being heard, pass such orderas he may think fit.
(4) The appellate authority referred
to in sub-section (1) shall dispose of theappeal within sixty days from the date offiling the appeal.
15C. Recovery.—Notwithstanding
anything contained in this Act, if penalty
imposed under this Act, is not deposited,SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

69

(5)
the amount shall be recovered as an arrearof land revenue.".
(C) In section 33, in sub-section (2), after
clause (da), the following clauses shall be inserted,
namely:—"(db) the manner of holding inquiry
and imposing penalty under sub-section (1)of section 15A;(dc) the form and manner of preferring
appeal under sub-section (1) of section
15B;".

40.

2010

1

The Legal
Metrology
Act, 2009(A) In section 25, for the words "twentyfive thousand rupees and for the second or
subsequent offence, with imprisonment for a term
which may extend to six months and also with
fine", the words "one lakh rupees and for thesecond offence with fine which may extend to twolakh rupees and for the third and subsequent
offence, with fine which may extend to five lakhrupees" shall be substituted.
(B) In section 27, in the long line, for thewords "twenty thousand rupees and for thesecond or subsequent offence with imprisonment
for a term which may extend to three years or withfine or with both", the words "one lakh rupees
and for the second offence with fine which may
extend to two lakh rupees and for the third andsubsequent offence, with fine which may extend
to four lakh rupees" shall be substituted.
(C) In section 28, for the words "tenthousand rupees and for the second or
subsequent offence, with imprisonment for a term
which may extend to one year, or with fine, or withboth", the words "fifty thousand rupees and forthe 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 lakhrupees" shall be substituted.
(D) In section 29, for the words "tenthousand rupees and, for the second or
subsequent offence, with imprisonment for a term
which may extend to one year, or with fine, or withboth", the words "fifty thousand rupees for thesecond 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 lakhrupees" shall be substituted.
(E) In section 31, for the words "fivethousand rupees and for the second or
subsequent offence, with imprisonment for a term

70

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—

(5)
which may extend to one year and also with fine",
the words "twenty-five thousand rupees and forthe second offence with fine which may extend to
fifty thousand rupees and for the third andsubsequent offence, with fine which may extend
to one lakh rupees" shall be substituted.
(F) In section 34, for the words "fine whichshall not be less than two thousand rupees, butwhich may extend to five thousand rupees and,for the second or subsequent offence, withimprisonment for a term which shall not be lessthan three months but which may extend to one
year, or with fine, or with both", the words "finewhich may extend to twenty-five thousand rupees
and for the second offence with fine which may
extend to fifty thousand rupees and for the thirdand subsequent offence, with fine which may
extend to one lakh rupees" shall be substituted.
(G) In section 35, for the words "fine whichshall not be less than two thousand rupees, butwhich may extend to five thousand rupees and,for the second or subsequent offence, withimprisonment for a term which shall not be lessthan three months but which may extend to one
year, or with fine, or with both", the words "finewhich may extend to twenty-five thousand rupees
and for the second offence with fine which may
extend to fifty thousand rupees and for the thirdand subsequent offence, with fine which may
extend to one lakh rupees" shall be substituted.
(H) In section 48,—(a) in sub-sections (1) and (2), for thewords and figures "sections 27 to 39" atboth places where they occur, the words
and figures "sections 27 to 39, section 41"
shall be substituted;(b) in sub-section (3), after the words
and figures "sections 33 to 37,", the word
and figures "section 41," shall be inserted.".

41.

2012

12

The Factoring
Regulation
Act, 2011(A) For sections 21 and 22, the following
sections shall be substituted, namely:—"21. Penalties.—If a default is madein filing under section 19, the particulars of
any transaction of assignment ofreceivables and realisation of receivables
by a factor, such company and every officerof the company who is in default shall be
liable to penalty which may extend to fivelakh rupees and in the case of a continuing
offence, with an additional penalty which

SEC. 1]

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

71

(5)
may extend to ten thousand rupees for every
day during which the default continues, tobe imposed by the Reserve Bank inaccordance with the provisions of subsections (2) to (4) of section 22.
22. Penalties for non-compliance of
direction by Reserve Bank.—(1) If
any factor fails to comply with any
direction issued by the Reserve Bank under
section 6, or fails in filing the particulars of
any transaction of receivables andrealisation of receivables under section 19,
the Reserve Bank may impose a penalty
which may extend to five lakh rupees and in
the case of a continuing failure, with anadditional penalty which may extend to ten
thousand rupees for every day during
which the default continues.
(2) For the purpose of adjudging thepenalty under sub-section (1) or section 21,
the Reserve Bank shall serve notice on thefactor requiring it to show cause why theamount specified in the notice should not
be imposed and a reasonable opportunityof being heard shall also be given to suchfactor.
(3) Any penalty imposed by the
Reserve Bank under this section or
section 21 shall be payable within a periodof fourteen days from the date on whichnotice issued by the Reserve Bank
demanding payment of the sum is servedon the factor and in the event of failure of
the factor to pay the sum within such period,
may be levied on a direction made by theprincipal civil court having jurisdiction in
the area where the registered office of thefactor is situated; or, in the case of a factor
incorporated outside India, where its
principal place of business in India issituated:
Provided that no such direction shallbe made except on an application made to
the court by the Reserve Bank or any officer
authorised by Reserve Bank in this behalf:
Provided further that the Reserve
Bank may also recover the amount ofpenalty by debiting the current account, if
any, of the defaulter or by liquidating thesecurities held to the credit of the defaulter.

72

(1)

THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(3)

(4)

[PART II—SEC. 1](5)(4) The court which makes a direction
under sub-section (3) shall issue a certificate
specifying the sum payable by the factor
and every such certificate shall be
enforceable in the same manner as if it werea decree made by the court in a civil suit.".

42.

2016

18

The Aadhaar(Targeted
Delivery of
Financial andOther Subsidies,
Benefits andServices)
Act, 2016

In section 41, for the words "punishable withimprisonment which may extend to one year orwith a fine which may extend to ten thousand
rupees or, in the case of a company, with a finewhich may extend to one lakh rupees or withboth", the words "liable to penalty which may
extend to one lakh rupees, or in the case of acompany, with penalty which may extend toten lakh rupees" shall be substituted.
————
DR. REETA VASISHTA,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Kshitiz
Mohan

MGIPMRND—284GI(S3)—11-08-2023.

Digitally signed by
Kshitiz Mohan
Date: 2023.08.12
02:07:01 +05'30'